# Official Journal C 36/29 J

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 36 |
| | |
| English edition | Information and Notices | Volume 5929 January 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 36

English edition

Information and Notices

Volume 5929 January 2016

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| Notice No | Contents | page |
| --- | --- | --- |
| | |
| 2016/C 036/01 | EUROPEAN PARLIAMENT
  2012-2013 SESSIONSittings of 11 to 14 March 2013
  The Minutes of this session have been published in OJ C 162 E, 7.6.2013 .
  TEXTS ADOPTED | 1 |

Notice No

Contents

page

2016/C 036/01

EUROPEAN PARLIAMENT
  2012-2013 SESSIONSittings of 11 to 14 March 2013
  The Minutes of this session have been published in OJ C 162 E, 7.6.2013 .
  TEXTS ADOPTED

EUROPEAN PARLIAMENT

The Minutes of this session have been published in OJ C 162 E, 7.6.2013 .

1

---

| | I   Resolutions, recommendations and opinions |
| --- | --- |
| | RESOLUTIONS |
| | European Parliament |
| | Tuesday 12 March 2013 |
| 2016/C 036/02 | European Parliament resolution of 12 March 2013 on the Special Report of the European Ombudsman concerning his inquiry into complaint 2591/2010/GG against the European Commission (Vienna Airport) (2012/2264(INI)) | 2 |
| 2016/C 036/03 | European Parliament resolution of 12 March 2013 on the impact of the economic crisis on gender equality and women’s rights (2012/2301(INI)) | 6 |
| 2016/C 036/04 | European Parliament resolution of 12 March 2013 on eliminating gender stereotypes in the EU (2012/2116(INI)) | 18 |
| 2016/C 036/05 | European Parliament resolution of 12 March 2013 on the situation of women in North Africa (2012/2102(INI)) | 27 |
| 2016/C 036/06 | European Parliament resolution of 12 March 2013 on the preparation of the multiannual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014–2020 period (11th European Development Fund) (2012/2222(INI)) | 36 |
| 2016/C 036/07 | European Parliament resolution of 12 March 2013 on improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness (2012/2104(INI)) | 43 |
| | Wednesday 13 March 2013 |
| 2016/C 036/08 | European Parliament resolution of 13 March 2013 on the European Council conclusions of 7/8 February 2013 concerning the Multiannual Financial Framework (2012/2803(RSP)) | 49 |
| 2016/C 036/09 | European Parliament resolution of 13 March 2013 on the general guidelines for the preparation of the 2014 budget, Section III — Commission (2013/2010(BUD)) | 51 |
| 2016/C 036/10 | European Parliament resolution of 13 March 2013 on the composition of the European Parliament with a view to the 2014 elections (2012/2309(INL)) | 56 |
| 2016/C 036/11 | European Parliament resolution of 13 March 2013 on the draft Commission implementing regulation amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (2013/2524(RPS)) | 59 |
| | Thursday 14 March 2013 |
| 2016/C 036/12 | European Parliament resolution of 14 March 2013 on the Energy roadmap 2050, a future with energy (2012/2103(INI)) | 62 |
| 2016/C 036/13 | European Parliament resolution of 14 March 2013 on risk and safety assessments (stress tests) of nuclear power plants in the European Union and related activities (2012/2830(RSP)) | 76 |
| 2016/C 036/14 | European Parliament resolution of 14 March 2013 on strengthening the fight against racism, xenophobia and hate crime (2013/2543(RSP)) | 81 |
| 2016/C 036/15 | European Parliament resolution of 14 March 2013 on the protection of public health from endocrine disrupters (2012/2066(INI)) | 85 |
| 2016/C 036/16 | European Parliament resolution of 14 March 2013 on the integration of migrants, its effects on the labour market and the external dimension of social security coordination (2012/2131(INI)) | 91 |
| 2016/C 036/17 | European Parliament resolution of 14 March 2013 on asbestos related occupational health threats and prospects for abolishing all existing asbestos (2012/2065(INI)) | 102 |
| 2016/C 036/18 | European Parliament resolution of 14 March 2013 with recommendations to the Commission on the Statute for a European mutual society (2012/2039(INL)) | 111 |
| 2016/C 036/19 | European Parliament resolution of 14 March 2013 on the situation in Egypt (2013/2542(RSP)) | 118 |
| 2016/C 036/20 | European Parliament resolution of 14 March 2013 on nuclear threats and human rights in the Democratic People’s Republic of Korea (2013/2565(RSP)) | 123 |
| 2016/C 036/21 | European Parliament resolution of 14 March 2013 on EU-China relations (2012/2137(INI)) | 126 |
| 2016/C 036/22 | European Parliament resolution of 14 March 2013 on match-fixing and corruption in sport (2013/2567(RSP)) | 137 |
| 2016/C 036/23 | European Parliament resolution of 14 March 2013 on sustainability in the global cotton value chain (2012/2841(RSP)) | 140 |
| 2016/C 036/24 | European Parliament resolution of 14 March 2013 on the situation in Bangladesh (2013/2561(RSP)) | 145 |
| 2016/C 036/25 | European Parliament resolution of 14 March 2013 on Iraq: the plight of minority groups, including the Iraqi Turkmen (2013/2562(RSP)) | 147 |
| 2016/C 036/26 | European Parliament resolution of 14 March 2013 on the case of Arafat Jaradat and the situation of Palestinian prisoners in Israeli jails (2013/2563(RSP)) | 150 |

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 12 March 2013

2016/C 036/02

European Parliament resolution of 12 March 2013 on the Special Report of the European Ombudsman concerning his inquiry into complaint 2591/2010/GG against the European Commission (Vienna Airport) (2012/2264(INI))

2

2016/C 036/03

European Parliament resolution of 12 March 2013 on the impact of the economic crisis on gender equality and women’s rights (2012/2301(INI))

6

2016/C 036/04

European Parliament resolution of 12 March 2013 on eliminating gender stereotypes in the EU (2012/2116(INI))

18

2016/C 036/05

European Parliament resolution of 12 March 2013 on the situation of women in North Africa (2012/2102(INI))

27

2016/C 036/06

European Parliament resolution of 12 March 2013 on the preparation of the multiannual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014–2020 period (11th European Development Fund) (2012/2222(INI))

36

2016/C 036/07

European Parliament resolution of 12 March 2013 on improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness (2012/2104(INI))

43

Wednesday 13 March 2013

2016/C 036/08

European Parliament resolution of 13 March 2013 on the European Council conclusions of 7/8 February 2013 concerning the Multiannual Financial Framework (2012/2803(RSP))

49

2016/C 036/09

European Parliament resolution of 13 March 2013 on the general guidelines for the preparation of the 2014 budget, Section III — Commission (2013/2010(BUD))

51

2016/C 036/10

European Parliament resolution of 13 March 2013 on the composition of the European Parliament with a view to the 2014 elections (2012/2309(INL))

56

2016/C 036/11

European Parliament resolution of 13 March 2013 on the draft Commission implementing regulation amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (2013/2524(RPS))

59

Thursday 14 March 2013

2016/C 036/12

European Parliament resolution of 14 March 2013 on the Energy roadmap 2050, a future with energy (2012/2103(INI))

62

2016/C 036/13

European Parliament resolution of 14 March 2013 on risk and safety assessments (stress tests) of nuclear power plants in the European Union and related activities (2012/2830(RSP))

76

2016/C 036/14

European Parliament resolution of 14 March 2013 on strengthening the fight against racism, xenophobia and hate crime (2013/2543(RSP))

81

2016/C 036/15

European Parliament resolution of 14 March 2013 on the protection of public health from endocrine disrupters (2012/2066(INI))

85

2016/C 036/16

European Parliament resolution of 14 March 2013 on the integration of migrants, its effects on the labour market and the external dimension of social security coordination (2012/2131(INI))

91

2016/C 036/17

European Parliament resolution of 14 March 2013 on asbestos related occupational health threats and prospects for abolishing all existing asbestos (2012/2065(INI))

102

2016/C 036/18

European Parliament resolution of 14 March 2013 with recommendations to the Commission on the Statute for a European mutual society (2012/2039(INL))

111

2016/C 036/19

European Parliament resolution of 14 March 2013 on the situation in Egypt (2013/2542(RSP))

118

2016/C 036/20

European Parliament resolution of 14 March 2013 on nuclear threats and human rights in the Democratic People’s Republic of Korea (2013/2565(RSP))

123

2016/C 036/21

European Parliament resolution of 14 March 2013 on EU-China relations (2012/2137(INI))

126

2016/C 036/22

European Parliament resolution of 14 March 2013 on match-fixing and corruption in sport (2013/2567(RSP))

137

2016/C 036/23

European Parliament resolution of 14 March 2013 on sustainability in the global cotton value chain (2012/2841(RSP))

140

2016/C 036/24

European Parliament resolution of 14 March 2013 on the situation in Bangladesh (2013/2561(RSP))

145

2016/C 036/25

European Parliament resolution of 14 March 2013 on Iraq: the plight of minority groups, including the Iraqi Turkmen (2013/2562(RSP))

147

2016/C 036/26

European Parliament resolution of 14 March 2013 on the case of Arafat Jaradat and the situation of Palestinian prisoners in Israeli jails (2013/2563(RSP))

150

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| | III   Preparatory acts |
| --- | --- |
| | EUROPEAN PARLIAMENT |
| | Tuesday 12 March 2013 |
| 2016/C 036/27 | P7_TA(2013)0061Trans-European energy infrastructure: guidelines ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC (COM(2011)0658 — C7-0371/2011 — 2011/0300(COD))P7_TC1-COD(2011)0300Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 | 153 |
| 2016/C 036/28 | P7_TA(2013)0063Accounting rules and action plans on greenhouse gas emissions and removals resulting from activities related to land use ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a decision of the European Parliament and of the Council on accounting rules and action plans on greenhouse gas emissions and removals resulting from activities related to land use, land use change and forestry (COM(2012)0093 — C7-0074/2012 — 2012/0042(COD))P7_TC1-COD(2012)0042Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Decision No .../2013/EU of the European Parliament and of the Council on accounting rules on greenhouse gas emissions and removals resulting from activities relating to land use, land-use change and forestry and on information concerning actions relating to those activities | 154 |
| 2016/C 036/29 | P7_TA(2013)0064Mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change (COM(2011)0789 — C7-0433/2011 — 2011/0372(COD))P7_TC1-COD(2011)0372Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC | 155 |
| 2016/C 036/30 | P7_TA(2013)0065Online consumer dispute resolution ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on online dispute resolution for consumer disputes (Regulation on consumer ODR) (COM(2011)0794 — C7-0453/2011– 2011/0374(COD))P7_TC1-COD(2011)0374Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) | 156 |
| 2016/C 036/31 | P7_TA(2013)0066Alternative consumer dispute resolution ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (COM(2011)0793 — C7-0454/2011– 2011/0373(COD))P7_TC1-COD(2011)0373Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) | 157 |
| 2016/C 036/32 | European Parliament legislative resolution of 12 March 2013 on the proposal for a Council decision on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (COM(2012)0362 — C7-0285/2012 — 2012/0195(CNS)) | 158 |
| 2016/C 036/33 | P7_TA(2013)0068Radioactive substances in water intended for human consumption ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a Council directive laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (COM(2012)0147 — C7-0105/2012 — 2012/0074(COD))P7_TC1-COD(2012)0074Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Council
  Directive 2013/.../EU of the European Parliament and of the Council laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption and amending Council Directive 98/83/EC [Am. 1] | 195 |
| 2016/C 036/34 | P7_TA(2013)0069Economic and budgetary surveillance of Member States with serious difficulties with respect to their financial stability in the euro area ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on the strengthening of economic and budgetary surveillance of Member States experiencing or threatened with serious difficulties with respect to their financial stability in the euro area (COM(2011)0819 — C7-0449/2011 — 2011/0385(COD))P7_TC1-COD(2011)0385Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability | 210 |
| 2016/C 036/35 | P7_TA(2013)0070Monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area (COM(2011)0821 — C7-0448/2011– 2011/0386(COD))P7_TC1-COD(2011)0386Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area | 212 |
| 2016/C 036/36 | P7_TA(2013)0071European venture capital funds ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on European Venture Capital Funds (COM(2011)0860 — C7-0490/2011 — 2011/0417(COD))P7_TC1-COD(2011)0417Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on European venture capital funds | 215 |
| 2016/C 036/37 | P7_TA(2013)0072European social entrepreneurship funds ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on European Social Entrepreneurship Funds (COM(2011)0862 — C7-0489/2011 — 2011/0418(COD))P7_TC1-COD(2011)0418Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on European social entrepreneurship funds | 216 |
| | Wednesday 13 March 2013 |
| 2016/C 036/38 | P7_TA(2013)0079System of national and regional accounts ***IEuropean Parliament legislative resolution of 13 March 2013 on the proposal for a regulation of the European Parliament and of the Council on the European system of national and regional accounts in the European Union (COM(2010)0774 — C7-0010/2011 — 2010/0374(COD))P7_TC1-COD(2010)0374Position of the European Parliament adopted at first reading 13 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the European system of national and regional accounts in the European Union | 217 |
| 2016/C 036/39 | Amendments adopted by the European Parliament on 13 March 2013 on the proposal for a directive of the European Parliament and of the Council concerning flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC (COM(2012)0134 — C7-0083/2012 — 2012/0065(COD)) | 217 |
| 2016/C 036/40 | European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy (COM(2011)0625/3 — C7-0336/2011 — COM(2012)0552 — C7-0311/2012 — 2011/0280(COD) — 2013/2528(RSP)) | 240 |
| 2016/C 036/41 | European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (Single CMO Regulation) (COM(2011)0626/3 — C7-0339/2011 — COM(2012)0535 — C7-0310/2012 — 2011/0281(COD) — 2013/2529(RSP)) | 294 |
| 2016/C 036/42 | European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (COM(2011)0627/3 — C7-0340/2011 — COM(2012)0553 — C7-0313/2012 — 2011/0282(COD) — 2013/2530(RSP)) | 542 |
| 2016/C 036/43 | European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council on the financing, management and monitoring of the CAP (COM(2011)0628/2 — C7-0341/2011 — COM(2012)0551 — C7-0312/2012 — 2011/0288(COD) — 2013/2531(RSP)) | 631 |

III   Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 12 March 2013

2016/C 036/27

P7_TA(2013)0061Trans-European energy infrastructure: guidelines ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC (COM(2011)0658 — C7-0371/2011 — 2011/0300(COD))P7_TC1-COD(2011)0300Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009

153

2016/C 036/28

P7_TA(2013)0063Accounting rules and action plans on greenhouse gas emissions and removals resulting from activities related to land use ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a decision of the European Parliament and of the Council on accounting rules and action plans on greenhouse gas emissions and removals resulting from activities related to land use, land use change and forestry (COM(2012)0093 — C7-0074/2012 — 2012/0042(COD))P7_TC1-COD(2012)0042Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Decision No .../2013/EU of the European Parliament and of the Council on accounting rules on greenhouse gas emissions and removals resulting from activities relating to land use, land-use change and forestry and on information concerning actions relating to those activities

154

2016/C 036/29

P7_TA(2013)0064Mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change (COM(2011)0789 — C7-0433/2011 — 2011/0372(COD))P7_TC1-COD(2011)0372Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC

155

2016/C 036/30

P7_TA(2013)0065Online consumer dispute resolution ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on online dispute resolution for consumer disputes (Regulation on consumer ODR) (COM(2011)0794 — C7-0453/2011– 2011/0374(COD))P7_TC1-COD(2011)0374Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR)

156

2016/C 036/31

P7_TA(2013)0066Alternative consumer dispute resolution ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (COM(2011)0793 — C7-0454/2011– 2011/0373(COD))P7_TC1-COD(2011)0373Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)

157

2016/C 036/32

European Parliament legislative resolution of 12 March 2013 on the proposal for a Council decision on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (COM(2012)0362 — C7-0285/2012 — 2012/0195(CNS))

158

2016/C 036/33

P7_TA(2013)0068Radioactive substances in water intended for human consumption ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a Council directive laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (COM(2012)0147 — C7-0105/2012 — 2012/0074(COD))P7_TC1-COD(2012)0074Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Council
  Directive 2013/.../EU of the European Parliament and of the Council laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption and amending Council Directive 98/83/EC [Am. 1]

Council

Directive 2013/.../EU of the European Parliament and of the Council

and amending Council Directive 98/83/EC

195

2016/C 036/34

P7_TA(2013)0069Economic and budgetary surveillance of Member States with serious difficulties with respect to their financial stability in the euro area ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on the strengthening of economic and budgetary surveillance of Member States experiencing or threatened with serious difficulties with respect to their financial stability in the euro area (COM(2011)0819 — C7-0449/2011 — 2011/0385(COD))P7_TC1-COD(2011)0385Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability

210

2016/C 036/35

P7_TA(2013)0070Monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area (COM(2011)0821 — C7-0448/2011– 2011/0386(COD))P7_TC1-COD(2011)0386Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area

212

2016/C 036/36

P7_TA(2013)0071European venture capital funds ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on European Venture Capital Funds (COM(2011)0860 — C7-0490/2011 — 2011/0417(COD))P7_TC1-COD(2011)0417Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on European venture capital funds

215

2016/C 036/37

P7_TA(2013)0072European social entrepreneurship funds ***IEuropean Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on European Social Entrepreneurship Funds (COM(2011)0862 — C7-0489/2011 — 2011/0418(COD))P7_TC1-COD(2011)0418Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on European social entrepreneurship funds

216

Wednesday 13 March 2013

2016/C 036/38

P7_TA(2013)0079System of national and regional accounts ***IEuropean Parliament legislative resolution of 13 March 2013 on the proposal for a regulation of the European Parliament and of the Council on the European system of national and regional accounts in the European Union (COM(2010)0774 — C7-0010/2011 — 2010/0374(COD))P7_TC1-COD(2010)0374Position of the European Parliament adopted at first reading 13 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the European system of national and regional accounts in the European Union

217

2016/C 036/39

Amendments adopted by the European Parliament on 13 March 2013 on the proposal for a directive of the European Parliament and of the Council concerning flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC (COM(2012)0134 — C7-0083/2012 — 2012/0065(COD))

217

2016/C 036/40

European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy (COM(2011)0625/3 — C7-0336/2011 — COM(2012)0552 — C7-0311/2012 — 2011/0280(COD) — 2013/2528(RSP))

240

2016/C 036/41

European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (Single CMO Regulation) (COM(2011)0626/3 — C7-0339/2011 — COM(2012)0535 — C7-0310/2012 — 2011/0281(COD) — 2013/2529(RSP))

294

2016/C 036/42

European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (COM(2011)0627/3 — C7-0340/2011 — COM(2012)0553 — C7-0313/2012 — 2011/0282(COD) — 2013/2530(RSP))

542

2016/C 036/43

European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council on the financing, management and monitoring of the CAP (COM(2011)0628/2 — C7-0341/2011 — COM(2012)0551 — C7-0312/2012 — 2011/0288(COD) — 2013/2531(RSP))

631

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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:

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29.1.2016

| 29.1.2016 | EN | Official Journal of the European Union | C 36/1 |
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Official Journal of the European Union

C 36/1

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EUROPEAN PARLIAMENT

2012-2013 SESSION

Sittings of 11 to 14 March 2013

The Minutes of this session have been published in OJ C 162 E, 7.6.2013.

TEXTS ADOPTED

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 12 March 2013

| 29.1.2016 | EN | Official Journal of the European Union | C 36/2 |
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29.1.2016

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Official Journal of the European Union

C 36/2

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P7_TA(2013)0062

European Ombudsman special report (Vienna airport)

European Parliament resolution of 12 March 2013 on the Special Report of the European Ombudsman concerning his inquiry into complaint 2591/2010/GG against the European Commission (Vienna Airport) (2012/2264(INI))

(2016/C 036/01)

The European Parliament,

| — | having regard to the Special Report from the European Ombudsman to the European Parliament, |
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—

having regard to the Special Report from the European Ombudsman to the European Parliament,

| — | having regard to Article 228 of the Treaty on the Functioning of the EU, |
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—

having regard to Article 228 of the Treaty on the Functioning of the EU,

| — | having regard to 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 (1), in particular Article 3(7) thereof, |
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—

having regard to 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 (1), in particular Article 3(7) thereof,

| — | having regard to Rule 205(2), first sentence, of its Rules of Procedure, |
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—

having regard to Rule 205(2), first sentence, of its Rules of Procedure,

| — | having regard to the report of the Committee on Petitions (A7-0022/2013), |
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—

having regard to the report of the Committee on Petitions (A7-0022/2013),

| A. | whereas Article 228 of the Treaty on the Functioning of the European Union empowers the European Ombudsman to receive complaints from any citizen of the Union concerning instances of maladministration in the activities of the Union institutions or bodies; |
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A.

whereas Article 228 of the Treaty on the Functioning of the European Union empowers the European Ombudsman to receive complaints from any citizen of the Union concerning instances of maladministration in the activities of the Union institutions or bodies;

| B. | whereas complaints submitted by EU citizens constitute an important source of information on possible infringements of EU law; |
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B.

whereas complaints submitted by EU citizens constitute an important source of information on possible infringements of EU law;

| C. | whereas, according to Article 41 of the Charter of Fundamental Rights of the European Union, ‘every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union’; |
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C.

whereas, according to Article 41 of the Charter of Fundamental Rights of the European Union, ‘every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union’;

| D. | whereas neither the Treaties nor the Ombudsman’s Statute define maladministration, thus leaving this task to the European Ombudsman, subject to the interpretative authority of the Court of Justice; whereas, in his first Annual Report, the Ombudsman introduced a non-exhaustive list of conduct that would amount to maladministration; |
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D.

whereas neither the Treaties nor the Ombudsman’s Statute define maladministration, thus leaving this task to the European Ombudsman, subject to the interpretative authority of the Court of Justice; whereas, in his first Annual Report, the Ombudsman introduced a non-exhaustive list of conduct that would amount to maladministration;

| E. | whereas, following a subsequent invitation by Parliament to define a precise and clear definition of maladministration, the European Ombudsman stated in his Annual Report for 1997 that ‘maladministration occurs when a public body fails to act in accordance with a rule or principle which is binding upon it’; |
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E.

whereas, following a subsequent invitation by Parliament to define a precise and clear definition of maladministration, the European Ombudsman stated in his Annual Report for 1997 that ‘maladministration occurs when a public body fails to act in accordance with a rule or principle which is binding upon it’;

| F. | whereas this definition was supplemented by a statement to the effect that, when investigating whether a Community institution or body has acted in accordance with the rules and principles which are binding upon it, his first and foremost task must be to establish whether it has acted lawfully; |
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F.

whereas this definition was supplemented by a statement to the effect that, when investigating whether a Community institution or body has acted in accordance with the rules and principles which are binding upon it, his first and foremost task must be to establish whether it has acted lawfully;

| G. | whereas the Ombudsman also monitors the application of the codes of good administrative behaviour that institutions have signed up to and which express general principles of administrative law, including elements of the service principle, as well as the Charter of Fundamental Rights, which is fully applicable to all parts of the EU’s own administration; |
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G.

whereas the Ombudsman also monitors the application of the codes of good administrative behaviour that institutions have signed up to and which express general principles of administrative law, including elements of the service principle, as well as the Charter of Fundamental Rights, which is fully applicable to all parts of the EU’s own administration;

| H. | whereas, having submitted 18 special reports in 16,5 years, the Ombudsman has so far acted very cooperatively and responsibly by using such reports to the European Parliament only as ultimate political tool, thus demonstrating his general spirit for consensual solutions; |
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H.

whereas, having submitted 18 special reports in 16,5 years, the Ombudsman has so far acted very cooperatively and responsibly by using such reports to the European Parliament only as ultimate political tool, thus demonstrating his general spirit for consensual solutions;

| I. | whereas this special report concerns the way in which the Commission handled a complaint submitted to it in 2006 by 27 citizens’ initiatives fighting against what they perceived to be the negative consequences of the expansion of Vienna Airport; |
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I.

whereas this special report concerns the way in which the Commission handled a complaint submitted to it in 2006 by 27 citizens’ initiatives fighting against what they perceived to be the negative consequences of the expansion of Vienna Airport;

| J. | whereas Article 2 of the EIA Directive (2) states that ‘Member States shall adopt all measures necessary to ensure that [...] projects likely to have significant effects on the environment [...] are made subject to a requirement for development consent and an assessment with regard to their effects’; |
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J.

whereas Article 2 of the EIA Directive (2) states that ‘Member States shall adopt all measures necessary to ensure that [...] projects likely to have significant effects on the environment [...] are made subject to a requirement for development consent and an assessment with regard to their effects’;

| K. | whereas the Commission concluded that the works for the expansion of the airport had been carried out without the obligatory environmental impact assessment (EIA) and addressed a letter of formal notice to Austria on 21 March 2007 for having omitted the EIA; whereas in its reply of 7 May 2007 Austria could not refute the fact that the infrastructure measures at stake had led and were still leading to a significant increase in air traffic and nuisance due to plane traffic over Vienna, i.e. that these measures had significant environmental effects; |
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K.

whereas the Commission concluded that the works for the expansion of the airport had been carried out without the obligatory environmental impact assessment (EIA) and addressed a letter of formal notice to Austria on 21 March 2007 for having omitted the EIA; whereas in its reply of 7 May 2007 Austria could not refute the fact that the infrastructure measures at stake had led and were still leading to a significant increase in air traffic and nuisance due to plane traffic over Vienna, i.e. that these measures had significant environmental effects;

| L. | whereas, in the light of the fact that the works had either been completed or were close to being finalised, the Commission preferred — rather than bringing Austria before the CJEU — to seek an agreement with the Austrian authorities which would as far as possible remedy this omission; whereas the Commission agreed with the Austrian authorities that the latter would carry out an ex post EIA in order to determine inter alia what mitigation measures would be needed to reduce the effects of noise on the population living near the airport; |
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L.

whereas, in the light of the fact that the works had either been completed or were close to being finalised, the Commission preferred — rather than bringing Austria before the CJEU — to seek an agreement with the Austrian authorities which would as far as possible remedy this omission; whereas the Commission agreed with the Austrian authorities that the latter would carry out an ex post EIA in order to determine inter alia what mitigation measures would be needed to reduce the effects of noise on the population living near the airport;

| M. | whereas the Ombudsman accepted this choice by the Commission; whereas the complainant was unhappy with the way in which the ex post EIA had been carried out, criticising in particular the fact that he did not have access to judicial redress as foreseen by the EIA Directive and that the authority in charge of the EIA, the Austrian Ministry for Transport, was the same authority which had previously granted the permits for the relevant works and thus found itself in a conflict of interest; |
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M.

whereas the Ombudsman accepted this choice by the Commission; whereas the complainant was unhappy with the way in which the ex post EIA had been carried out, criticising in particular the fact that he did not have access to judicial redress as foreseen by the EIA Directive and that the authority in charge of the EIA, the Austrian Ministry for Transport, was the same authority which had previously granted the permits for the relevant works and thus found itself in a conflict of interest;

| N. | whereas, after his investigation, the Ombudsman took the view that he was unable to conclude that the Commission had ensured that the ex post EIA had been carried out properly; whereas he nevertheless closed the case, considering that no further action was needed on his part as the procedure was ongoing and the Commission had stated that it would close its infringement case only when it was satisfied the Austrian authorities had taken the necessary steps; |
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N.

whereas, after his investigation, the Ombudsman took the view that he was unable to conclude that the Commission had ensured that the ex post EIA had been carried out properly; whereas he nevertheless closed the case, considering that no further action was needed on his part as the procedure was ongoing and the Commission had stated that it would close its infringement case only when it was satisfied the Austrian authorities had taken the necessary steps;

| O. | whereas in November 2010 the complainants turned to the Ombudsman again and a second inquiry was opened, in the course of which the Ombudsman conducted an inspection of the Commission’s file; whereas the Ombudsman considered that the file did not show that the representations which the complainants had made during the period in which the ex post EIA was being carried out had been discussed with the Austrian authorities, nor that the Ombudsman’s decision in the first complaint had given rise to any further correspondence besides the reports on the EIA from Austria; |
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O.

whereas in November 2010 the complainants turned to the Ombudsman again and a second inquiry was opened, in the course of which the Ombudsman conducted an inspection of the Commission’s file; whereas the Ombudsman considered that the file did not show that the representations which the complainants had made during the period in which the ex post EIA was being carried out had been discussed with the Austrian authorities, nor that the Ombudsman’s decision in the first complaint had given rise to any further correspondence besides the reports on the EIA from Austria;

| P. | whereas this state of affairs led the Ombudsman to the conclusion that the Commission had failed to take his findings from the first inquiry into account, in particular that it had not been consistent in its replies to the Ombudsman concerning the possibility of legal redress against the ex-post EIA and that it had not insisted on appointing an entity to conduct the EIA other than the Ministry of Transport, which had authorised the works; |
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P.

whereas this state of affairs led the Ombudsman to the conclusion that the Commission had failed to take his findings from the first inquiry into account, in particular that it had not been consistent in its replies to the Ombudsman concerning the possibility of legal redress against the ex-post EIA and that it had not insisted on appointing an entity to conduct the EIA other than the Ministry of Transport, which had authorised the works;

| Q. | whereas the Ombudsman made a draft recommendation to the Commission, urging it to ‘reconsider its approach as regards the handling of the complainants’ infringement complaint concerning Vienna airport and address the deficiencies highlighted by the Ombudsman’ and pointing out that this meant ‘that the Commission’s further actions in the infringement proceedings should take into account the obligation of the national authorities to ensure that (i) the complainants have access to a review procedure and (ii) steps are taken to deal with a manifest conflict of interest in the application of Directive 85/337/EEC’; |
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Q.

whereas the Ombudsman made a draft recommendation to the Commission, urging it to ‘reconsider its approach as regards the handling of the complainants’ infringement complaint concerning Vienna airport and address the deficiencies highlighted by the Ombudsman’ and pointing out that this meant ‘that the Commission’s further actions in the infringement proceedings should take into account the obligation of the national authorities to ensure that (i) the complainants have access to a review procedure and (ii) steps are taken to deal with a manifest conflict of interest in the application of Directive 85/337/EEC’;

| R. | whereas the Commission argued in its reply to the Ombudsman on the first issue that it had raised the issue of legal redress with the Austrian authorities but had accepted their position that this would have raised problems in terms of the national law of judicial procedure, and pointed out that the Austrian authorities had committed themselves to ensure that the cumulative effects of the previous, only ex post assessed works, would be fully taken into account in an EIA of a new third runway against which full judicial review would be possible; |
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R.

whereas the Commission argued in its reply to the Ombudsman on the first issue that it had raised the issue of legal redress with the Austrian authorities but had accepted their position that this would have raised problems in terms of the national law of judicial procedure, and pointed out that the Austrian authorities had committed themselves to ensure that the cumulative effects of the previous, only ex post assessed works, would be fully taken into account in an EIA of a new third runway against which full judicial review would be possible;

| S. | whereas the Commission’s argument concerning the second allegation of maladministration was that the EIA Directive did not establish any provisions regarding the distribution of competences in respect of the EIA procedure to be conducted in the Member States; whereas in line with the principle of subsidiarity it is entirely for the Member States, being responsible for the organisation of their own administration, to decide which authority should be in charge of procedures under the EIA Directive, and whereas it is a general principle of administrative law in all Member States that an authority which has taken an unlawful decision which has been subject to an administrative appeal or court ruling is in charge of remedying the situation; |
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S.

whereas the Commission’s argument concerning the second allegation of maladministration was that the EIA Directive did not establish any provisions regarding the distribution of competences in respect of the EIA procedure to be conducted in the Member States; whereas in line with the principle of subsidiarity it is entirely for the Member States, being responsible for the organisation of their own administration, to decide which authority should be in charge of procedures under the EIA Directive, and whereas it is a general principle of administrative law in all Member States that an authority which has taken an unlawful decision which has been subject to an administrative appeal or court ruling is in charge of remedying the situation;

| T. | whereas the draft recommendation was, thus, not successful and the Ombudsman considered that the present case was an example of a situation where the Commission, in relation to a clear infringement of EU law, had failed to take appropriate remedial action by ensuring that the ex-post environmental impact assessment was carried out impartially and where it had not appropriately followed up the Ombudsman’s advice concerning access to legal redress against this assessment; |
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T.

whereas the draft recommendation was, thus, not successful and the Ombudsman considered that the present case was an example of a situation where the Commission, in relation to a clear infringement of EU law, had failed to take appropriate remedial action by ensuring that the ex-post environmental impact assessment was carried out impartially and where it had not appropriately followed up the Ombudsman’s advice concerning access to legal redress against this assessment;

| U. | whereas the Ombudsman therefore took the view that it was appropriate to bring the matter to the attention of Parliament; |
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U.

whereas the Ombudsman therefore took the view that it was appropriate to bring the matter to the attention of Parliament;

| V. | whereas the Commission adopted a proposal for a review of the EIA Directive on 26 October 2012; whereas its Committee on Legal Affairs has drafted a legislative initiative report requesting a general regulation on administrative procedure for the EU’s own administration; |
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V.

whereas the Commission adopted a proposal for a review of the EIA Directive on 26 October 2012; whereas its Committee on Legal Affairs has drafted a legislative initiative report requesting a general regulation on administrative procedure for the EU’s own administration;

The Ombudsman’s recommendation

| 1. | Welcomes the Ombudsman’s special report, which highlights important issues relating to problems concerning the application of the EIA Directive and the conduct of the infringement proceedings; |
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1.

Welcomes the Ombudsman’s special report, which highlights important issues relating to problems concerning the application of the EIA Directive and the conduct of the infringement proceedings;

| 2. | Recalls that maladministration occurs when a public body fails to act in accordance with a rule or principle which is binding upon it; |
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2.

Recalls that maladministration occurs when a public body fails to act in accordance with a rule or principle which is binding upon it;

| 3. | Notes that the alleged maladministration concerned the way in which the Commission handled the infringement proceedings against Austria, notably its failure to ensure both that the authority which had issued permits for works without the required impact assessment would not be responsible for conducting the ex-post EIA and that the complainant would have access to legal redress against this assessment; |
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3.

Notes that the alleged maladministration concerned the way in which the Commission handled the infringement proceedings against Austria, notably its failure to ensure both that the authority which had issued permits for works without the required impact assessment would not be responsible for conducting the ex-post EIA and that the complainant would have access to legal redress against this assessment;

| 4. | Stresses that this special report does not deal with the question whether the Austrian authorities acted wrongly, but addresses the question whether the Commission failed in its obligations when investigating and acting on a complaint it had received and in its response to the Ombudsman's requests and recommendations from his first investigation into this case; |
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4.

Stresses that this special report does not deal with the question whether the Austrian authorities acted wrongly, but addresses the question whether the Commission failed in its obligations when investigating and acting on a complaint it had received and in its response to the Ombudsman's requests and recommendations from his first investigation into this case;

| 5. | Shares the Ombudsman’s concern about the potential negative impact of conflicts of interest in the carrying out of environmental impact assessments and agrees that means should be sought to address this issue while at the same understanding the Commission’s worries about exceeding its competences if it had required the Austrian authorities to appoint another entity to be responsible for the ex-post assessment; |
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5.

Shares the Ombudsman’s concern about the potential negative impact of conflicts of interest in the carrying out of environmental impact assessments and agrees that means should be sought to address this issue while at the same understanding the Commission’s worries about exceeding its competences if it had required the Austrian authorities to appoint another entity to be responsible for the ex-post assessment;

| 6. | Advises competent authorities in the Member States to pay attention to potential conflicts of interest already within the present state of the law and to prepare for eventual changes in EU law in this respect; stresses the role of national Ombudsmen as important mediators in helping citizens take action against potential conflicts of interest and cases of maladministration in general within Member States' administrations; |
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6.

Advises competent authorities in the Member States to pay attention to potential conflicts of interest already within the present state of the law and to prepare for eventual changes in EU law in this respect; stresses the role of national Ombudsmen as important mediators in helping citizens take action against potential conflicts of interest and cases of maladministration in general within Member States' administrations;

| 7. | Considers, with regard to the Ombudsman's second allegation, that an honest, active and comprehensive inclusion of the local population in the application of the EIA Directive is on the whole essential and thus believes that open and transparent mediation procedures should be carried out more frequently ahead of projects with a potential major impact on the local environment and human health; in this context, acknowledges the public mediation which took place ahead of the EIA concerning the construction of a third runway at Vienna Airport in which also the cumulative impact, e.g. the noise nuisance, of the enlargements which triggered the infringement case at hand was assessed and for which a full review procedure is available; |
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7.

Considers, with regard to the Ombudsman's second allegation, that an honest, active and comprehensive inclusion of the local population in the application of the EIA Directive is on the whole essential and thus believes that open and transparent mediation procedures should be carried out more frequently ahead of projects with a potential major impact on the local environment and human health; in this context, acknowledges the public mediation which took place ahead of the EIA concerning the construction of a third runway at Vienna Airport in which also the cumulative impact, e.g. the noise nuisance, of the enlargements which triggered the infringement case at hand was assessed and for which a full review procedure is available;

| 8. | Agrees with the Ombudsman that keeping and updating clear records forms part of good administration as it enables, for instance, the European Ombudsman to verify that his recommendations have been appropriately taken into account; |
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8.

Agrees with the Ombudsman that keeping and updating clear records forms part of good administration as it enables, for instance, the European Ombudsman to verify that his recommendations have been appropriately taken into account;

| 9. | Considers it also advisable, as a relevant element of good administrative practice, to maintain an appropriate, clear and consistent correspondence with the complainants during infringement procedures and with the Ombudsman during his investigations; |
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9.

Considers it also advisable, as a relevant element of good administrative practice, to maintain an appropriate, clear and consistent correspondence with the complainants during infringement procedures and with the Ombudsman during his investigations;

| 10. | Welcomes the Commission’s statement that it intends to improve its practice on both these issues — written records and thorough correspondence — in order to avoid the problems in communication experienced in the case at hand; |
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10.

Welcomes the Commission’s statement that it intends to improve its practice on both these issues — written records and thorough correspondence — in order to avoid the problems in communication experienced in the case at hand;

| 11. | Stresses that neither the Commission nor the Austrian authorities were violating any existing European legislation when carrying out the ex post EIA, which was based on an ad hoc negotiated sui generis procedure; points out, however, that, as EU law does not provide any legal basis for such a procedure, this is to be considered as exceptional and a consequence of a previous failure to comply with the directive, which cannot be remedied; |
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11.

Stresses that neither the Commission nor the Austrian authorities were violating any existing European legislation when carrying out the ex post EIA, which was based on an ad hoc negotiated sui generis procedure; points out, however, that, as EU law does not provide any legal basis for such a procedure, this is to be considered as exceptional and a consequence of a previous failure to comply with the directive, which cannot be remedied;

| 12. | Considers that, in its negotiations with the Austrian authorities, the Commission could have made greater efforts with regard to the availability of a judicial review, bearing in mind the transposition of the relevant provisions (Article 10a) in Austrian law in 2005, as well as with regard to the conflict of interest in the Austrian Ministry responsible, bearing in mind the overarching principle in EU case-law that not only the letter of the law is to be followed but that the purpose and spirit of the legislation should also be taken into account; |
| --- | --- |

12.

Considers that, in its negotiations with the Austrian authorities, the Commission could have made greater efforts with regard to the availability of a judicial review, bearing in mind the transposition of the relevant provisions (Article 10a) in Austrian law in 2005, as well as with regard to the conflict of interest in the Austrian Ministry responsible, bearing in mind the overarching principle in EU case-law that not only the letter of the law is to be followed but that the purpose and spirit of the legislation should also be taken into account;

The Vienna Airport case, the review of the EIA Directive and the Regulation on good administration

| 13. | Considers that the circumstances which gave rise to the opening of the Commission’s infringement procedure and consequently to the complaint to the European Ombudsman raise serious questions as regards the implementation by a Member State, in this case Austria, of Directive 85/337/EEC at that time; welcomes the fact that the 2009 revision of the Austrian federal law implementing the EIA Directive duly took into account, inter alia, the findings of the infringement procedure at hand and thereby brought Austrian legislation into conformity with EU law in this respect; |
| --- | --- |

13.

Considers that the circumstances which gave rise to the opening of the Commission’s infringement procedure and consequently to the complaint to the European Ombudsman raise serious questions as regards the implementation by a Member State, in this case Austria, of Directive 85/337/EEC at that time; welcomes the fact that the 2009 revision of the Austrian federal law implementing the EIA Directive duly took into account, inter alia, the findings of the infringement procedure at hand and thereby brought Austrian legislation into conformity with EU law in this respect;

| 14. | Recalls that over the years several cases in which Member States allegedly allowed projects to be authorised and carried out without the required EIA have been brought to the attention of its Committee on Petitions; |
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14.

Recalls that over the years several cases in which Member States allegedly allowed projects to be authorised and carried out without the required EIA have been brought to the attention of its Committee on Petitions;

| 15. | Believes that, in cases where projects are highly likely to infringe basic requirements of the EIA Directive, the public concerned should have effective legal instruments available to it to seek immediate clarification by the EIA authority responsible concerning the compliance of the projects with EU rules, so as to prevent irreversible environmental damage when such projects are implemented; |
| --- | --- |

15.

Believes that, in cases where projects are highly likely to infringe basic requirements of the EIA Directive, the public concerned should have effective legal instruments available to it to seek immediate clarification by the EIA authority responsible concerning the compliance of the projects with EU rules, so as to prevent irreversible environmental damage when such projects are implemented;

| 16. | Notes also that the notion of an ex post EIA does not appear in the current EIA Directive and that this instrument was negotiated by the Commission in an attempt to deal with a de facto situation, in which permits had already been granted and works carried out; |
| --- | --- |

16.

Notes also that the notion of an ex post EIA does not appear in the current EIA Directive and that this instrument was negotiated by the Commission in an attempt to deal with a de facto situation, in which permits had already been granted and works carried out;

| 17. | Points out that the Vienna Airport case highlights weaknesses in the current EIA Directive, such as how to deal with projects which are practically irreversible because they have already been implemented, with possible environmental damage already having been done, and the problem of conflicts of interest within responsible authorities, as alleged in the case at hand; |
| --- | --- |

17.

Points out that the Vienna Airport case highlights weaknesses in the current EIA Directive, such as how to deal with projects which are practically irreversible because they have already been implemented, with possible environmental damage already having been done, and the problem of conflicts of interest within responsible authorities, as alleged in the case at hand;

| 18. | Refers to the Annual Report 2011 of its Committee on Petitions, which stressed the need to ensure objectivity and impartiality with regard to EIAs; recalls that the Commission was asked to ensure that the EIA Directive would be ‘strengthened by providing clearer parameters as regards the independence of expert studies, common EU thresholds, a maximum timeframe for the process, including effective public consultation, the requirement to justify decisions, the mandatory assessment of reasonable alternatives and a quality control mechanism’; |
| --- | --- |

18.

Refers to the Annual Report 2011 of its Committee on Petitions, which stressed the need to ensure objectivity and impartiality with regard to EIAs; recalls that the Commission was asked to ensure that the EIA Directive would be ‘strengthened by providing clearer parameters as regards the independence of expert studies, common EU thresholds, a maximum timeframe for the process, including effective public consultation, the requirement to justify decisions, the mandatory assessment of reasonable alternatives and a quality control mechanism’;

| 19. | Welcomes the Commission’s proposal for a revision of the EIA Directive with a view to strengthening it; expresses its commitment to fully engaging with the Commission and Council in the procedure in order to ensure that this important directive serves its purpose in an ever more efficient and objective manner (3); |
| --- | --- |

19.

Welcomes the Commission’s proposal for a revision of the EIA Directive with a view to strengthening it; expresses its commitment to fully engaging with the Commission and Council in the procedure in order to ensure that this important directive serves its purpose in an ever more efficient and objective manner (3);

| 20. | Notes that the current directive does not contain requirements relating to the objectivity and impartiality of the authorities responsible for authorisation and does not set any such requirements for bodies which carry out an EIA; notes that it does not contain any provisions either about how to proceed when a project has already been implemented or is close to finalisation or about how the concerned public could, by means of a clear and non-bureaucratic procedure, obtain immediate clarification from the EIA authority responsible about the conformity with EU rules of such projects, which are very likely to infringe basic provisions of the EIA Directive; considers therefore that the review of the EIA Directive offers a good opportunity to introduce such requirements and provisions; |
| --- | --- |

20.

Notes that the current directive does not contain requirements relating to the objectivity and impartiality of the authorities responsible for authorisation and does not set any such requirements for bodies which carry out an EIA; notes that it does not contain any provisions either about how to proceed when a project has already been implemented or is close to finalisation or about how the concerned public could, by means of a clear and non-bureaucratic procedure, obtain immediate clarification from the EIA authority responsible about the conformity with EU rules of such projects, which are very likely to infringe basic provisions of the EIA Directive; considers therefore that the review of the EIA Directive offers a good opportunity to introduce such requirements and provisions;

| 21. | Considers that this case also shows that, in addition to measures to strengthen the provisions of the EIA Directive, clearer procedures are required for infringement proceedings, preferably through the adoption of a general regulation on administrative procedures for the EU’s administration, thereby strengthening the position of the complainant; considers that such a regulation would be an appropriate means of clarifying the authorities‘ obligations when communicating with complainants in an infringement case or with bodies representing European citizens, such as the Petitions Committee and the Ombudsman, e.g. by introducing an obligation to respond as soon as possible to recommendations of the Ombudsman in order to avoid misinterpretations, such as those which occurred in the case at hand; |
| --- | --- |

21.

Considers that this case also shows that, in addition to measures to strengthen the provisions of the EIA Directive, clearer procedures are required for infringement proceedings, preferably through the adoption of a general regulation on administrative procedures for the EU’s administration, thereby strengthening the position of the complainant; considers that such a regulation would be an appropriate means of clarifying the authorities‘ obligations when communicating with complainants in an infringement case or with bodies representing European citizens, such as the Petitions Committee and the Ombudsman, e.g. by introducing an obligation to respond as soon as possible to recommendations of the Ombudsman in order to avoid misinterpretations, such as those which occurred in the case at hand;

o

o o

| 22. | Instructs its President to forward this resolution to the Council, the Commission, the European Ombudsman, the European Network of Ombudsmen and the parliaments of the Member States. |
| --- | --- |

22.

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

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(1)  OJ L 113, 4.5.1994, p. 15.

(2)  Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (85/337/EEC), as amended.

(3)  COM(2012)0628.

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| 29.1.2016 | EN | Official Journal of the European Union | C 36/6 |
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29.1.2016

EN

Official Journal of the European Union

C 36/6

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P7_TA(2013)0073

Impact of the economic crisis on gender equality and women's rights

European Parliament resolution of 12 March 2013 on the impact of the economic crisis on gender equality and women’s rights (2012/2301(INI))

(2016/C 036/02)

The European Parliament,

| — | having regard to Articles 2 and 3(3), second subparagraph, of the Treaty on European Union (TEU) and to Articles 8, 153(1), indent (i), and 157 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 2 and 3(3), second subparagraph, of the Treaty on European Union (TEU) and to Articles 8, 153(1), indent (i), and 157 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Article 23 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Article 23 of the Charter of Fundamental Rights of the European Union,

| — | having regard to the Commission communication of 18 April 2012 entitled ‘Towards a job-rich recovery’ (COM(2012)0173) and the accompanying document on exploiting the employment potential of the personal and household services (SWD(2012)0095), |
| --- | --- |

—

having regard to the Commission communication of 18 April 2012 entitled ‘Towards a job-rich recovery’ (COM(2012)0173) and the accompanying document on exploiting the employment potential of the personal and household services (SWD(2012)0095),

| — | having regard to the Commission proposal of 6 October 2011 for a regulation of the European Parliament and of the Council on a European Union Programme for Social Change and Innovation (COM(2011)0609), |
| --- | --- |

—

having regard to the Commission proposal of 6 October 2011 for a regulation of the European Parliament and of the Council on a European Union Programme for Social Change and Innovation (COM(2011)0609),

| — | having regard to the European Pact for Gender Equality (2011-2020), adopted by the European Council in March 2011, |
| --- | --- |

—

having regard to the European Pact for Gender Equality (2011-2020), adopted by the European Council in March 2011,

| — | having regard to the Commission’s 2011 report on the Progress on Equality between Women and Men in 2010 (SEC(2011)0193), |
| --- | --- |

—

having regard to the Commission’s 2011 report on the Progress on Equality between Women and Men in 2010 (SEC(2011)0193),

| — | having regard to the Commission communication of 21 September 2010 entitled ‘Strategy for equality between women and men — 2010-2015’ (COM(2010)0491), |
| --- | --- |

—

having regard to the Commission communication of 21 September 2010 entitled ‘Strategy for equality between women and men — 2010-2015’ (COM(2010)0491),

| — | having regard to the proposal for a Council decision on guidelines for the employment policies of the Member States — Part II of the Europe 2020 Integrated Guidelines (COM(2010)0193), |
| --- | --- |

—

having regard to the proposal for a Council decision on guidelines for the employment policies of the Member States — Part II of the Europe 2020 Integrated Guidelines (COM(2010)0193),

| — | having regard to Directive 2006/123/EC of 12 December 2006 on services in the internal market (1), |
| --- | --- |

—

having regard to Directive 2006/123/EC of 12 December 2006 on services in the internal market (1),

| — | having regard to Directive 2006/54/EC 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 (recast) (2), |
| --- | --- |

—

having regard to Directive 2006/54/EC 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 (recast) (2),

| — | having regard to Directive 2004/113/EC of the Council of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (3), |
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—

having regard to Directive 2004/113/EC of the Council of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (3),

| — | having regard to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 18 December 1979, |
| --- | --- |

—

having regard to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 18 December 1979,

| — | having regard to its resolution of 6 May 2009 on the active inclusion of people excluded from the labour market (4), |
| --- | --- |

—

having regard to its resolution of 6 May 2009 on the active inclusion of people excluded from the labour market (4),

| — | having regard to its resolution of 7 September 2010 on the role of women in an ageing society (5); |
| --- | --- |

—

having regard to its resolution of 7 September 2010 on the role of women in an ageing society (5);

| — | having regard to its resolution of 17 June 2010 on gender aspects of the economic downturn and financial crisis (6), |
| --- | --- |

—

having regard to its resolution of 17 June 2010 on gender aspects of the economic downturn and financial crisis (6),

| — | having regard to its resolution of 19 October 2010 on precarious women workers (7), |
| --- | --- |

—

having regard to its resolution of 19 October 2010 on precarious women workers (7),

| — | having regard to its resolution of 8 March 2011 on equality between women and men in the European Union — 2010 (8), |
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—

having regard to its resolution of 8 March 2011 on equality between women and men in the European Union — 2010 (8),

| — | having regard to its resolution of 8 March 2011 on the face of female poverty in the European Union (9), |
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—

having regard to its resolution of 8 March 2011 on the face of female poverty in the European Union (9),

| — | having regard to its resolution of 6 July 2011 on women and business leadership (10), |
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—

having regard to its resolution of 6 July 2011 on women and business leadership (10),

| — | having regard to its resolution of 13 September 2011 on women entrepreneurship in small and medium-sized enterprises (11), |
| --- | --- |

—

having regard to its resolution of 13 September 2011 on women entrepreneurship in small and medium-sized enterprises (11),

| — | having regard to its resolution of 25 October 2011 on the situation of single mothers (12), |
| --- | --- |

—

having regard to its resolution of 25 October 2011 on the situation of single mothers (12),

| — | having regard to its resolution of 13 March 2012 on equality between women and men in the European Union — 2011 (13), |
| --- | --- |

—

having regard to its resolution of 13 March 2012 on equality between women and men in the European Union — 2011 (13),

| — | having regard to its resolution of 24 May 2012 with recommendations to the Commission on application of the principle of equal pay for male and female workers for equal work or work of equal value (14), |
| --- | --- |

—

having regard to its resolution of 24 May 2012 with recommendations to the Commission on application of the principle of equal pay for male and female workers for equal work or work of equal value (14),

| — | having regard to its resolution of 11 September 2012 on women's role in the green economy (15), |
| --- | --- |

—

having regard to its resolution of 11 September 2012 on women's role in the green economy (15),

| — | having regard to its resolution of 11 September 2012 on women’s working conditions in the service sector (16), |
| --- | --- |

—

having regard to its resolution of 11 September 2012 on women’s working conditions in the service sector (16),

| — | having regard to its resolution of 9 March 2011 on the EU strategy on Roma inclusion (17); |
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—

having regard to its resolution of 9 March 2011 on the EU strategy on Roma inclusion (17);

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Women's Rights and Gender Equality and the opinion of the Committee on Employment and Social Affairs (A7-0048/2013), |
| --- | --- |

—

having regard to the report of the Committee on Women's Rights and Gender Equality and the opinion of the Committee on Employment and Social Affairs (A7-0048/2013),

| A. | whereas the European Union is facing the biggest economic and financial crisis since the depression of the 1930s and whereas unemployment rates in all Member States, and especially the southern Member States, have risen significantly as a result of this crisis; whereas the effects of this crisis are particularly serious for vulnerable people, and in particular for women, who are affected directly — through loss of their jobs or pay cuts or loss of job security — and indirectly through budget cuts in public services and welfare; whereas, this being the case, it is essential among other things that the dimension of gender equality in the handling of this crisis and the development of solutions be very seriously examined; |
| --- | --- |

A.

whereas the European Union is facing the biggest economic and financial crisis since the depression of the 1930s and whereas unemployment rates in all Member States, and especially the southern Member States, have risen significantly as a result of this crisis; whereas the effects of this crisis are particularly serious for vulnerable people, and in particular for women, who are affected directly — through loss of their jobs or pay cuts or loss of job security — and indirectly through budget cuts in public services and welfare; whereas, this being the case, it is essential among other things that the dimension of gender equality in the handling of this crisis and the development of solutions be very seriously examined;

| B. | whereas the right to work is an essential precondition if women are to enjoy effective equal rights, economic independence and professional fulfilment; whereas the current crisis is not only a financial and economic crisis, but also a crisis for democracy, for equality, for social welfare, and for gender equality, and is also being used as an excuse to slow down or even halt crucial efforts to tackle climate change and the environmental challenges ahead; |
| --- | --- |

B.

whereas the right to work is an essential precondition if women are to enjoy effective equal rights, economic independence and professional fulfilment; whereas the current crisis is not only a financial and economic crisis, but also a crisis for democracy, for equality, for social welfare, and for gender equality, and is also being used as an excuse to slow down or even halt crucial efforts to tackle climate change and the environmental challenges ahead;

| C. | whereas recent studies have shown that only 5 % of decision-makers in the EU’s financial institutions are women, while all 27 central bank governors in the Member States are men; whereas gender studies have shown that women manage in a different way by avoiding risk and focusing more on a long-term perspective; |
| --- | --- |

C.

whereas recent studies have shown that only 5 % of decision-makers in the EU’s financial institutions are women, while all 27 central bank governors in the Member States are men; whereas gender studies have shown that women manage in a different way by avoiding risk and focusing more on a long-term perspective;

| D. | whereas at the beginning the economic crisis had a greater impact on men than on women,; whereas unemployment has risen since then at different rates for men and women; whereas women were not hit initially by the crisis but are now increasingly feeling its effects (higher and increasing number of precarious and part-time jobs, greater threat of redundancy, lower wages, reduced social protection cover, etc), and will be affected more enduringly; whereas this phase is far less well documented and there is a lack of reliable and comparable statistical data on it, and, consequently, the impact of the crisis on women tends to be underestimated; |
| --- | --- |

D.

whereas at the beginning the economic crisis had a greater impact on men than on women,; whereas unemployment has risen since then at different rates for men and women; whereas women were not hit initially by the crisis but are now increasingly feeling its effects (higher and increasing number of precarious and part-time jobs, greater threat of redundancy, lower wages, reduced social protection cover, etc), and will be affected more enduringly; whereas this phase is far less well documented and there is a lack of reliable and comparable statistical data on it, and, consequently, the impact of the crisis on women tends to be underestimated;

| E. | whereas women play a critical role in driving economic development; whereas further empowering women can have the economic effect of lifting communities and families out of poverty; |
| --- | --- |

E.

whereas women play a critical role in driving economic development; whereas further empowering women can have the economic effect of lifting communities and families out of poverty;

| F. | whereas in a crisis situation labour market policy tends to focus on influencing the general level of employment, and not on economically inactive women; |
| --- | --- |

F.

whereas in a crisis situation labour market policy tends to focus on influencing the general level of employment, and not on economically inactive women;

| G. | whereas it should be noted that unemployed women are often not included in official statistics and that gender inequalities in terms of inactivity rates are often underestimated as women tend more frequently to withdraw from the labour market for various reasons (pregnancy, family responsibilities, time constraints) and to perform unpaid or informal work, often in the home or caring for dependents or serving the shadow economy, while few studies currently exist concerning the impact of cuts in public expenditure relating to gender equality; |
| --- | --- |

G.

whereas it should be noted that unemployed women are often not included in official statistics and that gender inequalities in terms of inactivity rates are often underestimated as women tend more frequently to withdraw from the labour market for various reasons (pregnancy, family responsibilities, time constraints) and to perform unpaid or informal work, often in the home or caring for dependents or serving the shadow economy, while few studies currently exist concerning the impact of cuts in public expenditure relating to gender equality;

| H. | whereas budget cuts by governments implementing austerity plans are mostly affecting the public sector and its welfare services, which are staffed and benefited mainly by women — who make up some 70 % of public-sector employees — but also the private sector, with women now becoming the main victims of austerity measures; whereas to date no country has assessed the impact of the proposed cuts in public spending and of the consequences of fiscal consolidation from a gender perspective, be it the impact of the individual measures or their cumulative impact; |
| --- | --- |

H.

whereas budget cuts by governments implementing austerity plans are mostly affecting the public sector and its welfare services, which are staffed and benefited mainly by women — who make up some 70 % of public-sector employees — but also the private sector, with women now becoming the main victims of austerity measures; whereas to date no country has assessed the impact of the proposed cuts in public spending and of the consequences of fiscal consolidation from a gender perspective, be it the impact of the individual measures or their cumulative impact;

| I. | whereas women are more dependent on social benefits which are being cut as part of austerity measures; |
| --- | --- |

I.

whereas women are more dependent on social benefits which are being cut as part of austerity measures;

| J. | whereas a crisis situation like the current one calls for deep structural reforms in the job market; |
| --- | --- |

J.

whereas a crisis situation like the current one calls for deep structural reforms in the job market;

| K. | whereas for women a fall in the number of jobs frequently goes hand in hand with the readjustment of work schedules, including longer working hours often involving different shifts; whereas it is extremely likely that recovery will be felt more rapidly in the industrial sector, thereby bringing about recovery in male employment, which will pick up faster than female employment; whereas austerity measures in the public services will have a more lasting effect on female employment, thus jeopardising in the long term the progress that has been made in the field of gender equality; |
| --- | --- |

K.

whereas for women a fall in the number of jobs frequently goes hand in hand with the readjustment of work schedules, including longer working hours often involving different shifts; whereas it is extremely likely that recovery will be felt more rapidly in the industrial sector, thereby bringing about recovery in male employment, which will pick up faster than female employment; whereas austerity measures in the public services will have a more lasting effect on female employment, thus jeopardising in the long term the progress that has been made in the field of gender equality;

| L. | whereas the crisis is leading to increasing exploitation of women in both the legal and the illegal economy; whereas its effects will impact in the longer term on those women who have a non-linear career path (including those in poorly paid temporary, part-time, intermittent, atypical, or even informal employment), often with part-time working imposed, resulting in women having an incomplete pension contributions record and in a higher percentage of women at risk of poverty; whereas women may end up with entitlement only to a very small pension and thus be pushed below the poverty line; whereas there is a risk of the emergence of a whole ‘lost generation’ of young people, both men and women, deprived of job opportunities, secure employment and, often, educational opportunities because of economic hardship; |
| --- | --- |

L.

whereas the crisis is leading to increasing exploitation of women in both the legal and the illegal economy; whereas its effects will impact in the longer term on those women who have a non-linear career path (including those in poorly paid temporary, part-time, intermittent, atypical, or even informal employment), often with part-time working imposed, resulting in women having an incomplete pension contributions record and in a higher percentage of women at risk of poverty; whereas women may end up with entitlement only to a very small pension and thus be pushed below the poverty line; whereas there is a risk of the emergence of a whole ‘lost generation’ of young people, both men and women, deprived of job opportunities, secure employment and, often, educational opportunities because of economic hardship;

| M. | whereas the crisis is adding to the difficulties of reconciling career and family roles; whereas the impact on employment of having children differs between women and men; whereas the labour market participation rate for mothers is 12 % lower than that for women without children, while the employment rate for fathers is 8,7 % higher than for men without children; |
| --- | --- |

M.

whereas the crisis is adding to the difficulties of reconciling career and family roles; whereas the impact on employment of having children differs between women and men; whereas the labour market participation rate for mothers is 12 % lower than that for women without children, while the employment rate for fathers is 8,7 % higher than for men without children;

| N. | whereas the gender dimension has not been taken into consideration in the current and planned initiatives and policies aimed at exiting the crisis; |
| --- | --- |

N.

whereas the gender dimension has not been taken into consideration in the current and planned initiatives and policies aimed at exiting the crisis;

| O. | whereas female employment is affected by gender stereotypes, such as the notion that male unemployment is a ‘more serious’ issue than female unemployment, adding to the already significant collection of gender stereotypes which impact negatively on women's chances of employment; whereas in practice the approach to male unemployment is different from that to female unemployment, since men are still considered as the breadwinners and women as the main family caretakers; |
| --- | --- |

O.

whereas female employment is affected by gender stereotypes, such as the notion that male unemployment is a ‘more serious’ issue than female unemployment, adding to the already significant collection of gender stereotypes which impact negatively on women's chances of employment; whereas in practice the approach to male unemployment is different from that to female unemployment, since men are still considered as the breadwinners and women as the main family caretakers;

| P. | whereas approximately 23 % of EU citizens were at risk of poverty or social exclusion in 2010 (18), and this impoverishment of the population affects women most of all, since they very often face a combination of difficulties, as in the cases of older women living alone and single-parent families (for the most part headed by women); whereas these include difficulties in keeping a job or finding a new one in these circumstances, difficulties in finding appropriate housing, taking on responsibility for dependants (children, parents, and sick or disabled people), and difficulties in reconciling work and family life arising from lack of appropriate support structures and variations in national policies on the matter between the 27 Member States; |
| --- | --- |

P.

whereas approximately 23 % of EU citizens were at risk of poverty or social exclusion in 2010 (18), and this impoverishment of the population affects women most of all, since they very often face a combination of difficulties, as in the cases of older women living alone and single-parent families (for the most part headed by women); whereas these include difficulties in keeping a job or finding a new one in these circumstances, difficulties in finding appropriate housing, taking on responsibility for dependants (children, parents, and sick or disabled people), and difficulties in reconciling work and family life arising from lack of appropriate support structures and variations in national policies on the matter between the 27 Member States;

| Q. | whereas the crisis has further aggravated the social end economic condition of many disadvantaged communities and has contributed to an increased school dropout rate among girls and an even greater vulnerability to trafficking; |
| --- | --- |

Q.

whereas the crisis has further aggravated the social end economic condition of many disadvantaged communities and has contributed to an increased school dropout rate among girls and an even greater vulnerability to trafficking;

| R. | whereas cutbacks in services and benefits have compromised women's economic independence, as benefits often constitute an important source of their income and as women tend to use public services more than men; whereas single mothers and single female pensioners face the biggest cumulative losses; |
| --- | --- |

R.

whereas cutbacks in services and benefits have compromised women's economic independence, as benefits often constitute an important source of their income and as women tend to use public services more than men; whereas single mothers and single female pensioners face the biggest cumulative losses;

| S. | whereas rising numbers of women are taking informal and unpaid work (voluntary or otherwise) with less social protection in order to escape the crisis; whereas according to an OECD study (19) domestic work accounts for 33 % of the GNP of the OECD member countries; |
| --- | --- |

S.

whereas rising numbers of women are taking informal and unpaid work (voluntary or otherwise) with less social protection in order to escape the crisis; whereas according to an OECD study (19) domestic work accounts for 33 % of the GNP of the OECD member countries;

| T. | notes that the decrease in the employment gap between men and women is more a reflection of a general degeneration in living and working conditions than of progress towards increased gender equality; |
| --- | --- |

T.

notes that the decrease in the employment gap between men and women is more a reflection of a general degeneration in living and working conditions than of progress towards increased gender equality;

| U. | whereas women entering working life are playing a leading role in the return to growth; whereas they enable the family income to rise, which brings about a rise in consumption and helps boost the economy; whereas gender equality therefore has a positive impact on productivity and economic growth; |
| --- | --- |

U.

whereas women entering working life are playing a leading role in the return to growth; whereas they enable the family income to rise, which brings about a rise in consumption and helps boost the economy; whereas gender equality therefore has a positive impact on productivity and economic growth;

| V. | whereas the recent secondary analysis of the 5th EWCS (‘Women, men and working conditions in Europe: Secondary analysis of the 5th European Working conditions survey’, Eurofound 2012, to be published in 2013) shows that gender segregation is detrimental for both male and female workers; whereas both men and women report increased wellbeing at work and greater job satisfaction where they work with colleagues of both sexes; whereas scope nonetheless remains for combating gender segregation on the labour market, occupational gender polarisation, and the existence of ‘mono-gendered’ workplaces (given that three-fifths of workers in Europe are employed at a single-sex workplace); |
| --- | --- |

V.

whereas the recent secondary analysis of the 5th EWCS (‘Women, men and working conditions in Europe: Secondary analysis of the 5th European Working conditions survey’, Eurofound 2012, to be published in 2013) shows that gender segregation is detrimental for both male and female workers; whereas both men and women report increased wellbeing at work and greater job satisfaction where they work with colleagues of both sexes; whereas scope nonetheless remains for combating gender segregation on the labour market, occupational gender polarisation, and the existence of ‘mono-gendered’ workplaces (given that three-fifths of workers in Europe are employed at a single-sex workplace);

| W. | whereas gender equality measures have been cancelled or delayed and potential future cuts in public budgets will have a negative effect on female employment and on the promotion of equality; |
| --- | --- |

W.

whereas gender equality measures have been cancelled or delayed and potential future cuts in public budgets will have a negative effect on female employment and on the promotion of equality;

| X. | whereas the economic downturn should not be used as an excuse to slow down progress on work/life policies and to cut budgets allocated to care services for dependents and leave arrangements, affecting in particular women’s access to the labour market; |
| --- | --- |

X.

whereas the economic downturn should not be used as an excuse to slow down progress on work/life policies and to cut budgets allocated to care services for dependents and leave arrangements, affecting in particular women’s access to the labour market;

| Y. | whereas violence against women is a widespread phenomenon in all countries and all social classes; whereas economic stress often leads to more frequent, more violent and more dangerous abuse, and whereas studies have also shown that violence against women intensifies when men experience displacement and dispossession as a result of economic crisis; |
| --- | --- |

Y.

whereas violence against women is a widespread phenomenon in all countries and all social classes; whereas economic stress often leads to more frequent, more violent and more dangerous abuse, and whereas studies have also shown that violence against women intensifies when men experience displacement and dispossession as a result of economic crisis;

| Z. | whereas women benefited most from job creation in the EU between 1998 and 2008 (the respective female employment rates in the EU being 55,6 % and 62,8 %) (20); whereas employment has risen by 12,7 % for women but only 3,18 % for men, the unemployment rate for women remaining slightly higher in 2012 (21) (10,7 % of women being unemployed as opposed to 10,6 % of men); |
| --- | --- |

Z.

whereas women benefited most from job creation in the EU between 1998 and 2008 (the respective female employment rates in the EU being 55,6 % and 62,8 %) (20); whereas employment has risen by 12,7 % for women but only 3,18 % for men, the unemployment rate for women remaining slightly higher in 2012 (21) (10,7 % of women being unemployed as opposed to 10,6 % of men);

| AA. | whereas in 2011 31,6 % of women worked part-time as opposed to 8,1 % of men; |
| --- | --- |

AA.

whereas in 2011 31,6 % of women worked part-time as opposed to 8,1 % of men;

| 1. | Recalls that gender equality is one of the core objectives of the European Union and that it must be a key consideration when defining the response to the current economic and financial crisis, including investment in the public sector, the welfare sector, and environmentally sustainable housing, transport, etc, as well as generating state revenue through more efficient taxation policies; deplores the fact that policy responses to the crisis, including recovery packages, have failed to acknowledge, analyse and rectify the gender impact of the crisis; condemns the fact that there has been virtually no mainstreaming of the gender perspective into the post-Lisbon strategy, and hence calls on the Council, the Commission and the Member States to mainstream gender equality, via specific targets in the macroeconomic and employment guidelines; |
| --- | --- |

1.

Recalls that gender equality is one of the core objectives of the European Union and that it must be a key consideration when defining the response to the current economic and financial crisis, including investment in the public sector, the welfare sector, and environmentally sustainable housing, transport, etc, as well as generating state revenue through more efficient taxation policies; deplores the fact that policy responses to the crisis, including recovery packages, have failed to acknowledge, analyse and rectify the gender impact of the crisis; condemns the fact that there has been virtually no mainstreaming of the gender perspective into the post-Lisbon strategy, and hence calls on the Council, the Commission and the Member States to mainstream gender equality, via specific targets in the macroeconomic and employment guidelines;

| 2. | Invites the Commission to integrate the gender dimension into all policies, in particular those concerning: impact of austerity measures and recovery from the crisis; economic governance; sustainable development and green jobs; vocational education and training; migration, cooperation and development; health and safety; and measures to be planned or implemented to counteract or limit the effects of the crisis; |
| --- | --- |

2.

Invites the Commission to integrate the gender dimension into all policies, in particular those concerning: impact of austerity measures and recovery from the crisis; economic governance; sustainable development and green jobs; vocational education and training; migration, cooperation and development; health and safety; and measures to be planned or implemented to counteract or limit the effects of the crisis;

| 3. | Calls on the Member States to review and highlight the immediate and long-term impact of the economic crisis on women, with particular reference to whether and how it is worsening existing gender inequalities, and to related consequences such as increased risk of gender-based violence, declining maternal and child health, and poverty among older women; |
| --- | --- |

3.

Calls on the Member States to review and highlight the immediate and long-term impact of the economic crisis on women, with particular reference to whether and how it is worsening existing gender inequalities, and to related consequences such as increased risk of gender-based violence, declining maternal and child health, and poverty among older women;

| 4. | Recalls that, having seen the employment rate for women climb steadily for over ten years to reach a level of 62,8 % in 2008, the EU has now seen that rate fall slightly since the beginning of the economic crisis, to 62,3 % in 2011; stresses, therefore, the need for lasting responses that take the gender equality dimension into consideration in both EU and Member State policies to safeguard employment and renew growth; |
| --- | --- |

4.

Recalls that, having seen the employment rate for women climb steadily for over ten years to reach a level of 62,8 % in 2008, the EU has now seen that rate fall slightly since the beginning of the economic crisis, to 62,3 % in 2011; stresses, therefore, the need for lasting responses that take the gender equality dimension into consideration in both EU and Member State policies to safeguard employment and renew growth;

| 5. | Invites the Commission to consider a further adaptation of the Structural Funds, in order to ensure additional support for areas of women's employment likely to be affected by the crisis, as well as support for childcare, training and access to employment; |
| --- | --- |

5.

Invites the Commission to consider a further adaptation of the Structural Funds, in order to ensure additional support for areas of women's employment likely to be affected by the crisis, as well as support for childcare, training and access to employment;

| 6. | Stresses the importance of the flagship initiative ‘Platform against Poverty and Social Exclusion’; invites the Member States to make full use of the Europe for Citizens Programme and the upcoming Programme for Social Change and Innovation, especially with regard to the effective implementation of gender equality objectives; stresses the importance of the Daphne III programme, especially with regard to the protection of women against all forms of violence and the need to achieve high levels of health protection, wellbeing and social cohesion; |
| --- | --- |

6.

Stresses the importance of the flagship initiative ‘Platform against Poverty and Social Exclusion’; invites the Member States to make full use of the Europe for Citizens Programme and the upcoming Programme for Social Change and Innovation, especially with regard to the effective implementation of gender equality objectives; stresses the importance of the Daphne III programme, especially with regard to the protection of women against all forms of violence and the need to achieve high levels of health protection, wellbeing and social cohesion;

| 7. | Stresses the fact that, despite unemployment rates for men and women being comparable, the crisis affects women differently; points out that working conditions for women have become considerably more insecure, especially with the increasing prevalence of atypical forms of contract, and that women’s incomes have fallen significantly thanks to a number of factors, including the persistent wage gap (nearly 17 %) between men and women and the resultant inequality in their respective levels of unemployment benefit, the rise in compulsory part-time working, and the rise in the number of temporary or fixed-term jobs to the detriment of more stable employment; whereas with the persistent gender pay gap and the resultant inequality in unemployment benefit levels, the crisis has worsened women's situation in the labour market; points out that the experience of previous crises shows that the male employment rate generally recovers more quickly than that for women; |
| --- | --- |

7.

Stresses the fact that, despite unemployment rates for men and women being comparable, the crisis affects women differently; points out that working conditions for women have become considerably more insecure, especially with the increasing prevalence of atypical forms of contract, and that women’s incomes have fallen significantly thanks to a number of factors, including the persistent wage gap (nearly 17 %) between men and women and the resultant inequality in their respective levels of unemployment benefit, the rise in compulsory part-time working, and the rise in the number of temporary or fixed-term jobs to the detriment of more stable employment; whereas with the persistent gender pay gap and the resultant inequality in unemployment benefit levels, the crisis has worsened women's situation in the labour market; points out that the experience of previous crises shows that the male employment rate generally recovers more quickly than that for women;

| 8. | Calls on the Commission to submit, as soon as possible, a proposal for a directive setting out measures for overcoming the gender pay gap for equal or equivalent work; |
| --- | --- |

8.

Calls on the Commission to submit, as soon as possible, a proposal for a directive setting out measures for overcoming the gender pay gap for equal or equivalent work;

| 9. | Recalls that very wide disparities still exist between Member States, with the employment rate for women varying between 48,6 % and 77,2 %, and that the contrast in these situations calls for specific, tailor-made responses as part of an overarching European approach; emphasises, moreover, the need to have reliable common indicators, and thus reliable comparable statistics, so that differing situations can be assessed, needs determined and suitable responses found; |
| --- | --- |

9.

Recalls that very wide disparities still exist between Member States, with the employment rate for women varying between 48,6 % and 77,2 %, and that the contrast in these situations calls for specific, tailor-made responses as part of an overarching European approach; emphasises, moreover, the need to have reliable common indicators, and thus reliable comparable statistics, so that differing situations can be assessed, needs determined and suitable responses found;

| 10. | Recalls that even before the economic crisis, women were in the majority in temporary and part-time employment, and that the crisis has reinforced this trend, hence placing many women at a heightened risk of social exclusion; notes that this has been particularly the case in the southern Member States; |
| --- | --- |

10.

Recalls that even before the economic crisis, women were in the majority in temporary and part-time employment, and that the crisis has reinforced this trend, hence placing many women at a heightened risk of social exclusion; notes that this has been particularly the case in the southern Member States;

| 11. | Notes with concern that female youth unemployment increased from 18,8 % in 2009 to 20,8 % in 2011, and that the crisis will impact especially harshly on disadvantaged groups of women, including inter alia women with disabilities, immigrant women, women belonging to ethnic minorities, women with few qualifications, women who are long-term unemployed, single mothers, women without livelihoods and women caring for dependents; welcomes the Commission’s package of measures aimed at tackling the present unacceptable levels of youth unemployment and social exclusion and offering young people jobs, education and training; |
| --- | --- |

11.

Notes with concern that female youth unemployment increased from 18,8 % in 2009 to 20,8 % in 2011, and that the crisis will impact especially harshly on disadvantaged groups of women, including inter alia women with disabilities, immigrant women, women belonging to ethnic minorities, women with few qualifications, women who are long-term unemployed, single mothers, women without livelihoods and women caring for dependents; welcomes the Commission’s package of measures aimed at tackling the present unacceptable levels of youth unemployment and social exclusion and offering young people jobs, education and training;

| 12. | Believes that the right to work is an essential precondition if women are to enjoy effective equal rights, economic independence and professional fulfilment, and therefore insists that precarious employment should be eradicated by recognising and enhancing the right to jobs with rights; |
| --- | --- |

12.

Believes that the right to work is an essential precondition if women are to enjoy effective equal rights, economic independence and professional fulfilment, and therefore insists that precarious employment should be eradicated by recognising and enhancing the right to jobs with rights;

| 13. | Calls on the EU and the Member States to reformulate their current responses to the economic crisis in order to ensure that the measures undertaken are long-term in scope and do not undermine the welfare policies and public sector structures that are a precondition for greater gender equality, such as social services and care facilities, healthcare, education, and workers’ rights; |
| --- | --- |

13.

Calls on the EU and the Member States to reformulate their current responses to the economic crisis in order to ensure that the measures undertaken are long-term in scope and do not undermine the welfare policies and public sector structures that are a precondition for greater gender equality, such as social services and care facilities, healthcare, education, and workers’ rights;

| 14. | Recalls that it is becoming increasingly difficult for women to make the transition from education to employment, and that this will ultimately lead to divergences in men’s and women’s assessment of their own skills; |
| --- | --- |

14.

Recalls that it is becoming increasingly difficult for women to make the transition from education to employment, and that this will ultimately lead to divergences in men’s and women’s assessment of their own skills;

| 15. | Considers that the structural reforms arising from the handling of the current crisis offer an opportunity to correct certain types of gender discrimination which remain too common on the European job market; |
| --- | --- |

15.

Considers that the structural reforms arising from the handling of the current crisis offer an opportunity to correct certain types of gender discrimination which remain too common on the European job market;

| 16. | Emphasises that women account for a larger proportion of the informal economy than men, partly because there is greater deregulation in the sectors in which women traditionally work, for example domestic service or care work; notes, on the other hand, that the informal economy has grown as a result of the crisis, although it is very difficult to obtain a clear picture of it in the absence of reliable data on incidence and impact; |
| --- | --- |

16.

Emphasises that women account for a larger proportion of the informal economy than men, partly because there is greater deregulation in the sectors in which women traditionally work, for example domestic service or care work; notes, on the other hand, that the informal economy has grown as a result of the crisis, although it is very difficult to obtain a clear picture of it in the absence of reliable data on incidence and impact;

| 17. | Stresses that women have played a vital role in resisting the crisis; firmly believes that women offer considerable potential for the improved competitiveness and performance of business, particularly where they are in management posts; considers that involving women in the drawing-up and management of recovery plans to encourage social cohesion is, therefore, a matter of particular urgency; |
| --- | --- |

17.

Stresses that women have played a vital role in resisting the crisis; firmly believes that women offer considerable potential for the improved competitiveness and performance of business, particularly where they are in management posts; considers that involving women in the drawing-up and management of recovery plans to encourage social cohesion is, therefore, a matter of particular urgency;

| 18. | Insists on the need to ensure that the current economic and financial crisis and the consequent budget restrictions do not jeopardise the progress achieved by policies promoting gender equality and do not serve as a pretext for reducing efforts in this respect; believes it should, rather, encourage Member States to incorporate gender equality policies into their employment policies, considering the latter as part of the solution to the crisis, in terms of harnessing and fully exploiting the skills and abilities of all Europeans; calls on the Member States to ensure that a gender mainstreaming aspect is included in all planned fiscal policies; |
| --- | --- |

18.

Insists on the need to ensure that the current economic and financial crisis and the consequent budget restrictions do not jeopardise the progress achieved by policies promoting gender equality and do not serve as a pretext for reducing efforts in this respect; believes it should, rather, encourage Member States to incorporate gender equality policies into their employment policies, considering the latter as part of the solution to the crisis, in terms of harnessing and fully exploiting the skills and abilities of all Europeans; calls on the Member States to ensure that a gender mainstreaming aspect is included in all planned fiscal policies;

| 19. | Stresses that women’s rights should not be seen, understood or pursued as competing with men’s rights, since the improvement of care services and public services for families is a precondition for both men’s and women’s participation in the labour market; points out that there is a need to promote the sharing of family and household responsibilities; invites the Member States to introduce measures or develop existing measures aimed at overcoming gender discrimination and the unequal assignment of roles, such as encouraging men in their right to care for children and sick or disabled relatives; |
| --- | --- |

19.

Stresses that women’s rights should not be seen, understood or pursued as competing with men’s rights, since the improvement of care services and public services for families is a precondition for both men’s and women’s participation in the labour market; points out that there is a need to promote the sharing of family and household responsibilities; invites the Member States to introduce measures or develop existing measures aimed at overcoming gender discrimination and the unequal assignment of roles, such as encouraging men in their right to care for children and sick or disabled relatives;

| 20. | Stresses that the falling birth rate in the EU has been exacerbated by the crisis, given that unemployment, precarious situations and uncertainty regarding the future and the economy have led couples, and younger women in particular, to delay having children, thereby further reinforcing the trend to demographic ageing in the Union; |
| --- | --- |

20.

Stresses that the falling birth rate in the EU has been exacerbated by the crisis, given that unemployment, precarious situations and uncertainty regarding the future and the economy have led couples, and younger women in particular, to delay having children, thereby further reinforcing the trend to demographic ageing in the Union;

| 21. | Stresses the importance of reforming macroeconomic, social and labour market policies in order to guarantee economic and social justice for women, develop strategies to promote the fair distribution of wealth, guarantee a minimum income and decent wages and pensions, reduce the gender pay gap, create more high-quality jobs for women coupled with rights, enable women to benefit from public services of a high standard, and improve welfare provision and neighbourhood services, including creches, kindergartens and other forms of pre-school education, day centres, community leisure and family support centres, and intergenerational centres; |
| --- | --- |

21.

Stresses the importance of reforming macroeconomic, social and labour market policies in order to guarantee economic and social justice for women, develop strategies to promote the fair distribution of wealth, guarantee a minimum income and decent wages and pensions, reduce the gender pay gap, create more high-quality jobs for women coupled with rights, enable women to benefit from public services of a high standard, and improve welfare provision and neighbourhood services, including creches, kindergartens and other forms of pre-school education, day centres, community leisure and family support centres, and intergenerational centres;

| 22. | Recalls that cuts in public budgets are not gender-neutral but are, rather, the result of the Union's macrostructural economic policies, in particular the implementation of the measures contained in ‘economic governance’ and financial adjustment programmes which are causing and will continue to cause increasing gender inequalities, female unemployment and the feminisation of poverty; believes that a change in policy is therefore required, since women are in the majority in public-sector employment and are the principal beneficiaries of social policies; calls, therefore, for the relevant budget headings to be increased; |
| --- | --- |

22.

Recalls that cuts in public budgets are not gender-neutral but are, rather, the result of the Union's macrostructural economic policies, in particular the implementation of the measures contained in ‘economic governance’ and financial adjustment programmes which are causing and will continue to cause increasing gender inequalities, female unemployment and the feminisation of poverty; believes that a change in policy is therefore required, since women are in the majority in public-sector employment and are the principal beneficiaries of social policies; calls, therefore, for the relevant budget headings to be increased;

| 23. | Calls on the Member States and the Union institutions to undertake gender impact assessment when planning austerity measures, so as to ensure that their effects are as gender-neutral as possible; |
| --- | --- |

23.

Calls on the Member States and the Union institutions to undertake gender impact assessment when planning austerity measures, so as to ensure that their effects are as gender-neutral as possible;

| 24. | Calls on the Member States to introduce gender budgeting in order to analyse government programmes and policies, their effects on resource allocation and their contribution to equality between women and men; |
| --- | --- |

24.

Calls on the Member States to introduce gender budgeting in order to analyse government programmes and policies, their effects on resource allocation and their contribution to equality between women and men;

| 25. | Stresses that women face a greater risk than men of slower career development as a result of accepting starting positions at lower levels or working part-time, and that women in this situation are, therefore, more vulnerable, have unsatisfactory income levels and suffer more from poverty; |
| --- | --- |

25.

Stresses that women face a greater risk than men of slower career development as a result of accepting starting positions at lower levels or working part-time, and that women in this situation are, therefore, more vulnerable, have unsatisfactory income levels and suffer more from poverty;

| 26. | Calls on the Member States and regional and local authorities to ensure the proper provision of affordable, accessible and high-quality care services for children and other dependents, and that these are compatible with the full-time working schedules of men and women; |
| --- | --- |

26.

Calls on the Member States and regional and local authorities to ensure the proper provision of affordable, accessible and high-quality care services for children and other dependents, and that these are compatible with the full-time working schedules of men and women;

| 27. | Stresses the importance of immediate action to implement ‘return-to-work’ policies and business sector insertion schemes for these public-sector employees, the majority of whom are women, whose jobs are under threat from cuts in the public-sector budget; |
| --- | --- |

27.

Stresses the importance of immediate action to implement ‘return-to-work’ policies and business sector insertion schemes for these public-sector employees, the majority of whom are women, whose jobs are under threat from cuts in the public-sector budget;

| 28. | Calls on the Commission and the Member States to mainstream the global approach to gender equality in all employment policies, to take the measures needed to assist women in their return to work, not only at lower-level posts but also at management level, and to incorporate this approach in the Union’s employment guidelines; insists on the need for proper gender budgeting, especially in the context of the Multiannual Financial Framework for 2014-2020, in order to reach the objectives set in the Gender Equality Pact as well as in the 2020 Strategy; |
| --- | --- |

28.

Calls on the Commission and the Member States to mainstream the global approach to gender equality in all employment policies, to take the measures needed to assist women in their return to work, not only at lower-level posts but also at management level, and to incorporate this approach in the Union’s employment guidelines; insists on the need for proper gender budgeting, especially in the context of the Multiannual Financial Framework for 2014-2020, in order to reach the objectives set in the Gender Equality Pact as well as in the 2020 Strategy;

| 29. | Regrets the failure to include increasing the labour market participation of women in the Annual Growth Survey 2013 despite the fact that this is one of the EU 2020 headline targets; calls on the Council to add promoting female labour market participation as a priority when adopting this year's economic policy guidance in the framework of the European Semester; |
| --- | --- |

29.

Regrets the failure to include increasing the labour market participation of women in the Annual Growth Survey 2013 despite the fact that this is one of the EU 2020 headline targets; calls on the Council to add promoting female labour market participation as a priority when adopting this year's economic policy guidance in the framework of the European Semester;

| 30. | Calls on the Member States to include and systematically address the issue of gender equality in all future national reform programmes; |
| --- | --- |

30.

Calls on the Member States to include and systematically address the issue of gender equality in all future national reform programmes;

| 31. | Calls on the Member States to promote an active labour market policy, a strong social dialogue, job standards and social protection in order to safeguard the rights of women, including migrant women, fight against forced labour and combat undeclared work; |
| --- | --- |

31.

Calls on the Member States to promote an active labour market policy, a strong social dialogue, job standards and social protection in order to safeguard the rights of women, including migrant women, fight against forced labour and combat undeclared work;

| 32. | Calls on the Member States to take measures to encourage mothers to enter the labour market, for instance through teleworking, vocational training or reskilling policies, with a view to promoting an ‘assisted’ return to work after maternity leave; |
| --- | --- |

32.

Calls on the Member States to take measures to encourage mothers to enter the labour market, for instance through teleworking, vocational training or reskilling policies, with a view to promoting an ‘assisted’ return to work after maternity leave;

| 33. | Welcomes the proposal for a directive on a better gender balance among non executive directors of companies listed on stock exchange enabling women to enter higher-skilled and better-paid jobs, and calls on the Member States to support and prepare for its implementation; calls for similar binding legislation to be adopted by other employers, including European, national, regional and local public institutions, administrations and bodies, since these should set the example as regards gender equality in decision-making; |
| --- | --- |

33.

Welcomes the proposal for a directive on a better gender balance among non executive directors of companies listed on stock exchange enabling women to enter higher-skilled and better-paid jobs, and calls on the Member States to support and prepare for its implementation; calls for similar binding legislation to be adopted by other employers, including European, national, regional and local public institutions, administrations and bodies, since these should set the example as regards gender equality in decision-making;

| 34. | Calls on the Commission and the Member States to develop a strategy for promoting gender balance for small and medium-sized enterprises not covered by the above directive; condemns the fact that women are under-represented on the governing boards of financial institutions and are hence virtually excluded from the decision-making process in the financial field; calls on the Council, the Commission and the Member States to improve women’s participation at all levels of decision-making, especially in the areas of budgeting and of governance arrangements for European financial systems, including in the European Central Bank; stresses, in this context, the need to promote financial literacy for girls and women; |
| --- | --- |

34.

Calls on the Commission and the Member States to develop a strategy for promoting gender balance for small and medium-sized enterprises not covered by the above directive; condemns the fact that women are under-represented on the governing boards of financial institutions and are hence virtually excluded from the decision-making process in the financial field; calls on the Council, the Commission and the Member States to improve women’s participation at all levels of decision-making, especially in the areas of budgeting and of governance arrangements for European financial systems, including in the European Central Bank; stresses, in this context, the need to promote financial literacy for girls and women;

| 35. | Calls on the Member States to introduce policies for extensive training for employees of those sectors that are more affected by the negative consequences of the crisis or of globalisation in order to prepare them for job changes and new jobs, bearing in mind the specific place of women and the fact that women are more frequently than men forced to interrupt their careers to look after children or older or sick family members, which has an impact on their career paths; calls for training plans to be implemented systematically in businesses in order to prepare employee retraining, propose individual job transfers, and offer training suitable for jobseekers and low-skilled workers; calls also for the creation of a complete register of labour shortages, broken down per sector, in order to allow women to prepare and search for jobs in a targeted manner; |
| --- | --- |

35.

Calls on the Member States to introduce policies for extensive training for employees of those sectors that are more affected by the negative consequences of the crisis or of globalisation in order to prepare them for job changes and new jobs, bearing in mind the specific place of women and the fact that women are more frequently than men forced to interrupt their careers to look after children or older or sick family members, which has an impact on their career paths; calls for training plans to be implemented systematically in businesses in order to prepare employee retraining, propose individual job transfers, and offer training suitable for jobseekers and low-skilled workers; calls also for the creation of a complete register of labour shortages, broken down per sector, in order to allow women to prepare and search for jobs in a targeted manner;

| 36. | Calls on the Member States to review their social protection systems with a view to individualising pension rights and rights under social security schemes in order to eliminate the ‘breadwinner advantage’, thus guaranteeing equal pension rights; |
| --- | --- |

36.

Calls on the Member States to review their social protection systems with a view to individualising pension rights and rights under social security schemes in order to eliminate the ‘breadwinner advantage’, thus guaranteeing equal pension rights;

| 37. | Underlines that the expenditure cuts in the care sector de facto redistribute work on to the shoulders of women and undermine gender equality; and calls on all Member States to develop plans for the provision of care services that can generate social justice and gender equality; |
| --- | --- |

37.

Underlines that the expenditure cuts in the care sector de facto redistribute work on to the shoulders of women and undermine gender equality; and calls on all Member States to develop plans for the provision of care services that can generate social justice and gender equality;

| 38. | Calls on the Commission and the Member States to promote vocational training policies and programmes for women of all age groups, paying particular attention to the urgent need for lifelong learning programmes and the need to acquire new skills in new technologies and in the IT sector, in order to improve women’s access to and increase their participation in the various business sectors, including the economic and financial sectors where women employees are few, also envisaging specific support measures so that women are able to combine workload, training and family life; recalls the important role played by the European Social Fund in assisting entry into employment through training policies, and suggests that Member States and local authorities promote recourse to this fund for the benefit, especially, of women who are more affected by the economic crisis; |
| --- | --- |

38.

Calls on the Commission and the Member States to promote vocational training policies and programmes for women of all age groups, paying particular attention to the urgent need for lifelong learning programmes and the need to acquire new skills in new technologies and in the IT sector, in order to improve women’s access to and increase their participation in the various business sectors, including the economic and financial sectors where women employees are few, also envisaging specific support measures so that women are able to combine workload, training and family life; recalls the important role played by the European Social Fund in assisting entry into employment through training policies, and suggests that Member States and local authorities promote recourse to this fund for the benefit, especially, of women who are more affected by the economic crisis;

| 39. | Underlines the importance of investing in women and gender equality; |
| --- | --- |

39.

Underlines the importance of investing in women and gender equality;

| 40. | Calls on the Member States to promote the active inclusion or reintegration of women in the labour market and to encourage their employment in strategic development sectors, by adopting specific measures relating to flexible working hours, equal pay, and reform of taxation and pension schemes, as well as measures for lifelong learning aimed at ensuring the skills and qualifications that are needed in the light of the EU 2020 targets; stresses the importance of high-level training to encourage women to enter sectors where they are underrepresented, for example scientific research and technological development, especially now that Europe needs more researchers to foster innovation and strengthen its economy; invites the Commission to consider a further adaptation of the Structural Funds so as to ensure additional support for areas of women’s employment likely to be affected by the crisis, as well as support for childcare, training and access to employment; |
| --- | --- |

40.

Calls on the Member States to promote the active inclusion or reintegration of women in the labour market and to encourage their employment in strategic development sectors, by adopting specific measures relating to flexible working hours, equal pay, and reform of taxation and pension schemes, as well as measures for lifelong learning aimed at ensuring the skills and qualifications that are needed in the light of the EU 2020 targets; stresses the importance of high-level training to encourage women to enter sectors where they are underrepresented, for example scientific research and technological development, especially now that Europe needs more researchers to foster innovation and strengthen its economy; invites the Commission to consider a further adaptation of the Structural Funds so as to ensure additional support for areas of women’s employment likely to be affected by the crisis, as well as support for childcare, training and access to employment;

| 41. | Recalls that in a great many Member States it has become more difficult since the start of the crisis for young women (aged between 15 and 24) to find their first full-time job, and that many of these young women are now prolonging their studies as a solution to this problem; observes that, despite this trend and the fact that better training gives women better protection on the whole, their status is not enhanced by their qualifications as much as would be the case for a man; calls on the Member States to focus on strategies that combine education and training policies with targeted employment policies for young women; |
| --- | --- |

41.

Recalls that in a great many Member States it has become more difficult since the start of the crisis for young women (aged between 15 and 24) to find their first full-time job, and that many of these young women are now prolonging their studies as a solution to this problem; observes that, despite this trend and the fact that better training gives women better protection on the whole, their status is not enhanced by their qualifications as much as would be the case for a man; calls on the Member States to focus on strategies that combine education and training policies with targeted employment policies for young women;

| 42. | Calls on the Member States to ensure that secondary school curricula include a basic grounding in finance and entrepreneurship; |
| --- | --- |

42.

Calls on the Member States to ensure that secondary school curricula include a basic grounding in finance and entrepreneurship;

| 43. | Calls on the Commission and the Member States to calculate the impact of the new pension systems on the different categories of women, focusing in particular on part-time and atypical contracts, and to adjust social welfare systems, especially where the younger generations are concerned; |
| --- | --- |

43.

Calls on the Commission and the Member States to calculate the impact of the new pension systems on the different categories of women, focusing in particular on part-time and atypical contracts, and to adjust social welfare systems, especially where the younger generations are concerned;

| 44. | Calls on the Member States to promote women's economic empowerment focusing on female entrepreneurship, by encouraging and supporting women, especially young women and immigrants, who set up companies, by facilitating women’s access to finance, inter alia via microcredits, technical assistance and back-up measures, by promoting new financial and support tools and encouraging the development of female entrepreneurship and sponsorship networks and exchanges of best practice between Member States and economic operators; stresses that investment in women and gender equality is of great importance in order to ensure economic stability and prevent economic shocks; |
| --- | --- |

44.

Calls on the Member States to promote women's economic empowerment focusing on female entrepreneurship, by encouraging and supporting women, especially young women and immigrants, who set up companies, by facilitating women’s access to finance, inter alia via microcredits, technical assistance and back-up measures, by promoting new financial and support tools and encouraging the development of female entrepreneurship and sponsorship networks and exchanges of best practice between Member States and economic operators; stresses that investment in women and gender equality is of great importance in order to ensure economic stability and prevent economic shocks;

| 45. | Calls on the Member States to improve women's participation at all levels of decision-making; |
| --- | --- |

45.

Calls on the Member States to improve women's participation at all levels of decision-making;

| 46. | Calls on European Commission and the Member States to improve the promotion of women's entrepreneurship, including financial support for female entrepreneurs; |
| --- | --- |

46.

Calls on European Commission and the Member States to improve the promotion of women's entrepreneurship, including financial support for female entrepreneurs;

| 47. | Calls on the Member States to promote female entrepreneurship in the green economy, which is a source of new jobs; notes that renewable energy can create new job opportunities for female entrepreneurs in remote and outlying areas of the EU where female unemployment is particularly high and there is great potential for exploiting alternative forms of energy such as wind or solar power; |
| --- | --- |

47.

Calls on the Member States to promote female entrepreneurship in the green economy, which is a source of new jobs; notes that renewable energy can create new job opportunities for female entrepreneurs in remote and outlying areas of the EU where female unemployment is particularly high and there is great potential for exploiting alternative forms of energy such as wind or solar power;

| 48. | Underlines the importance of active labour market policies, labour inspections and social dialogue, as well as skills upgrading, for the promotion of the greening of the economy; |
| --- | --- |

48.

Underlines the importance of active labour market policies, labour inspections and social dialogue, as well as skills upgrading, for the promotion of the greening of the economy;

| 49. | Calls on the Member States to support job creation in the social economy, which is dominated by unpaid work carried out by women, and, especially, to seek out and implement new solutions that raise the profile of non-clandestine informal work; |
| --- | --- |

49.

Calls on the Member States to support job creation in the social economy, which is dominated by unpaid work carried out by women, and, especially, to seek out and implement new solutions that raise the profile of non-clandestine informal work;

| 50. | Calls on the Member States to support the caregiving and health sector with the aim of creating conditions for achieving the EU 2020 strategy targets for women’s employment; |
| --- | --- |

50.

Calls on the Member States to support the caregiving and health sector with the aim of creating conditions for achieving the EU 2020 strategy targets for women’s employment;

| 51. | Calls on the Member States to monitor and address the impact of cutbacks in public care and health services that lead to the reprivatisation of care, in order not to aggravate the care burden on women, since this would drag them back into a traditional family role; underlines that economies made in the areas of maternity, paternity and parental leave, child benefit, and other care- and family-related benefits have significantly reduced the income of all women with care responsibilities; |
| --- | --- |

51.

Calls on the Member States to monitor and address the impact of cutbacks in public care and health services that lead to the reprivatisation of care, in order not to aggravate the care burden on women, since this would drag them back into a traditional family role; underlines that economies made in the areas of maternity, paternity and parental leave, child benefit, and other care- and family-related benefits have significantly reduced the income of all women with care responsibilities;

| 52. | Recalls that stereotypes persist with regard to perceptions of women’s and men’s places in the labour market, and that women seek to reconcile their work obligations with their family life and are thus more vulnerable to employment changes than men; |
| --- | --- |

52.

Recalls that stereotypes persist with regard to perceptions of women’s and men’s places in the labour market, and that women seek to reconcile their work obligations with their family life and are thus more vulnerable to employment changes than men;

| 53. | Urges the introduction of public transport policies, and, in particular, the development and improvement of public transport services, on a basis that takes account of gender equality, thus enabling women to be more active in the labour market and in searching for work by making them truly mobile; |
| --- | --- |

53.

Urges the introduction of public transport policies, and, in particular, the development and improvement of public transport services, on a basis that takes account of gender equality, thus enabling women to be more active in the labour market and in searching for work by making them truly mobile;

| 54. | Is concerned at the situation of women who live in rural areas where access to a range of services has deteriorated; calls on the Member States to ensure that rural areas are provided with functioning public transport and medical and other essential services, in order to reduce migration to the cities and avoid marginalising peripheral areas; |
| --- | --- |

54.

Is concerned at the situation of women who live in rural areas where access to a range of services has deteriorated; calls on the Member States to ensure that rural areas are provided with functioning public transport and medical and other essential services, in order to reduce migration to the cities and avoid marginalising peripheral areas;

| 55. | Stresses the importance of effective action making it possible to combine work, private and family life, which will have the positive effect of increasing the participation of women from all sections of society in social and political life; |
| --- | --- |

55.

Stresses the importance of effective action making it possible to combine work, private and family life, which will have the positive effect of increasing the participation of women from all sections of society in social and political life;

| 56. | Emphasises that the EU programme ‘Erasmus for Young Entrepreneurs’ should specifically support women’s participation, so that they can acquire an equal degree of confidence and knowledge of businesses in the single market and the necessary skills for running and developing a business; |
| --- | --- |

56.

Emphasises that the EU programme ‘Erasmus for Young Entrepreneurs’ should specifically support women’s participation, so that they can acquire an equal degree of confidence and knowledge of businesses in the single market and the necessary skills for running and developing a business;

| 57. | Stresses that cutbacks in public services providing childcare have a direct impact on the economic independence of women and on the work-life balance; calls on the Commission and Council to adopt an action plan to achieve the targets set in Barcelona for better childcare provision, via the development of company and inter-company creches; stresses the importance of collective bargaining between management and labour in order to improve the work-life balance at sectoral, national and regional levels and of relaxing the access and attendance conditions for childcare systems associated with categories of jobs performed by women, while also setting a minimum period of three month's notice for childcare placements so as to enable women to reconcile their family and working lives; |
| --- | --- |

57.

Stresses that cutbacks in public services providing childcare have a direct impact on the economic independence of women and on the work-life balance; calls on the Commission and Council to adopt an action plan to achieve the targets set in Barcelona for better childcare provision, via the development of company and inter-company creches; stresses the importance of collective bargaining between management and labour in order to improve the work-life balance at sectoral, national and regional levels and of relaxing the access and attendance conditions for childcare systems associated with categories of jobs performed by women, while also setting a minimum period of three month's notice for childcare placements so as to enable women to reconcile their family and working lives;

| 58. | Calls for the promotion of adequate maternity, paternity and parental leave arrangements, for support for initiatives by companies to provide flexibility in working hours and in-house childcare services, and the allocation of increased resources to education, lifelong learning programmes and professional qualification and requalification programmes, as well as the introduction of adequate support for family carers, including provision of respite care; |
| --- | --- |

58.

Calls for the promotion of adequate maternity, paternity and parental leave arrangements, for support for initiatives by companies to provide flexibility in working hours and in-house childcare services, and the allocation of increased resources to education, lifelong learning programmes and professional qualification and requalification programmes, as well as the introduction of adequate support for family carers, including provision of respite care;

| 59. | Underlines the need to invest in affordable quality services, such as full-time childcare, all-day school places and care for the elderly — that help promote gender equality, foster a better work-life balance and create a framework favourable to entering or re-entering the labour market; |
| --- | --- |

59.

Underlines the need to invest in affordable quality services, such as full-time childcare, all-day school places and care for the elderly — that help promote gender equality, foster a better work-life balance and create a framework favourable to entering or re-entering the labour market;

| 60. | Maintains that it is essential to set up new childcare facilities while also giving a professional character to informal care systems, by laying down quality standards, improving pay terms, and providing training for operators; also considers it necessary to allow for the specific needs of parents working atypical hours and single parents; |
| --- | --- |

60.

Maintains that it is essential to set up new childcare facilities while also giving a professional character to informal care systems, by laying down quality standards, improving pay terms, and providing training for operators; also considers it necessary to allow for the specific needs of parents working atypical hours and single parents;

| 61. | Stresses the need to enhance the responsibility of governments and employers in relation to generational renewal and maternity and paternity rights, which means that women must have the right to be both mothers and workers without forfeiting labour rights; |
| --- | --- |

61.

Stresses the need to enhance the responsibility of governments and employers in relation to generational renewal and maternity and paternity rights, which means that women must have the right to be both mothers and workers without forfeiting labour rights;

| 62. | Underlines the need to reduce the effects of the economic and financial crisis on families (with particular reference to divorce, single mothers and situations where children are left in the care of relatives or authorities), taking into account that women are often expected to take charge of household tasks; stresses that women will as a result be placed at greater risk of poverty; |
| --- | --- |

62.

Underlines the need to reduce the effects of the economic and financial crisis on families (with particular reference to divorce, single mothers and situations where children are left in the care of relatives or authorities), taking into account that women are often expected to take charge of household tasks; stresses that women will as a result be placed at greater risk of poverty;

| 63. | Stresses the fact that the decisions taken by some Member States to cut their budgets for childcare, education and extracurricular activities, school meals, transport subsidies and assistance for those caring for dependents have direct implications for women, who have to take on the majority of the additional tasks entailed; emphasises that this means women often have to move into part-time employment (with the accompanying social disadvantages in terms of lower income and reduced pensions); believes that the public network of day nurseries, crèches and public recreational activities for children needs to be expanded, along with the public support network for the elderly and a public network of community hospitals; |
| --- | --- |

63.

Stresses the fact that the decisions taken by some Member States to cut their budgets for childcare, education and extracurricular activities, school meals, transport subsidies and assistance for those caring for dependents have direct implications for women, who have to take on the majority of the additional tasks entailed; emphasises that this means women often have to move into part-time employment (with the accompanying social disadvantages in terms of lower income and reduced pensions); believes that the public network of day nurseries, crèches and public recreational activities for children needs to be expanded, along with the public support network for the elderly and a public network of community hospitals;

| 64. | Calls on the Commission and Member States to address the particular needs of Roma women and girls by applying a gender perspective in all policies for Roma inclusion, and to provide protection for especially vulnerable subgroups; |
| --- | --- |

64.

Calls on the Commission and Member States to address the particular needs of Roma women and girls by applying a gender perspective in all policies for Roma inclusion, and to provide protection for especially vulnerable subgroups;

| 65. | Stresses that cutbacks in public services providing childcare have a direct impact on the economic independence of women; points out that in 2010 28,3 % of women's inactivity and part-time work was explained by the lack of care services, as against 27,9 % in 2009, and that in 2010 the employment rate of women with small children in the EU was 12,7 % lower than that of women without children, a gap greater than the 11,5 % registered in 2008; |
| --- | --- |

65.

Stresses that cutbacks in public services providing childcare have a direct impact on the economic independence of women; points out that in 2010 28,3 % of women's inactivity and part-time work was explained by the lack of care services, as against 27,9 % in 2009, and that in 2010 the employment rate of women with small children in the EU was 12,7 % lower than that of women without children, a gap greater than the 11,5 % registered in 2008;

| 66. | Calls on the Member States to invest in the care sector as a potential growth sector for both women and men, in order to break with the traditional assignment of the role of carer to women, which leads to gender segregation in the labour market; emphasises that cuts in the care sector lead to a shift from public care to unpaid care within households; stresses the need for proper contracts and social protection for home-based personal care workers; |
| --- | --- |

66.

Calls on the Member States to invest in the care sector as a potential growth sector for both women and men, in order to break with the traditional assignment of the role of carer to women, which leads to gender segregation in the labour market; emphasises that cuts in the care sector lead to a shift from public care to unpaid care within households; stresses the need for proper contracts and social protection for home-based personal care workers;

| 67. | Pending EU-wide harmonisation of maternity, paternity and parental leave, calls on the Member States to maintain the relevant allowances and other family allowances at their existing levels, in order not to reduce women’s income, and also to ensure that women’s maternity leave rights are not infringed; |
| --- | --- |

67.

Pending EU-wide harmonisation of maternity, paternity and parental leave, calls on the Member States to maintain the relevant allowances and other family allowances at their existing levels, in order not to reduce women’s income, and also to ensure that women’s maternity leave rights are not infringed;

| 68. | Calls on the Commission and the Member States to carefully monitor the increasing frequency of discrimination against pregnant women on the labour market which has been reported in several Member States; |
| --- | --- |

68.

Calls on the Commission and the Member States to carefully monitor the increasing frequency of discrimination against pregnant women on the labour market which has been reported in several Member States;

| 69. | Considers that female poverty is being caused not only by the current economic crisis but also by a variety of factors, including stereotypes, the pay and pension gap between men and women, insufficient redistribution mechanisms in the welfare system, an unsatisfactory work-life balance, women's longer life expectancy and, in general, all forms of gender-based discrimination which primarily affect women; stresses that the crisis is exacerbating this situation of continual inequality; highlights the need to combat stereotypes in all walks of life and at all stages of life, since these are one of the most persistent causes of inequality between men and women, impacting on their choices in education and employment and the distribution of domestic and family responsibilities, as well as on the pay gap, participation in public life and representation in decision-making positions;. |
| --- | --- |

69.

Considers that female poverty is being caused not only by the current economic crisis but also by a variety of factors, including stereotypes, the pay and pension gap between men and women, insufficient redistribution mechanisms in the welfare system, an unsatisfactory work-life balance, women's longer life expectancy and, in general, all forms of gender-based discrimination which primarily affect women; stresses that the crisis is exacerbating this situation of continual inequality; highlights the need to combat stereotypes in all walks of life and at all stages of life, since these are one of the most persistent causes of inequality between men and women, impacting on their choices in education and employment and the distribution of domestic and family responsibilities, as well as on the pay gap, participation in public life and representation in decision-making positions;.

| 70. | Calls on the Commission to undertake a review of Directive 2006/54/EC, especially with reference to the gender pay gap, as called for by Parliament in its resolution of 24 May 2012, which included recommendations to the Commission concerning application of the principle of equal pay for male and female workers for equal work or work of equal value; |
| --- | --- |

70.

Calls on the Commission to undertake a review of Directive 2006/54/EC, especially with reference to the gender pay gap, as called for by Parliament in its resolution of 24 May 2012, which included recommendations to the Commission concerning application of the principle of equal pay for male and female workers for equal work or work of equal value;

| 71. | Invites the Member States and the Commission to propose solutions that help women continue with their careers, and that combat, in particular, the wage inequalities arising from periods of maternity leave; |
| --- | --- |

71.

Invites the Member States and the Commission to propose solutions that help women continue with their careers, and that combat, in particular, the wage inequalities arising from periods of maternity leave;

| 72. | Draws the Member States’ attention to the need for income-enhancing measures, including the development of minimum income schemes and social assistance programmes for persons having difficulty in meeting their basic needs, in particular those with children or care responsibilities and especially single parents; |
| --- | --- |

72.

Draws the Member States’ attention to the need for income-enhancing measures, including the development of minimum income schemes and social assistance programmes for persons having difficulty in meeting their basic needs, in particular those with children or care responsibilities and especially single parents;

| 73. | Observes that the economic crisis contributes to harassment, abuse and violence of all kinds directed against women, and in particular to an increase of prostitution; stresses that women remain victims of the most widespread breaches of human rights worldwide, in every culture and at all social and economic levels; also stresses the need to increase the public, financial and human resources available for intervention on behalf of groups at risk of poverty, and in situations where children and young people, the elderly, people with disabilities or the homeless are at risk; |
| --- | --- |

73.

Observes that the economic crisis contributes to harassment, abuse and violence of all kinds directed against women, and in particular to an increase of prostitution; stresses that women remain victims of the most widespread breaches of human rights worldwide, in every culture and at all social and economic levels; also stresses the need to increase the public, financial and human resources available for intervention on behalf of groups at risk of poverty, and in situations where children and young people, the elderly, people with disabilities or the homeless are at risk;

| 74. | Calls on the Member States to review and highlight the immediate and long-term impact of the economic crisis on women, paying particular attention to whether and how it worsens existing gender inequalities, as well as to consequences such as increased risk of gender-based violence, declining maternal and child health, and female poverty in old age; |
| --- | --- |

74.

Calls on the Member States to review and highlight the immediate and long-term impact of the economic crisis on women, paying particular attention to whether and how it worsens existing gender inequalities, as well as to consequences such as increased risk of gender-based violence, declining maternal and child health, and female poverty in old age;

| 75. | Stresses that in the current situation of economic crisis and budgetary austerity women have fewer resources to protect themselves and their children from violence, and that thus it is even more important to avert the direct financial impact that violence against women and children has on the judiciary and on health and social services; |
| --- | --- |

75.

Stresses that in the current situation of economic crisis and budgetary austerity women have fewer resources to protect themselves and their children from violence, and that thus it is even more important to avert the direct financial impact that violence against women and children has on the judiciary and on health and social services;

| 76. | Underlines that the institutional framework for gender equality policies, including equality bodies and women's organisations, is being adversely affected by cuts in funding; calls on the Member States to maintain their level of government funding for gender equality bodies and projects, women's shelters and women's organisations, since these provide effective means for finding sustainable solutions to the crisis and ensuring active participation in preparing future recovery measures; notes that cuts in funding for women's organisations undermine women's civic and political participation and make women's voices even less heard in society; |
| --- | --- |

76.

Underlines that the institutional framework for gender equality policies, including equality bodies and women's organisations, is being adversely affected by cuts in funding; calls on the Member States to maintain their level of government funding for gender equality bodies and projects, women's shelters and women's organisations, since these provide effective means for finding sustainable solutions to the crisis and ensuring active participation in preparing future recovery measures; notes that cuts in funding for women's organisations undermine women's civic and political participation and make women's voices even less heard in society;

| 77. | Calls on the European Institute for Gender Equality to undertake the ongoing and systematic monitoring and appraisal of the consequences of the economic crisis for women's working conditions, with reference to discrimination in recruitment, increased workload, pressure and stress at work, and bullying and psychological harassment; stresses that the existing data do not reflect the full harshness of the impact of the crisis harsh on women; also calls on the Commission, therefore, to carry out a gender impact assessment of its economic policy measures and responses to the current crisis; |
| --- | --- |

77.

Calls on the European Institute for Gender Equality to undertake the ongoing and systematic monitoring and appraisal of the consequences of the economic crisis for women's working conditions, with reference to discrimination in recruitment, increased workload, pressure and stress at work, and bullying and psychological harassment; stresses that the existing data do not reflect the full harshness of the impact of the crisis harsh on women; also calls on the Commission, therefore, to carry out a gender impact assessment of its economic policy measures and responses to the current crisis;

| 78. | Calls on the Member States to strongly support gender budgeting, in order to increase gender equality by correcting negative impacts of revenue and expenditure and improving governance and accountability, in particular with respect to national budgets; |
| --- | --- |

78.

Calls on the Member States to strongly support gender budgeting, in order to increase gender equality by correcting negative impacts of revenue and expenditure and improving governance and accountability, in particular with respect to national budgets;

| 79. | Invites the Member States to adopt budgetary instruments that reflect the need for gender equality; |
| --- | --- |

79.

Invites the Member States to adopt budgetary instruments that reflect the need for gender equality;

| 80. | Calls on all Member States to ratify the ILO Convention on Domestic Workers (Convention 189); |
| --- | --- |

80.

Calls on all Member States to ratify the ILO Convention on Domestic Workers (Convention 189);

| 81. | Underlines the importance of ensuring a proper balance between security and flexibility in the labour market, through the comprehensive implementation of flexicurity principles, and of addressing labour market segmentation by providing adequate social protection for those in periods of transition or on temporary or part-time employment contracts, as well as access to training, career development and full-time work opportunities; |
| --- | --- |

81.

Underlines the importance of ensuring a proper balance between security and flexibility in the labour market, through the comprehensive implementation of flexicurity principles, and of addressing labour market segmentation by providing adequate social protection for those in periods of transition or on temporary or part-time employment contracts, as well as access to training, career development and full-time work opportunities;

| 82. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

82.

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

---

(1)  OJ L 376, 27.12.2006, p. 36.

(2)  OJ L 204, 26.7.2006, p. 23.

(3)  OJ L 373, 21.12.2004, p. 37.

(4)  OJ C 212 E, 5.8.2010, p. 23.

(5)  OJ C 308 E, 20.10.2011, p. 49.

(6)  OJ C 236 E, 12.8.2011, p. 79.

(7)  OJ C 70 E, 8.3.2012, p. 1.

(8)  OJ C 199 E, 7.7.2012, p. 65.

(9)  OJ C 199 E, 7.7.2012, p. 77.

(10)  OJ C 33 E, 5.2.2013, p. 134.

(11)  OJ C 51 E, 22.2.2013, p. 56.

(12)  Texts adopted, P7_TA(2011)0458.

(13)  Texts adopted, P7_TA(2012)0069.

(14)  Texts adopted, P7_TA(2012)0225.

(15)  Texts adopted, P7_TA(2012)0321.

(16)  Texts adopted, P7_TA(2012)0322.

(17)  OJ C 199 E, 7.7.2012, p. 112.

(18)  Eurostat, 23 % of EU citizens were at risk of poverty or social exclusion in 2010 — Issue 9/2012.

(19)  OECD, Society at a Glance 2011, OECD Social Indicators, @OECD2011.

(20)  Eurostat: female employment rate, EU-27.

(21)  Eurostat: harmonised unemployment rate for men and women — September 2012, European Union.

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| 29.1.2016 | EN | Official Journal of the European Union | C 36/18 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/18

---

P7_TA(2013)0074

Eliminating gender stereotypes in the EU

European Parliament resolution of 12 March 2013 on eliminating gender stereotypes in the EU (2012/2116(INI))

(2016/C 036/03)

The European Parliament,

| — | having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995 and to Parliament’s resolutions of 18 May 2000 on the follow-up to the Beijing Action Platform (1), of 10 March 2005 on ‘the follow-up to the Fourth World Conference on Women — Platform for Action (Beijing+10) (2) and of 25 February 2010 on the follow-up to the Beijing Action Platform (Beijing + 15) (3), |
| --- | --- |

—

having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995 and to Parliament’s resolutions of 18 May 2000 on the follow-up to the Beijing Action Platform (1), of 10 March 2005 on ‘the follow-up to the Fourth World Conference on Women — Platform for Action (Beijing+10) (2) and of 25 February 2010 on the follow-up to the Beijing Action Platform (Beijing + 15) (3),

| — | having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), |
| --- | --- |

—

having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW),

| — | having regard to Article 2 of the Treaty on European Union, which emphasises values common to the Member States such as pluralism, non-discrimination, tolerance, justice, solidarity, and equality between men and women, |
| --- | --- |

—

having regard to Article 2 of the Treaty on European Union, which emphasises values common to the Member States such as pluralism, non-discrimination, tolerance, justice, solidarity, and equality between men and women,

| — | having regard to Article 19 of the Treaty on the Functioning of the European Union (TFEU), which refers to combating discrimination based on sex, |
| --- | --- |

—

having regard to Article 19 of the Treaty on the Functioning of the European Union (TFEU), which refers to combating discrimination based on sex,

| — | having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (4), and Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (5), |
| --- | --- |

—

having regard to Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) (4), and Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (5),

| — | having regard to Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (6), |
| --- | --- |

—

having regard to Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (6),

| — | having regard to the Council Conclusions of 2 December 1998 establishing that the annual assessment of the implementation of the Beijing Platform for Action will include quantitative and qualitative indicators and benchmarks, |
| --- | --- |

—

having regard to the Council Conclusions of 2 December 1998 establishing that the annual assessment of the implementation of the Beijing Platform for Action will include quantitative and qualitative indicators and benchmarks,

| — | having regard to the common declaration by EU ministers for gender equality made on 4 February 2005 in the context of the 10-year review of the Beijing Platform for Action, in which, inter alia, they reaffirm their strong support for, and commitment to, full and effective implementation of the Beijing Declaration and Platform for Action, |
| --- | --- |

—

having regard to the common declaration by EU ministers for gender equality made on 4 February 2005 in the context of the 10-year review of the Beijing Platform for Action, in which, inter alia, they reaffirm their strong support for, and commitment to, full and effective implementation of the Beijing Declaration and Platform for Action,

| — | having regard to the Council Conclusions of 2 and 3 June 2005 in which Member States and the Commission are invited to strengthen institutional mechanisms for promoting gender equality and to create a framework for assessing the implementation of the Beijing Platform for Action, in order to develop more consistent and systematic monitoring of progress, |
| --- | --- |

—

having regard to the Council Conclusions of 2 and 3 June 2005 in which Member States and the Commission are invited to strengthen institutional mechanisms for promoting gender equality and to create a framework for assessing the implementation of the Beijing Platform for Action, in order to develop more consistent and systematic monitoring of progress,

| — | having regard to the European Pact for Gender Equality (2011-2020), adopted by the European Council in March 2011 (7), |
| --- | --- |

—

having regard to the European Pact for Gender Equality (2011-2020), adopted by the European Council in March 2011 (7),

| — | having regard to the Commission’s ‘Strategy for equality between women and men: 2010-2015’, presented on 21 September 2010, and the accompanying staff working document on actions to implement the strategy (COM(2010)0491, SEC(2010)1080), |
| --- | --- |

—

having regard to the Commission’s ‘Strategy for equality between women and men: 2010-2015’, presented on 21 September 2010, and the accompanying staff working document on actions to implement the strategy (COM(2010)0491, SEC(2010)1080),

| — | having regard to its resolution of 3 September 2008 on how marketing and advertising affect equality between women and men (8), |
| --- | --- |

—

having regard to its resolution of 3 September 2008 on how marketing and advertising affect equality between women and men (8),

| — | having regard to its resolution of 13 March 2012 on equality between women and men in the European Union (9), |
| --- | --- |

—

having regard to its resolution of 13 March 2012 on equality between women and men in the European Union (9),

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Women’s Rights and Gender Equality (A7-0401/2012), |
| --- | --- |

—

having regard to the report of the Committee on Women’s Rights and Gender Equality (A7-0401/2012),

| A. | 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; |
| --- | --- |

A.

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;

| B. | whereas, despite some progress having been made in many Member States, many women continue to carry a disproportionate share of the burden when it comes to raising children and taking care of other dependants; whereas the persistence of stereotypes acts as a barrier to the sharing of family and domestic responsibilities between women and men and hinders the achievement of equality in the labour market; |
| --- | --- |

B.

whereas, despite some progress having been made in many Member States, many women continue to carry a disproportionate share of the burden when it comes to raising children and taking care of other dependants; whereas the persistence of stereotypes acts as a barrier to the sharing of family and domestic responsibilities between women and men and hinders the achievement of equality in the labour market;

| C. | whereas stereotypes still exist at all levels of society and in all age groups, affecting how we perceive each other through oversimplified assumptions based on socially constructed norms, practices and beliefs that are often cultural, and religion-based and -fostered, and which reflect and perpetuate underlying power relations; |
| --- | --- |

C.

whereas stereotypes still exist at all levels of society and in all age groups, affecting how we perceive each other through oversimplified assumptions based on socially constructed norms, practices and beliefs that are often cultural, and religion-based and -fostered, and which reflect and perpetuate underlying power relations;

| D. | whereas all direct and indirect forms of gender discrimination should be eliminated in order to guarantee women the right to equal treatment and change the cultural perception that women are in many ways passive or lesser beings than men; |
| --- | --- |

D.

whereas all direct and indirect forms of gender discrimination should be eliminated in order to guarantee women the right to equal treatment and change the cultural perception that women are in many ways passive or lesser beings than men;

| E. | whereas traditional gender roles and stereotypes continue to have a strong influence on the division of roles between women and men in the home, in the workplace and in society at large, with women depicted as running the house and caring for children while men are depicted as wage-earners and protectors; whereas gender stereotypes tend to perpetuate the status quo of inherited obstacles to achieving gender equality, and to limit women’s range of employment choices and personal development, impeding them from realising their full potential as individuals and economic players, and therefore constitute strong obstacles to the achievement of equality between women and men; |
| --- | --- |

E.

whereas traditional gender roles and stereotypes continue to have a strong influence on the division of roles between women and men in the home, in the workplace and in society at large, with women depicted as running the house and caring for children while men are depicted as wage-earners and protectors; whereas gender stereotypes tend to perpetuate the status quo of inherited obstacles to achieving gender equality, and to limit women’s range of employment choices and personal development, impeding them from realising their full potential as individuals and economic players, and therefore constitute strong obstacles to the achievement of equality between women and men;

| F. | whereas gender roles are shaped and imposed through a variety of social influences, notably the media and education, and are formed during the socialisation phases of childhood and adolescence, therefore influencing people throughout their lives; |
| --- | --- |

F.

whereas gender roles are shaped and imposed through a variety of social influences, notably the media and education, and are formed during the socialisation phases of childhood and adolescence, therefore influencing people throughout their lives;

| G. | whereas women in rural areas suffer from even greater discrimination and gender stereotypes than women in urban areas and the employment rate of women in rural areas is much lower than that of women in cities; |
| --- | --- |

G.

whereas women in rural areas suffer from even greater discrimination and gender stereotypes than women in urban areas and the employment rate of women in rural areas is much lower than that of women in cities;

| H. | whereas gender stereotypes are often combined with other stereotypes, such as stereotypes discriminating on the basis of age, migration status, sexual orientation, disability, etc., and therefore affect women with multiple identities to a greater extent; |
| --- | --- |

H.

whereas gender stereotypes are often combined with other stereotypes, such as stereotypes discriminating on the basis of age, migration status, sexual orientation, disability, etc., and therefore affect women with multiple identities to a greater extent;

| I. | whereas violence against women is an infringement of human rights that affects all social, cultural and economic strata; |
| --- | --- |

I.

whereas violence against women is an infringement of human rights that affects all social, cultural and economic strata;

Media and culture

| J. | whereas gender discrimination in the media, communication and advertising is still frequent and facilitates the reproduction of gender stereotypes, especially by portraying women as sex objects in order to promote sales; whereas, for example, in advertising women account for 27 % of the employees or professionals shown, but 60 % of those portrayed doing housework or looking after children; whereas advertising and the media can, nevertheless, also be a powerful catalyst in combating stereotypes and gender-based prejudices; |
| --- | --- |

J.

whereas gender discrimination in the media, communication and advertising is still frequent and facilitates the reproduction of gender stereotypes, especially by portraying women as sex objects in order to promote sales; whereas, for example, in advertising women account for 27 % of the employees or professionals shown, but 60 % of those portrayed doing housework or looking after children; whereas advertising and the media can, nevertheless, also be a powerful catalyst in combating stereotypes and gender-based prejudices;

| K. | whereas children are confronted with gender stereotypes at a very young age through role models promoted by television series and programmes, discussions, games, video games and advertisements, study materials and educational programmes, attitudes in schools, the family and society, which influence their perception of how men and women should behave and which have implications for the rest of their lives and their future aspirations; |
| --- | --- |

K.

whereas children are confronted with gender stereotypes at a very young age through role models promoted by television series and programmes, discussions, games, video games and advertisements, study materials and educational programmes, attitudes in schools, the family and society, which influence their perception of how men and women should behave and which have implications for the rest of their lives and their future aspirations;

| L. | whereas the way in which girls are portrayed in the public space reduces the esteem in which society holds them and promotes violence against girls; whereas, while the media can play a positive educational role, girl child stereotypes are widespread in the media and often tend to reinforce traditional attitudes and behaviour, including in advertisements and children’s programmes; |
| --- | --- |

L.

whereas the way in which girls are portrayed in the public space reduces the esteem in which society holds them and promotes violence against girls; whereas, while the media can play a positive educational role, girl child stereotypes are widespread in the media and often tend to reinforce traditional attitudes and behaviour, including in advertisements and children’s programmes;

| M. | whereas in television programmes, computer games and musical video clips there is an increasingly noticeable tendency, partly for commercial purposes, to show provocatively dressed women, in sexual poses, thereby further contributing to gender stereotyping; whereas the lyrics of songs for young people contain sexually suggestive content, which often promotes violence against women and girls; |
| --- | --- |

M.

whereas in television programmes, computer games and musical video clips there is an increasingly noticeable tendency, partly for commercial purposes, to show provocatively dressed women, in sexual poses, thereby further contributing to gender stereotyping; whereas the lyrics of songs for young people contain sexually suggestive content, which often promotes violence against women and girls;

| N. | whereas young women and men are most affected by pornography’s new cultural status; whereas the ‘mainstreaming of pornography’, i.e. the current cultural process whereby pornography is slipping into our everyday lives as an evermore universally accepted, often idealised, cultural element, manifests itself particularly clearly within youth culture: from teenage television and lifestyle magazines to music videos and commercials targeted at the young; |
| --- | --- |

N.

whereas young women and men are most affected by pornography’s new cultural status; whereas the ‘mainstreaming of pornography’, i.e. the current cultural process whereby pornography is slipping into our everyday lives as an evermore universally accepted, often idealised, cultural element, manifests itself particularly clearly within youth culture: from teenage television and lifestyle magazines to music videos and commercials targeted at the young;

Education and training

| O. | whereas access to formal primary, secondary and third-level education and the content of the curriculum as taught to girls and boys is a major influencing factor on gender differences and, correspondingly, on choices and access to rights; whereas, while both girls’ and boys’ access to education may generally appear to be less problematic in the EU than in other parts of the world, it should nevertheless be pointed out that girls and boys are not equal in accessing and fully availing themselves of education systems and opportunities; whereas, in particular, access for girls from minority groups, such as girls from the Roma community, migrant girls, asylum seekers, refugees and girls with disabilities, remains highly problematic in some countries; |
| --- | --- |

O.

whereas access to formal primary, secondary and third-level education and the content of the curriculum as taught to girls and boys is a major influencing factor on gender differences and, correspondingly, on choices and access to rights; whereas, while both girls’ and boys’ access to education may generally appear to be less problematic in the EU than in other parts of the world, it should nevertheless be pointed out that girls and boys are not equal in accessing and fully availing themselves of education systems and opportunities; whereas, in particular, access for girls from minority groups, such as girls from the Roma community, migrant girls, asylum seekers, refugees and girls with disabilities, remains highly problematic in some countries;

| P. | whereas the notion of equality can be instilled in children at a very young age and an upbringing where equality is acknowledged can teach them to combat gender stereotypes; |
| --- | --- |

P.

whereas the notion of equality can be instilled in children at a very young age and an upbringing where equality is acknowledged can teach them to combat gender stereotypes;

| Q. | whereas the stereotypes which still exist with regard to the educational and professional options available to women help to preserve inequalities; whereas education and training continue to transmit gender stereotypes, as women and men often follow traditional education and training paths, and this has serious repercussions on the labour market, limiting career diversification and often placing women in occupations that are less valued and remunerated; |
| --- | --- |

Q.

whereas the stereotypes which still exist with regard to the educational and professional options available to women help to preserve inequalities; whereas education and training continue to transmit gender stereotypes, as women and men often follow traditional education and training paths, and this has serious repercussions on the labour market, limiting career diversification and often placing women in occupations that are less valued and remunerated;

| R. | whereas in the education process boys and girls are still not encouraged to take an equal interest in all subjects, in particular as regards scientific and technical subjects; |
| --- | --- |

R.

whereas in the education process boys and girls are still not encouraged to take an equal interest in all subjects, in particular as regards scientific and technical subjects;

| S. | whereas, although many European countries do include a gender dimension in their career guidance, this is normally aimed at girls to encourage them to choose careers in technology or science, and there are no initiatives to encourage boys to consider careers in education, health or the humanities; |
| --- | --- |

S.

whereas, although many European countries do include a gender dimension in their career guidance, this is normally aimed at girls to encourage them to choose careers in technology or science, and there are no initiatives to encourage boys to consider careers in education, health or the humanities;

Labour market

| T. | whereas the impact of gender stereotypes on education and training has strong implications for the labour market, where women still face both horizontal and vertical segregation, and whereas this contributes to certain sectors still being considered ‘male’ (with more than 85 % men) and their pay levels consequently being higher than those of sectors considered ‘female’ (with more than 70 % women); whereas, moreover, there are generally more women employed in lower socio-economic status jobs and this also undermines their confidence and self-esteem; |
| --- | --- |

T.

whereas the impact of gender stereotypes on education and training has strong implications for the labour market, where women still face both horizontal and vertical segregation, and whereas this contributes to certain sectors still being considered ‘male’ (with more than 85 % men) and their pay levels consequently being higher than those of sectors considered ‘female’ (with more than 70 % women); whereas, moreover, there are generally more women employed in lower socio-economic status jobs and this also undermines their confidence and self-esteem;

| U. | whereas gender stereotypes on the labour market still limit women’s access to certain sectors, such as engineering, fire-fighting, manufacturing, construction, carpentry, mechanics, the technical and scientific sectors and new technologies, but also limit men’s access to childcare sectors (midwives, nursery nurses, etc.); |
| --- | --- |

U.

whereas gender stereotypes on the labour market still limit women’s access to certain sectors, such as engineering, fire-fighting, manufacturing, construction, carpentry, mechanics, the technical and scientific sectors and new technologies, but also limit men’s access to childcare sectors (midwives, nursery nurses, etc.);

| V. | whereas a better knowledge of the jobs on the labour market would help improve access to all professional training courses; |
| --- | --- |

V.

whereas a better knowledge of the jobs on the labour market would help improve access to all professional training courses;

| W. | whereas gender stereotyping is counterproductive and contributes on the labour market to gender divisions within occupations, and thus to widening the gender pay gap; |
| --- | --- |

W.

whereas gender stereotyping is counterproductive and contributes on the labour market to gender divisions within occupations, and thus to widening the gender pay gap;

| X. | whereas in 2010 women still earned an average of approximately 16,4 % less than men for the same jobs in the EU, and whereas the pay gap varies within Member States, exceeding an average of 22 % in some of them in 2011; whereas, although there are many complex reasons for this salary gap, it is often the result of gender stereotypes and women being seen solely in terms of the traditional role distribution; |
| --- | --- |

X.

whereas in 2010 women still earned an average of approximately 16,4 % less than men for the same jobs in the EU, and whereas the pay gap varies within Member States, exceeding an average of 22 % in some of them in 2011; whereas, although there are many complex reasons for this salary gap, it is often the result of gender stereotypes and women being seen solely in terms of the traditional role distribution;

| Y. | whereas, with reference to the reconciling of work and private life, women are in general disproportionately represented in ‘flexible jobs’ and part-time jobs, which suggests that the traditional belief that women carry the main responsibility for taking care of the family still persists today, forcing them to take part-time jobs with flexible hours or on a short-term basis, and limiting their opportunities on the labour market and for promotion; |
| --- | --- |

Y.

whereas, with reference to the reconciling of work and private life, women are in general disproportionately represented in ‘flexible jobs’ and part-time jobs, which suggests that the traditional belief that women carry the main responsibility for taking care of the family still persists today, forcing them to take part-time jobs with flexible hours or on a short-term basis, and limiting their opportunities on the labour market and for promotion;

| Z. | whereas breaks in women’s careers, for maternity or parental leave, widen the pay and pensions gap between men and women; |
| --- | --- |

Z.

whereas breaks in women’s careers, for maternity or parental leave, widen the pay and pensions gap between men and women;

Economic and political decision-making

| AA. | whereas a 2011 Commission study shows that, in 2012, in the European Union, women represented 14 % of the board members of the largest listed companies, suggesting the existence of a so-called ‘glass ceiling’ that makes it difficult for women to secure top management jobs and equal opportunities for promotion; |
| --- | --- |

AA.

whereas a 2011 Commission study shows that, in 2012, in the European Union, women represented 14 % of the board members of the largest listed companies, suggesting the existence of a so-called ‘glass ceiling’ that makes it difficult for women to secure top management jobs and equal opportunities for promotion;

| AB. | whereas, although there has been some improvement in the past few years, women continue to be under-represented in political decision-making, at local, national and EU level; whereas the representation of women in national governments and parliaments increased from 21 % in 2004 to 23 % in 2009, while the representation of women in the European Parliament increased from 30 % in 2004 to 35 % in 2009; |
| --- | --- |

AB.

whereas, although there has been some improvement in the past few years, women continue to be under-represented in political decision-making, at local, national and EU level; whereas the representation of women in national governments and parliaments increased from 21 % in 2004 to 23 % in 2009, while the representation of women in the European Parliament increased from 30 % in 2004 to 35 % in 2009;

| AC. | whereas gender stereotypes and sexism are still prevalent in both political and economic decision-making bodies, with regular instances of sexist remarks and harassment, including some forms of sexual harassment and violence against women; |
| --- | --- |

AC.

whereas gender stereotypes and sexism are still prevalent in both political and economic decision-making bodies, with regular instances of sexist remarks and harassment, including some forms of sexual harassment and violence against women;

| AD. | whereas gender stereotypes must be eliminated, especially at company level, where most leadership positions are held by men, as they contribute to limiting young women’s aspirations and make women less inclined to apply for top management positions in financial, economic and political decision-making, in both the public and private spheres; |
| --- | --- |

AD.

whereas gender stereotypes must be eliminated, especially at company level, where most leadership positions are held by men, as they contribute to limiting young women’s aspirations and make women less inclined to apply for top management positions in financial, economic and political decision-making, in both the public and private spheres;

EU action

| 1. | Notes that there is a severe lack of progress on honouring the commitments made both by the EU and by various governments as part of the Beijing Platform for Action, and stresses the need for new indicators in the area of gender stereotypes and for analytical reports at EU level, and invites the European Institute for Gender Equality to address this issue; |
| --- | --- |

1.

Notes that there is a severe lack of progress on honouring the commitments made both by the EU and by various governments as part of the Beijing Platform for Action, and stresses the need for new indicators in the area of gender stereotypes and for analytical reports at EU level, and invites the European Institute for Gender Equality to address this issue;

| 2. | Notes that, despite the EU’s commitment to equality between men and women, there is still a gap in legislation providing for non-discrimination against women and gender equality in the areas of social security, education and the media, employment and wages; emphasises the need to step up implementation of existing legislation in these areas and bring in new legislation; calls on the Commission to mainstream the issue of gender equality in all policy fields, as this will enhance the growth potential of the European labour force; |
| --- | --- |

2.

Notes that, despite the EU’s commitment to equality between men and women, there is still a gap in legislation providing for non-discrimination against women and gender equality in the areas of social security, education and the media, employment and wages; emphasises the need to step up implementation of existing legislation in these areas and bring in new legislation; calls on the Commission to mainstream the issue of gender equality in all policy fields, as this will enhance the growth potential of the European labour force;

| 3. | Calls on the Commission and the Member States to make efficient use of funding from the European Social Fund (ESF) for long-term strategies in order to make those labour-market sectors where women are under-represented because of gender stereotypes more familiar and attractive to them; considers that the strategies should include positive action, life-long learning and active encouragement for girls to undertake studies in areas which are not traditionally seen as ‘feminine’, such as information technology or mechanics, and to support work-life balance measures for both men and women; |
| --- | --- |

3.

Calls on the Commission and the Member States to make efficient use of funding from the European Social Fund (ESF) for long-term strategies in order to make those labour-market sectors where women are under-represented because of gender stereotypes more familiar and attractive to them; considers that the strategies should include positive action, life-long learning and active encouragement for girls to undertake studies in areas which are not traditionally seen as ‘feminine’, such as information technology or mechanics, and to support work-life balance measures for both men and women;

| 4. | Asks the Commission to support measures by Member States to eliminate stereotypes and promote stereotype-free access for all to education and employment; |
| --- | --- |

4.

Asks the Commission to support measures by Member States to eliminate stereotypes and promote stereotype-free access for all to education and employment;

| 5. | Calls on the Commission and the Member States to give strong and lasting support to the current DAPHNE programme and the forthcoming Rights and Citizenship programme, as a means of combating violence against women, as well as gender stereotypes; |
| --- | --- |

5.

Calls on the Commission and the Member States to give strong and lasting support to the current DAPHNE programme and the forthcoming Rights and Citizenship programme, as a means of combating violence against women, as well as gender stereotypes;

| 6. | Calls on the Commission and the Member States to develop strategies that attack the root causes of discrimination and violence against women, which are entrenched in stereotypes and inequalities between women and men, beginning with the deconstruction of gender stereotypes; |
| --- | --- |

6.

Calls on the Commission and the Member States to develop strategies that attack the root causes of discrimination and violence against women, which are entrenched in stereotypes and inequalities between women and men, beginning with the deconstruction of gender stereotypes;

Media and culture

| 7. | Draws attention to the fact that the inclusion of gender stereotypes in advertising during children’s television programmes, as well as in these programmes, is a particular problem, in view of its potential impact on gender socialisation and, subsequently, children’s views of themselves, their family members and the outside world; stresses the importance of reducing children’s exposure to gender stereotypes, possibly by providing critical media education in schools; |
| --- | --- |

7.

Draws attention to the fact that the inclusion of gender stereotypes in advertising during children’s television programmes, as well as in these programmes, is a particular problem, in view of its potential impact on gender socialisation and, subsequently, children’s views of themselves, their family members and the outside world; stresses the importance of reducing children’s exposure to gender stereotypes, possibly by providing critical media education in schools;

| 8. | Stresses the importance of also including boys in the gender mainstreaming process and therefore urges the teaching of specifically-designed exercises to raise their awareness of stereotypes; |
| --- | --- |

8.

Stresses the importance of also including boys in the gender mainstreaming process and therefore urges the teaching of specifically-designed exercises to raise their awareness of stereotypes;

| 9. | Stresses that advertising often conveys discriminatory and/or undignified messages based on all forms of gender stereotyping, which hinder gender equality strategies; calls on the Commission, the Member States, civil society and advertising self-regulatory bodies to cooperate closely in order to combat such practices, notably by using effective tools which guarantee respect for human dignity and probity in marketing and advertising; |
| --- | --- |

9.

Stresses that advertising often conveys discriminatory and/or undignified messages based on all forms of gender stereotyping, which hinder gender equality strategies; calls on the Commission, the Member States, civil society and advertising self-regulatory bodies to cooperate closely in order to combat such practices, notably by using effective tools which guarantee respect for human dignity and probity in marketing and advertising;

| 10. | Points out also that advertising can be an effective tool in challenging and confronting stereotypes and a lever against racism, sexism and discrimination, essential in today’s multicultural societies; calls on the Commission, the Member States and advertising professionals to strengthen training and education activities as a way to overcome stereotypes, combat discrimination and promote gender equality, especially from a young age; urges the Member States, in particular, to introduce and develop close cooperation with existing schools of marketing, communication and advertising, so as to help provide sound training for the sector’s future workforce; |
| --- | --- |

10.

Points out also that advertising can be an effective tool in challenging and confronting stereotypes and a lever against racism, sexism and discrimination, essential in today’s multicultural societies; calls on the Commission, the Member States and advertising professionals to strengthen training and education activities as a way to overcome stereotypes, combat discrimination and promote gender equality, especially from a young age; urges the Member States, in particular, to introduce and develop close cooperation with existing schools of marketing, communication and advertising, so as to help provide sound training for the sector’s future workforce;

| 11. | Stresses the need to run special courses on gender stereotypes in the media for national advertising standards committees and self-regulatory and regulatory bodies so as to raise awareness of the negative influence of gender-discriminatory images on television, the internet and in marketing and advertising campaigns; |
| --- | --- |

11.

Stresses the need to run special courses on gender stereotypes in the media for national advertising standards committees and self-regulatory and regulatory bodies so as to raise awareness of the negative influence of gender-discriminatory images on television, the internet and in marketing and advertising campaigns;

| 12. | Calls on the EU to develop awareness campaigns on zero-tolerance across the EU for sexist insults or degrading images of women and girls in the media; |
| --- | --- |

12.

Calls on the EU to develop awareness campaigns on zero-tolerance across the EU for sexist insults or degrading images of women and girls in the media;

| 13. | Calls on the EU and its Member States to conduct training and awareness training actions with media professionals on the harmful effects of gender stereotypes and good practices in this area; |
| --- | --- |

13.

Calls on the EU and its Member States to conduct training and awareness training actions with media professionals on the harmful effects of gender stereotypes and good practices in this area;

| 14. | Stresses the importance of promoting the representation of the female image in a way that respects women’s dignity, and of combating persistent gender stereotypes, in particular the prevalence of degrading images, whilst fully respecting freedom of expression and freedom of the press; |
| --- | --- |

14.

Stresses the importance of promoting the representation of the female image in a way that respects women’s dignity, and of combating persistent gender stereotypes, in particular the prevalence of degrading images, whilst fully respecting freedom of expression and freedom of the press;

| 15. | Calls on the EU and its Member States to take concrete action on its resolution of 16 September 1997 on discrimination against women in advertising (10); |
| --- | --- |

15.

Calls on the EU and its Member States to take concrete action on its resolution of 16 September 1997 on discrimination against women in advertising (10);

| 16. | Calls on the Commission to assist Member States in combating the sexualisation of girls not only by compiling the necessary data, promoting good practices and organising information campaigns, but also by providing financial support for measures taken in the Member States, in particular for women’s organisations fighting against sexualisation and violence against women and girls; |
| --- | --- |

16.

Calls on the Commission to assist Member States in combating the sexualisation of girls not only by compiling the necessary data, promoting good practices and organising information campaigns, but also by providing financial support for measures taken in the Member States, in particular for women’s organisations fighting against sexualisation and violence against women and girls;

| 17. | Calls on the Member States to implement positive action measures to ensure that more women have access to management positions in the media, including top management positions; |
| --- | --- |

17.

Calls on the Member States to implement positive action measures to ensure that more women have access to management positions in the media, including top management positions;

| 18. | Calls on the Member States to conduct research and compile comparable data concerning women and the media, including the portrayal of women from specific groups, such as women with disabilities or women belonging to ethnic minorities; |
| --- | --- |

18.

Calls on the Member States to conduct research and compile comparable data concerning women and the media, including the portrayal of women from specific groups, such as women with disabilities or women belonging to ethnic minorities;

Education and training

| 19. | Stresses the need for special career guidance courses in primary and secondary schools and higher education institutions, in order to inform young people about the negative consequences of gender stereotypes and encourage them to study for and embark on careers that have in the past been considered as typically ‘masculine’ or ‘feminine’; asks that support be provided for any action aimed at reducing the prevalence of gender stereotypes among young children; |
| --- | --- |

19.

Stresses the need for special career guidance courses in primary and secondary schools and higher education institutions, in order to inform young people about the negative consequences of gender stereotypes and encourage them to study for and embark on careers that have in the past been considered as typically ‘masculine’ or ‘feminine’; asks that support be provided for any action aimed at reducing the prevalence of gender stereotypes among young children;

| 20. | Stresses the importance of promoting equality between men and women from a very young age in order effectively to combat gender-based stereotypes, discrimination and violence, including through the teaching of the Universal Declaration of Human Rights and the European Charter on Human Rights in schools; |
| --- | --- |

20.

Stresses the importance of promoting equality between men and women from a very young age in order effectively to combat gender-based stereotypes, discrimination and violence, including through the teaching of the Universal Declaration of Human Rights and the European Charter on Human Rights in schools;

| 21. | Emphasises the need for education programmes/curricula focusing on equality between men and women, respect for others, respect amongst young people, respectful sexuality and rejection of all forms of violence, as well as the importance of training teachers in this subject; |
| --- | --- |

21.

Emphasises the need for education programmes/curricula focusing on equality between men and women, respect for others, respect amongst young people, respectful sexuality and rejection of all forms of violence, as well as the importance of training teachers in this subject;

| 22. | Emphasises the need for a gender mainstreaming process in schools and therefore encourages schools to design and implement awareness training exercises and practical exercises designed to promote gender equality in the academic curriculum; |
| --- | --- |

22.

Emphasises the need for a gender mainstreaming process in schools and therefore encourages schools to design and implement awareness training exercises and practical exercises designed to promote gender equality in the academic curriculum;

| 23. | Stresses the need to prepare and introduce training courses for teachers, supervisors, head teachers and all other people involved in children’s education so that they are equipped with all the teaching tools necessary to combat gender-based stereotypes and promote equality between men and women; |
| --- | --- |

23.

Stresses the need to prepare and introduce training courses for teachers, supervisors, head teachers and all other people involved in children’s education so that they are equipped with all the teaching tools necessary to combat gender-based stereotypes and promote equality between men and women;

| 24. | Points out that, although a majority of countries in the EU have gender-equality policies for higher education, almost all the policies and projects are focused on young women; calls, therefore, on the Member States to draw up general national strategies and initiatives combating gender stereotyping in higher education and targeting young men; |
| --- | --- |

24.

Points out that, although a majority of countries in the EU have gender-equality policies for higher education, almost all the policies and projects are focused on young women; calls, therefore, on the Member States to draw up general national strategies and initiatives combating gender stereotyping in higher education and targeting young men;

| 25. | Calls for appropriate preparation of teachers and trainers in both formal and informal education through essential training in the area of equality between women/girls and men/boys and detection of and reaction to various types of abuse connected therewith and sexual violence; |
| --- | --- |

25.

Calls for appropriate preparation of teachers and trainers in both formal and informal education through essential training in the area of equality between women/girls and men/boys and detection of and reaction to various types of abuse connected therewith and sexual violence;

| 26. | Stresses that policies need to be drawn up which focus on deconstructing gender stereotypes from a very young age and on awareness training for teachers and students, and encourage and support career diversification for both young women and men; |
| --- | --- |

26.

Stresses that policies need to be drawn up which focus on deconstructing gender stereotypes from a very young age and on awareness training for teachers and students, and encourage and support career diversification for both young women and men;

| 27. | Calls on the EU and the Member States to pursue active policies to ensure that girls from minority groups and girls from migrant communities have access to education and educational systems; |
| --- | --- |

27.

Calls on the EU and the Member States to pursue active policies to ensure that girls from minority groups and girls from migrant communities have access to education and educational systems;

| 28. | Calls on the Member States to assess the syllabus and content of school textbooks, with a view to a reform leading to the integration of gender issues into all education material as a cross-cutting theme, in terms of both eliminating gender stereotypes and making women‘s contribution and role in history, literature, the arts, etc. more visible, including at the earliest school levels; |
| --- | --- |

28.

Calls on the Member States to assess the syllabus and content of school textbooks, with a view to a reform leading to the integration of gender issues into all education material as a cross-cutting theme, in terms of both eliminating gender stereotypes and making women‘s contribution and role in history, literature, the arts, etc. more visible, including at the earliest school levels;

| 29. | Calls on the EU to promote a European dimension in education, e.g. by ensuring the sharing of good practices on gender equality as an education tool and by developing and gathering gender-sensitive statistics on all aspects of education at national and EU level; |
| --- | --- |

29.

Calls on the EU to promote a European dimension in education, e.g. by ensuring the sharing of good practices on gender equality as an education tool and by developing and gathering gender-sensitive statistics on all aspects of education at national and EU level;

| 30. | Calls on the EU to include quantitative and qualitative gender equality indicators in all evaluation programmes aimed at evaluating the quality of education in European schools; |
| --- | --- |

30.

Calls on the EU to include quantitative and qualitative gender equality indicators in all evaluation programmes aimed at evaluating the quality of education in European schools;

Labour market

| 31. | Draws attention to the growing concern about the negative influence of gender stereotypes on the gender pay gap of 16,4 % and calls on the Commission and the Member States to consider this concern when developing new policies; |
| --- | --- |

31.

Draws attention to the growing concern about the negative influence of gender stereotypes on the gender pay gap of 16,4 % and calls on the Commission and the Member States to consider this concern when developing new policies;

| 32. | Stresses that the data available suggests that women are less well rewarded financially for their qualifications and experience than men, partly because female employment has traditionally been considered as supplementary to the family income, a fact that has played a significant part in creating and maintaining the different salaries paid to men and women; |
| --- | --- |

32.

Stresses that the data available suggests that women are less well rewarded financially for their qualifications and experience than men, partly because female employment has traditionally been considered as supplementary to the family income, a fact that has played a significant part in creating and maintaining the different salaries paid to men and women;

| 33. | Stresses the need for awareness-raising activities in order to inform employers and employees of the link between gender stereotypes and the gender pay and job gap, to inform other stakeholders in society of the fact that gender stereotypes reduce women’s opportunities both on the labour market and in their private lives, to encourage transparency in public and private companies and agencies, and to guarantee equal pay for equal work and work of equal value; |
| --- | --- |

33.

Stresses the need for awareness-raising activities in order to inform employers and employees of the link between gender stereotypes and the gender pay and job gap, to inform other stakeholders in society of the fact that gender stereotypes reduce women’s opportunities both on the labour market and in their private lives, to encourage transparency in public and private companies and agencies, and to guarantee equal pay for equal work and work of equal value;

| 34. | Calls on the Member States to review wage structures in female-dominated professions and occupations as a means of breaking down gender stereotypes anchored in the pay gap problem; calls on the Member States, employers and trade union movements to draft and implement serviceable, specific job evaluation tools to help determine work of equal value and thus to ensure equal pay between men and women; |
| --- | --- |

34.

Calls on the Member States to review wage structures in female-dominated professions and occupations as a means of breaking down gender stereotypes anchored in the pay gap problem; calls on the Member States, employers and trade union movements to draft and implement serviceable, specific job evaluation tools to help determine work of equal value and thus to ensure equal pay between men and women;

| 35. | Urges the Member States to establish policies to increase the number of inexpensive and high-quality childcare facilities available to working parents throughout Europe, and to help establish structures to enable parents working for companies to balance their family and professional lives, in particular by supporting the establishment and continuation of company childcare services; urges the Member States also to improve the provision of care facilities for other categories of dependants (old, disabled, people in need), thus encouraging women‘s active participation in labour, by reconciling work and family life; |
| --- | --- |

35.

Urges the Member States to establish policies to increase the number of inexpensive and high-quality childcare facilities available to working parents throughout Europe, and to help establish structures to enable parents working for companies to balance their family and professional lives, in particular by supporting the establishment and continuation of company childcare services; urges the Member States also to improve the provision of care facilities for other categories of dependants (old, disabled, people in need), thus encouraging women‘s active participation in labour, by reconciling work and family life;

| 36. | Calls on the Commission and the Member States to provide flexible working opportunities and suitable forms of parental leave for both men and women; |
| --- | --- |

36.

Calls on the Commission and the Member States to provide flexible working opportunities and suitable forms of parental leave for both men and women;

| 37. | Emphasises that gender stereotypes have a tendency to be self-fulfilling and that, if women are never given the chance to prove themselves, they will never manage to break the barriers blocking their way; |
| --- | --- |

37.

Emphasises that gender stereotypes have a tendency to be self-fulfilling and that, if women are never given the chance to prove themselves, they will never manage to break the barriers blocking their way;

| 38. | Calls on the Commission and the Member States to encourage female entrepreneurship and self-employment schemes, providing appropriate training, funding and support; |
| --- | --- |

38.

Calls on the Commission and the Member States to encourage female entrepreneurship and self-employment schemes, providing appropriate training, funding and support;

| 39. | Reminds the Commission that elderly women are particularly affected by the gender pay gap as it also affects pensions, which increases the risk of extreme and persistent poverty once women have reached retirement age; |
| --- | --- |

39.

Reminds the Commission that elderly women are particularly affected by the gender pay gap as it also affects pensions, which increases the risk of extreme and persistent poverty once women have reached retirement age;

| 40. | Notes that the likelihood of elderly women ending up in poverty when they reach retirement age will increase as a result of the new EU pension rules; stresses, therefore, the importance of not supporting any amendments in the White Paper that increase the pension gap between men and women; |
| --- | --- |

40.

Notes that the likelihood of elderly women ending up in poverty when they reach retirement age will increase as a result of the new EU pension rules; stresses, therefore, the importance of not supporting any amendments in the White Paper that increase the pension gap between men and women;

| 41. | Calls on the Commission to assess the implementation of the EU Directive on sexual harassment at work and produce a report on shortcomings and challenges, in order to strengthen Member States’ legislation and measures; |
| --- | --- |

41.

Calls on the Commission to assess the implementation of the EU Directive on sexual harassment at work and produce a report on shortcomings and challenges, in order to strengthen Member States’ legislation and measures;

Economic and political decision-making

| 42. | Draws attention to the fact that the representation of women in national governments stood at 23 % in 2009 and supports the introduction of binding quotas in order to increase the number of women in national governments and parliaments and at regional and municipal levels, as well as in the EU institutions; also urges the introduction of awareness and incentive campaigns, encouraging women to be more politically active and to run for local or national government; |
| --- | --- |

42.

Draws attention to the fact that the representation of women in national governments stood at 23 % in 2009 and supports the introduction of binding quotas in order to increase the number of women in national governments and parliaments and at regional and municipal levels, as well as in the EU institutions; also urges the introduction of awareness and incentive campaigns, encouraging women to be more politically active and to run for local or national government;

| 43. | Recalls that the 2014 European elections, followed by the appointment of the next Commission and nominations for the EU ‘top jobs’, are a chance to move towards parity democracy at EU level and for the EU to be a role model in this field; |
| --- | --- |

43.

Recalls that the 2014 European elections, followed by the appointment of the next Commission and nominations for the EU ‘top jobs’, are a chance to move towards parity democracy at EU level and for the EU to be a role model in this field;

| 44. | Calls on the Member States to support parity by proposing a woman and a man as their candidates for the office of European Commissioner; calls on the nominated President of the Commission to aim at parity when forming the Commission; calls on the present Commission to publicly support this procedure; |
| --- | --- |

44.

Calls on the Member States to support parity by proposing a woman and a man as their candidates for the office of European Commissioner; calls on the nominated President of the Commission to aim at parity when forming the Commission; calls on the present Commission to publicly support this procedure;

| 45. | Recalls that, in 2010, only 12 % of the members of management boards in Europe were women; supports the Commission’s desire to establish binding quotas for women in posts of responsibility in the largest listed companies; |
| --- | --- |

45.

Recalls that, in 2010, only 12 % of the members of management boards in Europe were women; supports the Commission’s desire to establish binding quotas for women in posts of responsibility in the largest listed companies;

Other actions

| 46. | Calls on the Member States to reassess their approach to men and women in the labour market and to mechanisms that enable workers to establish a balance between work and family life, as stereotypes can increase occupational segregation and the gender pay gap; |
| --- | --- |

46.

Calls on the Member States to reassess their approach to men and women in the labour market and to mechanisms that enable workers to establish a balance between work and family life, as stereotypes can increase occupational segregation and the gender pay gap;

| 47. | Calls on the Member States to make combating violence against women a priority in penal policy; encourages Member States to develop, to this end, cooperation between their judicial authorities and national police services, and the exchange of good practice; |
| --- | --- |

47.

Calls on the Member States to make combating violence against women a priority in penal policy; encourages Member States to develop, to this end, cooperation between their judicial authorities and national police services, and the exchange of good practice;

| 48. | Stresses the need to combat all forms of violence against women; calls on the Commission and the Member States to embark on concerted action, including public awareness and information campaigns, on gender violence, as well as strategies aimed at changing the social stereotyping of women through education and the media, and to encourage the exchange of good practice; reiterates the need to work with both victims and aggressors, with a view to enhancing awareness among the latter and helping to change stereotypes and socially determined beliefs which help perpetuate the conditions that generate this type of violence and acceptance of it; |
| --- | --- |

48.

Stresses the need to combat all forms of violence against women; calls on the Commission and the Member States to embark on concerted action, including public awareness and information campaigns, on gender violence, as well as strategies aimed at changing the social stereotyping of women through education and the media, and to encourage the exchange of good practice; reiterates the need to work with both victims and aggressors, with a view to enhancing awareness among the latter and helping to change stereotypes and socially determined beliefs which help perpetuate the conditions that generate this type of violence and acceptance of it;

| 49. | Encourages the Commission and the Member States to promote gender equality and the empowerment of women, including by means of information campaigns celebrating women’s role and involvement in politics, economics, society, sport, health, art, the sciences and at all other levels of society; |
| --- | --- |

49.

Encourages the Commission and the Member States to promote gender equality and the empowerment of women, including by means of information campaigns celebrating women’s role and involvement in politics, economics, society, sport, health, art, the sciences and at all other levels of society;

| 50. | Considers that legislative and non-legislative measures are needed at both national and EU level to overcome stereotypes and close the wage gap, to enhance female participation in male-dominated sectors and to increase the recognition of women’s skills and economic performance in the workplace, so as to overcome horizontal and vertical exclusion and increase the number of women in decision-making bodies in the political and business worlds; |
| --- | --- |

50.

Considers that legislative and non-legislative measures are needed at both national and EU level to overcome stereotypes and close the wage gap, to enhance female participation in male-dominated sectors and to increase the recognition of women’s skills and economic performance in the workplace, so as to overcome horizontal and vertical exclusion and increase the number of women in decision-making bodies in the political and business worlds;

| 51. | Calls on the Commission and the Member States to take decisive policy action to fight gender stereotypes and encourage men to share equally in domestic and childcare responsibilities with women, in particular through incentives for men to take parental and paternity leave, which will strengthen their rights as fathers, ensure a greater degree of equality between women and men and more appropriate sharing of family and housekeeping responsibilities, and enhance women’s opportunities to participate fully in the labour market; calls also on the Member States to persuade employers to adopt family-friendly measures; |
| --- | --- |

51.

Calls on the Commission and the Member States to take decisive policy action to fight gender stereotypes and encourage men to share equally in domestic and childcare responsibilities with women, in particular through incentives for men to take parental and paternity leave, which will strengthen their rights as fathers, ensure a greater degree of equality between women and men and more appropriate sharing of family and housekeeping responsibilities, and enhance women’s opportunities to participate fully in the labour market; calls also on the Member States to persuade employers to adopt family-friendly measures;

| 52. | Calls on the Commission and the national governments of the Member States to encourage more research on gender stereotyping and to collect further statistical data on gender stereotypes by developing appropriate indicators for gender stereotyping; |
| --- | --- |

52.

Calls on the Commission and the national governments of the Member States to encourage more research on gender stereotyping and to collect further statistical data on gender stereotypes by developing appropriate indicators for gender stereotyping;

| 53. | Reminds the Commission that gender equality is enshrined in Article 23 of the Charter of Fundamental Rights of the European Union; |
| --- | --- |

53.

Reminds the Commission that gender equality is enshrined in Article 23 of the Charter of Fundamental Rights of the European Union;

| 54. | Calls on the Commission and the Member States to support men’s and women’s employment potential in various professions, with a view to ensuring that the requirements of the labour market are met and that both genders enjoy equal opportunities; |
| --- | --- |

54.

Calls on the Commission and the Member States to support men’s and women’s employment potential in various professions, with a view to ensuring that the requirements of the labour market are met and that both genders enjoy equal opportunities;

| 55. | Calls on the Commission to combat all forms of violence, discrimination and stereotyping against women so that they can fully enjoy all their human rights; |
| --- | --- |

55.

Calls on the Commission to combat all forms of violence, discrimination and stereotyping against women so that they can fully enjoy all their human rights;

| 56. | Calls on the Commission to urge the Member States to honour the commitments made in the European Pact for Gender Equality; |
| --- | --- |

56.

Calls on the Commission to urge the Member States to honour the commitments made in the European Pact for Gender Equality;

| 57. | Encourages the European Institute for Gender Equality and different national gender equality institutes to promote further research on the root causes of gender stereotypes and the impact of stereotypes on gender equality, and stresses the importance of exchanging new ideas and research on best practices with a view to eliminating gender stereotypes in the Member States and the EU institutions; |
| --- | --- |

57.

Encourages the European Institute for Gender Equality and different national gender equality institutes to promote further research on the root causes of gender stereotypes and the impact of stereotypes on gender equality, and stresses the importance of exchanging new ideas and research on best practices with a view to eliminating gender stereotypes in the Member States and the EU institutions;

| 58. | Reminds the Commission of Parliament’s resolution of 3 September 2008 on how marketing and advertising affect equality between women and men, and calls on it to implement the recommendations put forward in that resolution; |
| --- | --- |

58.

Reminds the Commission of Parliament’s resolution of 3 September 2008 on how marketing and advertising affect equality between women and men, and calls on it to implement the recommendations put forward in that resolution;

| 59. | Calls on the EU and its Member States to carry out awareness-raising, education and training campaigns to combat discriminatory cultural norms and tackle the prevalent sexist stereotypes and social stigmatisation, which legitimise and perpetuate violence against women, and to ensure that there is no justification of violence on the grounds of customs, traditions or religious considerations; |
| --- | --- |

59.

Calls on the EU and its Member States to carry out awareness-raising, education and training campaigns to combat discriminatory cultural norms and tackle the prevalent sexist stereotypes and social stigmatisation, which legitimise and perpetuate violence against women, and to ensure that there is no justification of violence on the grounds of customs, traditions or religious considerations;

| 60. | Calls on the EU and its Member States to promote the sharing of good models, facilitate peer-learning among Member States and establish funding opportunities for EU-level and national campaigns to eliminate gender stereotypes; |
| --- | --- |

60.

Calls on the EU and its Member States to promote the sharing of good models, facilitate peer-learning among Member States and establish funding opportunities for EU-level and national campaigns to eliminate gender stereotypes;

| 61. | Calls on the EU to fill the existing gap in scope between European legislation on racial and on sex-based discrimination and propose new legislation to ensure equality between women and men in education and the media; |
| --- | --- |

61.

Calls on the EU to fill the existing gap in scope between European legislation on racial and on sex-based discrimination and propose new legislation to ensure equality between women and men in education and the media;

| 62. | Calls on the EU and its Member States to develop safeguards (in the form of ombudspersons or media-watch authorities incorporating gender equality experts) in order to ensure that industrial codes of conduct include a gender equality perspective and are adhered to, and that the public can lodge complaints if necessary; |
| --- | --- |

62.

Calls on the EU and its Member States to develop safeguards (in the form of ombudspersons or media-watch authorities incorporating gender equality experts) in order to ensure that industrial codes of conduct include a gender equality perspective and are adhered to, and that the public can lodge complaints if necessary;

o

o o

| 63. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

63.

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

---

(1)  OJ C 59, 23.2.2001, p. 258.

(2)  OJ C 320 E, 15.12.2005, p. 247.

(3)  OJ C 348 E, 21.12.2010, p. 11.

(4)  OJ L 204, 26.7.2006, p 23.

(5)  OJ L 373, 21.12.2004, p. 37.

(6)  OJ L 269, 5.10.2002, p. 15.

(7)  Annex to Council Conclusions of 7 March 2011.

(8)  OJ C 295 E, 4.12.2009, p. 43.

(9)  Text adopted P7_TA(2012)0069.

(10)  OJ C 304, 6.10.1997, p. 60.

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| 29.1.2016 | EN | Official Journal of the European Union | C 36/27 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/27

---

P7_TA(2013)0075

Situation of women in North Africa

European Parliament resolution of 12 March 2013 on the situation of women in North Africa (2012/2102(INI))

(2016/C 036/04)

The European Parliament,

| — | having regard to Articles 2 and 3(5), second subparagraph, of the Treaty on European Union (TEU) and Article 8 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 2 and 3(5), second subparagraph, of the Treaty on European Union (TEU) and Article 8 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Article 23 of the Charter of Fundamental Rights of the European Union, |
| --- | --- |

—

having regard to Article 23 of the Charter of Fundamental Rights of the European Union,

| — | having regard to the Africa-EU Strategic Partnership — A Joint Africa-EU Strategy, |
| --- | --- |

—

having regard to the Africa-EU Strategic Partnership — A Joint Africa-EU Strategy,

| — | having regard to the Commission communication of 21 September 2010 entitled ‘Strategy for equality between women and men 2010-2015’ (COM(2010)0491), |
| --- | --- |

—

having regard to the Commission communication of 21 September 2010 entitled ‘Strategy for equality between women and men 2010-2015’ (COM(2010)0491),

| — | having regard to the joint communications from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy entitled ‘A partnership for democracy and shared prosperity with the southern Mediterranean’ (COM(2011)0200), ‘A new response to a changing Neighbourhood’ (COM(2011)0303) and ‘Delivering on a new European Neighbourhood Policy’ (JOIN(2012)0014), |
| --- | --- |

—

having regard to the joint communications from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy entitled ‘A partnership for democracy and shared prosperity with the southern Mediterranean’ (COM(2011)0200), ‘A new response to a changing Neighbourhood’ (COM(2011)0303) and ‘Delivering on a new European Neighbourhood Policy’ (JOIN(2012)0014),

| — | having regard to the Commission’s thematic and geographic financial instruments concerning democratisation and human rights (such as the European Instrument for Democracy and Human Rights (EIDHR) and the European Neighbourhood and Partnership Initiative (ENPI)), |
| --- | --- |

—

having regard to the Commission’s thematic and geographic financial instruments concerning democratisation and human rights (such as the European Instrument for Democracy and Human Rights (EIDHR) and the European Neighbourhood and Partnership Initiative (ENPI)),

| — | having regard the EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016 (COM(2012)0286), |
| --- | --- |

—

having regard the EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016 (COM(2012)0286),

| — | having regard to the resolution of the Parliamentary Assembly of the Council of Europe on ‘Equality between women and men: a condition for the success of the Arab Spring’ (1), |
| --- | --- |

—

having regard to the resolution of the Parliamentary Assembly of the Council of Europe on ‘Equality between women and men: a condition for the success of the Arab Spring’ (1),

| — | having regard to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 18 December 1979, the United Nations Convention on the Rights of the Child of 20 November 1989 and the Optional Protocol to the latter on the Sale of Children, Child Prostitution and Child Pornography of 25 May 2000, |
| --- | --- |

—

having regard to the United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) of 18 December 1979, the United Nations Convention on the Rights of the Child of 20 November 1989 and the Optional Protocol to the latter on the Sale of Children, Child Prostitution and Child Pornography of 25 May 2000,

| — | having regard to UN General Assembly resolution 67/167 of 20 December 2012 on female genital mutilation, |
| --- | --- |

—

having regard to UN General Assembly resolution 67/167 of 20 December 2012 on female genital mutilation,

| — | having regard to the Fourth World Conference on Women, held in Beijing in September 1995, the Declaration and Platform for Action adopted in Beijing and the subsequent outcome documents of the United Nations Beijing + 5, + 10 and + 15 Special Sessions on further actions and initiatives to implement the Beijing Declaration and Platform for Action, adopted on 9 June 2000, 11 March 2005 and 2 March 2010 respectively, |
| --- | --- |

—

having regard to the Fourth World Conference on Women, held in Beijing in September 1995, the Declaration and Platform for Action adopted in Beijing and the subsequent outcome documents of the United Nations Beijing + 5, + 10 and + 15 Special Sessions on further actions and initiatives to implement the Beijing Declaration and Platform for Action, adopted on 9 June 2000, 11 March 2005 and 2 March 2010 respectively,

| — | having regard to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, |
| --- | --- |

—

having regard to the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa,

| — | having regard to the activities of the Parliamentary Assembly of the Union for the Mediterranean, |
| --- | --- |

—

having regard to the activities of the Parliamentary Assembly of the Union for the Mediterranean,

| — | having regard to the Istanbul-Marrakesh Process and the Ministerial Conclusions of the first and second Euro-Mediterranean Ministerial Conferences on ‘Strengthening the Role of Women in Society’, held on 14—15 November 2006 in Istanbul and on 11—12 November 2009 in Marrakesh, |
| --- | --- |

—

having regard to the Istanbul-Marrakesh Process and the Ministerial Conclusions of the first and second Euro-Mediterranean Ministerial Conferences on ‘Strengthening the Role of Women in Society’, held on 14—15 November 2006 in Istanbul and on 11—12 November 2009 in Marrakesh,

| — | having regard to the conclusions of the Middle East and North Africa (MENA) regional dialogues between civil society, State actors and political leaders, held in June and November 2012 in Beirut and Amman, in the framework of the EU-funded regional project ‘Promoting a common agenda for equality between women and men through Istanbul Process’, |
| --- | --- |

—

having regard to the conclusions of the Middle East and North Africa (MENA) regional dialogues between civil society, State actors and political leaders, held in June and November 2012 in Beirut and Amman, in the framework of the EU-funded regional project ‘Promoting a common agenda for equality between women and men through Istanbul Process’,

| — | having regard to ‘Spring Forward for Women’, the joint regional programme for the South Mediterranean Region, run by the Commission and UN Women, |
| --- | --- |

—

having regard to ‘Spring Forward for Women’, the joint regional programme for the South Mediterranean Region, run by the Commission and UN Women,

| — | having regard to ‘A report card on adolescents’, the 10th edition of UNICEF’s Progress for Children report, |
| --- | --- |

—

having regard to ‘A report card on adolescents’, the 10th edition of UNICEF’s Progress for Children report,

| — | having regard to the UNDP Arab Human Development Report 2005 entitled ‘Towards the rise of women in the Arab world’ and the 2009 Report entitled ‘Challenges for Human Security in the Arab Region’, especially its chapter on ‘The personal insecurity of vulnerable groups’, |
| --- | --- |

—

having regard to the UNDP Arab Human Development Report 2005 entitled ‘Towards the rise of women in the Arab world’ and the 2009 Report entitled ‘Challenges for Human Security in the Arab Region’, especially its chapter on ‘The personal insecurity of vulnerable groups’,

| — | having regard to its resolution of 17 February 2011 on the situation in Egypt (2), |
| --- | --- |

—

having regard to its resolution of 17 February 2011 on the situation in Egypt (2),

| — | having regard to its resolution of 10 March 2011 on the Southern Neighbourhood, and Libya in particular (3), |
| --- | --- |

—

having regard to its resolution of 10 March 2011 on the Southern Neighbourhood, and Libya in particular (3),

| — | having regard to its resolution of 7 April 2011 on the review of the European Neighbourhood Policy — Southern Dimension (4), |
| --- | --- |

—

having regard to its resolution of 7 April 2011 on the review of the European Neighbourhood Policy — Southern Dimension (4),

| — | having regard to its resolution of 7 April 2011 on the use of sexual violence in conflicts in North Africa and the Middle East (5), |
| --- | --- |

—

having regard to its resolution of 7 April 2011 on the use of sexual violence in conflicts in North Africa and the Middle East (5),

| — | having regard to its resolution of 13 March 2012 on equality between women and men in the European Union — 2011 (6), |
| --- | --- |

—

having regard to its resolution of 13 March 2012 on equality between women and men in the European Union — 2011 (6),

| — | having regard to its recommendation of 29 March 2012 to the Council on the modalities for the possible establishment of a European Endowment for Democracy (7), |
| --- | --- |

—

having regard to its recommendation of 29 March 2012 to the Council on the modalities for the possible establishment of a European Endowment for Democracy (7),

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Development (A7-0047/2013), |
| --- | --- |

—

having regard to the report of the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Development (A7-0047/2013),

| A. | whereas many women, in particular young women, were very much involved in the ‘Arab Spring’ in North Africa, participating, from the outset, in demonstrations, public and political debate and elections, taking an active part in civil society, in the social media and on blogs, among other things, and therefore were, and still are, key players in democratic change in their countries and in strengthening development and cohesion; |
| --- | --- |

A.

whereas many women, in particular young women, were very much involved in the ‘Arab Spring’ in North Africa, participating, from the outset, in demonstrations, public and political debate and elections, taking an active part in civil society, in the social media and on blogs, among other things, and therefore were, and still are, key players in democratic change in their countries and in strengthening development and cohesion;

| B. | whereas these countries are going through a process of political and democratic transition and of changing or adapting their constitutions, in which women, whether parliamentarians, elected officials or civil society representatives, are actively and consistently involved; whereas the result of this process will shape the countries’ democratic functioning and fundamental rights and freedoms, and will have an impact on the status of women; |
| --- | --- |

B.

whereas these countries are going through a process of political and democratic transition and of changing or adapting their constitutions, in which women, whether parliamentarians, elected officials or civil society representatives, are actively and consistently involved; whereas the result of this process will shape the countries’ democratic functioning and fundamental rights and freedoms, and will have an impact on the status of women;

| C. | whereas the role played by women in revolutions is no different from that which they are required to play at times of democratic transition and state rebuilding; whereas the success of these processes is entirely contingent on the full involvement of women at all levels of decision-making; |
| --- | --- |

C.

whereas the role played by women in revolutions is no different from that which they are required to play at times of democratic transition and state rebuilding; whereas the success of these processes is entirely contingent on the full involvement of women at all levels of decision-making;

| D. | whereas women in these countries have, albeit unevenly, become more present in higher education, civil society organisations, enterprises and institutions in the past decades, even if, under dictatorial and paternalist regimes, the effective implementation of rights was limited and women's participation was subject to various restrictive conditions; |
| --- | --- |

D.

whereas women in these countries have, albeit unevenly, become more present in higher education, civil society organisations, enterprises and institutions in the past decades, even if, under dictatorial and paternalist regimes, the effective implementation of rights was limited and women's participation was subject to various restrictive conditions;

| E. | whereas women’s rights represent one of the most debated issues in the present political process and are women’s main concern, as they face the risk of a backlash and intimidation, that may reduce the chances of achieving the goal of a shared democracy and equal citizenship status; |
| --- | --- |

E.

whereas women’s rights represent one of the most debated issues in the present political process and are women’s main concern, as they face the risk of a backlash and intimidation, that may reduce the chances of achieving the goal of a shared democracy and equal citizenship status;

| F. | whereas several common gender issues, such as girls’ and women’s rights as an integral part of universal human rights, equal rights and compliance with international conventions are at the heart of the constitutional debates; |
| --- | --- |

F.

whereas several common gender issues, such as girls’ and women’s rights as an integral part of universal human rights, equal rights and compliance with international conventions are at the heart of the constitutional debates;

| G. | whereas women’s representation in politics and in decision-taking positions in all sectors varies from one country to another, but is disappointing as regards the percentages involved when compared with the great involvement of women in the various uprising movements and in the elections that followed and the increased proportion of highly educated women; |
| --- | --- |

G.

whereas women’s representation in politics and in decision-taking positions in all sectors varies from one country to another, but is disappointing as regards the percentages involved when compared with the great involvement of women in the various uprising movements and in the elections that followed and the increased proportion of highly educated women;

| H. | whereas the renewed EU Neighbourhood Policy should place greater emphasis on gender equality, empowerment of women and support for civil society; |
| --- | --- |

H.

whereas the renewed EU Neighbourhood Policy should place greater emphasis on gender equality, empowerment of women and support for civil society;

| I. | whereas at present the EU’s specific support for gender issues in the region stands at EUR 92 million, of which EUR 77 million at bilateral level and EUR 15 million at regional level; |
| --- | --- |

I.

whereas at present the EU’s specific support for gender issues in the region stands at EUR 92 million, of which EUR 77 million at bilateral level and EUR 15 million at regional level;

| J. | whereas, among the EU bilateral programmes the most significant is to be implemented in Morocco, with a budget of EUR 45 million for ‘Promotion of equality between men and women’, and whereas in Egypt a project of EUR 4 million is to be implemented by UN Women, while in Tunisia and Libya UN Women is implementing bilateral programmes for women in preparation for elections; |
| --- | --- |

J.

whereas, among the EU bilateral programmes the most significant is to be implemented in Morocco, with a budget of EUR 45 million for ‘Promotion of equality between men and women’, and whereas in Egypt a project of EUR 4 million is to be implemented by UN Women, while in Tunisia and Libya UN Women is implementing bilateral programmes for women in preparation for elections;

| K. | whereas the socio-economic situation, especially the high level of youth and female unemployment, and poverty, often leading to the marginalisation of women and making them increasingly vulnerable, was one of the leading causes of the upheavals in the region, together with the aspiration for rights, dignity and justice; |
| --- | --- |

K.

whereas the socio-economic situation, especially the high level of youth and female unemployment, and poverty, often leading to the marginalisation of women and making them increasingly vulnerable, was one of the leading causes of the upheavals in the region, together with the aspiration for rights, dignity and justice;

| L. | whereas many acts of sexual violence were committed on girls and women during and after the uprisings across the region, including rape and virginity tests used as a means of political pressure against women, inter alia by security forces, and sexual harassment in public; whereas gender-based intimidation is increasingly being used by extremist movements; |
| --- | --- |

L.

whereas many acts of sexual violence were committed on girls and women during and after the uprisings across the region, including rape and virginity tests used as a means of political pressure against women, inter alia by security forces, and sexual harassment in public; whereas gender-based intimidation is increasingly being used by extremist movements;

| M. | whereas the situation of migrant women and children is even more critical due to the insecurity in some parts of the region and the economic crisis; |
| --- | --- |

M.

whereas the situation of migrant women and children is even more critical due to the insecurity in some parts of the region and the economic crisis;

| N. | whereas the risk of trafficking in human beings is increasing in countries in transition and in areas where civilians are affected by conflicts or where many refugees or internally displaced persons are to be found; |
| --- | --- |

N.

whereas the risk of trafficking in human beings is increasing in countries in transition and in areas where civilians are affected by conflicts or where many refugees or internally displaced persons are to be found;

| O. | whereas one fundamental issue in the constitutional debates is whether Islam should be defined in the constitution as the religion of the people or of the state; |
| --- | --- |

O.

whereas one fundamental issue in the constitutional debates is whether Islam should be defined in the constitution as the religion of the people or of the state;

| P. | whereas the December 2012 Egyptian constitutional referendum failed to secure the necessary degree of popular participation or a consensus across the board, with the result that questions have remained unanswered and there is still some latitude of interpretation regarding major constitutional issues, including women’s rights; |
| --- | --- |

P.

whereas the December 2012 Egyptian constitutional referendum failed to secure the necessary degree of popular participation or a consensus across the board, with the result that questions have remained unanswered and there is still some latitude of interpretation regarding major constitutional issues, including women’s rights;

| Q. | whereas the parliamentary dimension of the Union for the Mediterranean (UfM) and the Istanbul-Marrakesh Process are among the best tools for lawmakers to exchange on all these issues and the Parliamentary Assembly of the Union for the Mediterranean includes a Committee on Women’s Rights, which must be properly used; |
| --- | --- |

Q.

whereas the parliamentary dimension of the Union for the Mediterranean (UfM) and the Istanbul-Marrakesh Process are among the best tools for lawmakers to exchange on all these issues and the Parliamentary Assembly of the Union for the Mediterranean includes a Committee on Women’s Rights, which must be properly used;

Women’s rights

| 1. | Calls on the authorities of the countries concerned irreversibly to enshrine in their constitutions the principle of equality between men and women in order to state explicitly the prohibition of all forms of discrimination and violence against women and girls, the possibility of affirmative actions and the entrenchment of women’s political, economic and social rights; calls on lawmakers in those countries to reform all existing laws and to incorporate the principle of equality into all projects or legislative proposals that could lead to discrimination against women, for example in the area of marriage, divorce, child custody, parental rights, nationality, inheritance and legal capacity, in line with international and regional instruments, and to entrench the existence of domestic mechanisms for the protection of women’s rights; |
| --- | --- |

1.

Calls on the authorities of the countries concerned irreversibly to enshrine in their constitutions the principle of equality between men and women in order to state explicitly the prohibition of all forms of discrimination and violence against women and girls, the possibility of affirmative actions and the entrenchment of women’s political, economic and social rights; calls on lawmakers in those countries to reform all existing laws and to incorporate the principle of equality into all projects or legislative proposals that could lead to discrimination against women, for example in the area of marriage, divorce, child custody, parental rights, nationality, inheritance and legal capacity, in line with international and regional instruments, and to entrench the existence of domestic mechanisms for the protection of women’s rights;

| 2. | Calls on the national authorities to guarantee equality between women and men in penal codes and social security systems; |
| --- | --- |

2.

Calls on the national authorities to guarantee equality between women and men in penal codes and social security systems;

| 3. | Highlights the fact that equal participation by women and men in all spheres of life is a crucial element of democracy and that women’s participation in governance constitutes a precondition for socio-economic progress, social cohesion and equitable democratic governance; strongly urges all countries, therefore, to make gender equality a priority in their democracy promotion agendas; |
| --- | --- |

3.

Highlights the fact that equal participation by women and men in all spheres of life is a crucial element of democracy and that women’s participation in governance constitutes a precondition for socio-economic progress, social cohesion and equitable democratic governance; strongly urges all countries, therefore, to make gender equality a priority in their democracy promotion agendas;

| 4. | Stresses that the ongoing transitions in North Africa will only lead to democratic political systems and societies once gender equality, including the freedom to choose one’s way of life, is achieved; |
| --- | --- |

4.

Stresses that the ongoing transitions in North Africa will only lead to democratic political systems and societies once gender equality, including the freedom to choose one’s way of life, is achieved;

| 5. | Calls on the national authorities in North Africa to fully implement CEDAW, the protocols thereto and all international human rights conventions and hence to withdraw all reservations to CEDAW; also asks them to cooperate with UN mechanisms protecting girls’ and women’s rights; |
| --- | --- |

5.

Calls on the national authorities in North Africa to fully implement CEDAW, the protocols thereto and all international human rights conventions and hence to withdraw all reservations to CEDAW; also asks them to cooperate with UN mechanisms protecting girls’ and women’s rights;

| 6. | Recalls the open debate among Islamic women scholars with a view to interpreting religious texts in a women’s rights and equality perspective; |
| --- | --- |

6.

Recalls the open debate among Islamic women scholars with a view to interpreting religious texts in a women’s rights and equality perspective;

| 7. | Recalls the importance of guaranteeing freedom of expression and of religion and pluralism, including through the promotion of mutual respect and of interfaith dialogue, in particular among women; |
| --- | --- |

7.

Recalls the importance of guaranteeing freedom of expression and of religion and pluralism, including through the promotion of mutual respect and of interfaith dialogue, in particular among women;

| 8. | Encourages states to engage in an inclusive, wide-ranging and voluntary debate with all stakeholders, including civil society, social partners, local women’s organisations, local authorities and religious leaders, and to ensure that women’s rights and the principle of equality between men and women are protected and upheld; |
| --- | --- |

8.

Encourages states to engage in an inclusive, wide-ranging and voluntary debate with all stakeholders, including civil society, social partners, local women’s organisations, local authorities and religious leaders, and to ensure that women’s rights and the principle of equality between men and women are protected and upheld;

| 9. | Recalls that no monotheistic religion advocates or can be used to justify violence; |
| --- | --- |

9.

Recalls that no monotheistic religion advocates or can be used to justify violence;

| 10. | Calls on the North African countries to adopt laws and concrete measures prohibiting and laying down penalties for all forms of violence against women, including domestic and sexual violence, sexual harassment and harmful traditional practices, such as female genital mutilation and forced marriages, especially in the case of underage girls; stresses the importance of the protection of victims and of the provision of specific services; welcomes the recent campaign against domestic violence launched by the Tunisian Minister for Women and Family Affairs, and the ongoing commitment to this cause on the part of Morocco, which in 2012 organised its tenth national campaign to tackle violence against women; |
| --- | --- |

10.

Calls on the North African countries to adopt laws and concrete measures prohibiting and laying down penalties for all forms of violence against women, including domestic and sexual violence, sexual harassment and harmful traditional practices, such as female genital mutilation and forced marriages, especially in the case of underage girls; stresses the importance of the protection of victims and of the provision of specific services; welcomes the recent campaign against domestic violence launched by the Tunisian Minister for Women and Family Affairs, and the ongoing commitment to this cause on the part of Morocco, which in 2012 organised its tenth national campaign to tackle violence against women;

| 11. | Recalls the double discrimination faced by lesbian women and calls on national authorities in North Africa to decriminalise homosexuality and to ensure that women are not discriminated against on the basis of their sexual orientation; |
| --- | --- |

11.

Recalls the double discrimination faced by lesbian women and calls on national authorities in North Africa to decriminalise homosexuality and to ensure that women are not discriminated against on the basis of their sexual orientation;

| 12. | Stresses the importance of fighting impunity with respect to all violence against women, in particular sexual violence, by ensuring that such crimes are effectively investigated, prosecuted and severely punished, that minors are adequately protected by the judicial system and that all women have full access to justice, without religious and/or ethnic discrimination; |
| --- | --- |

12.

Stresses the importance of fighting impunity with respect to all violence against women, in particular sexual violence, by ensuring that such crimes are effectively investigated, prosecuted and severely punished, that minors are adequately protected by the judicial system and that all women have full access to justice, without religious and/or ethnic discrimination;

| 13. | Calls on national governments to provide sufficient training to ensure that justice operators and security forces are properly equipped to deal with sexual violence crimes and their victims; also underlines the importance of a gender-sensitive transitional justice system; |
| --- | --- |

13.

Calls on national governments to provide sufficient training to ensure that justice operators and security forces are properly equipped to deal with sexual violence crimes and their victims; also underlines the importance of a gender-sensitive transitional justice system;

| 14. | Condemns the use of all forms of violence, particularly sexual violence, before, during and after the uprisings and its continuous use as a form of political pressure, and as a means of oppressing, intimidating and degrading women; calls on national justice systems to prosecute these crimes with adequate measures, and stresses that the International Criminal Court could intervene if no judicial action is possible at national level; |
| --- | --- |

14.

Condemns the use of all forms of violence, particularly sexual violence, before, during and after the uprisings and its continuous use as a form of political pressure, and as a means of oppressing, intimidating and degrading women; calls on national justice systems to prosecute these crimes with adequate measures, and stresses that the International Criminal Court could intervene if no judicial action is possible at national level;

| 15. | Points out that, during and after the uprisings, women in North Africa have faced increased vulnerability and victimisation; |
| --- | --- |

15.

Points out that, during and after the uprisings, women in North Africa have faced increased vulnerability and victimisation;

| 16. | Calls on the North African countries to develop a strategy for victims of sexual violence during and after the uprisings, which provides the victims with adequate reparation, and economic, social and psychological support; calls on the authorities of the North African countries to give priority to bringing the perpetrators to justice; |
| --- | --- |

16.

Calls on the North African countries to develop a strategy for victims of sexual violence during and after the uprisings, which provides the victims with adequate reparation, and economic, social and psychological support; calls on the authorities of the North African countries to give priority to bringing the perpetrators to justice;

| 17. | Condemns the practice of female genital mutilation which is still in use in some areas of Egypt, and calls on the national authorities to reinforce the implementation of the ban and on the Commission to establish programmes aimed at rooting out the practice, including through the involvement of NGOs and health education; stresses, furthermore, the importance of awareness raising, community mobilisation, education and training, and the need to involve national, regional and local authorities and civil society, as well as religious and community leaders, in combating the practice of female genital mutilation; |
| --- | --- |

17.

Condemns the practice of female genital mutilation which is still in use in some areas of Egypt, and calls on the national authorities to reinforce the implementation of the ban and on the Commission to establish programmes aimed at rooting out the practice, including through the involvement of NGOs and health education; stresses, furthermore, the importance of awareness raising, community mobilisation, education and training, and the need to involve national, regional and local authorities and civil society, as well as religious and community leaders, in combating the practice of female genital mutilation;

| 18. | Commends the fact that more and more states in the region have decided to raise the legal age of marriage for girls over the past decades (16 in Egypt, 18 in Morocco and 20 in Tunisia and Libya) and condemns any attempt to lower it again or to limit the impact of such reforms as early, and often forced, marriages are not only detrimental to girls’ rights, health, psychology and education but also perpetuate poverty, adversely affecting economic growth; |
| --- | --- |

18.

Commends the fact that more and more states in the region have decided to raise the legal age of marriage for girls over the past decades (16 in Egypt, 18 in Morocco and 20 in Tunisia and Libya) and condemns any attempt to lower it again or to limit the impact of such reforms as early, and often forced, marriages are not only detrimental to girls’ rights, health, psychology and education but also perpetuate poverty, adversely affecting economic growth;

| 19. | Stresses that discrimination or violence of any kind against women or girls cannot be justified on grounds of culture, tradition or religion; |
| --- | --- |

19.

Stresses that discrimination or violence of any kind against women or girls cannot be justified on grounds of culture, tradition or religion;

| 20. | Underlines the need, especially when creating new health policies, to ease access to health and social protection and services for women and girls, particularly with regard to maternal, sexual and reproductive health and rights; calls on the national authorities to fully implement the ICPD, the Programme of Action and the UN development and population agenda and draws their attention to the conclusions of the report by the United Nations Population Fund (UNFPA) entitled ‘By choice, not by chance: family planning, human rights and development’; |
| --- | --- |

20.

Underlines the need, especially when creating new health policies, to ease access to health and social protection and services for women and girls, particularly with regard to maternal, sexual and reproductive health and rights; calls on the national authorities to fully implement the ICPD, the Programme of Action and the UN development and population agenda and draws their attention to the conclusions of the report by the United Nations Population Fund (UNFPA) entitled ‘By choice, not by chance: family planning, human rights and development’;

| 21. | Stresses the importance of specific actions to inform women about their rights and the importance of cooperation with civil society and state agencies in preparing reforms and implementing anti-discrimination laws; |
| --- | --- |

21.

Stresses the importance of specific actions to inform women about their rights and the importance of cooperation with civil society and state agencies in preparing reforms and implementing anti-discrimination laws;

Women’s participation in decision-making

| 22. | Emphasises that women’s active participation in public and political life, as protesters, voters, candidates and elected representatives, shows their willingness to exercise their rights as citizens to the full and to fight to build democracy; points out that recent events in the Arab Spring have shown that women can play important roles in revolutionary events; calls, therefore, for all the necessary steps to be taken, including positive measures and quotas, to ensure progress towards women’s equal participation in decision-making at all levels of government (from local to national, from executive to legislative powers); |
| --- | --- |

22.

Emphasises that women’s active participation in public and political life, as protesters, voters, candidates and elected representatives, shows their willingness to exercise their rights as citizens to the full and to fight to build democracy; points out that recent events in the Arab Spring have shown that women can play important roles in revolutionary events; calls, therefore, for all the necessary steps to be taken, including positive measures and quotas, to ensure progress towards women’s equal participation in decision-making at all levels of government (from local to national, from executive to legislative powers);

| 23. | Considers it of the utmost importance to increase the number of women participating in the drafting of laws in national parliaments with a view to ensuring more equitable legislative practices and a genuine democratic process; |
| --- | --- |

23.

Considers it of the utmost importance to increase the number of women participating in the drafting of laws in national parliaments with a view to ensuring more equitable legislative practices and a genuine democratic process;

| 24. | Supports the idea of many women parliamentarians in these countries that women’s rights and gender equality and the active participation of women in political, economic and social life by enhancing their skills and combating discrimination could better be promoted and implemented in legislation with the establishment of a women’s caucus or a special parliamentary gender equality committee, where one does not yet exist, to deal with the issue and ensure gender mainstreaming in parliamentary work; |
| --- | --- |

24.

Supports the idea of many women parliamentarians in these countries that women’s rights and gender equality and the active participation of women in political, economic and social life by enhancing their skills and combating discrimination could better be promoted and implemented in legislation with the establishment of a women’s caucus or a special parliamentary gender equality committee, where one does not yet exist, to deal with the issue and ensure gender mainstreaming in parliamentary work;

| 25. | Insists that the representation of women should be enhanced at all levels of decision-making, particularly in institutions, political parties, trade unions and the public sector (including the judiciary), and stresses that women are often well represented in a number of sectors but that are less present in high-level positions, partly due to the persisting gender discrimination and stereotypes and the glass ceiling phenomenon; |
| --- | --- |

25.

Insists that the representation of women should be enhanced at all levels of decision-making, particularly in institutions, political parties, trade unions and the public sector (including the judiciary), and stresses that women are often well represented in a number of sectors but that are less present in high-level positions, partly due to the persisting gender discrimination and stereotypes and the glass ceiling phenomenon;

| 26. | Considers that a democratic transition requires the implementation of gender-sensitive policies and mechanisms that ensure women’s full and equal participation in decision making in public life, be this in the political, economic, social or environmental sphere; |
| --- | --- |

26.

Considers that a democratic transition requires the implementation of gender-sensitive policies and mechanisms that ensure women’s full and equal participation in decision making in public life, be this in the political, economic, social or environmental sphere;

| 27. | Highlights the important role of education and the media in promoting changes in attitudes across society and adopting the democratic principles of respect for human dignity and partnership for both sexes; |
| --- | --- |

27.

Highlights the important role of education and the media in promoting changes in attitudes across society and adopting the democratic principles of respect for human dignity and partnership for both sexes;

| 28. | Stresses the importance of bringing more women into peace negotiation, mediation, internal reconciliation and peace building processes; |
| --- | --- |

28.

Stresses the importance of bringing more women into peace negotiation, mediation, internal reconciliation and peace building processes;

| 29. | Stresses the importance of establishing and funding training courses to prepare women for political leadership, and of any other measures which would help to empower women and to ensure that they participate fully in political, economic and social life; |
| --- | --- |

29.

Stresses the importance of establishing and funding training courses to prepare women for political leadership, and of any other measures which would help to empower women and to ensure that they participate fully in political, economic and social life;

Women’s empowerment

| 30. | Commends those countries where efforts in favour of girls’ education have been stepped up; reaffirms, nevertheless, that better access to education and remedial-catch up education, and especially to higher education, should be provided for women and girls; points out that some efforts remain to be done to eradicate women’s illiteracy, and that emphasis should be placed on vocational training including courses to promote women’s digital literacy; recommends the inclusion of gender equality in the education curricula; |
| --- | --- |

30.

Commends those countries where efforts in favour of girls’ education have been stepped up; reaffirms, nevertheless, that better access to education and remedial-catch up education, and especially to higher education, should be provided for women and girls; points out that some efforts remain to be done to eradicate women’s illiteracy, and that emphasis should be placed on vocational training including courses to promote women’s digital literacy; recommends the inclusion of gender equality in the education curricula;

| 31. | Stresses that the governments and parliaments of North African countries should make it a priority to ensure that girls have access to high-quality secondary and higher education, given that this is a means of boosting development and economic growth and guaranteeing democratic stability; |
| --- | --- |

31.

Stresses that the governments and parliaments of North African countries should make it a priority to ensure that girls have access to high-quality secondary and higher education, given that this is a means of boosting development and economic growth and guaranteeing democratic stability;

| 32. | Calls for policies taking account of the specific situation of the most vulnerable categories of women, including girls and, disabled women, as well as migrants, members of ethnic minorities, homosexuals and transsexuals; |
| --- | --- |

32.

Calls for policies taking account of the specific situation of the most vulnerable categories of women, including girls and, disabled women, as well as migrants, members of ethnic minorities, homosexuals and transsexuals;

| 33. | Highlights the fact that much more should be done to ensure women’s economic independence and encourage their participation in economic affairs, including in the agricultural and service sector; points out that economic independence for women empowers their resistance to violence and humiliation; considers that exchanges of best practice should be fostered at regional level between entrepreneurs, trade unions and civil society, in particular to support those women who are most disadvantaged in rural and poor urban areas; |
| --- | --- |

33.

Highlights the fact that much more should be done to ensure women’s economic independence and encourage their participation in economic affairs, including in the agricultural and service sector; points out that economic independence for women empowers their resistance to violence and humiliation; considers that exchanges of best practice should be fostered at regional level between entrepreneurs, trade unions and civil society, in particular to support those women who are most disadvantaged in rural and poor urban areas;

| 34. | Calls on the governments of the North African countries to encourage and support more female participation in the labour market and to take all the necessary measures to prevent gender discrimination in the work place; emphasises the need for tools that can enable women’s access to the labour market in areas traditionally closed for them; |
| --- | --- |

34.

Calls on the governments of the North African countries to encourage and support more female participation in the labour market and to take all the necessary measures to prevent gender discrimination in the work place; emphasises the need for tools that can enable women’s access to the labour market in areas traditionally closed for them;

| 35. | Recognises the role of the media in the promotion of issues regarding the situation of women and their role in society, as well as their influence on the attitudes of citizens in their countries; recommends the drawing up of an action plan aimed at supporting women in the media, both as a professional career path and as an opportunity for monitoring how women are represented on television, through the production of television programmes and the use of the new media (the internet and social networks) in order to encourage the political participation of women and propagate the notion that tradition and equal opportunities can be made to work harmoniously together; |
| --- | --- |

35.

Recognises the role of the media in the promotion of issues regarding the situation of women and their role in society, as well as their influence on the attitudes of citizens in their countries; recommends the drawing up of an action plan aimed at supporting women in the media, both as a professional career path and as an opportunity for monitoring how women are represented on television, through the production of television programmes and the use of the new media (the internet and social networks) in order to encourage the political participation of women and propagate the notion that tradition and equal opportunities can be made to work harmoniously together;

| 36. | Recommends that steps be taken to monitor the process of women’s empowerment, including with regard to respect for their rights as workers, in particular in industrial and service sectors, in rural and industrial urban areas, and to promote female entrepreneurship and equal pay; |
| --- | --- |

36.

Recommends that steps be taken to monitor the process of women’s empowerment, including with regard to respect for their rights as workers, in particular in industrial and service sectors, in rural and industrial urban areas, and to promote female entrepreneurship and equal pay;

| 37. | Points out that there is a positive correlation between the size of a country’s SME sector and the rate of economic growth; believes that micro-finance is a very useful tool to empower women, and recalls that investing in women also means investing in families and in communities and helps to eradicate poverty and social and economic unrest, and strengthens social cohesion in addition to giving women greater economic independence; recalls that micro-finance goes beyond credit and also implies management, financial and commercial advice and saving schemes; |
| --- | --- |

37.

Points out that there is a positive correlation between the size of a country’s SME sector and the rate of economic growth; believes that micro-finance is a very useful tool to empower women, and recalls that investing in women also means investing in families and in communities and helps to eradicate poverty and social and economic unrest, and strengthens social cohesion in addition to giving women greater economic independence; recalls that micro-finance goes beyond credit and also implies management, financial and commercial advice and saving schemes;

| 38. | Calls on national public authorities to devise framework policies on micro-finance in order to counter unintended consequences, such as over-indebtedness, which women may face owing to a lack of information or relevant legal provisions; |
| --- | --- |

38.

Calls on national public authorities to devise framework policies on micro-finance in order to counter unintended consequences, such as over-indebtedness, which women may face owing to a lack of information or relevant legal provisions;

| 39. | Encourages North African countries to establish support mechanisms for women entrepreneurs, including through the provision of relevant information, legal protection, and professional advancement and management training courses; |
| --- | --- |

39.

Encourages North African countries to establish support mechanisms for women entrepreneurs, including through the provision of relevant information, legal protection, and professional advancement and management training courses;

| 40. | Encourages the empowerment of women through exchange projects that will allow women’s organisations and individual female researchers from different countries to meet and to share experiences and lessons learnt, enabling them to come up with strategies and actions that can be replicated while taking account of differing needs and places of origin; |
| --- | --- |

40.

Encourages the empowerment of women through exchange projects that will allow women’s organisations and individual female researchers from different countries to meet and to share experiences and lessons learnt, enabling them to come up with strategies and actions that can be replicated while taking account of differing needs and places of origin;

| 41. | Underlines the importance of ensuring that programmes and actions for women’s empowerment in the region are based on three levels of intervention: first, at institutional level, by pushing for gender equality through reforms in the legal framework and new pieces of legislation, including the provision of technical support; secondly, by supporting civil society organisations that can advocate in favour of women’s rights and help increase their participation in the decision-making process; and, thirdly, by working directly at local community level, especially in rural areas, with the aim of changing social behaviours and traditions and opening up spaces for women in the social, economic and political life of their communities; |
| --- | --- |

41.

Underlines the importance of ensuring that programmes and actions for women’s empowerment in the region are based on three levels of intervention: first, at institutional level, by pushing for gender equality through reforms in the legal framework and new pieces of legislation, including the provision of technical support; secondly, by supporting civil society organisations that can advocate in favour of women’s rights and help increase their participation in the decision-making process; and, thirdly, by working directly at local community level, especially in rural areas, with the aim of changing social behaviours and traditions and opening up spaces for women in the social, economic and political life of their communities;

European Neighbourhood Policy/EU action

| 42. | Stresses that the ENPI should put women’s rights, gender equality and women empowerment at the heart of its programmes, as they are one of the key indicators to assess progress in democratisation and human rights; considers that gender equality should be prioritised in each country strategy paper and national indicative programme; |
| --- | --- |

42.

Stresses that the ENPI should put women’s rights, gender equality and women empowerment at the heart of its programmes, as they are one of the key indicators to assess progress in democratisation and human rights; considers that gender equality should be prioritised in each country strategy paper and national indicative programme;

| 43. | Calls on the Commission to continue and to strengthen the mainstreaming of gender issues in the various EU interventions, whatever their core topic, and encourages the Commission to continue to cooperate with international organisations as implementers, such as UN Women; |
| --- | --- |

43.

Calls on the Commission to continue and to strengthen the mainstreaming of gender issues in the various EU interventions, whatever their core topic, and encourages the Commission to continue to cooperate with international organisations as implementers, such as UN Women;

| 44. | Encourages the Commission to adopt a gender mainstreaming approach when drafting country roadmaps for engaging with civil society organisations in North African countries, with the aim of reducing gender inequities and creating the conditions for the equitable participation of women and men in decision-making processes; |
| --- | --- |

44.

Encourages the Commission to adopt a gender mainstreaming approach when drafting country roadmaps for engaging with civil society organisations in North African countries, with the aim of reducing gender inequities and creating the conditions for the equitable participation of women and men in decision-making processes;

| 45. | Calls on the VP/HR to deepen the dialogue with Arab regional institutions so as to ensure that they play a leading role in mainstreaming women’s rights and related policies across the region; |
| --- | --- |

45.

Calls on the VP/HR to deepen the dialogue with Arab regional institutions so as to ensure that they play a leading role in mainstreaming women’s rights and related policies across the region;

| 46. | Calls on the VP/HR and the Commission to implement the joint work programme on cooperation signed with the League of Arab Sates, in particular regarding women’s empowerment and human rights; |
| --- | --- |

46.

Calls on the VP/HR and the Commission to implement the joint work programme on cooperation signed with the League of Arab Sates, in particular regarding women’s empowerment and human rights;

| 47. | Calls on the Commission to reinforce the financial envelope providing support for women in the region; believes that this support should continue to take into account both the specificities of each country and the common problems affecting them at regional level, e.g. at political and economic level, seeking complementarity between regional and bilateral programmes; |
| --- | --- |

47.

Calls on the Commission to reinforce the financial envelope providing support for women in the region; believes that this support should continue to take into account both the specificities of each country and the common problems affecting them at regional level, e.g. at political and economic level, seeking complementarity between regional and bilateral programmes;

| 48. | Calls on the Commission to encourage the development of leadership programmes for female opinion leaders and for leaders in the business and finance sector and to provide further support for existing programmes in this area; |
| --- | --- |

48.

Calls on the Commission to encourage the development of leadership programmes for female opinion leaders and for leaders in the business and finance sector and to provide further support for existing programmes in this area;

| 49. | Considers that women’s rights and gender equality should be adequately taken into account in the commitments made by partners in accordance with the ‘more for more’ principle of the renewed Neighbourhood Policy; calls, therefore, on the VP/HR and the Commission to develop clear criteria in order to guarantee and monitor progress, through a transparent and inclusive process, including in consultation with women’s rights and civil society organisations; |
| --- | --- |

49.

Considers that women’s rights and gender equality should be adequately taken into account in the commitments made by partners in accordance with the ‘more for more’ principle of the renewed Neighbourhood Policy; calls, therefore, on the VP/HR and the Commission to develop clear criteria in order to guarantee and monitor progress, through a transparent and inclusive process, including in consultation with women’s rights and civil society organisations;

| 50. | Calls on the EU Special Representative for Human Rights to pay special attention to women’s rights in North Africa, in line with the reviewed EU Human Rights Strategy; |
| --- | --- |

50.

Calls on the EU Special Representative for Human Rights to pay special attention to women’s rights in North Africa, in line with the reviewed EU Human Rights Strategy;

| 51. | Highlights the importance of encouraging the participation of women in the electoral process and calls on the authorities of the countries concerned, therefore, to adopt constitutional provisions entitling women to participate and removing the obstacles preventing them from participating in the true sense; calls on the EU to work closely with the national governments in order to provide them with best practices regarding the training of women regarding their political and electoral rights; recalls that this should be done throughout the electoral cycle through assistance programmes and should be closely monitored by the EU EOM, if need be; |
| --- | --- |

51.

Highlights the importance of encouraging the participation of women in the electoral process and calls on the authorities of the countries concerned, therefore, to adopt constitutional provisions entitling women to participate and removing the obstacles preventing them from participating in the true sense; calls on the EU to work closely with the national governments in order to provide them with best practices regarding the training of women regarding their political and electoral rights; recalls that this should be done throughout the electoral cycle through assistance programmes and should be closely monitored by the EU EOM, if need be;

| 52. | Calls on the Commission to continue monitoring the way in which North African countries are implementing the recommendations on women’s rights made by EU election observation missions and to submit a report to Parliament; |
| --- | --- |

52.

Calls on the Commission to continue monitoring the way in which North African countries are implementing the recommendations on women’s rights made by EU election observation missions and to submit a report to Parliament;

| 53. | Calls on the VP/HR and the Commission to address discrimination against women workers' rights in labour law when holding political and policy dialogue meetings with North African countries, in line with the ‘more for more’ principle, and to promote women’s participation in trade unions; |
| --- | --- |

53.

Calls on the VP/HR and the Commission to address discrimination against women workers' rights in labour law when holding political and policy dialogue meetings with North African countries, in line with the ‘more for more’ principle, and to promote women’s participation in trade unions;

| 54. | Calls on the Commission and other donors to promote programmes aimed at ensuring equal access to labour markets and training for all women, and to increase the financial resources allocated to support capacity-building for women’s civil society organisations and networks at national and regional levels; |
| --- | --- |

54.

Calls on the Commission and other donors to promote programmes aimed at ensuring equal access to labour markets and training for all women, and to increase the financial resources allocated to support capacity-building for women’s civil society organisations and networks at national and regional levels;

| 55. | Urges the Commission to highlight positive examples of female entrepreneurship involving women from North African countries, or from organisations comprising female European and North African entrepreneurs, including in the technological and industrial sectors; calls, therefore, on the Commission to establish means of disseminating the relevant information so as to ensure that the fullest possible use is made of the experience gained in order to promote and raise awareness of the development potential of such activities in communities which have less dynamic economies; |
| --- | --- |

55.

Urges the Commission to highlight positive examples of female entrepreneurship involving women from North African countries, or from organisations comprising female European and North African entrepreneurs, including in the technological and industrial sectors; calls, therefore, on the Commission to establish means of disseminating the relevant information so as to ensure that the fullest possible use is made of the experience gained in order to promote and raise awareness of the development potential of such activities in communities which have less dynamic economies;

| 56. | Calls on the Commission, when conducting impact assessments with respect to countries with which a ‘deep and comprehensive free trade agreement’ is under negotiation, to take into account the agreement’s potential social impact and potential effects on human rights, especially on the rights of women, including in the informal sector; |
| --- | --- |

56.

Calls on the Commission, when conducting impact assessments with respect to countries with which a ‘deep and comprehensive free trade agreement’ is under negotiation, to take into account the agreement’s potential social impact and potential effects on human rights, especially on the rights of women, including in the informal sector;

| 57. | Calls on the Commission to support measures to ensure that the specific needs of women in crisis and conflict situations, including their exposure to gender-based violence, are immediately and adequately met; |
| --- | --- |

57.

Calls on the Commission to support measures to ensure that the specific needs of women in crisis and conflict situations, including their exposure to gender-based violence, are immediately and adequately met;

| 58. | Calls on the VP/HR and the Commission to guarantee an enabling environment for civil society to freely operate and participate in democratic changes when holding political and policy dialogue meetings with North African countries; |
| --- | --- |

58.

Calls on the VP/HR and the Commission to guarantee an enabling environment for civil society to freely operate and participate in democratic changes when holding political and policy dialogue meetings with North African countries;

| 59. | Calls on the Commission to reinforce the staff dedicated to gender issues in the EU delegations of the region and to guarantee that women and NGOs are involved in the consultation process around the programming; |
| --- | --- |

59.

Calls on the Commission to reinforce the staff dedicated to gender issues in the EU delegations of the region and to guarantee that women and NGOs are involved in the consultation process around the programming;

| 60. | Welcomes the fact that UN Women has set up offices in North Africa and encourages the EU delegations in the countries concerned to further work with the UN offices to produce measures to guarantee gender equality and promote women’s rights in the wake of the Arab Spring; |
| --- | --- |

60.

Welcomes the fact that UN Women has set up offices in North Africa and encourages the EU delegations in the countries concerned to further work with the UN offices to produce measures to guarantee gender equality and promote women’s rights in the wake of the Arab Spring;

| 61. | Calls on the Commission to encourage the creation of and to finance counselling centres and ‘women’s houses’, where women can obtain advice on any issue, from political rights to legal counselling, through health and protection against domestic violence, as a holistic approach is helpful to women but also more discreet when it comes to violence; |
| --- | --- |

61.

Calls on the Commission to encourage the creation of and to finance counselling centres and ‘women’s houses’, where women can obtain advice on any issue, from political rights to legal counselling, through health and protection against domestic violence, as a holistic approach is helpful to women but also more discreet when it comes to violence;

| 62. | Encourages national authorities in North Africa to set up awareness raising programmes on domestic violence in combination with the development of refuges for women who have, or are presently experiencing domestic violence; |
| --- | --- |

62.

Encourages national authorities in North Africa to set up awareness raising programmes on domestic violence in combination with the development of refuges for women who have, or are presently experiencing domestic violence;

| 63. | Calls on the authorities in North African countries to ensure suitable medical and psychological support, free legal services and access to justice and to complaint mechanisms for female victims of and witnesses to violence; |
| --- | --- |

63.

Calls on the authorities in North African countries to ensure suitable medical and psychological support, free legal services and access to justice and to complaint mechanisms for female victims of and witnesses to violence;

| 64. | Recalls that support for civil society, NGOs and women’s organisations should also be provided through the UfM mechanisms; calls on the Commission to facilitate cooperation between women’s organisations in the EU and their counterparts in North Africa; |
| --- | --- |

64.

Recalls that support for civil society, NGOs and women’s organisations should also be provided through the UfM mechanisms; calls on the Commission to facilitate cooperation between women’s organisations in the EU and their counterparts in North Africa;

| 65. | Calls on the Commission to support the efforts in Northern African countries towards building deep and sustainable democracy based on respect for human rights, fundamental freedoms, women’s rights, principles of equality between men and women, non-discrimination and the rule of law; stresses the need to support the development of active citizenship in the region through technical and financial support to civil society in order to help create a democratic political culture; |
| --- | --- |

65.

Calls on the Commission to support the efforts in Northern African countries towards building deep and sustainable democracy based on respect for human rights, fundamental freedoms, women’s rights, principles of equality between men and women, non-discrimination and the rule of law; stresses the need to support the development of active citizenship in the region through technical and financial support to civil society in order to help create a democratic political culture;

| 66. | Calls on the Commission to ensure full transparency in trade negotiations, including on all background information, based on which trade agreements are proposed; stresses that women’s groups and civil society organisations should be actively engaged all along the process; |
| --- | --- |

66.

Calls on the Commission to ensure full transparency in trade negotiations, including on all background information, based on which trade agreements are proposed; stresses that women’s groups and civil society organisations should be actively engaged all along the process;

| 67. | Calls on the Parliamentary Assembly of the UfM to dedicate a session every year in March to the situation of women in the region; |
| --- | --- |

67.

Calls on the Parliamentary Assembly of the UfM to dedicate a session every year in March to the situation of women in the region;

| 68. | Calls on the Commission to promote the reinforcing of the Istanbul-Marrakesh process and to support programmes that promote dialogue between civil society and governments in the Euro-Med region; |
| --- | --- |

68.

Calls on the Commission to promote the reinforcing of the Istanbul-Marrakesh process and to support programmes that promote dialogue between civil society and governments in the Euro-Med region;

| 69. | Believes that the newly established European Endowment for Democracy (EED) should devote special attention to women’s involvement in the democratic reform processes in North Africa, by supporting women’s organisations and projects in gender-sensitive areas such as encouraging intercultural and inter-religious dialogue, combating violence, generating employment, promoting cultural and political participation, extending equal access to justice, health services and education for women and girls, and preventing or ending existing discrimination against women and violations of women’s rights; |
| --- | --- |

69.

Believes that the newly established European Endowment for Democracy (EED) should devote special attention to women’s involvement in the democratic reform processes in North Africa, by supporting women’s organisations and projects in gender-sensitive areas such as encouraging intercultural and inter-religious dialogue, combating violence, generating employment, promoting cultural and political participation, extending equal access to justice, health services and education for women and girls, and preventing or ending existing discrimination against women and violations of women’s rights;

| 70. | Urges the Commission and the Members States, and especially the EU Anti-trafficking Coordinator, to take into account and have a common front in the coordination of EU external policy activities in the framework of the EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016; considers that North African national authorities should, as and when possible, be encouraged to liaise with other states in the region to combat trafficking in human beings; |
| --- | --- |

70.

Urges the Commission and the Members States, and especially the EU Anti-trafficking Coordinator, to take into account and have a common front in the coordination of EU external policy activities in the framework of the EU Strategy towards the Eradication of Trafficking in Human Beings 2012–2016; considers that North African national authorities should, as and when possible, be encouraged to liaise with other states in the region to combat trafficking in human beings;

| 71. | Calls on the Commission to support women’s projects and strengthen women’s networks in universities, the media, cultural bodies, the film industry and other creative sectors, and insists on the importance of enhancing cultural relations between both shores of the Mediterranean, including through the social media, digital platforms and satellite transmission; |
| --- | --- |

71.

Calls on the Commission to support women’s projects and strengthen women’s networks in universities, the media, cultural bodies, the film industry and other creative sectors, and insists on the importance of enhancing cultural relations between both shores of the Mediterranean, including through the social media, digital platforms and satellite transmission;

| 72. | Calls on the governments and authorities of the Member States to put women’s rights at the centre of their bilateral diplomatic and trade relations with the North African countries; |
| --- | --- |

72.

Calls on the governments and authorities of the Member States to put women’s rights at the centre of their bilateral diplomatic and trade relations with the North African countries;

| 73. | Calls on the Commission to strengthen higher education exchange programmes, such as Erasmus Mundus, and to encourage the participation of young women; calls also for the development of interregional cooperation (be it through twinning or ‘peer-to-peer’ exchanges) between regions from the northern and southern Mediterranean; |
| --- | --- |

73.

Calls on the Commission to strengthen higher education exchange programmes, such as Erasmus Mundus, and to encourage the participation of young women; calls also for the development of interregional cooperation (be it through twinning or ‘peer-to-peer’ exchanges) between regions from the northern and southern Mediterranean;

| 74. | Welcomes the Mobility Partnerships insofar as they facilitate exchanges and help to manage migration in a human and dignified way; |
| --- | --- |

74.

Welcomes the Mobility Partnerships insofar as they facilitate exchanges and help to manage migration in a human and dignified way;

o

o o

| 75. | Instructs its President to forward this resolution to the Council, the Commission and the governments of the Member States. |
| --- | --- |

75.

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

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(1)  Resolution 1873 (2012), adopted by the Assembly on 24 April 2012 (13th Sitting).

(2)  OJ C 188 E, 28.6.2012, p. 26.

(3)  OJ C 199 E, 7.7.2012, p. 158.

(4)  OJ C 296 E, 2.10.2012, p. 114.

(5)  OJ C 296 E, 2.10.2012, p. 126.

(6)  Texts adopted, P7_TA(2012)0069.

(7)  Texts adopted, P7_TA(2012)0113.

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| 29.1.2016 | EN | Official Journal of the European Union | C 36/36 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/36

---

P7_TA(2013)0076

Financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for 2014-2020

European Parliament resolution of 12 March 2013 on the preparation of the multiannual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014–2020 period (11th European Development Fund) (2012/2222(INI))

(2016/C 036/05)

The European Parliament,

| — | having regard to the Cotonou Agreement between the African, Caribbean and Pacific (ACP) States and the European Community (EC) and its Member States, signed on 23 June 2000 (1), |
| --- | --- |

—

having regard to the Cotonou Agreement between the African, Caribbean and Pacific (ACP) States and the European Community (EC) and its Member States, signed on 23 June 2000 (1),

| — | having regard to Part IV of the Treaty on the Functioning of the European Union (TFEU) and the Overseas Association Decision (OAD) of 27 November 2001 (2) associating the EU (previously the EC) with various overseas countries and territories (OCTs), |
| --- | --- |

—

having regard to Part IV of the Treaty on the Functioning of the European Union (TFEU) and the Overseas Association Decision (OAD) of 27 November 2001 (2) associating the EU (previously the EC) with various overseas countries and territories (OCTs),

| — | having regard to the proposal for a Council Decision on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’) (COM(2012)0362), adopted by the Commission on 16 July 2012 and currently under negotiation in the Council, |
| --- | --- |

—

having regard to the proposal for a Council Decision on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’) (COM(2012)0362), adopted by the Commission on 16 July 2012 and currently under negotiation in the Council,

| — | having regard to the Commission communication of 7 December 2011 entitled ‘Preparation of the multiannual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014–2020 period (11th European Development Fund)’ (COM(2011)0837), |
| --- | --- |

—

having regard to the Commission communication of 7 December 2011 entitled ‘Preparation of the multiannual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014–2020 period (11th European Development Fund)’ (COM(2011)0837),

| — | having regard to the Commission communication of 13 October 2011 entitled ‘Increasing the impact of EU Development Policy: an Agenda for Change’ (COM(2011)0637), |
| --- | --- |

—

having regard to the Commission communication of 13 October 2011 entitled ‘Increasing the impact of EU Development Policy: an Agenda for Change’ (COM(2011)0637),

| — | having regard to the Commission communication of 21 June 2001 entitled ‘Programme of Action for the mainstreaming of gender equality in Community Development Co-operation’ (COM(2001)0295), |
| --- | --- |

—

having regard to the Commission communication of 21 June 2001 entitled ‘Programme of Action for the mainstreaming of gender equality in Community Development Co-operation’ (COM(2001)0295),

| — | having regard to the Commission communication of 12 September 2012 entitled ‘The roots of democracy and sustainable development: Europe’s engagement with Civil Society in external relations’ (COM(2012)0492), |
| --- | --- |

—

having regard to the Commission communication of 12 September 2012 entitled ‘The roots of democracy and sustainable development: Europe’s engagement with Civil Society in external relations’ (COM(2012)0492),

| — | having regard to the Commission communication of 29 June 2011 entitled ‘A Budget for Europe 2020’ (COM(2011)0500), |
| --- | --- |

—

having regard to the Commission communication of 29 June 2011 entitled ‘A Budget for Europe 2020’ (COM(2011)0500),

| — | having regard to the European Consensus on Development of 20 December 2005 and the European road map for development and the resulting guidelines, |
| --- | --- |

—

having regard to the European Consensus on Development of 20 December 2005 and the European road map for development and the resulting guidelines,

| — | having regard to the European Consensus on humanitarian aid of 18 December 2007, |
| --- | --- |

—

having regard to the European Consensus on humanitarian aid of 18 December 2007,

| — | having regard to the Council conclusions of 29 June 2012 and 15 October 2012, |
| --- | --- |

—

having regard to the Council conclusions of 29 June 2012 and 15 October 2012,

| — | having regard to Article 32 of the United Nations Convention on the Rights of Persons with Disabilities, ratified by the European Union on 23 December 2010, |
| --- | --- |

—

having regard to Article 32 of the United Nations Convention on the Rights of Persons with Disabilities, ratified by the European Union on 23 December 2010,

| — | having regard to the ACP-EU Joint Parliamentary Assembly resolution on the inclusion of persons with disabilities in developing countries (ACP-EU/100.954/11), |
| --- | --- |

—

having regard to the ACP-EU Joint Parliamentary Assembly resolution on the inclusion of persons with disabilities in developing countries (ACP-EU/100.954/11),

| — | having regard to the European Union Plan of Action on Gender Equality and Women’s Empowerment in Development (2010-2015), |
| --- | --- |

—

having regard to the European Union Plan of Action on Gender Equality and Women’s Empowerment in Development (2010-2015),

| — | having regard to the European Union guidelines on violence against women and girls and combating all forms of discrimination against them, |
| --- | --- |

—

having regard to the European Union guidelines on violence against women and girls and combating all forms of discrimination against them,

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Development and the opinions of the Committee on Budgets and the Committee on Women’s Rights and Gender Equality (A7-0049/2013), |
| --- | --- |

—

having regard to the report of the Committee on Development and the opinions of the Committee on Budgets and the Committee on Women’s Rights and Gender Equality (A7-0049/2013),

| A. | whereas the Internal Agreement establishing the 10th EDF will expire on 31 December 2013, and whereas the Commission has included in its communication (COM(2011)0837) a draft internal agreement to replace the existing agreement as from 1 January 2014; |
| --- | --- |

A.

whereas the Internal Agreement establishing the 10th EDF will expire on 31 December 2013, and whereas the Commission has included in its communication (COM(2011)0837) a draft internal agreement to replace the existing agreement as from 1 January 2014;

| B. | whereas the draft internal agreement for the 2014-2020 period is currently under negotiation in the Council without the participation of Parliament; whereas, however, there is nothing to prevent Parliament from drafting an own-initiative report on the 11th EDF on the basis of the Commission communication containing the draft internal agreement; |
| --- | --- |

B.

whereas the draft internal agreement for the 2014-2020 period is currently under negotiation in the Council without the participation of Parliament; whereas, however, there is nothing to prevent Parliament from drafting an own-initiative report on the 11th EDF on the basis of the Commission communication containing the draft internal agreement;

| C. | whereas the Commission is not planning to include the EDF in the budget in 2014, but only from 2021 onwards, which is highly regrettable; whereas, however, that budgetisation should be prepared now to avoid a reduction in funding for the EU-ACP partnership and development aid in general; |
| --- | --- |

C.

whereas the Commission is not planning to include the EDF in the budget in 2014, but only from 2021 onwards, which is highly regrettable; whereas, however, that budgetisation should be prepared now to avoid a reduction in funding for the EU-ACP partnership and development aid in general;

| D. | whereas the 11th EDF needs to have sufficient funding to ensure that the Union honours the undertakings made at international level concerning development and devotes 0,7 % of its GDP to development aid, thus contributing to the attainment of the Millennium Development Goals (MDGs); |
| --- | --- |

D.

whereas the 11th EDF needs to have sufficient funding to ensure that the Union honours the undertakings made at international level concerning development and devotes 0,7 % of its GDP to development aid, thus contributing to the attainment of the Millennium Development Goals (MDGs);

| E. | whereas the MDG progress reports show that progress has been uneven and that, in particular, the MDGs relating to maternal and child health will not be achieved by 2015 in most ACP countries; |
| --- | --- |

E.

whereas the MDG progress reports show that progress has been uneven and that, in particular, the MDGs relating to maternal and child health will not be achieved by 2015 in most ACP countries;

| F. | whereas the financial proposals for the 2014-2020 period, currently under discussion in the Council, have worrying implications for the future of European development policy, but also for the association linking the OCTs and the EU; |
| --- | --- |

F.

whereas the financial proposals for the 2014-2020 period, currently under discussion in the Council, have worrying implications for the future of European development policy, but also for the association linking the OCTs and the EU;

| G. | whereas EU aid is increasingly effective, even though considerable progress still needs to be made, and whereas Community measures to promote international solidarity have the support of more than three-quarters of European citizens; |
| --- | --- |

G.

whereas EU aid is increasingly effective, even though considerable progress still needs to be made, and whereas Community measures to promote international solidarity have the support of more than three-quarters of European citizens;

| H. | whereas innovative forms of funding, designed to increase official development assistance by ensuring that the business and financial sectors make a fairer contribution, are essential; |
| --- | --- |

H.

whereas innovative forms of funding, designed to increase official development assistance by ensuring that the business and financial sectors make a fairer contribution, are essential;

| I. | whereas donors should stop urging partner countries to accept the ownership principle at the same time as depriving them of the funding they need to consolidate their institutions and public services; |
| --- | --- |

I.

whereas donors should stop urging partner countries to accept the ownership principle at the same time as depriving them of the funding they need to consolidate their institutions and public services;

| J. | whereas developing countries urgently need to establish tax systems based on their citizens' ability to pay; |
| --- | --- |

J.

whereas developing countries urgently need to establish tax systems based on their citizens' ability to pay;

| K. | whereas the Commission, in its communication on the Agenda for Change, called for the principle of differentiation to be applied to the allocation of European development policy funds, of which the 11th EDF is a part, and introduced the principles of sectoral concentration, combined grant/loan funding and support for the private sector; |
| --- | --- |

K.

whereas the Commission, in its communication on the Agenda for Change, called for the principle of differentiation to be applied to the allocation of European development policy funds, of which the 11th EDF is a part, and introduced the principles of sectoral concentration, combined grant/loan funding and support for the private sector;

| L. | whereas the European Consensus on Development and the Cotonou Agreement recognise the primary role of civil society organisations (CSOs) and local and regional authorities (LRAs) in efforts to tackle poverty and promote good governance; |
| --- | --- |

L.

whereas the European Consensus on Development and the Cotonou Agreement recognise the primary role of civil society organisations (CSOs) and local and regional authorities (LRAs) in efforts to tackle poverty and promote good governance;

| M. | whereas the OAD proposal takes account of the specific challenges facing OCTs, which differ from those confronting ACP states; whereas the OCTs should therefore no longer be covered by the EDF, but by an ad hoc financial instrument entered in the EU budget; |
| --- | --- |

M.

whereas the OAD proposal takes account of the specific challenges facing OCTs, which differ from those confronting ACP states; whereas the OCTs should therefore no longer be covered by the EDF, but by an ad hoc financial instrument entered in the EU budget;

| N. | whereas the Partnership Agreement 2000/483/EC between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other, signed in Cotonou on 23 June 2000, stipulates that ‘systematic account shall be taken of the situation of women and gender issues in all areas — political, economic and social’; |
| --- | --- |

N.

whereas the Partnership Agreement 2000/483/EC between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other, signed in Cotonou on 23 June 2000, stipulates that ‘systematic account shall be taken of the situation of women and gender issues in all areas — political, economic and social’;

| O. | whereas the European Union’s Plan of Action recognises the importance of women’s involvement and a gender equality perspective for the development of its partner countries and for achieving the MDGs; whereas gender equality is one of the priorities for EU action under the ‘Agenda for Change’; |
| --- | --- |

O.

whereas the European Union’s Plan of Action recognises the importance of women’s involvement and a gender equality perspective for the development of its partner countries and for achieving the MDGs; whereas gender equality is one of the priorities for EU action under the ‘Agenda for Change’;

Objectives of the 11th EDF

| 1. | Notes that the main objectives of European development policy (under Article 208 TFEU), the Cotonou Agreement and the European Consensus on Development are to reduce and, ultimately, to eradicate poverty; stresses, therefore, that at least 90 % of the appropriations under the 11th EDF for ACP states should meet the official development aid (ODA) criteria, as laid down by the OECD’s Development Assistance Committee; |
| --- | --- |

1.

Notes that the main objectives of European development policy (under Article 208 TFEU), the Cotonou Agreement and the European Consensus on Development are to reduce and, ultimately, to eradicate poverty; stresses, therefore, that at least 90 % of the appropriations under the 11th EDF for ACP states should meet the official development aid (ODA) criteria, as laid down by the OECD’s Development Assistance Committee;

| 2. | Considers that, in order to meet that objective, more needs to be done to ensure that the Millennium Development Goals (MDGs) on which the least progress is being made are met, in particular those concerning the most vulnerable groups in society and gender issues, as stipulated by Articles 22, 25 and 31 of the Cotonou Agreement; reiterates its support for the MDG initiative and contracts, and calls on the Commission and Member States, in agreement with the ACP States, to earmark 20 % of the 11th EDF budget for the provision of basic social services, particularly health care and basic education, to ensure that MDGs 2, 3, 4, 5 and 6 and other international commitments concerning development are met; calls, therefore, for the performance indicators linked to gender equality proposed in the ‘Programme of Action for the mainstreaming of gender equality in Community Development Co-operation’ to be applied to the 11th EDF and its programming in order to ensure that the specific actions and the measures to promote gender equality in all programmes are implemented in an appropriate and consistent manner; |
| --- | --- |

2.

Considers that, in order to meet that objective, more needs to be done to ensure that the Millennium Development Goals (MDGs) on which the least progress is being made are met, in particular those concerning the most vulnerable groups in society and gender issues, as stipulated by Articles 22, 25 and 31 of the Cotonou Agreement; reiterates its support for the MDG initiative and contracts, and calls on the Commission and Member States, in agreement with the ACP States, to earmark 20 % of the 11th EDF budget for the provision of basic social services, particularly health care and basic education, to ensure that MDGs 2, 3, 4, 5 and 6 and other international commitments concerning development are met; calls, therefore, for the performance indicators linked to gender equality proposed in the ‘Programme of Action for the mainstreaming of gender equality in Community Development Co-operation’ to be applied to the 11th EDF and its programming in order to ensure that the specific actions and the measures to promote gender equality in all programmes are implemented in an appropriate and consistent manner;

| 3. | Urges the Commission and the partner countries to prioritise aid to strengthen health systems in order to ensure access to basic maternal, reproductive and child healthcare, with particular emphasis on the poorest sections of the population and the fight against HIV/AIDS, recalling that these objectives are Millennium Development Goals on which progress has been disappointing in many ACP countries; |
| --- | --- |

3.

Urges the Commission and the partner countries to prioritise aid to strengthen health systems in order to ensure access to basic maternal, reproductive and child healthcare, with particular emphasis on the poorest sections of the population and the fight against HIV/AIDS, recalling that these objectives are Millennium Development Goals on which progress has been disappointing in many ACP countries;

| 4. | Considers that, in order to meet the above objective, it is essential to include the most vulnerable groups in society, including but not limited to, women, children, and persons with disabilities, in all projects aimed at poverty eradication, both in the programming and implementation and evaluation phases; |
| --- | --- |

4.

Considers that, in order to meet the above objective, it is essential to include the most vulnerable groups in society, including but not limited to, women, children, and persons with disabilities, in all projects aimed at poverty eradication, both in the programming and implementation and evaluation phases;

| 5. | Welcomes the Commission’s intention to act in a more strategic and coordinated manner on issues of social protection in developing countries, and calls for the development, in partnership with the ACP countries, of integrated social protection policies which also take into account support for basic mechanisms such as the creation of social security floors under the 11th EDF; |
| --- | --- |

5.

Welcomes the Commission’s intention to act in a more strategic and coordinated manner on issues of social protection in developing countries, and calls for the development, in partnership with the ACP countries, of integrated social protection policies which also take into account support for basic mechanisms such as the creation of social security floors under the 11th EDF;

Promoting the economic and social development of the OCTs

| 6. | Recalls that the EDF finances not only the ACP-EU partnership, but also the OCT-EU association arrangements, which cover 26 OCTs; |
| --- | --- |

6.

Recalls that the EDF finances not only the ACP-EU partnership, but also the OCT-EU association arrangements, which cover 26 OCTs;

| 7. | Welcomes the fact that the OAD proposal recognises the need to develop a new long-term partnership with the OCTs, centred around four new objectives:






  — | boosting the competitiveness of the OCTs; |
| --- | --- | --- |

7.

Welcomes the fact that the OAD proposal recognises the need to develop a new long-term partnership with the OCTs, centred around four new objectives:

—

boosting the competitiveness of the OCTs;

| — | strengthening their adaptability; |
| --- | --- |

—

strengthening their adaptability;

| — | reducing their vulnerability, |
| --- | --- |

—

reducing their vulnerability,

| — | promoting their cooperation with other partners; |
| --- | --- |

—

promoting their cooperation with other partners;

| 8. | Regrets the absence of a financial instrument dedicated to the OCTs that could be integrated in the Union budget so as to allow democratic, transparent control over funding allocated by that means; |
| --- | --- |

8.

Regrets the absence of a financial instrument dedicated to the OCTs that could be integrated in the Union budget so as to allow democratic, transparent control over funding allocated by that means;

| 9. | Calls for better cooperation between the outermost regions, the ACP States and third countries neighbouring OCTs, the combined use of the various financial instruments applicable to these regions, states and countries, and better access for the OCTs and outermost regions, as observers, to the plenary sessions of the ACP-EU Joint Parliamentary Assembly, in accordance with the Assembly's Rules of Procedure; |
| --- | --- |

9.

Calls for better cooperation between the outermost regions, the ACP States and third countries neighbouring OCTs, the combined use of the various financial instruments applicable to these regions, states and countries, and better access for the OCTs and outermost regions, as observers, to the plenary sessions of the ACP-EU Joint Parliamentary Assembly, in accordance with the Assembly's Rules of Procedure;

Budgetisation and financial allocation

| 10. | Calls once again for the budgetisation of the European Development Fund (EDF) in the next programming period and default from 2021, with the full transfer to Section 4 of PSC (‘Europe in the world’), as this would contribute to the more effective promotion of Union priorities and thematic support and would enhance the democratic scrutiny, visibility and predictability, as well as the consistency, of the EU’s actions as the world’s largest donor of development aid; |
| --- | --- |

10.

Calls once again for the budgetisation of the European Development Fund (EDF) in the next programming period and default from 2021, with the full transfer to Section 4 of PSC (‘Europe in the world’), as this would contribute to the more effective promotion of Union priorities and thematic support and would enhance the democratic scrutiny, visibility and predictability, as well as the consistency, of the EU’s actions as the world’s largest donor of development aid;

| 11. | Calls on the Commission to ensure that the budgetisation of the EDF proceeds as smoothly as possible, by informing the European Parliament regularly of the progress made and liaising closely with the ACP countries, in order to ensure that they are involved in the future implementation of the EDF; |
| --- | --- |

11.

Calls on the Commission to ensure that the budgetisation of the EDF proceeds as smoothly as possible, by informing the European Parliament regularly of the progress made and liaising closely with the ACP countries, in order to ensure that they are involved in the future implementation of the EDF;

| 12. | Welcomes the fact that the contribution keys for the Member States for the 11th EDF are more similar to those used for the Union budget and that the programming period for the 11th EDF has been brought into line with the implementing period for the MFF; |
| --- | --- |

12.

Welcomes the fact that the contribution keys for the Member States for the 11th EDF are more similar to those used for the Union budget and that the programming period for the 11th EDF has been brought into line with the implementing period for the MFF;

| 13. | Supports the Commission’s proposal to earmark a total of EUR 30 319 000 000 (at 2011 prices) to the 11th EDF, and calls for the sums set aside for the 11th EDF and the other cooperation instruments, including the Development Cooperation Instrument (DCI), to be used to ensure that the Union’s official development aid (ODA) is maintained at its current level, or even increased, in order to help the Member States achieve their common objective of devoting 0,7 % of GDP to ODA; |
| --- | --- |

13.

Supports the Commission’s proposal to earmark a total of EUR 30 319 000 000 (at 2011 prices) to the 11th EDF, and calls for the sums set aside for the 11th EDF and the other cooperation instruments, including the Development Cooperation Instrument (DCI), to be used to ensure that the Union’s official development aid (ODA) is maintained at its current level, or even increased, in order to help the Member States achieve their common objective of devoting 0,7 % of GDP to ODA;

| 14. | Stresses the need, given that some ACP countries are at great risk from disasters, for a substantial investment in disaster risk reduction in development programmes financed by the EDF; stresses that this investment is essential to reduce needs following an emergency situation and increase the resilience of ACP countries; |
| --- | --- |

14.

Stresses the need, given that some ACP countries are at great risk from disasters, for a substantial investment in disaster risk reduction in development programmes financed by the EDF; stresses that this investment is essential to reduce needs following an emergency situation and increase the resilience of ACP countries;

| 15. | Deeply regrets the agreement concluded by the Member States on 8 February 2013, which provides for an 11 % reduction in the 11th EDF budget proposed in July 2012 by the Commission; draws attention to the glaring contradiction between the repeated undertakings given by the Council to meet development aid targets by 2015 and the substantial cuts made to international development appropriations in both national and Union budgets; |
| --- | --- |

15.

Deeply regrets the agreement concluded by the Member States on 8 February 2013, which provides for an 11 % reduction in the 11th EDF budget proposed in July 2012 by the Commission; draws attention to the glaring contradiction between the repeated undertakings given by the Council to meet development aid targets by 2015 and the substantial cuts made to international development appropriations in both national and Union budgets;

| 16. | Takes the view that, in making these budget cuts, the Union and its Member States, as the main ODA providers, will be held primarily responsible if the objective of reducing global poverty levels by half is not met by 2015; |
| --- | --- |

16.

Takes the view that, in making these budget cuts, the Union and its Member States, as the main ODA providers, will be held primarily responsible if the objective of reducing global poverty levels by half is not met by 2015;

| 17. | Emphasises the importance of the Union having a budget that is capable of meeting the challenges facing it, particularly in times of crisis, as that budget provides funding, in particular for development, that could not be made available at national level; calls, therefore, for the Union's budget to be funded from own resources, such as a financial transactions tax, so that the size of the budget is no longer just about the level of payment appropriations; |
| --- | --- |

17.

Emphasises the importance of the Union having a budget that is capable of meeting the challenges facing it, particularly in times of crisis, as that budget provides funding, in particular for development, that could not be made available at national level; calls, therefore, for the Union's budget to be funded from own resources, such as a financial transactions tax, so that the size of the budget is no longer just about the level of payment appropriations;

| 18. | Calls for the proportion of the EDF budget set aside for OCTs to be kept at the figure proposed by the Commission, whatever contribution scales and levels of appropriations are set for the 11th EDF; |
| --- | --- |

18.

Calls for the proportion of the EDF budget set aside for OCTs to be kept at the figure proposed by the Commission, whatever contribution scales and levels of appropriations are set for the 11th EDF;

| 19. | Urges that, under the 11th EDF, the proportion of resources devoted to the intra-ACP programme and regional programmes should be the same as that under the 10th EDF, also providing for a flexible reserve and ensuring maximum complementarity with the Pan-African programme planned as part of the future DCI, because this reserve will be used in part to finance the new scheme to absorb any exogenous shocks with an international dimension (in particular, financial, food or humanitarian crises) that may affect an ACP country, as well as emergency humanitarian aid; stresses the importance of these programmes, which can help to increase the level of preparedness of ACP countries in the event of a crisis, boost their resilience and improve coordination of emergency measures, rehabilitation and development; |
| --- | --- |

19.

Urges that, under the 11th EDF, the proportion of resources devoted to the intra-ACP programme and regional programmes should be the same as that under the 10th EDF, also providing for a flexible reserve and ensuring maximum complementarity with the Pan-African programme planned as part of the future DCI, because this reserve will be used in part to finance the new scheme to absorb any exogenous shocks with an international dimension (in particular, financial, food or humanitarian crises) that may affect an ACP country, as well as emergency humanitarian aid; stresses the importance of these programmes, which can help to increase the level of preparedness of ACP countries in the event of a crisis, boost their resilience and improve coordination of emergency measures, rehabilitation and development;

| 20. | Takes the view that approximately 5 % of the appropriations under the 11th EDF should be used to cover Commission support costs, so as to ensure that the instrument is managed effectively; |
| --- | --- |

20.

Takes the view that approximately 5 % of the appropriations under the 11th EDF should be used to cover Commission support costs, so as to ensure that the instrument is managed effectively;

Reform of European development policy and the 11th EDF

| 21. | Stresses that the Cotonou Agreement should continue to be the main reference framework for the 11th EDF; |
| --- | --- |

21.

Stresses that the Cotonou Agreement should continue to be the main reference framework for the 11th EDF;

| 22. | Takes the view that the application of the principle of differentiation to eligibility for funding under the 11th EDF will be beneficial only if the impact is offset by a vulnerability index that supplements the GDP criterion, incorporates a national poverty and inequality index, and takes account of the specific circumstances of Small Island Developing States (SIDS), pursuant to Article 2, last indent, of the Cotonou agreement; notes that ongoing close political dialogue is essential if our ACP partners are to accept the principle; |
| --- | --- |

22.

Takes the view that the application of the principle of differentiation to eligibility for funding under the 11th EDF will be beneficial only if the impact is offset by a vulnerability index that supplements the GDP criterion, incorporates a national poverty and inequality index, and takes account of the specific circumstances of Small Island Developing States (SIDS), pursuant to Article 2, last indent, of the Cotonou agreement; notes that ongoing close political dialogue is essential if our ACP partners are to accept the principle;

| 23. | Recognises, nevertheless, that the application of the principle of differentiation is a vital political tool which can be used to encourage middle and higher income ACP countries to establish a welfare state and devise national policies to redistribute wealth and tackle poverty and inequality; |
| --- | --- |

23.

Recognises, nevertheless, that the application of the principle of differentiation is a vital political tool which can be used to encourage middle and higher income ACP countries to establish a welfare state and devise national policies to redistribute wealth and tackle poverty and inequality;

| 24. | Stresses the importance of maintaining all the national budgets at their current levels under the 11th EDF, given that European development aid can still have a decisive impact in some middle and higher income ACP countries, in order to support reforms aimed at reducing inequality; |
| --- | --- |

24.

Stresses the importance of maintaining all the national budgets at their current levels under the 11th EDF, given that European development aid can still have a decisive impact in some middle and higher income ACP countries, in order to support reforms aimed at reducing inequality;

| 25. | Takes the view that differentiation should also take account of the specific situation in fragile states, given that the human consequences when a state fails are devastating and cancel out the progress made in terms of development; points out that re-establishing the rule of law in a failed state is a much more onerous and lengthy process than providing additional support to states identified as fragile, and therefore calls for a special focus on the Sahel region and the Horn of Africa in the programming of the 11th EDF; |
| --- | --- |

25.

Takes the view that differentiation should also take account of the specific situation in fragile states, given that the human consequences when a state fails are devastating and cancel out the progress made in terms of development; points out that re-establishing the rule of law in a failed state is a much more onerous and lengthy process than providing additional support to states identified as fragile, and therefore calls for a special focus on the Sahel region and the Horn of Africa in the programming of the 11th EDF;

| 26. | Notes that the Agenda for Change contains new proposals, including combined grant/loan funding and support for the private sector; considers that the principal aim of these proposals should be to lift people in developing countries out of poverty and free them from their dependence on aid, and help strengthen the private sector in ACP States, given that failure to do so would result in unbalanced development and growth; calls on the Commission to inform the European Parliament of the results of the study it commissioned recently on private-sector participation in the development and expansion of combined EU grant/loan activities; |
| --- | --- |

26.

Notes that the Agenda for Change contains new proposals, including combined grant/loan funding and support for the private sector; considers that the principal aim of these proposals should be to lift people in developing countries out of poverty and free them from their dependence on aid, and help strengthen the private sector in ACP States, given that failure to do so would result in unbalanced development and growth; calls on the Commission to inform the European Parliament of the results of the study it commissioned recently on private-sector participation in the development and expansion of combined EU grant/loan activities;

| 27. | Recognises that the new funding arrangements, such as combined grant/loan funding, have definite advantages in a context of ever more scarce public resources; calls on the Commission and the EIB, nevertheless, to carry out detailed and independent impact studies in order to measure the impact of these new funding arrangements on poverty reduction, the environment, etc.; welcomes, therefore, the recent establishment of the ‘Results Measurement Framework’ (RMF), an index that enables the EIB to measure the development impact of all its operations outside the EU; calls on the Commission to publish guidelines and precise criteria that clarify the principles that should inform the selection of projects when these new arrangements are implemented; calls for more synergy and complementarity between the activities of the Commission, the EIB and other European bilateral financial institutions, such as development banks; |
| --- | --- |

27.

Recognises that the new funding arrangements, such as combined grant/loan funding, have definite advantages in a context of ever more scarce public resources; calls on the Commission and the EIB, nevertheless, to carry out detailed and independent impact studies in order to measure the impact of these new funding arrangements on poverty reduction, the environment, etc.; welcomes, therefore, the recent establishment of the ‘Results Measurement Framework’ (RMF), an index that enables the EIB to measure the development impact of all its operations outside the EU; calls on the Commission to publish guidelines and precise criteria that clarify the principles that should inform the selection of projects when these new arrangements are implemented; calls for more synergy and complementarity between the activities of the Commission, the EIB and other European bilateral financial institutions, such as development banks;

| 28. | Acknowledges also the importance of supporting the private sector, in particular micro-enterprises and SMEs in ACP countries, in order to encourage wealth creation and the establishment of business-friendly environments so as to facilitate more inclusive and sustainable growth that helps reduce poverty; |
| --- | --- |

28.

Acknowledges also the importance of supporting the private sector, in particular micro-enterprises and SMEs in ACP countries, in order to encourage wealth creation and the establishment of business-friendly environments so as to facilitate more inclusive and sustainable growth that helps reduce poverty;

| 29. | Notes the establishment of the ‘EU Platform for External Cooperation and Development’, in which Parliament is an observer and which is intended to provide guidance for joint mechanisms involving combinations of existing grants and loans; believes that neither civil society nor the EIB is adequately involved in this new structure; calls on the Commission, therefore, to involve civil society directly in the work of the platform and to recognise the unique role played by the EIB as EU financial institution, in the platform governance; |
| --- | --- |

29.

Notes the establishment of the ‘EU Platform for External Cooperation and Development’, in which Parliament is an observer and which is intended to provide guidance for joint mechanisms involving combinations of existing grants and loans; believes that neither civil society nor the EIB is adequately involved in this new structure; calls on the Commission, therefore, to involve civil society directly in the work of the platform and to recognise the unique role played by the EIB as EU financial institution, in the platform governance;

| 30. | Notes the sectoral concentration proposed by the Commission in its Agenda for Change; stresses that sectoral concentration should not be pursued at the expense of meeting the specific needs of certain countries; points out that democratic ownership is key to ensuring that aid is effective, and stresses that decisions concerning the sectors to be targeted under national indicative programmes should therefore be made on a flexible basis and through dialogue with all development stakeholders, including civil society and local authority representatives; |
| --- | --- |

30.

Notes the sectoral concentration proposed by the Commission in its Agenda for Change; stresses that sectoral concentration should not be pursued at the expense of meeting the specific needs of certain countries; points out that democratic ownership is key to ensuring that aid is effective, and stresses that decisions concerning the sectors to be targeted under national indicative programmes should therefore be made on a flexible basis and through dialogue with all development stakeholders, including civil society and local authority representatives;

| 31. | Calls without delay for the implementation of the resolution of the ACP-EU Joint Parliamentary Assembly on the inclusion of persons with disabilities in developing countries, especially its Articles 19, 20, 21 and 22, in order to ensure an 11th EDF that is inclusive and accessible to all; |
| --- | --- |

31.

Calls without delay for the implementation of the resolution of the ACP-EU Joint Parliamentary Assembly on the inclusion of persons with disabilities in developing countries, especially its Articles 19, 20, 21 and 22, in order to ensure an 11th EDF that is inclusive and accessible to all;

| 32. | Welcomes the fact that the UN initiative ‘Sustainable Energy for All’ enjoys strong support from the EU to the tune of EUR 500 million under the 10th EDF, and calls for this level of funding to be continued under the 11th EDF; |
| --- | --- |

32.

Welcomes the fact that the UN initiative ‘Sustainable Energy for All’ enjoys strong support from the EU to the tune of EUR 500 million under the 10th EDF, and calls for this level of funding to be continued under the 11th EDF;

| 33. | Welcomes the fact that agriculture, in particular support for family farms, is one of the thematic priorities of the future EU development policy; recalls the commitment, which was poorly honoured, made by ACP states in the Maputo Declaration to allocate 10 % of national budget revenue to agriculture and rural development; |
| --- | --- |

33.

Welcomes the fact that agriculture, in particular support for family farms, is one of the thematic priorities of the future EU development policy; recalls the commitment, which was poorly honoured, made by ACP states in the Maputo Declaration to allocate 10 % of national budget revenue to agriculture and rural development;

| 34. | Insists that thematic concentration should not jeopardise the concept of budget support, which is designed to encourage sound management of public finances by the beneficiaries; calls for this support to remain an important aspect of the 11th EDF, subject to closer dialogue on human rights between the Commission and the ACP States; |
| --- | --- |

34.

Insists that thematic concentration should not jeopardise the concept of budget support, which is designed to encourage sound management of public finances by the beneficiaries; calls for this support to remain an important aspect of the 11th EDF, subject to closer dialogue on human rights between the Commission and the ACP States;

Democratic scrutiny

| 35. | Notes that the Commission has agreed to inform Parliament about the strategy documents for the 11th EDF, but criticises the fact that Parliament has no specific powers to scrutinise the measures taken by the Commission in this context; points out that the ACP-EU Joint Parliamentary Assembly can also play a central role in exercising democratic scrutiny over all the EDF strategy documents, in accordance with Article 17 of the Cotonou Agreement, in particular the third indent of paragraph 2; |
| --- | --- |

35.

Notes that the Commission has agreed to inform Parliament about the strategy documents for the 11th EDF, but criticises the fact that Parliament has no specific powers to scrutinise the measures taken by the Commission in this context; points out that the ACP-EU Joint Parliamentary Assembly can also play a central role in exercising democratic scrutiny over all the EDF strategy documents, in accordance with Article 17 of the Cotonou Agreement, in particular the third indent of paragraph 2;

| 36. | Reiterates the importance of observing the principle of democratic ownership, as defined in the programme for aid effectiveness; calls on the Commission, therefore, to continue its support for measures to strengthen the capacity of national parliaments and courts of auditors in the ACP States and to keep civil society informed, and on the ACP States to work more actively with their national parliaments, so that the disbursement of the funds provided for in each country's strategy documents is made subject to ex post parliamentary scrutiny; applauds the invaluable work of the Office for the Promotion of Parliamentary Democracy; recommends that all national ministries participate in the discussions between the national authorising officer and the Union delegation concerned in order to ensure that the strategy documents offer a comprehensive assessment of the country's development needs; |
| --- | --- |

36.

Reiterates the importance of observing the principle of democratic ownership, as defined in the programme for aid effectiveness; calls on the Commission, therefore, to continue its support for measures to strengthen the capacity of national parliaments and courts of auditors in the ACP States and to keep civil society informed, and on the ACP States to work more actively with their national parliaments, so that the disbursement of the funds provided for in each country's strategy documents is made subject to ex post parliamentary scrutiny; applauds the invaluable work of the Office for the Promotion of Parliamentary Democracy; recommends that all national ministries participate in the discussions between the national authorising officer and the Union delegation concerned in order to ensure that the strategy documents offer a comprehensive assessment of the country's development needs;

| 37. | Believes that transparency and accountability are fundamental when allocating EDF funds and monitoring the projects financed, including direct aid to national budgets; |
| --- | --- |

37.

Believes that transparency and accountability are fundamental when allocating EDF funds and monitoring the projects financed, including direct aid to national budgets;

| 38. | Draws attention to the invaluable contribution of civil society organisations (CSOs) and local and regional authorities (LRAs) as regards the provision of basic services, democratic scrutiny, support for marginalised groups and the promotion of human rights and gender equality, and calls on the Commission and ACP countries to consult CSOs and LRAs at the programming stage and to work closely with them when implementing and evaluating the 11th EDF, pursuant to Articles 2, 6 and 70 of the Cotonou Agreement; calls on the Commission to include in the progress reports on the 11th EDF a section outlining the stage reached in the talks held by Union delegations at national level with CSOs and LRAs; |
| --- | --- |

38.

Draws attention to the invaluable contribution of civil society organisations (CSOs) and local and regional authorities (LRAs) as regards the provision of basic services, democratic scrutiny, support for marginalised groups and the promotion of human rights and gender equality, and calls on the Commission and ACP countries to consult CSOs and LRAs at the programming stage and to work closely with them when implementing and evaluating the 11th EDF, pursuant to Articles 2, 6 and 70 of the Cotonou Agreement; calls on the Commission to include in the progress reports on the 11th EDF a section outlining the stage reached in the talks held by Union delegations at national level with CSOs and LRAs;

Development effectiveness

| 39. | Emphasises the merits of the joint programming of aid between the Union and its Member States, given that it boosts the visibility, impact and effectiveness of European development policy, whilst preventing duplication and waste; stresses the need, however, to expand on and clarify the rules set out in the common framework for joint multiannual programming; emphasises the key role that could be played by EU delegations, which should bring further transparency to this process, in particular by involving not only administrations, but also non-state actors, of the recipient countries concerned; |
| --- | --- |

39.

Emphasises the merits of the joint programming of aid between the Union and its Member States, given that it boosts the visibility, impact and effectiveness of European development policy, whilst preventing duplication and waste; stresses the need, however, to expand on and clarify the rules set out in the common framework for joint multiannual programming; emphasises the key role that could be played by EU delegations, which should bring further transparency to this process, in particular by involving not only administrations, but also non-state actors, of the recipient countries concerned;

| 40. | Calls on the Commission scrupulously to respect Article 19 C, first paragraph, of Annex IV of the Cotonou Agreement, which makes compliance with social and environmental standards a condition for obtaining public procurement contracts financed from the 11th EDF in ACP countries, in order to promote the principles of sustainable development and corporate social responsibility; |
| --- | --- |

40.

Calls on the Commission scrupulously to respect Article 19 C, first paragraph, of Annex IV of the Cotonou Agreement, which makes compliance with social and environmental standards a condition for obtaining public procurement contracts financed from the 11th EDF in ACP countries, in order to promote the principles of sustainable development and corporate social responsibility;

| 41. | Stresses that the success of efforts to tackle poverty and ensure aid effectiveness is contingent on the capacity to raise revenue at national level, and that the ACP-EU partnership must therefore make it a priority to promote effective and fair tax collection systems in order to improve tax collection and prevent tax evasion and the use of tax havens; |
| --- | --- |

41.

Stresses that the success of efforts to tackle poverty and ensure aid effectiveness is contingent on the capacity to raise revenue at national level, and that the ACP-EU partnership must therefore make it a priority to promote effective and fair tax collection systems in order to improve tax collection and prevent tax evasion and the use of tax havens;

| 42. | Welcomes the Commission communication on ‘The future approach to EU budget support to third countries’; highlights the importance of Article 96 of the Cotonou Agreement, which makes provision for aid to a state to be suspended if it violates the principles of the agreement; |
| --- | --- |

42.

Welcomes the Commission communication on ‘The future approach to EU budget support to third countries’; highlights the importance of Article 96 of the Cotonou Agreement, which makes provision for aid to a state to be suspended if it violates the principles of the agreement;

| 43. | Notes that budget support has many advantages, because it leads to more responsible decision-making, more precise results analysis, greater policy coherence, more effective forecasting and optimum use of the funds available directly for the benefit of the population; |
| --- | --- |

43.

Notes that budget support has many advantages, because it leads to more responsible decision-making, more precise results analysis, greater policy coherence, more effective forecasting and optimum use of the funds available directly for the benefit of the population;

| 44. | Highlights the importance of regarding women not just as a vulnerable section of the population but as active facilitators of development policies; stresses, in this respect, that women play a crucial role in nutrition and food security — not least in recognition of the fact that they are responsible for 80 % of farming in Africa — even though they are still hardly ever able to own the land they cultivate; stresses, likewise, that women have proven competence in resolving problems and conflicts, and therefore urges the Commission and the ACP countries to increase the role of women in action groups and working parties; |
| --- | --- |

44.

Highlights the importance of regarding women not just as a vulnerable section of the population but as active facilitators of development policies; stresses, in this respect, that women play a crucial role in nutrition and food security — not least in recognition of the fact that they are responsible for 80 % of farming in Africa — even though they are still hardly ever able to own the land they cultivate; stresses, likewise, that women have proven competence in resolving problems and conflicts, and therefore urges the Commission and the ACP countries to increase the role of women in action groups and working parties;

| 45. | Calls on the Commission to apply the performance indicators established in the EU Plan of Action on Gender Equality and Women’s Empowerment in Development; |
| --- | --- |

45.

Calls on the Commission to apply the performance indicators established in the EU Plan of Action on Gender Equality and Women’s Empowerment in Development;

| 46. | Asks the Commission to provide Parliament with a progress report on the implementation of the EU Plan of Action on Gender Equality and Women’s Empowerment in Development; |
| --- | --- |

46.

Asks the Commission to provide Parliament with a progress report on the implementation of the EU Plan of Action on Gender Equality and Women’s Empowerment in Development;

o

o o

| 47. | Instructs its President to forward this resolution to the Council, the Commission, the EEAS, the governments and parliaments of the EU Member States, and, where appropriate, those of the ACP countries and the OCTs. |
| --- | --- |

47.

Instructs its President to forward this resolution to the Council, the Commission, the EEAS, the governments and parliaments of the EU Member States, and, where appropriate, those of the ACP countries and the OCTs.

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(1)  OJ L 317, 15.12.2000, p. 3. Agreement revised in Luxembourg on 25 June 2005 (OJ L 287, 28.10.2005, p. 4) and in Ouagadougou on 22 June 2010 (OJ L 287, 4.11.2010, p. 3).

(2)  OJ L 314, 30.11.2001, p. 1. Decision amended by Decision 2007/249/EC (OJ L 109, 26.4.2007, p. 33).

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| 29.1.2016 | EN | Official Journal of the European Union | C 36/43 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/43

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P7_TA(2013)0077

Improving the delivery of benefits from EU environment measures

European Parliament resolution of 12 March 2013 on improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness (2012/2104(INI))

(2016/C 036/06)

The European Parliament,

| — | having regard to Article 11 of the TEU and Article 5 of the Protocol on the application of the principles of subsidiarity and proportionality, |
| --- | --- |

—

having regard to Article 11 of the TEU and Article 5 of the Protocol on the application of the principles of subsidiarity and proportionality,

| — | having regard to Articles 191 and 192 of the TFEU, |
| --- | --- |

—

having regard to Articles 191 and 192 of the TFEU,

| — | having regard to the Commission communication to the Council, the European Parliament, the European Economic and Social Committee, and the Committee of the Regions on implementing European Community Environmental Law (COM(2008)0773), |
| --- | --- |

—

having regard to the Commission communication to the Council, the European Parliament, the European Economic and Social Committee, and the Committee of the Regions on implementing European Community Environmental Law (COM(2008)0773),

| — | having regard to the Commission Communication to the Council and the European Parliament entitled ‘2008 Environment Policy Review’ (COM(2009)0304) and the Annex thereto, |
| --- | --- |

—

having regard to the Commission Communication to the Council and the European Parliament entitled ‘2008 Environment Policy Review’ (COM(2009)0304) and the Annex thereto,

| — | having regard to the Commission Communication to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions entitled ‘Improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness’ (COM(2012)0095), |
| --- | --- |

—

having regard to the Commission Communication to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions entitled ‘Improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness’ (COM(2012)0095),

| — | having regard to the 29th annual report on monitoring the application of EU law (2011) (COM(2012)0714), |
| --- | --- |

—

having regard to the 29th annual report on monitoring the application of EU law (2011) (COM(2012)0714),

| — | having regard to its resolution of 20 April 2012 on the review of the 6th Environment Action Programme and the setting of priorities for the 7th Environment Action Programme — A better environment for a better life (1), |
| --- | --- |

—

having regard to its resolution of 20 April 2012 on the review of the 6th Environment Action Programme and the setting of priorities for the 7th Environment Action Programme — A better environment for a better life (1),

| — | having regard to the Council conclusions of 20 December 2010 on the subject of ‘Improving Environmental Policy Instruments’, |
| --- | --- |

—

having regard to the Council conclusions of 20 December 2010 on the subject of ‘Improving Environmental Policy Instruments’,

| — | having regard to the Council Presidency conclusions of 19 April 2012 on the 7th Environment Action Programme, |
| --- | --- |

—

having regard to the Council Presidency conclusions of 19 April 2012 on the 7th Environment Action Programme,

| — | having regard to the Interinstitutional Agreement on Better Lawmaking (2), |
| --- | --- |

—

having regard to the Interinstitutional Agreement on Better Lawmaking (2),

| — | having regard to the outlook opinion of the Committee of the Regions entitled ‘The role of local and regional authorities in future environmental policy’ (3), |
| --- | --- |

—

having regard to the outlook opinion of the Committee of the Regions entitled ‘The role of local and regional authorities in future environmental policy’ (3),

| — | having regard to the opinion of the Committee of the Regions entitled ‘Towards a 7th Environment Action Programme: better implementation of EU environment law’ (4) |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions entitled ‘Towards a 7th Environment Action Programme: better implementation of EU environment law’ (4)

| — | having regard to the proposal for a directive of the European Parliament and of the Council on access to justice in environmental matters (COM(2003)0624) and the text adopted by Parliament at first reading (5), |
| --- | --- |

—

having regard to the proposal for a directive of the European Parliament and of the Council on access to justice in environmental matters (COM(2003)0624) and the text adopted by Parliament at first reading (5),

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Petitions (A7-0028/2013), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Petitions (A7-0028/2013),

General remarks

| A. | whereas much of EU law takes the form of directives, setting out general rules and objectives, while leaving the choice of means, how to reach those objectives, to the Member States and to regional and local entities; |
| --- | --- |

A.

whereas much of EU law takes the form of directives, setting out general rules and objectives, while leaving the choice of means, how to reach those objectives, to the Member States and to regional and local entities;

| B. | whereas key responsibility for ensuring effective implementation and enforcement of EU legislation lies with national authorities, very often at regional and local levels; |
| --- | --- |

B.

whereas key responsibility for ensuring effective implementation and enforcement of EU legislation lies with national authorities, very often at regional and local levels;

| C. | whereas inefficient implementation not only harms the environment and human health but also creates uncertainty for industry and places obstacles to the Single Market, as well as generates more bureaucracy and thus higher costs; |
| --- | --- |

C.

whereas inefficient implementation not only harms the environment and human health but also creates uncertainty for industry and places obstacles to the Single Market, as well as generates more bureaucracy and thus higher costs;

| D. | whereas studies have concluded that full implementation of EU legislation in the waste sector alone would generate 400 000 jobs and save EUR 72 billion annually (6); |
| --- | --- |

D.

whereas studies have concluded that full implementation of EU legislation in the waste sector alone would generate 400 000 jobs and save EUR 72 billion annually (6);

| E. | whereas the unsatisfactory level of implementation of environmental law is reflected in the high number of infringements and complaints in this area; |
| --- | --- |

E.

whereas the unsatisfactory level of implementation of environmental law is reflected in the high number of infringements and complaints in this area;

| F. | whereas the lack of precise information and knowledge on the state of implementation, and of quantitative data for several environmental sectors, is a hindrance to the proper implementation of the environmental acquis; |
| --- | --- |

F.

whereas the lack of precise information and knowledge on the state of implementation, and of quantitative data for several environmental sectors, is a hindrance to the proper implementation of the environmental acquis;

| G. | whereas, according to the Commission, the annual cost of non-implementation of EU environmental legislation is currently EUR 50 billion in health costs and direct costs to the environment, not including the negative impacts on the state of the environment in the EU; whereas, from 2020 onwards, this annual cost will rise to EUR 90 billion (7); |
| --- | --- |

G.

whereas, according to the Commission, the annual cost of non-implementation of EU environmental legislation is currently EUR 50 billion in health costs and direct costs to the environment, not including the negative impacts on the state of the environment in the EU; whereas, from 2020 onwards, this annual cost will rise to EUR 90 billion (7);

| H. | whereas problems arising from the implementation of EU environment law can be two-fold, with, on the one hand, late or insufficient implementation, and, on the other hand, ‘over-implementation’ (‘gold plating’), both aspects running counter to the original political ideas behind EU environmental law; |
| --- | --- |

H.

whereas problems arising from the implementation of EU environment law can be two-fold, with, on the one hand, late or insufficient implementation, and, on the other hand, ‘over-implementation’ (‘gold plating’), both aspects running counter to the original political ideas behind EU environmental law;

| I. | whereas there are significant differences in implementation both between and within Member States which lead to a negative impact on the environment, thus making a more systematic and holistic approach necessary in order to bridge this ‘implementation gap’; |
| --- | --- |

I.

whereas there are significant differences in implementation both between and within Member States which lead to a negative impact on the environment, thus making a more systematic and holistic approach necessary in order to bridge this ‘implementation gap’;

| J. | whereas the environment was the area in which most infringements of Community law were reported in the EU in 2011 (299), representing 17 % of all infringements, and 114 new infringement proceedings were initiated in this area in 2011 (8); |
| --- | --- |

J.

whereas the environment was the area in which most infringements of Community law were reported in the EU in 2011 (299), representing 17 % of all infringements, and 114 new infringement proceedings were initiated in this area in 2011 (8);

| K. | whereas full compliance with EU environmental law is a Treaty obligation and a criterion for the use of EU funds in Member States; whereas the Member States should therefore implement environmental legislation in a timely, cost-efficient manner, in order to improve the state of the environment in the EU; |
| --- | --- |

K.

whereas full compliance with EU environmental law is a Treaty obligation and a criterion for the use of EU funds in Member States; whereas the Member States should therefore implement environmental legislation in a timely, cost-efficient manner, in order to improve the state of the environment in the EU;

| L. | whereas the 6th Environmental Action Plan was undermined by persistent implementation failures in mature policy sectors such as air pollution control, waste management, water and waste water treatment, and nature conservation; |
| --- | --- |

L.

whereas the 6th Environmental Action Plan was undermined by persistent implementation failures in mature policy sectors such as air pollution control, waste management, water and waste water treatment, and nature conservation;

Implementation as common task and opportunity

| 1. | Welcomes the Commission Communication entitled ‘Improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness’ (COM(2012)0095); |
| --- | --- |

1.

Welcomes the Commission Communication entitled ‘Improving the delivery of benefits from EU environment measures: building confidence through better knowledge and responsiveness’ (COM(2012)0095);

| 2. | Urges the Member States to take all measures required to safeguard the environment and encourage sustainable development, while bearing in mind the need for a healthy and competitive economy; emphasises that local communities must have a strong say in deciding the best balance between the needs of people and the needs of their environment; |
| --- | --- |

2.

Urges the Member States to take all measures required to safeguard the environment and encourage sustainable development, while bearing in mind the need for a healthy and competitive economy; emphasises that local communities must have a strong say in deciding the best balance between the needs of people and the needs of their environment;

| 3. | Considers that, when EU environmental policies are formulated, regional and local authorities can strengthen the sense of cooperation and ensure the legislation is implemented more effectively; |
| --- | --- |

3.

Considers that, when EU environmental policies are formulated, regional and local authorities can strengthen the sense of cooperation and ensure the legislation is implemented more effectively;

| 4. | Is of the opinion that the administrative burden is not always a result of excessive implementation or lack of implementation; notes that administrative costs are unavoidable but that these should be kept as low as possible because of their negative impacts on citizens and industry; |
| --- | --- |

4.

Is of the opinion that the administrative burden is not always a result of excessive implementation or lack of implementation; notes that administrative costs are unavoidable but that these should be kept as low as possible because of their negative impacts on citizens and industry;

| 5. | Notes that much of the unnecessary administrative costs linked to environmental legislation are due to inadequate or inefficient public and private administrative practices in various Member States and in their regional or local authorities; |
| --- | --- |

5.

Notes that much of the unnecessary administrative costs linked to environmental legislation are due to inadequate or inefficient public and private administrative practices in various Member States and in their regional or local authorities;

| 6. | Emphasises that only the timely and correct implementation (transposition) of EU law by the Member States and regional and local authorities will ensure that the desired results of the EU policy in question are attained; |
| --- | --- |

6.

Emphasises that only the timely and correct implementation (transposition) of EU law by the Member States and regional and local authorities will ensure that the desired results of the EU policy in question are attained;

| 7. | Emphasises that assuring a level-playing field and a common market, as well as a harmonised approach, are at the centre of EU legislation; |
| --- | --- |

7.

Emphasises that assuring a level-playing field and a common market, as well as a harmonised approach, are at the centre of EU legislation;

| 8. | Is of the opinion that an efficient implementation can bring about benefits for industry, e.g. by reducing administrative burdens, providing investment security and thereby creating more jobs; |
| --- | --- |

8.

Is of the opinion that an efficient implementation can bring about benefits for industry, e.g. by reducing administrative burdens, providing investment security and thereby creating more jobs;

| 9. | Deplores that citizens become aware of EU legislation only after it enters into force; is of the opinion that an earlier means of information exchange between legislators and citizens is needed to bring about a higher level of acceptance and understanding of the objective of EU legislation; |
| --- | --- |

9.

Deplores that citizens become aware of EU legislation only after it enters into force; is of the opinion that an earlier means of information exchange between legislators and citizens is needed to bring about a higher level of acceptance and understanding of the objective of EU legislation;

| 10. | Clarifies that the Commission, as guardian of the Treaties, should act sooner in order to allow a better and more timely implementation; asks the Commission to examine what needs to be done to ensure the correct transposition, implementation and enforcement of environmental legislation; |
| --- | --- |

10.

Clarifies that the Commission, as guardian of the Treaties, should act sooner in order to allow a better and more timely implementation; asks the Commission to examine what needs to be done to ensure the correct transposition, implementation and enforcement of environmental legislation;

| 11. | Notes that the current fragmented state of implementation in the Member States undermines the level-playing field for the industry and increases the uncertainty about the exact requirements, and, in so doing, discourages investments in those environmental areas which can generate jobs; |
| --- | --- |

11.

Notes that the current fragmented state of implementation in the Member States undermines the level-playing field for the industry and increases the uncertainty about the exact requirements, and, in so doing, discourages investments in those environmental areas which can generate jobs;

| 12. | Emphasises that the European institutions’ responsibility with regard to EU legislation does not end with the adoption of legislation by Parliament and Council, and that it is willing to assist the Member States in providing for more efficient implementation; |
| --- | --- |

12.

Emphasises that the European institutions’ responsibility with regard to EU legislation does not end with the adoption of legislation by Parliament and Council, and that it is willing to assist the Member States in providing for more efficient implementation;

| 13. | Calls on the Commission, the Member States and the regions concerned to improve the flow of information, and increase transparency, through more active and frequent exchanges; |
| --- | --- |

13.

Calls on the Commission, the Member States and the regions concerned to improve the flow of information, and increase transparency, through more active and frequent exchanges;

Solutions to assure a more efficient implementation

| 14. | Considers that full implementation and enforcement at all levels is critical, and may require, where appropriate, further strengthening; emphasises, therefore, the need for clear, consistent and non-duplicative environmental legislation; stresses the need for coordination, complementarity and the elimination of gaps in the coverage of the various items of legislation which comprise EU environment law; |
| --- | --- |

14.

Considers that full implementation and enforcement at all levels is critical, and may require, where appropriate, further strengthening; emphasises, therefore, the need for clear, consistent and non-duplicative environmental legislation; stresses the need for coordination, complementarity and the elimination of gaps in the coverage of the various items of legislation which comprise EU environment law;

| 15. | Is of the opinion that environmental legislation can be implemented more effectively through dissemination of best practices between the Member States, and between the regional and local authorities that are responsible for implementing EU legislation, as well as through greater cooperation with the European Institutions; |
| --- | --- |

15.

Is of the opinion that environmental legislation can be implemented more effectively through dissemination of best practices between the Member States, and between the regional and local authorities that are responsible for implementing EU legislation, as well as through greater cooperation with the European Institutions;

| 16. | Deplores the lack of data on the compliance and enforcement work undertaken at national, regional and local level, and therefore asks the Commission to improve this situation with the help of its networks and bodies, such as the European Environment Agency (EEA); |
| --- | --- |

16.

Deplores the lack of data on the compliance and enforcement work undertaken at national, regional and local level, and therefore asks the Commission to improve this situation with the help of its networks and bodies, such as the European Environment Agency (EEA);

| 17. | Notes the importance of strengthening and monitoring the relevant indicators for the implementation of environmental legislation, and encourages the setting up of a user-friendly website where the most recent indicator measurements would be available and where informal comparisons among the Member States would be possible; |
| --- | --- |

17.

Notes the importance of strengthening and monitoring the relevant indicators for the implementation of environmental legislation, and encourages the setting up of a user-friendly website where the most recent indicator measurements would be available and where informal comparisons among the Member States would be possible;

| 18. | Is of the opinion that the Commission itself should be at the centre of efforts to ensure a better implementation, and deplores that, currently, these efforts are increasingly referred to other bodies which often do not have the Commission’s competences, personnel or financial resources; |
| --- | --- |

18.

Is of the opinion that the Commission itself should be at the centre of efforts to ensure a better implementation, and deplores that, currently, these efforts are increasingly referred to other bodies which often do not have the Commission’s competences, personnel or financial resources;

| 19. | Urges the Commission and the Member States to help improve the knowledge and capacity of the people involved in implementing environmental legislation, at national, regional and local levels, to ensure a better delivery of benefits from this legislation; is, furthermore, of the opinion that opening a dialogue with relevant stakeholders would improve implementation as well; |
| --- | --- |

19.

Urges the Commission and the Member States to help improve the knowledge and capacity of the people involved in implementing environmental legislation, at national, regional and local levels, to ensure a better delivery of benefits from this legislation; is, furthermore, of the opinion that opening a dialogue with relevant stakeholders would improve implementation as well;

| 20. | Calls on the Commission to explore the possibility of setting up partnership implementation agreements between the Commission and individual Member States, or between Member States, in order to promote better implementation as well as to identify and resolve implementation problems; |
| --- | --- |

20.

Calls on the Commission to explore the possibility of setting up partnership implementation agreements between the Commission and individual Member States, or between Member States, in order to promote better implementation as well as to identify and resolve implementation problems;

| 21. | Calls on the Commission to examine whether greater participation by local authorities throughout the process of defining environmental policy would be useful in improving implementation of legislation across the board, including the possibility of setting up teams to transpose environmental law at regional and local level; |
| --- | --- |

21.

Calls on the Commission to examine whether greater participation by local authorities throughout the process of defining environmental policy would be useful in improving implementation of legislation across the board, including the possibility of setting up teams to transpose environmental law at regional and local level;

| 22. | Recommends the setting up of a systematic and easily accessible online information tool on implementation; calls on all actors, but especially on industry and citizens, to provide the implementing bodies with feedback on problems arising from implementation; values the availability of reliable, comparable and easily accessible information on the state of the environment, which it regards as key to tracking the state of implementation in an effective manner; |
| --- | --- |

22.

Recommends the setting up of a systematic and easily accessible online information tool on implementation; calls on all actors, but especially on industry and citizens, to provide the implementing bodies with feedback on problems arising from implementation; values the availability of reliable, comparable and easily accessible information on the state of the environment, which it regards as key to tracking the state of implementation in an effective manner;

| 23. | Urges the Commission to re-consider demands for the introduction of a best-practise database, allowing best practice in implementation to be disseminated across Member States and across regional and local authorities; calls on the Commission to explore ways in which information and communication technology can be deployed to provide as much useful online information as possible on how EU environmental law should be implemented; |
| --- | --- |

23.

Urges the Commission to re-consider demands for the introduction of a best-practise database, allowing best practice in implementation to be disseminated across Member States and across regional and local authorities; calls on the Commission to explore ways in which information and communication technology can be deployed to provide as much useful online information as possible on how EU environmental law should be implemented;

| 24. | Stresses the importance of tightening up monitoring of the application of environmental legislation; calls, therefore, for a strengthening of current capacities and for cohesion to be ensured among the various bodies responsible for monitoring in the Member States, based on EU guidelines; |
| --- | --- |

24.

Stresses the importance of tightening up monitoring of the application of environmental legislation; calls, therefore, for a strengthening of current capacities and for cohesion to be ensured among the various bodies responsible for monitoring in the Member States, based on EU guidelines;

| 25. | Stresses the need for EU legislation to aim to tackle the causes of environmental damage by establishing rules concerning legal responsibility for environmental damage and concerning corporate social responsibility; considers it essential, with that end in view, to carry out all the initiatives designed to encourage and propagate greater corporate social responsibility in relation to environmental matters, which imposes on businesses a requirement to be receptive to the sustainable development strategy; |
| --- | --- |

25.

Stresses the need for EU legislation to aim to tackle the causes of environmental damage by establishing rules concerning legal responsibility for environmental damage and concerning corporate social responsibility; considers it essential, with that end in view, to carry out all the initiatives designed to encourage and propagate greater corporate social responsibility in relation to environmental matters, which imposes on businesses a requirement to be receptive to the sustainable development strategy;

| 26. | Recalls that there are many benefits to be gained from proper implementation of EU environmental legislation: three examples of such benefits are a level playing field for economic actors in the Single Market, the creation of a stimulus for innovation, and first-mover advantages for EU businesses; |
| --- | --- |

26.

Recalls that there are many benefits to be gained from proper implementation of EU environmental legislation: three examples of such benefits are a level playing field for economic actors in the Single Market, the creation of a stimulus for innovation, and first-mover advantages for EU businesses;

| 27. | Underlines that a high level of environmental protection is one of the fundamental objectives of the European Union and would deliver direct benefits to citizens, such as better living conditions through improved air quality, less noise and less health problems; |
| --- | --- |

27.

Underlines that a high level of environmental protection is one of the fundamental objectives of the European Union and would deliver direct benefits to citizens, such as better living conditions through improved air quality, less noise and less health problems;

| 28. | Emphasises that the EU has set itself an ambitious agenda to move towards a resilient, resource-efficient and low-carbon economy by 2050, and that commitments at all levels are needed to reach this goal; recalls that a common effort is vital to ensure that the EU economy grows in a way that respects resource constraints and planetary boundaries; |
| --- | --- |

28.

Emphasises that the EU has set itself an ambitious agenda to move towards a resilient, resource-efficient and low-carbon economy by 2050, and that commitments at all levels are needed to reach this goal; recalls that a common effort is vital to ensure that the EU economy grows in a way that respects resource constraints and planetary boundaries;

| 29. | Regrets that the procedure for adopting the proposal for a directive on public access to justice in environmental matters (9) has been halted at first reading; calls, therefore, on the co-legislators to reconsider their positions with a view to breaking the deadlock; |
| --- | --- |

29.

Regrets that the procedure for adopting the proposal for a directive on public access to justice in environmental matters (9) has been halted at first reading; calls, therefore, on the co-legislators to reconsider their positions with a view to breaking the deadlock;

| 30. | Recommends, therefore, the pooling of knowledge between the respective judicial systems of the Member States that deal with infringements of, or failure to comply with, EU environmental legislation; |
| --- | --- |

30.

Recommends, therefore, the pooling of knowledge between the respective judicial systems of the Member States that deal with infringements of, or failure to comply with, EU environmental legislation;

| 31. | Considers the monitoring of implementation activities of great importance, and therefore underlines the value of the work in that field of the EEA — in line with its statutory remit; |
| --- | --- |

31.

Considers the monitoring of implementation activities of great importance, and therefore underlines the value of the work in that field of the EEA — in line with its statutory remit;

| 32. | Underlines the EEA’s important role in providing a solid knowledge base underpinning policy and implementation, and recognises the work done by the EEA in this field; urges the EEA to develop further its capacities to assist the Commission and the Member States in assuring the quality of monitoring and the comparability of the environmental information collected in different parts of the EU; further encourages the EEA to focus as well on capacity building and the dissemination of best practice in the Member States; expects the EEA’s new strategy to address the issue of implementation in more detail; |
| --- | --- |

32.

Underlines the EEA’s important role in providing a solid knowledge base underpinning policy and implementation, and recognises the work done by the EEA in this field; urges the EEA to develop further its capacities to assist the Commission and the Member States in assuring the quality of monitoring and the comparability of the environmental information collected in different parts of the EU; further encourages the EEA to focus as well on capacity building and the dissemination of best practice in the Member States; expects the EEA’s new strategy to address the issue of implementation in more detail;

| 33. | Supports the Commission in its plan to ask the Member States, with support from the Commission, to develop structured implementation and information frameworks (SIIFs) for all key EU environment laws, to clarify the main provisions of a directive as well as to identify the types of information needed to demonstrate how EU law is being implemented; |
| --- | --- |

33.

Supports the Commission in its plan to ask the Member States, with support from the Commission, to develop structured implementation and information frameworks (SIIFs) for all key EU environment laws, to clarify the main provisions of a directive as well as to identify the types of information needed to demonstrate how EU law is being implemented;

| 34. | Notes the frequent concerns of petitioners in several areas of environmental policy, such as landfill and waste disposal, wildlife habitats and air and water quality; applauds their efforts to bring authority to account, and calls on the Member States to be open and cooperative with them; |
| --- | --- |

34.

Notes the frequent concerns of petitioners in several areas of environmental policy, such as landfill and waste disposal, wildlife habitats and air and water quality; applauds their efforts to bring authority to account, and calls on the Member States to be open and cooperative with them;

| 35. | Urges the Commission to create, in co-operation with national authorities, with the involvement of the EEA as appropriate, a complaint unit where citizens can communicate problems related to the implementation of environmental legislation; |
| --- | --- |

35.

Urges the Commission to create, in co-operation with national authorities, with the involvement of the EEA as appropriate, a complaint unit where citizens can communicate problems related to the implementation of environmental legislation;

| 36. | Underlines the crucial importance of effective inspections and urges the Member States to step up their inspection capacities in line with best practices; calls for common minimum criteria for inspections in order to ensure fair implementation in all parts of the EU; |
| --- | --- |

36.

Underlines the crucial importance of effective inspections and urges the Member States to step up their inspection capacities in line with best practices; calls for common minimum criteria for inspections in order to ensure fair implementation in all parts of the EU;

| 37. | Urges all actors to streamline inspection and surveillance activities with a view to using available resources with greater efficiency; stresses as well, in this regard, the value of a more systematic use of peer-review inspections, as pointed out by the Commission; emphasises the need to complement existing inspections with enhanced cooperation and peer-reviews among inspection authorities; encourages the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL) to take action in this direction; calls also on the Commission to promote knowledge and capacity-building by supporting networks of judges and prosecutors and, in close cooperation with the Committee of the Region to reduce the environmental and economic costs of non-compliance and ensure a level playing field; |
| --- | --- |

37.

Urges all actors to streamline inspection and surveillance activities with a view to using available resources with greater efficiency; stresses as well, in this regard, the value of a more systematic use of peer-review inspections, as pointed out by the Commission; emphasises the need to complement existing inspections with enhanced cooperation and peer-reviews among inspection authorities; encourages the European Union Network for the Implementation and Enforcement of Environmental Law (IMPEL) to take action in this direction; calls also on the Commission to promote knowledge and capacity-building by supporting networks of judges and prosecutors and, in close cooperation with the Committee of the Region to reduce the environmental and economic costs of non-compliance and ensure a level playing field;

| 38. | Urges the Commission, to set up an Environmental Law Inspection Unit, whose role will be to oversee and assist in the implementation of the environmental legislation; asks that this unit will use new technologies and cooperate with local agencies in order to keep down inspection costs; takes the view that this unit should operate on a cost basis and that the revenues should be directed to the EU budget and should be reserved for services related to better implementation; |
| --- | --- |

38.

Urges the Commission, to set up an Environmental Law Inspection Unit, whose role will be to oversee and assist in the implementation of the environmental legislation; asks that this unit will use new technologies and cooperate with local agencies in order to keep down inspection costs; takes the view that this unit should operate on a cost basis and that the revenues should be directed to the EU budget and should be reserved for services related to better implementation;

| 39. | Encourages the Member States to draw up and publish correlation tables to describe the transposition of EU directives into national law in order to improve transparency and openness of the legislative process and make it easier both for the Commission and for national parliaments to oversee the proper implementation of EU legislation; |
| --- | --- |

39.

Encourages the Member States to draw up and publish correlation tables to describe the transposition of EU directives into national law in order to improve transparency and openness of the legislative process and make it easier both for the Commission and for national parliaments to oversee the proper implementation of EU legislation;

| 40. | Underlines that judges and prosecutors play a key role in the enforcement of environmental legislation and that it is therefore of vital importance that they receive proper training and information on these policies; |
| --- | --- |

40.

Underlines that judges and prosecutors play a key role in the enforcement of environmental legislation and that it is therefore of vital importance that they receive proper training and information on these policies;

| 41. | Emphasises the important role of the citizens in the implementation process, and urges the Member States and the Commission to involve them in a structured way in this process; notes also, in this regard, the importance of citizens' access to justice; |
| --- | --- |

41.

Emphasises the important role of the citizens in the implementation process, and urges the Member States and the Commission to involve them in a structured way in this process; notes also, in this regard, the importance of citizens' access to justice;

| 42. | Calls on the Commission and the Member States to explicitly define a specific timeframe in which court cases relating to the implementation of environmental law shall be resolved, in order to prevent the implementation of the environmental law and delays in court cases from being used as an excuse to avoid compliance and hinder investments; calls on the Commission to assess how many investments have been held back because of delays in legal proceedings relating to irregularities on the implementation of environmental legislation; |
| --- | --- |

42.

Calls on the Commission and the Member States to explicitly define a specific timeframe in which court cases relating to the implementation of environmental law shall be resolved, in order to prevent the implementation of the environmental law and delays in court cases from being used as an excuse to avoid compliance and hinder investments; calls on the Commission to assess how many investments have been held back because of delays in legal proceedings relating to irregularities on the implementation of environmental legislation;

| 43. | Underscores the fundamental importance of actively informing citizens and NGOs about EU environmental policies at an early stage in order to involve them in drawing up and realizing such policies; urges therefore — also with a view to the findings of the high-level group of independent stakeholders on administrative burdens — that a greater effort in this respect be made so that public trust and confidence in EU environment law is enhanced, bearing in mind that a better environment for a better life cannot be created unilaterally from within the institutions without the support of society itself; |
| --- | --- |

43.

Underscores the fundamental importance of actively informing citizens and NGOs about EU environmental policies at an early stage in order to involve them in drawing up and realizing such policies; urges therefore — also with a view to the findings of the high-level group of independent stakeholders on administrative burdens — that a greater effort in this respect be made so that public trust and confidence in EU environment law is enhanced, bearing in mind that a better environment for a better life cannot be created unilaterally from within the institutions without the support of society itself;

| 44. | With regard to projects with a possible cross-border environmental impact, calls on each Member State to comprehensively inform the affected public and authorities in other Member States concerned as soon as possible and to take the measures necessary to ensure that they are consulted in an appropriate manner; |
| --- | --- |

44.

With regard to projects with a possible cross-border environmental impact, calls on each Member State to comprehensively inform the affected public and authorities in other Member States concerned as soon as possible and to take the measures necessary to ensure that they are consulted in an appropriate manner;

| 45. | Urges the Member States to implement EU environmental legislation in the clearest, simplest and most user-friendly way while ensuring its efficiency; |
| --- | --- |

45.

Urges the Member States to implement EU environmental legislation in the clearest, simplest and most user-friendly way while ensuring its efficiency;

| 46. | Calls on the Member States to advance further the full and proper implementation of EU environmental legislation and adopted policies and strategies in the framework of the 7th Environment Action Programme, and to ensure adequate capacity and finances for their full implementation, even in times of austerity, as the non-implementation or incomplete implementation of EU environmental legislation is not only unlawful, but also far more costly to society in the long run; |
| --- | --- |

46.

Calls on the Member States to advance further the full and proper implementation of EU environmental legislation and adopted policies and strategies in the framework of the 7th Environment Action Programme, and to ensure adequate capacity and finances for their full implementation, even in times of austerity, as the non-implementation or incomplete implementation of EU environmental legislation is not only unlawful, but also far more costly to society in the long run;

| 47. | Highlights the need to ensure that legislation is fit for purpose and reflects the latest scientific research; calls, therefore, on the EU and the Member States to regularly assess if EU environmental law fulfils these requirements and, where necessary, to adjust it accordingly; |
| --- | --- |

47.

Highlights the need to ensure that legislation is fit for purpose and reflects the latest scientific research; calls, therefore, on the EU and the Member States to regularly assess if EU environmental law fulfils these requirements and, where necessary, to adjust it accordingly;

| 48. | Acknowledges that first reading agreements might lead to the inadequate implementation of legislation if concrete content is left to be specified in the implementing provisions; asks, therefore, all actors to ensure that decision-making is based on an unambiguous statement of political will; emphasises the need for clear, consistent environmental legislation, drawn up on the basis of public policy evaluations and feedback; |
| --- | --- |

48.

Acknowledges that first reading agreements might lead to the inadequate implementation of legislation if concrete content is left to be specified in the implementing provisions; asks, therefore, all actors to ensure that decision-making is based on an unambiguous statement of political will; emphasises the need for clear, consistent environmental legislation, drawn up on the basis of public policy evaluations and feedback;

| 49. | Is of the opinion that the Commission should continue to use directives in EU legislation to allow the Members States as well as regional and local authorities to implement European legislation according to their respective situation; asks the Commission, however, to increase further the support already outlined in its proposal through further studies or through the actions referred to in the impact assessment; |
| --- | --- |

49.

Is of the opinion that the Commission should continue to use directives in EU legislation to allow the Members States as well as regional and local authorities to implement European legislation according to their respective situation; asks the Commission, however, to increase further the support already outlined in its proposal through further studies or through the actions referred to in the impact assessment;

| 50. | Applauds the introduction of environmental impact assessments, and calls on the Member States to ensure that the relevant legislation is implemented more effectively, taking better account of the needs of small and medium-sized businesses and residents, and of flora and fauna; expresses concern at the slowness with which Member States often carry out such assessments and calls, in the context of the future revision of the directive, for guarantees to be introduced concerning their impartiality and objectivity; |
| --- | --- |

50.

Applauds the introduction of environmental impact assessments, and calls on the Member States to ensure that the relevant legislation is implemented more effectively, taking better account of the needs of small and medium-sized businesses and residents, and of flora and fauna; expresses concern at the slowness with which Member States often carry out such assessments and calls, in the context of the future revision of the directive, for guarantees to be introduced concerning their impartiality and objectivity;

o

o o

| 51. | Instructs its President to forward this resolution to the Council and the Commission, the Committee of the Regions, and the national parliaments. |
| --- | --- |

51.

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

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(1)  Texts adopted, P7_TA(2012)0147.

(2)  OJ C 321, 31.12.2003, p. 1

(3)  OJ C 15, 18.1.2011, p. 4.

(4)  OJ C 17, 19.1.2013, p. 30.

(5)  OJ C 103 E, 29.4.2004, p. 626.

(6)  BIOS report, COM(2012)0095.

(7)  European Commission, Directorate — General Environment, ‘The costs of not implementing the environmental acquis’ Final report, ENV.G.1/FRA/2006/0073, September 2011.

(8)  29th annual report on monitoring the application of EU law (2001) (COM(2012)0714).

(9)  COM(2003)0624.

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Wednesday 13 March 2013

| 29.1.2016 | EN | Official Journal of the European Union | C 36/49 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/49

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P7_TA(2013)0078

Multiannual financial framework

European Parliament resolution of 13 March 2013 on the European Council conclusions of 7/8 February 2013 concerning the Multiannual Financial Framework (2012/2803(RSP))

(2016/C 036/07)

The European Parliament,

| — | having regard to Articles 310, 311, 312 and 323 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 310, 311, 312 and 323 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to the Communication from the Commission of 29 June 2011 on a Budget for Europe 2020 (COM(2011)0500), |
| --- | --- |

—

having regard to the Communication from the Commission of 29 June 2011 on a Budget for Europe 2020 (COM(2011)0500),

| — | having regard to the Commission proposal of 29 June 2011 for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management (COM(2011)0403), |
| --- | --- |

—

having regard to the Commission proposal of 29 June 2011 for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management (COM(2011)0403),

| — | having regard to the Commission proposal of 29 June 2011 and the amended Commission proposal of 6 July 2012 for a Council regulation laying down the multiannual financial framework for the years 2014-2020 (COM(2011)0398 and COM(2012)0388), |
| --- | --- |

—

having regard to the Commission proposal of 29 June 2011 and the amended Commission proposal of 6 July 2012 for a Council regulation laying down the multiannual financial framework for the years 2014-2020 (COM(2011)0398 and COM(2012)0388),

| — | having regard to its resolution of 8 June 2011 entitled ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ (1), |
| --- | --- |

—

having regard to its resolution of 8 June 2011 entitled ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’ (1),

| — | having regard to its resolution of 13 June 2012 on the Multiannual Financial Framework and own resources (2), |
| --- | --- |

—

having regard to its resolution of 13 June 2012 on the Multiannual Financial Framework and own resources (2),

| — | having regard to its resolution of 23 October 2012 in the interests of achieving a positive outcome of the Multiannual Financial Framework 2014-2020 approval procedure (3), |
| --- | --- |

—

having regard to its resolution of 23 October 2012 in the interests of achieving a positive outcome of the Multiannual Financial Framework 2014-2020 approval procedure (3),

| — | having regard to the conclusions of the European Council adopted on 8 February 2013, |
| --- | --- |

—

having regard to the conclusions of the European Council adopted on 8 February 2013,

| — | having regard to Rule 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) of its Rules of Procedure,

| 1. | Takes note of the European Council’s conclusions on the MFF, which represent no more than a political agreement between Heads of State and Government; rejects this agreement in its current form, as it does not reflect the priorities and concerns expressed by Parliament — notably in its resolution of 23 October 2012 — and disregards Parliament’s role and competences as set out in the Treaty of Lisbon; considers that this agreement, which will bind the Union for the next seven years, cannot be accepted without the fulfilment of certain essential conditions; |
| --- | --- |

1.

Takes note of the European Council’s conclusions on the MFF, which represent no more than a political agreement between Heads of State and Government; rejects this agreement in its current form, as it does not reflect the priorities and concerns expressed by Parliament — notably in its resolution of 23 October 2012 — and disregards Parliament’s role and competences as set out in the Treaty of Lisbon; considers that this agreement, which will bind the Union for the next seven years, cannot be accepted without the fulfilment of certain essential conditions;

| 2. | Stresses its willingness to enter into fully fledged negotiations with the Council on all provisions of the MFF Regulation and the Interinstitutional Agreement, in order to ensure that the Union will be provided with a modern, forward-looking, flexible and transparent EU budget that can deliver growth and jobs and bridge the gap between the EU’s political commitments and budgetary means; underlines that it will only vote on the MFF Regulation and the Interinstitutional Agreement after the successful conclusion of substantial negotiations with the Council; |
| --- | --- |

2.

Stresses its willingness to enter into fully fledged negotiations with the Council on all provisions of the MFF Regulation and the Interinstitutional Agreement, in order to ensure that the Union will be provided with a modern, forward-looking, flexible and transparent EU budget that can deliver growth and jobs and bridge the gap between the EU’s political commitments and budgetary means; underlines that it will only vote on the MFF Regulation and the Interinstitutional Agreement after the successful conclusion of substantial negotiations with the Council;

| 3. | Declares its determination to exercise fully its legislative prerogatives as set out in the Treaty of Lisbon; states once more that negotiations on elements falling under the ordinary legislative procedure cannot be pre-empted by the European Council’s conclusions on the MFF, which must be taken as no more than political recommendations to the Council; |
| --- | --- |

3.

Declares its determination to exercise fully its legislative prerogatives as set out in the Treaty of Lisbon; states once more that negotiations on elements falling under the ordinary legislative procedure cannot be pre-empted by the European Council’s conclusions on the MFF, which must be taken as no more than political recommendations to the Council;

| 4. | Reiterates the view that the MFF for 2014-2020 should ensure the successful implementation of the Europe 2020 strategy and endow the EU with the necessary means to recover from the crisis and come out stronger; stresses, therefore, the importance of substantially increasing its investments in innovation, research and development, infrastructure and youth, meeting the EU’s climate change and energy objectives, improving education levels and promoting social inclusion, while fulfilling its international commitments; |
| --- | --- |

4.

Reiterates the view that the MFF for 2014-2020 should ensure the successful implementation of the Europe 2020 strategy and endow the EU with the necessary means to recover from the crisis and come out stronger; stresses, therefore, the importance of substantially increasing its investments in innovation, research and development, infrastructure and youth, meeting the EU’s climate change and energy objectives, improving education levels and promoting social inclusion, while fulfilling its international commitments;

| 5. | Denounces the lack of transparency in the way the political agreement was reached by the European Council on both the expenditure and the revenue side of the MFF; insists that it must have all relevant information at the disposal of the Commission on the level of agreed national allocations under cohesion and agricultural policies, including the derogations and specific allocations to each Member State; also requests all relevant information on the impact per Member State of the decisions taken on the revenue side of the MFF; |
| --- | --- |

5.

Denounces the lack of transparency in the way the political agreement was reached by the European Council on both the expenditure and the revenue side of the MFF; insists that it must have all relevant information at the disposal of the Commission on the level of agreed national allocations under cohesion and agricultural policies, including the derogations and specific allocations to each Member State; also requests all relevant information on the impact per Member State of the decisions taken on the revenue side of the MFF;

| 6. | Strongly opposes the current accumulation and rollover of outstanding payment claims in the EU budget, and expresses its firm opposition to a financial framework that might lead the EU budget into a structural deficit, against the provisions of the Treaty (Articles 310 and 323 TFEU); |
| --- | --- |

6.

Strongly opposes the current accumulation and rollover of outstanding payment claims in the EU budget, and expresses its firm opposition to a financial framework that might lead the EU budget into a structural deficit, against the provisions of the Treaty (Articles 310 and 323 TFEU);

| 7. | Is therefore determined to prevent any further shifts of payments from 2013 to the next MFF; recalls the declaration annexed to the EU Budget 2013 calling for the Commission to present, at an early stage in the year 2013, a Draft Amending Budget devoted to the sole purpose of covering all unpaid payment claims for 2012; emphasises that it will not start negotiations on the MFF until the Commission comes forward with an Amending Budget corresponding to this political commitment, and will not conclude these negotiations before the final adoption by Council and Parliament of this Amending Budget; also demands a political engagement from the Council that all legal obligations due in 2013 will be paid out by the end of this year; |
| --- | --- |

7.

Is therefore determined to prevent any further shifts of payments from 2013 to the next MFF; recalls the declaration annexed to the EU Budget 2013 calling for the Commission to present, at an early stage in the year 2013, a Draft Amending Budget devoted to the sole purpose of covering all unpaid payment claims for 2012; emphasises that it will not start negotiations on the MFF until the Commission comes forward with an Amending Budget corresponding to this political commitment, and will not conclude these negotiations before the final adoption by Council and Parliament of this Amending Budget; also demands a political engagement from the Council that all legal obligations due in 2013 will be paid out by the end of this year;

| 8. | Gives a strong mandate to its negotiating team to conduct negotiations on an overall package that includes, in addition to the MFF, a compulsory and comprehensive revision, a maximum overall flexibility and an agreement on own resources, and that ensures the unity of the EU budget; confirms that the negotiations will be based on all the elements set out in its resolution of 23 October 2012, including the responsibility of the Member States — to be assumed at the appropriate political level — for the management of EU funds; |
| --- | --- |

8.

Gives a strong mandate to its negotiating team to conduct negotiations on an overall package that includes, in addition to the MFF, a compulsory and comprehensive revision, a maximum overall flexibility and an agreement on own resources, and that ensures the unity of the EU budget; confirms that the negotiations will be based on all the elements set out in its resolution of 23 October 2012, including the responsibility of the Member States — to be assumed at the appropriate political level — for the management of EU funds;

| 9. | Firmly believes that, in order to ensure full democratic legitimacy, the next European Parliament and Commission — that will come into office following the 2014 European elections — should be in a position to reconfirm the Union’s budgetary priorities and carry out a revision of the MFF 2014-2020; underlines, therefore, its position in favour of a compulsory and comprehensive revision of the MFF, or possibly a sunset clause; considers that the revision should be legally binding, enshrined in the MFF Regulation and decided by qualified majority in the Council, making full use of the passerelle clause of Article 312(2) of the TFEU; |
| --- | --- |

9.

Firmly believes that, in order to ensure full democratic legitimacy, the next European Parliament and Commission — that will come into office following the 2014 European elections — should be in a position to reconfirm the Union’s budgetary priorities and carry out a revision of the MFF 2014-2020; underlines, therefore, its position in favour of a compulsory and comprehensive revision of the MFF, or possibly a sunset clause; considers that the revision should be legally binding, enshrined in the MFF Regulation and decided by qualified majority in the Council, making full use of the passerelle clause of Article 312(2) of the TFEU;

| 10. | Requests that the agreed MFF ceilings for commitment and payment appropriations be used to the fullest extent when establishing the annual EU budgets; considers, therefore, that the maximum overall flexibility between and within headings, as well as between financial years, needs to be ensured in the next MFF and decided by qualified majority in the Council; believes, in particular, that such flexibility should include the possibility of fully utilising the available margins of each heading in one financial year (for commitment appropriations), as well as an automatic carry-over of available margins to other financial years (for both commitment and payment appropriations); refers, in addition, to its detailed position on flexibility set out in its resolution of 23 October 2012 regarding the contingency margin, the recycling of the surplus of the EU budget, legislative flexibility and the individual flexibility mechanisms above the MFF ceilings; |
| --- | --- |

10.

Requests that the agreed MFF ceilings for commitment and payment appropriations be used to the fullest extent when establishing the annual EU budgets; considers, therefore, that the maximum overall flexibility between and within headings, as well as between financial years, needs to be ensured in the next MFF and decided by qualified majority in the Council; believes, in particular, that such flexibility should include the possibility of fully utilising the available margins of each heading in one financial year (for commitment appropriations), as well as an automatic carry-over of available margins to other financial years (for both commitment and payment appropriations); refers, in addition, to its detailed position on flexibility set out in its resolution of 23 October 2012 regarding the contingency margin, the recycling of the surplus of the EU budget, legislative flexibility and the individual flexibility mechanisms above the MFF ceilings;

| 11. | Stresses the importance of reaching an agreement on an in-depth reform of the own-resources system; emphasises that the EU budget should be financed by genuine own resources, as provided for in the Treaty; states, therefore, its commitment to a reform that reduces the share of GNI-based contributions to the EU budget to a maximum of 40 % and phases out all existing rebates and correction mechanisms; |
| --- | --- |

11.

Stresses the importance of reaching an agreement on an in-depth reform of the own-resources system; emphasises that the EU budget should be financed by genuine own resources, as provided for in the Treaty; states, therefore, its commitment to a reform that reduces the share of GNI-based contributions to the EU budget to a maximum of 40 % and phases out all existing rebates and correction mechanisms;

| 12. | Reiterates its support for the Commission’s legislative proposals on the own-resources package, including a binding roadmap; considers, furthermore, that in the event that the Council waters down these proposals so that they do not result in a significant decrease in the Member States’ GNI-based contributions to the EU budget, the Commission should come forward with additional proposals on the introduction of new genuine own resources; insists that revenues from the Financial Transaction Tax should be allocated at least partly to the EU budget as a genuine own resource; |
| --- | --- |

12.

Reiterates its support for the Commission’s legislative proposals on the own-resources package, including a binding roadmap; considers, furthermore, that in the event that the Council waters down these proposals so that they do not result in a significant decrease in the Member States’ GNI-based contributions to the EU budget, the Commission should come forward with additional proposals on the introduction of new genuine own resources; insists that revenues from the Financial Transaction Tax should be allocated at least partly to the EU budget as a genuine own resource;

| 13. | Insists that the principle of the unity of the EU budget be recalled and clearly defined in the Interinstitutional Agreement; believes that all expenditure and revenue resulting from decisions taken by, or in the name of, the EU institutions, including borrowing, lending and loan guarantee operations, must be summarised in a document annexed every year to the Draft Budget, providing an overall view of the financial and budgetary consequences of Union activities; expects that this will ensure full information for citizens and adequate parliamentary control; |
| --- | --- |

13.

Insists that the principle of the unity of the EU budget be recalled and clearly defined in the Interinstitutional Agreement; believes that all expenditure and revenue resulting from decisions taken by, or in the name of, the EU institutions, including borrowing, lending and loan guarantee operations, must be summarised in a document annexed every year to the Draft Budget, providing an overall view of the financial and budgetary consequences of Union activities; expects that this will ensure full information for citizens and adequate parliamentary control;

| 14. | Stresses that, in parallel with the MFF negotiations, Parliament and the Council should accelerate their negotiations on the specific legal bases of the EU programmes and policies for the period 2014-2020; underlines the fact that the negotiations on the MFF/IIA and the EU multiannual programmes constitute a single package, and reaffirms the principle that ‘nothing is agreed until everything is agreed’; |
| --- | --- |

14.

Stresses that, in parallel with the MFF negotiations, Parliament and the Council should accelerate their negotiations on the specific legal bases of the EU programmes and policies for the period 2014-2020; underlines the fact that the negotiations on the MFF/IIA and the EU multiannual programmes constitute a single package, and reaffirms the principle that ‘nothing is agreed until everything is agreed’;

| 15. | Recalls that if no MFF has been adopted by the end of 2013, the ceilings and other provisions corresponding to 2013 will be extended until such time as a new MFF is adopted; signals that, in this case, it would be ready to reach a swift agreement with the Council and Commission to adapt the internal structure of the MFF to reflect the Union’s political priorities, and to ensure that the appropriate legal bases are in place for all EU policies and programmes by 2014; |
| --- | --- |

15.

Recalls that if no MFF has been adopted by the end of 2013, the ceilings and other provisions corresponding to 2013 will be extended until such time as a new MFF is adopted; signals that, in this case, it would be ready to reach a swift agreement with the Council and Commission to adapt the internal structure of the MFF to reflect the Union’s political priorities, and to ensure that the appropriate legal bases are in place for all EU policies and programmes by 2014;

| 16. | Believes, given the crucial importance of any vote on the MFF, and in order to enable MEPs to be held accountable by their electors in the European Parliament elections in 2014, that any vote on the MFF should be held in an open and transparent manner; |
| --- | --- |

16.

Believes, given the crucial importance of any vote on the MFF, and in order to enable MEPs to be held accountable by their electors in the European Parliament elections in 2014, that any vote on the MFF should be held in an open and transparent manner;

| 17. | Instructs its President to forward this resolution to the European Council, the Council, the Commission, the governments and parliaments of the Member States, and the other institutions and bodies concerned. |
| --- | --- |

17.

Instructs its President to forward this resolution to the European Council, the Council, the Commission, the governments and parliaments of the Member States, and the other institutions and bodies concerned.

---

(1)  OJ C 380 E, 11.12.2012, p. 89.

(2)  Texts adopted, P7_TA(2012)0245.

(3)  Texts adopted, P7_TA(2012)0360.

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| 29.1.2016 | EN | Official Journal of the European Union | C 36/51 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/51

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P7_TA(2013)0081

Guidelines for the 2014 budget — Section III

European Parliament resolution of 13 March 2013 on the general guidelines for the preparation of the 2014 budget, Section III — Commission (2013/2010(BUD))

(2016/C 036/08)

The European Parliament,

| — | having regard to Articles 312, 313 and 314 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community, |
| --- | --- |

—

having regard to Articles 312, 313 and 314 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community,

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (IIA) (1), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (IIA) (1),

| — | having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (2), |
| --- | --- |

—

having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (2),

| — | having regard to its resolution of 12 December 2012 on the new draft general budget of the European Union for the financial year 2013 (3), |
| --- | --- |

—

having regard to its resolution of 12 December 2012 on the new draft general budget of the European Union for the financial year 2013 (3),

| — | having regard to the European Union’s general budget for the 2013 financial year (4) and to the three related joint statements agreed between the Parliament, the Council and the Commission, |
| --- | --- |

—

having regard to the European Union’s general budget for the 2013 financial year (4) and to the three related joint statements agreed between the Parliament, the Council and the Commission,

| — | having regard to Title II, Chapter 7 of its Rules of Procedure, |
| --- | --- |

—

having regard to Title II, Chapter 7 of its Rules of Procedure,

| — | having regard to the Council conclusions of 29 June 2012 and 19 October 2012 on the Compact for Growth and Jobs, |
| --- | --- |

—

having regard to the Council conclusions of 29 June 2012 and 19 October 2012 on the Compact for Growth and Jobs,

| — | having regard to the report of the Committee on Budgets (A7-0043/2013), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A7-0043/2013),

| A. | whereas the Treaty of Lisbon confers significant new prerogatives on the European Union in fields such as external action, sport, space, climate change, energy, tourism and civil protection; |
| --- | --- |

A.

whereas the Treaty of Lisbon confers significant new prerogatives on the European Union in fields such as external action, sport, space, climate change, energy, tourism and civil protection;

| B. | whereas pursuant to Article 312 of the Treaty of Lisbon, the multiannual financial framework is enshrined in the Treaty and shall be agreed in the form of a Council regulation, adopted by the Council by unanimity after obtaining the consent of the European Parliament by a majority of its component members; |
| --- | --- |

B.

whereas pursuant to Article 312 of the Treaty of Lisbon, the multiannual financial framework is enshrined in the Treaty and shall be agreed in the form of a Council regulation, adopted by the Council by unanimity after obtaining the consent of the European Parliament by a majority of its component members;

| C. | whereas the current multiannual financial framework ends at the end of 2013 and whereas 2014 should be the first year of implementation of the next multiannual financial framework; |
| --- | --- |

C.

whereas the current multiannual financial framework ends at the end of 2013 and whereas 2014 should be the first year of implementation of the next multiannual financial framework;

| D. | whereas 2013 will be the first year of implementation of the new Regulation on the financial rules applicable to the general budget of the Union; |
| --- | --- |

D.

whereas 2013 will be the first year of implementation of the new Regulation on the financial rules applicable to the general budget of the Union;

General context

| 1. | Takes note of the European Council conclusions of 8 February 2013 on the next multiannual financial framework (MFF); insists that if the European Parliament has not yet given its consent to the new MFF Regulation, the European Commission should first draw up the Draft Budget for 2014 on the basis of its own proposals on the MFF 2014-2020, and then if no agreement is reached on a new MFF it should adjust its proposal according to Article 312(4) of the Treaty and Article 30 of the current Interinstitutional Agreement on budgetary discipline and sound financial management; |
| --- | --- |

1.

Takes note of the European Council conclusions of 8 February 2013 on the next multiannual financial framework (MFF); insists that if the European Parliament has not yet given its consent to the new MFF Regulation, the European Commission should first draw up the Draft Budget for 2014 on the basis of its own proposals on the MFF 2014-2020, and then if no agreement is reached on a new MFF it should adjust its proposal according to Article 312(4) of the Treaty and Article 30 of the current Interinstitutional Agreement on budgetary discipline and sound financial management;

| 2. | Recalls that in the event of no agreement on the next MFF Regulation by the end of this year, Article 312(2), according to which the MFF regulation is adopted by the Council only after the European Parliament has given its consent, Article 312(4) which foresees the application of the ceilings of the last year of the current MFF in case no agreement on the next MFF is reached in due time and Article 30 of the current inter-institutional agreement on budgetary discipline and sound financial management will apply, which means a prolongation of the 2013 ceilings, adjusted with a 2 % fixed deflator a year, until adoption of a new MFF regulation; reiterates, in this eventuality, its readiness to reach a swift agreement with the Council and the Commission on ensuring that legal bases are in force for the implementation of EU programmes and policies in 2014; |
| --- | --- |

2.

Recalls that in the event of no agreement on the next MFF Regulation by the end of this year, Article 312(2), according to which the MFF regulation is adopted by the Council only after the European Parliament has given its consent, Article 312(4) which foresees the application of the ceilings of the last year of the current MFF in case no agreement on the next MFF is reached in due time and Article 30 of the current inter-institutional agreement on budgetary discipline and sound financial management will apply, which means a prolongation of the 2013 ceilings, adjusted with a 2 % fixed deflator a year, until adoption of a new MFF regulation; reiterates, in this eventuality, its readiness to reach a swift agreement with the Council and the Commission on ensuring that legal bases are in force for the implementation of EU programmes and policies in 2014;

| 3. | Acknowledges the difficulty in defining general guidelines on the 2014 budget while there is much uncertainty as to the level of the 2014 commitment ceiling; underlines that this could range from EUR 142,540 billion in 2014 prices — if the MFF 2014-2020 were to be agreed on the basis of the European Council’s conclusions dated 7—8 February 2013 — to EUR 155,5 billion in 2014 prices in case of prolongation of the 2013 ceiling; |
| --- | --- |

3.

Acknowledges the difficulty in defining general guidelines on the 2014 budget while there is much uncertainty as to the level of the 2014 commitment ceiling; underlines that this could range from EUR 142,540 billion in 2014 prices — if the MFF 2014-2020 were to be agreed on the basis of the European Council’s conclusions dated 7—8 February 2013 — to EUR 155,5 billion in 2014 prices in case of prolongation of the 2013 ceiling;

| 4. | Notes that the economic and financial crisis has created a consensus among European political leaders in favour of greater economic, fiscal, financial and banking integration as well as better governance, and has shown the need to stimulate growth in order to restore public finances; underlines that a reduced European budget would be in contradiction with these political aims; |
| --- | --- |

4.

Notes that the economic and financial crisis has created a consensus among European political leaders in favour of greater economic, fiscal, financial and banking integration as well as better governance, and has shown the need to stimulate growth in order to restore public finances; underlines that a reduced European budget would be in contradiction with these political aims;

A sufficient and realistic level of payments

| 5. | Is of the opinion that budgeting a sufficient and realistic level of payments at the beginning of the budgetary cycle would avoid unnecessary complications during the implementation of the budget, as witnessed in particular with the 2012 budget; |
| --- | --- |

5.

Is of the opinion that budgeting a sufficient and realistic level of payments at the beginning of the budgetary cycle would avoid unnecessary complications during the implementation of the budget, as witnessed in particular with the 2012 budget;

| 6. | Recalls that, due to the intransigent position of the Council in the negotiations, the overall level of payments set in the 2013 budget is EUR 5 billion lower than the Commission’s estimates for payment needs in the draft budget; underlines that the Commission’s proposal was based on a revision downwards of the 2013 forecasts provided by Member States themselves and on the assumption that all payment claims to be received in 2012 would be paid out of the 2012 budget; is therefore extremely worried about the level of payments in the 2013 budget and points out that this level of appropriations will be insufficient to cover actual payment needs in 2013 as the margin of payments left below the MFF payments ceiling in the 2013 budget amounts to EUR 11,2 billion while the carryover alone of additional payment needs from 2012 is over EUR 16 billion; warns that continued and excessive deferral of payments on an annual basis will create significant problems for future years; |
| --- | --- |

6.

Recalls that, due to the intransigent position of the Council in the negotiations, the overall level of payments set in the 2013 budget is EUR 5 billion lower than the Commission’s estimates for payment needs in the draft budget; underlines that the Commission’s proposal was based on a revision downwards of the 2013 forecasts provided by Member States themselves and on the assumption that all payment claims to be received in 2012 would be paid out of the 2012 budget; is therefore extremely worried about the level of payments in the 2013 budget and points out that this level of appropriations will be insufficient to cover actual payment needs in 2013 as the margin of payments left below the MFF payments ceiling in the 2013 budget amounts to EUR 11,2 billion while the carryover alone of additional payment needs from 2012 is over EUR 16 billion; warns that continued and excessive deferral of payments on an annual basis will create significant problems for future years;

| 7. | Attaches the greatest political importance to the joint statements signed by Parliament, the Council and the Commission at their highest political level in December 2012, which are an integral part of the agreement between the two arms of the budgetary authority on the 2013 budget and according to which the necessary additional payment appropriations shall be provided to the EU budget in 2013 in order for the Union to be able to pay its bills and preserve its political credibility and its solvency; |
| --- | --- |

7.

Attaches the greatest political importance to the joint statements signed by Parliament, the Council and the Commission at their highest political level in December 2012, which are an integral part of the agreement between the two arms of the budgetary authority on the 2013 budget and according to which the necessary additional payment appropriations shall be provided to the EU budget in 2013 in order for the Union to be able to pay its bills and preserve its political credibility and its solvency;

| 8. | Recalls that, in line with the provisions of the joint statement on payments 2012, the Commission shall present at an early stage in 2013 a draft amending budget devoted to the sole purpose of covering the suspended claims from 2012, amounting to EUR 2,9 billion, and other pending legal obligations, without prejudice to the proper implementation of the 2013 budget; recalls that in November and December 2012 additional payment requests under shared management for an overall amount of around EUR 16 billion were submitted to the Commission, which will need to be paid out in 2013; therefore urges the Commission to submit this draft amending budget without any delay and at the latest by the end of March 2013, in order to avoid any interference with the budget 2014 procedure; |
| --- | --- |

8.

Recalls that, in line with the provisions of the joint statement on payments 2012, the Commission shall present at an early stage in 2013 a draft amending budget devoted to the sole purpose of covering the suspended claims from 2012, amounting to EUR 2,9 billion, and other pending legal obligations, without prejudice to the proper implementation of the 2013 budget; recalls that in November and December 2012 additional payment requests under shared management for an overall amount of around EUR 16 billion were submitted to the Commission, which will need to be paid out in 2013; therefore urges the Commission to submit this draft amending budget without any delay and at the latest by the end of March 2013, in order to avoid any interference with the budget 2014 procedure;

| 9. | Further calls on the Commission and the Council to work constructively, together with Parliament, to avoid any repetition of this situation in future budget cycles by improving forecasting accuracy and agreeing on realistic and sufficient budget estimates which should include clear and detailed information on the nature of all payment estimates; |
| --- | --- |

9.

Further calls on the Commission and the Council to work constructively, together with Parliament, to avoid any repetition of this situation in future budget cycles by improving forecasting accuracy and agreeing on realistic and sufficient budget estimates which should include clear and detailed information on the nature of all payment estimates;

| 10. | In this respect, calls again on the Commission to provide monthly reports to Parliament and the Council on the evolution of Member States’ payment claims for the structural funds, cohesion fund, rural development and fisheries funds (breakdown per Member State and per fund). The information provided by these monthly reports should be the basis for monitoring the fulfilment of commitments agreed upon between the institutions; |
| --- | --- |

10.

In this respect, calls again on the Commission to provide monthly reports to Parliament and the Council on the evolution of Member States’ payment claims for the structural funds, cohesion fund, rural development and fisheries funds (breakdown per Member State and per fund). The information provided by these monthly reports should be the basis for monitoring the fulfilment of commitments agreed upon between the institutions;

| 11. | Urges also that an interinstitutional working group on payments be set up as soon as possible, building on the experience of the interinstitutional meetings on payments that were organised in the context of the 2013 budgetary procedure; firmly believes that such meetings at political level are instrumental in avoiding any possible misunderstanding as to the accuracy of figures and estimates regarding payment needs; believes in particular that this working group should address as a matter of priority the question of the gap between forecasts provided by Member States’ authorities for shared management expenditures and the level of payment appropriations that the Council is collectively imposing in the course of the budget negotiations; calls for the first interinstitutional meeting on payments to take place in the first semester of 2013; |
| --- | --- |

11.

Urges also that an interinstitutional working group on payments be set up as soon as possible, building on the experience of the interinstitutional meetings on payments that were organised in the context of the 2013 budgetary procedure; firmly believes that such meetings at political level are instrumental in avoiding any possible misunderstanding as to the accuracy of figures and estimates regarding payment needs; believes in particular that this working group should address as a matter of priority the question of the gap between forecasts provided by Member States’ authorities for shared management expenditures and the level of payment appropriations that the Council is collectively imposing in the course of the budget negotiations; calls for the first interinstitutional meeting on payments to take place in the first semester of 2013;

| 12. | Is deeply concerned that, despite the payment implementation level being 99 % at the end of 2012, the stock of outstanding commitments (RALs, or restes à liquider) has increased over the past year by EUR 10 billion to now reach the unprecedented level of EUR 217,3 billion; expects that the level of RAL might even be higher by the end of 2013; warns against applying the automatic de-commitment rule too rigorously as a way of solving the RAL problem as this would run counter to the Compact for Growth and Jobs agreed by the European Council in 2012; considers that this year interinstitutional meetings on payments should closely examine the difference between commitment and payment appropriations, establish a dialogue with the Commission in order to fully clarify the composition of RAL and assess whether the current peak in RAL is primarily due to the economic crisis or whether it indicates wider structural problems; in the event of the latter conclusion, calls on the institutions to work together and adopt an appropriate plan of action in order to address the issue of the unprecedented level of RAL during the next MFF; insists that the Council refrain from deciding a priori the level of payments, without taking account of actual needs and legal obligations; notes further that accruing RAL actually undermines a transparent EU budget in which the relation between commitments and payments in any specific budgetary year is clearly visible; |
| --- | --- |

12.

Is deeply concerned that, despite the payment implementation level being 99 % at the end of 2012, the stock of outstanding commitments (RALs, or restes à liquider) has increased over the past year by EUR 10 billion to now reach the unprecedented level of EUR 217,3 billion; expects that the level of RAL might even be higher by the end of 2013; warns against applying the automatic de-commitment rule too rigorously as a way of solving the RAL problem as this would run counter to the Compact for Growth and Jobs agreed by the European Council in 2012; considers that this year interinstitutional meetings on payments should closely examine the difference between commitment and payment appropriations, establish a dialogue with the Commission in order to fully clarify the composition of RAL and assess whether the current peak in RAL is primarily due to the economic crisis or whether it indicates wider structural problems; in the event of the latter conclusion, calls on the institutions to work together and adopt an appropriate plan of action in order to address the issue of the unprecedented level of RAL during the next MFF; insists that the Council refrain from deciding a priori the level of payments, without taking account of actual needs and legal obligations; notes further that accruing RAL actually undermines a transparent EU budget in which the relation between commitments and payments in any specific budgetary year is clearly visible;

| 13. | Recalls that 2014 is a year of transition between two multiannual financial frameworks and expects the Commission to accompany its financial programming for 2014 with a thorough and realistic assessment of the level of appropriations, keeping in mind that even if the multiannual financial programme has a slower path of implementation in a starting year than at the end, and that consequently, the level of payments needs is usually lower at the beginning of the multiannual financial period than at the end, the question of the RAL at the end of 2013 will have to be addressed as a matter of urgency; |
| --- | --- |

13.

Recalls that 2014 is a year of transition between two multiannual financial frameworks and expects the Commission to accompany its financial programming for 2014 with a thorough and realistic assessment of the level of appropriations, keeping in mind that even if the multiannual financial programme has a slower path of implementation in a starting year than at the end, and that consequently, the level of payments needs is usually lower at the beginning of the multiannual financial period than at the end, the question of the RAL at the end of 2013 will have to be addressed as a matter of urgency;

| 14. | Urges the Commission, when adopting its draft budget for 2014, to provide clear and factual evidence of the link between the level of appropriations it proposes and the implementation of the Growth and Jobs Compact adopted by the June 2012 European Council; asks the institutions to improve the existing provisions for certain Member States which are particularly suffering from the financial crisis, in order to further improve their capacity to absorb structural and cohesion funds and prevent the anticipated huge decommitments; |
| --- | --- |

14.

Urges the Commission, when adopting its draft budget for 2014, to provide clear and factual evidence of the link between the level of appropriations it proposes and the implementation of the Growth and Jobs Compact adopted by the June 2012 European Council; asks the institutions to improve the existing provisions for certain Member States which are particularly suffering from the financial crisis, in order to further improve their capacity to absorb structural and cohesion funds and prevent the anticipated huge decommitments;

| 15. | Insists that the 2013 budget negotiations have demonstrated once more that the system of financing the EU budget — with national contributions amounting to more than 75 % of EU revenue — is in contradiction with the letter and the spirit of the Treaty, and is putting the EU budget in a position of total dependency on national treasuries, which can be particularly detrimental at a time of national budgetary constraints; urges that the structure of Union revenue be reformed to include the introduction of new and genuine own resources, like the financial transaction tax and the new EU VAT; recalls its support to the Commission proposal for reforming the own resources system; |
| --- | --- |

15.

Insists that the 2013 budget negotiations have demonstrated once more that the system of financing the EU budget — with national contributions amounting to more than 75 % of EU revenue — is in contradiction with the letter and the spirit of the Treaty, and is putting the EU budget in a position of total dependency on national treasuries, which can be particularly detrimental at a time of national budgetary constraints; urges that the structure of Union revenue be reformed to include the introduction of new and genuine own resources, like the financial transaction tax and the new EU VAT; recalls its support to the Commission proposal for reforming the own resources system;

The role of the EU budget in implementing the EU 2020 strategy and in creating economic growth and jobs

| 16. | Recalls that 2014 is scheduled to be the first year of implementation of the new MFF and is therefore important for the successful start of the new programming period; is of the opinion that the priority of the European budget in 2014 should be to sustain economic growth and competitiveness, boost employment and fight against youth unemployment; |
| --- | --- |

16.

Recalls that 2014 is scheduled to be the first year of implementation of the new MFF and is therefore important for the successful start of the new programming period; is of the opinion that the priority of the European budget in 2014 should be to sustain economic growth and competitiveness, boost employment and fight against youth unemployment;

| 17. | Recalls the particular nature of the EU budget, which amounts to only 1 % of the EU GDP and is an investment budget with a strong leverage effect; underlines that 94 % of it goes back to the Member States and European citizens through its policies and programmes, and therefore should not be seen as an additional burden but as a tool to boost investment, growth and jobs in Europe; emphasises that, for the regions and Member States, public investment would be minimised or impossible without the contribution of the EU budget; believes that any decrease in the EU budget would inevitably increase imbalances and hamper the growth and competitive strength of the entire Union economy, as well as its cohesiveness, and would undermine the principle of solidarity as a core EU value; is of the opinion that the demand for ‘more Europe’ is meaningless when it is accompanied by proposals for the drastic reduction of EU funds; |
| --- | --- |

17.

Recalls the particular nature of the EU budget, which amounts to only 1 % of the EU GDP and is an investment budget with a strong leverage effect; underlines that 94 % of it goes back to the Member States and European citizens through its policies and programmes, and therefore should not be seen as an additional burden but as a tool to boost investment, growth and jobs in Europe; emphasises that, for the regions and Member States, public investment would be minimised or impossible without the contribution of the EU budget; believes that any decrease in the EU budget would inevitably increase imbalances and hamper the growth and competitive strength of the entire Union economy, as well as its cohesiveness, and would undermine the principle of solidarity as a core EU value; is of the opinion that the demand for ‘more Europe’ is meaningless when it is accompanied by proposals for the drastic reduction of EU funds;

| 18. | Acknowledges the persistent economic and budgetary constraints at national level, and the fiscal consolidation efforts undertaken by the Member States; underlines, however, that the EU budget is an effective tool for investment and solidarity with proven added value at both European and national level; is convinced that the budget’s ability to trigger economic growth, competitiveness and job creation is even more important in times of economic difficulty as it will create the conditions for the success of these consolidation efforts and that the EU budget should be seen as an instrument to exit the crisis; |
| --- | --- |

18.

Acknowledges the persistent economic and budgetary constraints at national level, and the fiscal consolidation efforts undertaken by the Member States; underlines, however, that the EU budget is an effective tool for investment and solidarity with proven added value at both European and national level; is convinced that the budget’s ability to trigger economic growth, competitiveness and job creation is even more important in times of economic difficulty as it will create the conditions for the success of these consolidation efforts and that the EU budget should be seen as an instrument to exit the crisis;

| 19. | Emphasises the need to enhance financial support and activities as regards the introduction of quality education systems that combine practical training with vocational education; asks for stronger support for cooperation between Member States in the field of vocational education in order to combat youth unemployment effectively; recalls, in this regard, the proposal for a Council Recommendation on establishing a Youth Guarantee (5); |
| --- | --- |

19.

Emphasises the need to enhance financial support and activities as regards the introduction of quality education systems that combine practical training with vocational education; asks for stronger support for cooperation between Member States in the field of vocational education in order to combat youth unemployment effectively; recalls, in this regard, the proposal for a Council Recommendation on establishing a Youth Guarantee (5);

| 20. | Recalls that all the macroeconomic financial stabilisation measures taken since 2008 have not yet brought an end to the economic and financial crisis; believes, therefore, that in order to return to growth and generate employment in Europe, Member States should continue their efforts to unlock their potential for sustainable and inclusive growth, for instance through the promotion of education, lifelong learning and mobility; a well targeted, robust and sufficient EU budget must be part of the solution and is needed to further help coordinate and enhance the national efforts; |
| --- | --- |

20.

Recalls that all the macroeconomic financial stabilisation measures taken since 2008 have not yet brought an end to the economic and financial crisis; believes, therefore, that in order to return to growth and generate employment in Europe, Member States should continue their efforts to unlock their potential for sustainable and inclusive growth, for instance through the promotion of education, lifelong learning and mobility; a well targeted, robust and sufficient EU budget must be part of the solution and is needed to further help coordinate and enhance the national efforts;

| 21. | Calls, therefore, on the Member States to consider synergies between the national consolidation effort and the added value of a well-prioritised EU budget, allowing the implementation of the political commitments already made at the highest level; recalls that implementation of political commitments and priorities is much more effective when there is a synergy between national and EU budgets and underlines the importance of inter-parliamentary debates on the common economic and budgetary orientations of the Member States and of the Union, within the framework of European Parliamentary Week on the European Semester for Economic Policy Coordination; |
| --- | --- |

21.

Calls, therefore, on the Member States to consider synergies between the national consolidation effort and the added value of a well-prioritised EU budget, allowing the implementation of the political commitments already made at the highest level; recalls that implementation of political commitments and priorities is much more effective when there is a synergy between national and EU budgets and underlines the importance of inter-parliamentary debates on the common economic and budgetary orientations of the Member States and of the Union, within the framework of European Parliamentary Week on the European Semester for Economic Policy Coordination;

| 22. | Invites the Commission when presenting its Draft Budget for 2014 to properly address the role of the EU budget in the European Semester process; calls, in particular, on the Commission to provide factual and concrete data on how its proposed draft EU budget can actually play a triggering, catalytic, synergetic and complementary role to investments at local, regional and national levels to implement the priorities agreed in the framework of the European semester; |
| --- | --- |

22.

Invites the Commission when presenting its Draft Budget for 2014 to properly address the role of the EU budget in the European Semester process; calls, in particular, on the Commission to provide factual and concrete data on how its proposed draft EU budget can actually play a triggering, catalytic, synergetic and complementary role to investments at local, regional and national levels to implement the priorities agreed in the framework of the European semester;

| 23 | Considers that most of the time EU expenditure has the potential for creating economies of scale and should automatically lead to an assessment of possible savings at national level, which would significantly alleviate Member States’ public finances; |
| --- | --- |

23

Considers that most of the time EU expenditure has the potential for creating economies of scale and should automatically lead to an assessment of possible savings at national level, which would significantly alleviate Member States’ public finances;

| 24. | Emphases the need to take advantage of all tools and actions at the disposal of the European Union to help Member States emerge from the crisis and to prevent future ones; highlights the crucial role played by the three European supervisory authorities in enabling comprehensive delivery of the financial regulation agenda and supervisory structures; calls on the Commission to propose sufficient funding for these three agencies in its 2014 draft budget and to foresee, when preparing the assessment and a revision of the regulations for January 2014, a revised funding model for these agencies that will increase their independence, while safeguarding the unity of the EU budget; |
| --- | --- |

24.

Emphases the need to take advantage of all tools and actions at the disposal of the European Union to help Member States emerge from the crisis and to prevent future ones; highlights the crucial role played by the three European supervisory authorities in enabling comprehensive delivery of the financial regulation agenda and supervisory structures; calls on the Commission to propose sufficient funding for these three agencies in its 2014 draft budget and to foresee, when preparing the assessment and a revision of the regulations for January 2014, a revised funding model for these agencies that will increase their independence, while safeguarding the unity of the EU budget;

| 25. | Highlights the strategic effect of the choice of priorities for 2014, as the first year of the coming MFF; emphasises the urgent need for the EU to foster growth and competitiveness, with the objective of creating jobs and opportunities, in particular for young people; |
| --- | --- |

25.

Highlights the strategic effect of the choice of priorities for 2014, as the first year of the coming MFF; emphasises the urgent need for the EU to foster growth and competitiveness, with the objective of creating jobs and opportunities, in particular for young people;

| 26. | Recalls, in this regard, that the EU 2020 strategy should be at the heart of the next MFF (2014 — 2020) and urges the Commission to prioritise and clearly demonstrate all related investments in the 2014 budget, placing emphasis on investments in the fields of the knowledge triangle (education, research innovation), infrastructures, SMEs, renewable energy, sustainable development, entrepreneurship, employment — in particular youth employment — and skills, as well as the strengthening of economic, social and territorial cohesion; |
| --- | --- |

26.

Recalls, in this regard, that the EU 2020 strategy should be at the heart of the next MFF (2014 — 2020) and urges the Commission to prioritise and clearly demonstrate all related investments in the 2014 budget, placing emphasis on investments in the fields of the knowledge triangle (education, research innovation), infrastructures, SMEs, renewable energy, sustainable development, entrepreneurship, employment — in particular youth employment — and skills, as well as the strengthening of economic, social and territorial cohesion;

| 27. | Deplores the Council’s usual horizontal cuts and warns it against the temptation to again make use of such artificial cuts; will pay particular attention to ensure a sufficient level of payments for policies and programmes fostering growth and competitiveness; |
| --- | --- |

27.

Deplores the Council’s usual horizontal cuts and warns it against the temptation to again make use of such artificial cuts; will pay particular attention to ensure a sufficient level of payments for policies and programmes fostering growth and competitiveness;

| 28. | Intends to continue a close examination of the Commission’s intention of reducing the staffing level in EU institutions and recalls that this is to be seen as an overall goal; notes the adverse impact such measures may have on the swift, regular and effective implementation of EU actions and programmes; is of the opinion that the efficiency of the administration must be secured and even strengthened; considers that any short-term or long-term revision in staff should be based on a prior impact assessment and should take full account of, inter alia, the Union’s legal obligations and the institutions’ new competences and increased tasks arising from the Treaties; recalls the Joint Statement on decentralised agencies, in particular the annexed common approach and its stipulations on agencies being entrusted with new tasks; |
| --- | --- |

28.

Intends to continue a close examination of the Commission’s intention of reducing the staffing level in EU institutions and recalls that this is to be seen as an overall goal; notes the adverse impact such measures may have on the swift, regular and effective implementation of EU actions and programmes; is of the opinion that the efficiency of the administration must be secured and even strengthened; considers that any short-term or long-term revision in staff should be based on a prior impact assessment and should take full account of, inter alia, the Union’s legal obligations and the institutions’ new competences and increased tasks arising from the Treaties; recalls the Joint Statement on decentralised agencies, in particular the annexed common approach and its stipulations on agencies being entrusted with new tasks;

o

o o

| 29. | Instructs its President to forward this resolution to the Council, the Commission and the Court of Auditors. |
| --- | --- |

29.

Instructs its President to forward this resolution to the Council, the Commission and the Court of Auditors.

---

(1)  OJ C 139, 14.6.2006, p. 1.

(2)  OJ L 298, 26.10.2012, p. 1.

(3)  Texts adopted, P7_TA(2012)0486.

(4)  OJ L 66, 8.3.2013.

(5)  COM(2012)0729 final.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/56 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/56

---

P7_TA(2013)0082

Composition of the European Parliament with a view to the 2014 elections

European Parliament resolution of 13 March 2013 on the composition of the European Parliament with a view to the 2014 elections (2012/2309(INL))

(2016/C 036/09)

The European Parliament,

| — | having regard to Article 14(2) of the Treaty on European Union (TEU), |
| --- | --- |

—

having regard to Article 14(2) of the Treaty on European Union (TEU),

| — | having regard to Protocol No 36 on transitional provisions, |
| --- | --- |

—

having regard to Protocol No 36 on transitional provisions,

| — | having regard to the Treaty concerning the accession of the Republic of Croatia to the European Union, |
| --- | --- |

—

having regard to the Treaty concerning the accession of the Republic of Croatia to the European Union,

| — | having regard to Rules 41, 48 and 74f of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 41, 48 and 74f of its Rules of Procedure,

| — | having regard to its resolution of 11 October 2007 on the composition of the European Parliament (1), |
| --- | --- |

—

having regard to its resolution of 11 October 2007 on the composition of the European Parliament (1),

| — | having regard to the report of the Committee on Constitutional Affairs (A7-0041/2013), |
| --- | --- |

—

having regard to the report of the Committee on Constitutional Affairs (A7-0041/2013),

| A. | whereas Article 2(1) and (2) of Protocol No 36 will expire at the end of the 2009-2014 parliamentary term, |
| --- | --- |

A.

whereas Article 2(1) and (2) of Protocol No 36 will expire at the end of the 2009-2014 parliamentary term,

| B. | whereas the Republic of Croatia is expected to accede to the Union before the elections to the European Parliament that are due to be held in the spring of 2014, and whereas Article 19(1) of the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community will expire at the end of the 2009-2014 parliamentary term, |
| --- | --- |

B.

whereas the Republic of Croatia is expected to accede to the Union before the elections to the European Parliament that are due to be held in the spring of 2014, and whereas Article 19(1) of the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community will expire at the end of the 2009-2014 parliamentary term,

| C. | whereas the demographic changes that have occurred since the last elections to the European Parliament should be taken into consideration, |
| --- | --- |

C.

whereas the demographic changes that have occurred since the last elections to the European Parliament should be taken into consideration,

| D. | whereas the establishment of a durable system for the apportionment of seats in the European Parliament should be considered in conjunction with a revision of the voting system in the Council as part of an overall reform of the Union institutions to be defined in a Convention, convened pursuant to Article 48(3) TEU, and whereas such reform should recognise that, according to the Treaties, the basis for Union democracy is the representation of both citizens and Member States, |
| --- | --- |

D.

whereas the establishment of a durable system for the apportionment of seats in the European Parliament should be considered in conjunction with a revision of the voting system in the Council as part of an overall reform of the Union institutions to be defined in a Convention, convened pursuant to Article 48(3) TEU, and whereas such reform should recognise that, according to the Treaties, the basis for Union democracy is the representation of both citizens and Member States,

| E. | whereas the apportionment of seats for the next parliamentary term should not be arbitrary but should instead be based on objective criteria to be applied in a pragmatic manner, and whereas such apportionment should compensate gains in the number of seats with losses in such a way that losses are limited to a maximum of one seat per Member State, |
| --- | --- |

E.

whereas the apportionment of seats for the next parliamentary term should not be arbitrary but should instead be based on objective criteria to be applied in a pragmatic manner, and whereas such apportionment should compensate gains in the number of seats with losses in such a way that losses are limited to a maximum of one seat per Member State,

| 1. | Submits to the European Council the annexed proposal for a decision of the European Council establishing the composition of the European Parliament for the 2014-2019 parliamentary term, on the basis of its right of initiative laid down in Article 14(2) TEU; |
| --- | --- |

1.

Submits to the European Council the annexed proposal for a decision of the European Council establishing the composition of the European Parliament for the 2014-2019 parliamentary term, on the basis of its right of initiative laid down in Article 14(2) TEU;

| 2. | Underlines the urgent need to adopt that decision, which requires its consent, as soon as the Treaty concerning the accession of the Republic of Croatia to the European Union enters into force, so that the Member States can enact, in good time, the necessary domestic measures for organising the elections to the European Parliament for the 2014-2019 parliamentary term; |
| --- | --- |

2.

Underlines the urgent need to adopt that decision, which requires its consent, as soon as the Treaty concerning the accession of the Republic of Croatia to the European Union enters into force, so that the Member States can enact, in good time, the necessary domestic measures for organising the elections to the European Parliament for the 2014-2019 parliamentary term;

| 3. | Commits itself to submit shortly a proposal aimed at improving the practical arrangements for the holding of the elections in 2014; |
| --- | --- |

3.

Commits itself to submit shortly a proposal aimed at improving the practical arrangements for the holding of the elections in 2014;

| 4. | Undertakes to submit, before the end of 2015, a new proposal for a decision of the European Council with the aim of establishing, sufficiently far in advance of the beginning of the 2019-2024 parliamentary term, a durable and transparent system which, in future, before each fresh election to the European Parliament, will allow seats to be apportioned amongst the Member States in an objective manner, based on the principle of degressive proportionality as set forth in Article 1 of the annexed proposal for a decision, taking account of any change in their number and demographic trends in their population, as duly ascertained, and without excluding the possibility of reserving a number of seats to members elected on transnational lists; |
| --- | --- |

4.

Undertakes to submit, before the end of 2015, a new proposal for a decision of the European Council with the aim of establishing, sufficiently far in advance of the beginning of the 2019-2024 parliamentary term, a durable and transparent system which, in future, before each fresh election to the European Parliament, will allow seats to be apportioned amongst the Member States in an objective manner, based on the principle of degressive proportionality as set forth in Article 1 of the annexed proposal for a decision, taking account of any change in their number and demographic trends in their population, as duly ascertained, and without excluding the possibility of reserving a number of seats to members elected on transnational lists;

| 5. | Observes that the new system for apportioning seats in the European Parliament should be established in conjunction with a review of the voting system in the Council as part of the necessary revision of the Treaties; determines to make proposals to this end at the next Convention to be convened pursuant to Article 48(3) TEU; |
| --- | --- |

5.

Observes that the new system for apportioning seats in the European Parliament should be established in conjunction with a review of the voting system in the Council as part of the necessary revision of the Treaties; determines to make proposals to this end at the next Convention to be convened pursuant to Article 48(3) TEU;

| 6. | Instructs its President to forward this resolution and the proposal for a decision of the European Council annexed hereto, together with the aforementioned report of its Committee on Constitutional Affairs, to the European Council and to the government and parliament of the Republic of Croatia, and, for information, to the Commission and to the governments and parliaments of the Member States. |
| --- | --- |

6.

Instructs its President to forward this resolution and the proposal for a decision of the European Council annexed hereto, together with the aforementioned report of its Committee on Constitutional Affairs, to the European Council and to the government and parliament of the Republic of Croatia, and, for information, to the Commission and to the governments and parliaments of the Member States.

---

(1)  OJ C 227 E, 4.9.2008, p. 132 (Lamassoure-Severin report).

---

ANNEX TO THE EUROPEAN PARLIAMENT RESOLUTION

Proposal for a decision of the European Council establishing the composition of the European Parliament

THE EUROPEAN COUNCIL,

Having regard to the Treaty on European Union, and in particular Article 14(2) thereof,

Having regard to Article 2(3) of Protocol No 36 on transitional provisions,

Having regard to the initiative of the European Parliament,

Having regard to the consent of the European Parliament,

Whereas:

| (1) | Article 2(1) and (2) of Protocol No 36 on transitional provisions will expire at the end of the 2009-2014 parliamentary term. |
| --- | --- |

(1)

Article 2(1) and (2) of Protocol No 36 on transitional provisions will expire at the end of the 2009-2014 parliamentary term.

| (2) | Article 19(1) of the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community will expire at the end of the 2009-2014 parliamentary term. |
| --- | --- |

(2)

Article 19(1) of the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community will expire at the end of the 2009-2014 parliamentary term.

| (3) | It is necessary to comply without delay with the provisions of Article 2(3) of Protocol No 36 and therefore to adopt the decision provided for in the second subparagraph of Article 14(2) of the Treaty on European Union, in order to enable Member States to enact in good time the necessary domestic measures for organising the elections to the European Parliament for the 2014-2019 parliamentary term. |
| --- | --- |

(3)

It is necessary to comply without delay with the provisions of Article 2(3) of Protocol No 36 and therefore to adopt the decision provided for in the second subparagraph of Article 14(2) of the Treaty on European Union, in order to enable Member States to enact in good time the necessary domestic measures for organising the elections to the European Parliament for the 2014-2019 parliamentary term.

| (4) | This Decision complies with the criteria laid down in the first subparagraph of Article 14(2) of the Treaty on European Union, namely that representatives of the Union's citizens are not to exceed seven hundred and fifty in number, plus the President, that representation is to be degressively proportional, with a minimum threshold of six members per Member State, and that no Member State is to be allocated more than ninety-six seats, |
| --- | --- |

(4)

This Decision complies with the criteria laid down in the first subparagraph of Article 14(2) of the Treaty on European Union, namely that representatives of the Union's citizens are not to exceed seven hundred and fifty in number, plus the President, that representation is to be degressively proportional, with a minimum threshold of six members per Member State, and that no Member State is to be allocated more than ninety-six seats,

HAS ADOPTED THIS DECISION:

Article 1

In the application of the principle of degressive proportionality provided for in the first subparagraph of Article 14(2) of the Treaty on European Union, the following principles shall apply:

| — | the allocation of seats in the European Parliament shall fully utilise the minimum and maximum numbers set by the Treaty on European Union in order to reflect as closely as possible the sizes of the respective populations of Member States; |
| --- | --- |

—

the allocation of seats in the European Parliament shall fully utilise the minimum and maximum numbers set by the Treaty on European Union in order to reflect as closely as possible the sizes of the respective populations of Member States;

| — | the ratio between the population and the number of seats of each Member State before rounding to whole numbers shall vary in relation to their respective populations in such a way that each Member of the European Parliament from a more populous Member State represents more citizens than each Member from a less populous Member State and, conversely, that the larger the population of a Member State, the greater its entitlement to a large number of seats. |
| --- | --- |

—

the ratio between the population and the number of seats of each Member State before rounding to whole numbers shall vary in relation to their respective populations in such a way that each Member of the European Parliament from a more populous Member State represents more citizens than each Member from a less populous Member State and, conversely, that the larger the population of a Member State, the greater its entitlement to a large number of seats.

Article 2

The total population of the Member States shall be calculated by the Commission (Eurostat) on the basis of data provided by the Member States, in accordance with a method established by means of a regulation of the European Parliament and of the Council.

Article 3

Pursuant to Article 1, the number of representatives in the European Parliament elected in each Member State is hereby set as follows, with effect from the beginning of the 2014-2019 parliamentary term:

| Belgium | 21 |
| --- | --- |
| Bulgaria | 17 |
| Czech Republic | 21 |
| Denmark | 13 |
| Germany | 96 |
| Estonia | 6 |
| Ireland | 11 |
| Greece | 21 |
| Spain | 54 |
| France | 74 |
| Croatia | 11 |
| Italy | 73 |
| Cyprus | 6 |
| Latvia | 8 |
| Lithuania | 11 |
| Luxembourg | 6 |
| Hungary | 21 |
| Malta | 6 |
| Netherlands | 26 |
| Austria | 18 |
| Poland | 51 |
| Portugal | 21 |
| Romania | 32 |
| Slovenia | 8 |
| Slovakia | 13 |
| Finland | 13 |
| Sweden | 20 |
| United Kingdom | 73 |

Belgium

21

Bulgaria

17

Czech Republic

21

Denmark

13

Germany

96

Estonia

6

Ireland

11

Greece

21

Spain

54

France

74

Croatia

11

Italy

73

Cyprus

6

Latvia

8

Lithuania

11

Luxembourg

6

Hungary

21

Malta

6

Netherlands

26

Austria

18

Poland

51

Portugal

21

Romania

32

Slovenia

8

Slovakia

13

Finland

13

Sweden

20

United Kingdom

73

Article 4

This Decision shall be revised sufficiently far in advance of the beginning of the 2019-2024 parliamentary term with the aim of establishing a system which in future will make it possible, before each fresh election to the European Parliament, to allocate the seats between Member States in an objective, fair, durable and transparent way, based on the principle of degressive proportionality as set forth in Article 1, taking account of any change in their number and demographic trends in their population, as duly ascertained, as well as of the voting system in the Council.

Article 5

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at ...

For the European Council

The President

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| 29.1.2016 | EN | Official Journal of the European Union | C 36/59 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/59

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P7_TA(2013)0083

Definition, description, presentation, labelling and protection of geographical indications of spirit drinks

European Parliament resolution of 13 March 2013 on the draft Commission implementing regulation amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (2013/2524(RPS))

(2016/C 036/10)

The European Parliament,

| — | having regard to Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (1), and in particular Article 26 thereof, |
| --- | --- |

—

having regard to Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (1), and in particular Article 26 thereof,

| — | having regard to the draft Commission Regulation amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (D 024615/02) (the draft Commission Regulation), |
| --- | --- |

—

having regard to the draft Commission Regulation amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (D 024615/02) (the draft Commission Regulation),

| — | having regard to Regulation (EC) No 1334/2008 of the European Parliament and the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (2), |
| --- | --- |

—

having regard to Regulation (EC) No 1334/2008 of the European Parliament and the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC (2),

| — | having regard to the European Food Safety Authority (EFSA) Compendium of botanicals reported to contain naturally occurring substances of possible concern for human health when used in food and food supplements (3), |
| --- | --- |

—

having regard to the European Food Safety Authority (EFSA) Compendium of botanicals reported to contain naturally occurring substances of possible concern for human health when used in food and food supplements (3),

| — | having regard to the opinion of the Commission’s Scientific Committee on Food on thujone, of 2 February 2002 (4), |
| --- | --- |

—

having regard to the opinion of the Commission’s Scientific Committee on Food on thujone, of 2 February 2002 (4),

| — | having regard to Article 5a(3)(b) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5), |
| --- | --- |

—

having regard to Article 5a(3)(b) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5),

| — | having regard to Rule 88(2), (3) and (4)(c) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 88(2), (3) and (4)(c) of its Rules of Procedure,

| A. | whereas spirit drinks are classified in categories according to definitions laid down in Annex II of Regulation (EC) No 110/2008; |
| --- | --- |

A.

whereas spirit drinks are classified in categories according to definitions laid down in Annex II of Regulation (EC) No 110/2008;

| B. | whereas the Annexes to Regulation (EC) No 110/2008 may be amended by measures adopted by the Commission under the regulatory procedure with scrutiny, in accordance with Article 26 of that Regulation; |
| --- | --- |

B.

whereas the Annexes to Regulation (EC) No 110/2008 may be amended by measures adopted by the Commission under the regulatory procedure with scrutiny, in accordance with Article 26 of that Regulation;

| C. | whereas according to Recital 2 of Regulation (EC) No 110/2008, measures applicable to the spirit drinks sector should safeguard the reputation which spirit drinks have achieved in the European Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks; |
| --- | --- |

C.

whereas according to Recital 2 of Regulation (EC) No 110/2008, measures applicable to the spirit drinks sector should safeguard the reputation which spirit drinks have achieved in the European Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks;

| D. | whereas according to Recital 6 of Regulation (EC) No 110/2008, whilst definitions of spirit drinks may be completed or updated, inter alia where previous definitions were lacking or insufficient, those definitions should continue to respect traditional quality practices; |
| --- | --- |

D.

whereas according to Recital 6 of Regulation (EC) No 110/2008, whilst definitions of spirit drinks may be completed or updated, inter alia where previous definitions were lacking or insufficient, those definitions should continue to respect traditional quality practices;

| E. | whereas absinthe, a spirit drink traditionally produced in several Member States, has not until now been defined as a product category in Annex II of Regulation (EC) No 110/2008; |
| --- | --- |

E.

whereas absinthe, a spirit drink traditionally produced in several Member States, has not until now been defined as a product category in Annex II of Regulation (EC) No 110/2008;

| F. | whereas the Commission proposes in Article 1, point c, of its draft Regulation the insertion of a definition of absinthe in Annex II of Regulation (EC) No 110/2008, which would provide for a minimum anethole level of 0,5 grams per litre; |
| --- | --- |

F.

whereas the Commission proposes in Article 1, point c, of its draft Regulation the insertion of a definition of absinthe in Annex II of Regulation (EC) No 110/2008, which would provide for a minimum anethole level of 0,5 grams per litre;

| G. | whereas absinthe is commonly known as a spirit drink produced by flavouring ethyl alcohol of agricultural origin or a distillate of agricultural origin with absinthe wormwood (Artemisia absinthium L.), Roman wormwood (Artemisia pontica L.), anise (Pimpinella anisum L.), fennel (Foeniculum vulgare Mill.) and other herbal plants depending on their regional availability; |
| --- | --- |

G.

whereas absinthe is commonly known as a spirit drink produced by flavouring ethyl alcohol of agricultural origin or a distillate of agricultural origin with absinthe wormwood (Artemisia absinthium L.), Roman wormwood (Artemisia pontica L.), anise (Pimpinella anisum L.), fennel (Foeniculum vulgare Mill.) and other herbal plants depending on their regional availability;

| H. | whereas depending on the regional availability of certain herbal plants and on varying consumer preferences, the traditional practices of absinthe production in many Member States have come to differ to a certain degree in such a way that not all traditional recipes foresee a minimum anethole level, and the anethole level of many products currently available on the market remains below the 0,5 grams per litre proposed by the Commission; |
| --- | --- |

H.

whereas depending on the regional availability of certain herbal plants and on varying consumer preferences, the traditional practices of absinthe production in many Member States have come to differ to a certain degree in such a way that not all traditional recipes foresee a minimum anethole level, and the anethole level of many products currently available on the market remains below the 0,5 grams per litre proposed by the Commission;

| I. | whereas upon the entry into force of the draft Commission Regulation, the producers of these absinthe variations would, as a result of this newly introduced definition of absinthe, be required either to abstain from using the term ‘absinthe’ as their sales denomination or to change their long-standing recipes, notwithstanding their traditional methods of production; |
| --- | --- |

I.

whereas upon the entry into force of the draft Commission Regulation, the producers of these absinthe variations would, as a result of this newly introduced definition of absinthe, be required either to abstain from using the term ‘absinthe’ as their sales denomination or to change their long-standing recipes, notwithstanding their traditional methods of production;

| J. | whereas such a change of inherent product characteristics may irritate consumers and may hence undermine consumer confidence; |
| --- | --- |

J.

whereas such a change of inherent product characteristics may irritate consumers and may hence undermine consumer confidence;

| K. | whereas absinthe as a product category could be defined in a way which ensures respect for regional varieties instead of requiring producers to change traditional methods of production; |
| --- | --- |

K.

whereas absinthe as a product category could be defined in a way which ensures respect for regional varieties instead of requiring producers to change traditional methods of production;

| L. | whereas absinthe producers could moreover be obliged to include the quantity of anethole in the list of ingredients; |
| --- | --- |

L.

whereas absinthe producers could moreover be obliged to include the quantity of anethole in the list of ingredients;

| M. | whereas, furthermore, according to Recital 2 of Regulation (EC) No 110/2008, measures applicable to the spirit drinks sector should contribute to the attainment of a high level of consumer protection; |
| --- | --- |

M.

whereas, furthermore, according to Recital 2 of Regulation (EC) No 110/2008, measures applicable to the spirit drinks sector should contribute to the attainment of a high level of consumer protection;

| N. | whereas, in addition, the Commission proposes in Article 1, point c, of its draft Regulation that the definition of absinthe include a requirement for a quantity of thujone (alpha and beta) between 5 and 35 milligrams per litre; |
| --- | --- |

N.

whereas, in addition, the Commission proposes in Article 1, point c, of its draft Regulation that the definition of absinthe include a requirement for a quantity of thujone (alpha and beta) between 5 and 35 milligrams per litre;

| O. | whereas the EFSA Compendium of botanicals reported to contain naturally occurring substances of possible concern for human health when used in food and food supplements lists thujone contained in Artemisia absinthium L.; |
| --- | --- |

O.

whereas the EFSA Compendium of botanicals reported to contain naturally occurring substances of possible concern for human health when used in food and food supplements lists thujone contained in Artemisia absinthium L.;

| P. | whereas, according to its opinion of 2 February 2002, the Commission’s Scientific Committee on Food did not consider it appropriate to use thujone as a chemically identified flavouring substance and supported the application of the upper limits in foods and beverages which were in place at the time of adoption of the opinion and which remain in place pursuant to Annex III to Regulation (EC) No 1334/2008; |
| --- | --- |

P.

whereas, according to its opinion of 2 February 2002, the Commission’s Scientific Committee on Food did not consider it appropriate to use thujone as a chemically identified flavouring substance and supported the application of the upper limits in foods and beverages which were in place at the time of adoption of the opinion and which remain in place pursuant to Annex III to Regulation (EC) No 1334/2008;

| Q. | whereas some absinthe producers have started using Artemisia plants that are free of thujone or contain only very low levels of this substance; |
| --- | --- |

Q.

whereas some absinthe producers have started using Artemisia plants that are free of thujone or contain only very low levels of this substance;

| R. | whereas the stipulation of a minimum thujone level as part of an absinthe definition is therefore in contradiction to the current paradigm for dealing with this potentially harmful substance; |
| --- | --- |

R.

whereas the stipulation of a minimum thujone level as part of an absinthe definition is therefore in contradiction to the current paradigm for dealing with this potentially harmful substance;

| S. | whereas stipulating minimum thujone levels for absinthe does not add an indispensable characteristic to the definition of this spirit drink; |
| --- | --- |

S.

whereas stipulating minimum thujone levels for absinthe does not add an indispensable characteristic to the definition of this spirit drink;

| 1. | Considers that the draft Commission Regulation is not compatible with the aim and content of Regulation (EC) No 110/2008; |
| --- | --- |

1.

Considers that the draft Commission Regulation is not compatible with the aim and content of Regulation (EC) No 110/2008;

| 2. | Opposes the adoption of the draft Commission Regulation amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks; |
| --- | --- |

2.

Opposes the adoption of the draft Commission Regulation amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks;

| 3. | Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States. |
| --- | --- |

3.

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

---

(1)  OJ L 39, 13.2.2008, p. 16.

(2)  OJ L 354, 31.12.2008, p. 34.

(3)  EFSA Journal 2012; 10(5): 2663.

(4)  The Commission’s Scientific Committee on Food existed until 2003 until the formal establishment of EFSA. On 2 December 2002, the Committee adopted an opinion on thujone, which was published on 6 February 2003 under the reference SCF/CS/FLAV/FLAVOUR/23 ADD 2 Final.

(5)  OJ L 184, 17.7.1999, p. 23.

---

Thursday 14 March 2013

| 29.1.2016 | EN | Official Journal of the European Union | C 36/62 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/62

---

P7_TA(2013)0088

Energy roadmap 2050

European Parliament resolution of 14 March 2013 on the Energy roadmap 2050, a future with energy (2012/2103(INI))

(2016/C 036/11)

The European Parliament,

| — | having regard to the Commission Communication ‘Energy Roadmap 2050 and the accompanying working documents (COM(2011)0885), |
| --- | --- |

—

having regard to the Commission Communication ‘Energy Roadmap 2050 and the accompanying working documents (COM(2011)0885),

| — | having regard to the Directive 2012/27/EU on Energy Efficiency (1), |
| --- | --- |

—

having regard to the Directive 2012/27/EU on Energy Efficiency (1),

| — | having regard to its resolution of 12 June 2012 (2) on Engaging in energy policy cooperation beyond our borders: A strategic approach to secure, sustainable and competitive energy supply, |
| --- | --- |

—

having regard to its resolution of 12 June 2012 (2) on Engaging in energy policy cooperation beyond our borders: A strategic approach to secure, sustainable and competitive energy supply,

| — | having regard its resolution of 15 March 2012 on a Roadmap for moving to a competitive low carbon economy in 2050 (3), |
| --- | --- |

—

having regard its resolution of 15 March 2012 on a Roadmap for moving to a competitive low carbon economy in 2050 (3),

| — | having regard to its resolution on the industrial, energy and other aspects of shale gas and oil (4) and its resolution on environmental impacts of shale gas and shale oil extraction activities (5) adopted on 21 November 2012, |
| --- | --- |

—

having regard to its resolution on the industrial, energy and other aspects of shale gas and oil (4) and its resolution on environmental impacts of shale gas and shale oil extraction activities (5) adopted on 21 November 2012,

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Foreign Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on the Internal Market and Consumer Protection and the Committee on Regional Development (A7-0035/2013), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Foreign Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on the Internal Market and Consumer Protection and the Committee on Regional Development (A7-0035/2013),

| A. | whereas it should be recalled that the pillars of EU energy policy are sustainability, security of supply and competitiveness; |
| --- | --- |

A.

whereas it should be recalled that the pillars of EU energy policy are sustainability, security of supply and competitiveness;

| B. | whereas the competitiveness of European industry needs to be taken into account by means of adequate policies and instruments and by adapting to a process that would re-industrialise the EU economy; |
| --- | --- |

B.

whereas the competitiveness of European industry needs to be taken into account by means of adequate policies and instruments and by adapting to a process that would re-industrialise the EU economy;

| C. | whereas it is in the interests of Member States to reduce their dependency on energy imports with volatile prices, and to diversify energy supplies; |
| --- | --- |

C.

whereas it is in the interests of Member States to reduce their dependency on energy imports with volatile prices, and to diversify energy supplies;

| D. | whereas the challenge of energy security is to alleviate uncertainties that give rise to tensions between states and to reduce market inefficiencies that hamper the benefits of trade, both for suppliers and consumers; |
| --- | --- |

D.

whereas the challenge of energy security is to alleviate uncertainties that give rise to tensions between states and to reduce market inefficiencies that hamper the benefits of trade, both for suppliers and consumers;

| E. | whereas it is important to obtain an early indication of whether the challenging goals of the Roadmap can be achieved and to review the impact on the EU’s economy, not least as regards global competitiveness, employment and social security; |
| --- | --- |

E.

whereas it is important to obtain an early indication of whether the challenging goals of the Roadmap can be achieved and to review the impact on the EU’s economy, not least as regards global competitiveness, employment and social security;

| F. | whereas the Member States, energy companies and the general public need to have a clear view of the direction of the EU’s energy policy, which must be backed by more certainty, including milestones and targets for 2030, with a view to incentivising and reducing the risk of long-term investments; |
| --- | --- |

F.

whereas the Member States, energy companies and the general public need to have a clear view of the direction of the EU’s energy policy, which must be backed by more certainty, including milestones and targets for 2030, with a view to incentivising and reducing the risk of long-term investments;

Objectives of the EU2050 Energy Roadmap

| 1. | Recognises the benefits that Member States derive from working together for an energy system transformation; endorses, therefore, the Commission’s Energy Roadmap 2050 as a basis for proposing legislative and other initiatives on energy policy with a view to developing a policy framework for 2030, including milestones and targets on greenhouse gas emissions, renewable energy and energy efficiency, with the aim of establishing an ambitious and stable legal and regulatory framework; notes that defining energy targets for 2050 and the intervening period assumes pan-European governance; proposes the adoption, within the spirit of solidarity, of a strategy that allows Member States to cooperate under the Roadmap in a spirit of solidarity — the creation of a European Energy Community; encourages work to define the 2030 policy framework within a timeframe that is appropriate for providing investor security; |
| --- | --- |

1.

Recognises the benefits that Member States derive from working together for an energy system transformation; endorses, therefore, the Commission’s Energy Roadmap 2050 as a basis for proposing legislative and other initiatives on energy policy with a view to developing a policy framework for 2030, including milestones and targets on greenhouse gas emissions, renewable energy and energy efficiency, with the aim of establishing an ambitious and stable legal and regulatory framework; notes that defining energy targets for 2050 and the intervening period assumes pan-European governance; proposes the adoption, within the spirit of solidarity, of a strategy that allows Member States to cooperate under the Roadmap in a spirit of solidarity — the creation of a European Energy Community; encourages work to define the 2030 policy framework within a timeframe that is appropriate for providing investor security;

| 2. | Notes that the proposed scenarios for 2050 are not of a deterministic nature, but rather serve as a basis for constructive dialogue on how to transform Europe’s energy system in order to meet the long-term goal of reducing greenhouse gas emissions by 80-95 % below 1990 levels by 2050; underlines that all future energy projections, including the Energy Roadmap, are based on certain assumptions as to technological and economic developments; calls, therefore, on the Commission to update the Roadmap regularly; points out that the impact assessment of the Commission does not analyse in more detail the possible trajectories for each different Member State, group of Member States or regional cluster up to 2050; |
| --- | --- |

2.

Notes that the proposed scenarios for 2050 are not of a deterministic nature, but rather serve as a basis for constructive dialogue on how to transform Europe’s energy system in order to meet the long-term goal of reducing greenhouse gas emissions by 80-95 % below 1990 levels by 2050; underlines that all future energy projections, including the Energy Roadmap, are based on certain assumptions as to technological and economic developments; calls, therefore, on the Commission to update the Roadmap regularly; points out that the impact assessment of the Commission does not analyse in more detail the possible trajectories for each different Member State, group of Member States or regional cluster up to 2050;

| 3. | Welcomes the fact that the Commission’s Energy Roadmap 2050 provides outlines of different scenarios; emphasises that both the scenarios based on current trends and those based on decarbonisation are no more than projections; notes that, as such, they certainly do not cover the full range of possibilities, and can therefore do no more than offer ideas for the future structure of Europe’s energy supply; |
| --- | --- |

3.

Welcomes the fact that the Commission’s Energy Roadmap 2050 provides outlines of different scenarios; emphasises that both the scenarios based on current trends and those based on decarbonisation are no more than projections; notes that, as such, they certainly do not cover the full range of possibilities, and can therefore do no more than offer ideas for the future structure of Europe’s energy supply;

| 4. | Emphasises that the projections prepared for the Commission’s Energy Roadmap 2050 need to be developed further, including on the basis of models other than the PRIMES energy system model, and that additional low-carbon scenarios need to be outlined in order to promote a better understanding of the alternative approaches to developing a secure, cost-effective, low-emission energy supply for Europe in the future; |
| --- | --- |

4.

Emphasises that the projections prepared for the Commission’s Energy Roadmap 2050 need to be developed further, including on the basis of models other than the PRIMES energy system model, and that additional low-carbon scenarios need to be outlined in order to promote a better understanding of the alternative approaches to developing a secure, cost-effective, low-emission energy supply for Europe in the future;

| 5. | Acknowledges the fact that electricity from low carbon sources are indispensable for decarbonisation, requiring an almost carbon free electricity sector in the EU by 2050; |
| --- | --- |

5.

Acknowledges the fact that electricity from low carbon sources are indispensable for decarbonisation, requiring an almost carbon free electricity sector in the EU by 2050;

| 6. | Highlights the importance of the EU’s energy policy amidst the economic and financial crisis; emphasises the role that energy plays in spurring growth and economic competitiveness and creating jobs in the EU; calls on the Commission to propose post-2020 strategies and to present, as soon as possible, a 2030 policy framework for a EU energy policy; believes that this policy framework should be consistent with the EU’s 2050 decarbonisation agenda and that it should take into account the ‘no regrets’ options identified in the Roadmap; calls for action to be taken to minimise the energy sector’s negative impact on the environment, while taking into account the effects of the action taken on the competitiveness of national economies and the EU economy, as well as on the citizens’ security of energy supply; |
| --- | --- |

6.

Highlights the importance of the EU’s energy policy amidst the economic and financial crisis; emphasises the role that energy plays in spurring growth and economic competitiveness and creating jobs in the EU; calls on the Commission to propose post-2020 strategies and to present, as soon as possible, a 2030 policy framework for a EU energy policy; believes that this policy framework should be consistent with the EU’s 2050 decarbonisation agenda and that it should take into account the ‘no regrets’ options identified in the Roadmap; calls for action to be taken to minimise the energy sector’s negative impact on the environment, while taking into account the effects of the action taken on the competitiveness of national economies and the EU economy, as well as on the citizens’ security of energy supply;

| 7. | Highlights the alarming situation during the first months of 2013 in Bulgaria and the need to ensure low electricity prices by an EU energy policy that guarantees the competitiveness of Member State economies on the global market; especially, during the economic crisis, this aspect must be taken into account. |
| --- | --- |

7.

Highlights the alarming situation during the first months of 2013 in Bulgaria and the need to ensure low electricity prices by an EU energy policy that guarantees the competitiveness of Member State economies on the global market; especially, during the economic crisis, this aspect must be taken into account.

| 8. | Notes that implementing environmental and climate policies without taking account of challenges such as energy security cannot be a replacement for an energy policy conducted according to the principle of sustainable development, which guarantees current and future generations equitable, universal and competitive access to energy resources while respecting the natural environment; |
| --- | --- |

8.

Notes that implementing environmental and climate policies without taking account of challenges such as energy security cannot be a replacement for an energy policy conducted according to the principle of sustainable development, which guarantees current and future generations equitable, universal and competitive access to energy resources while respecting the natural environment;

| 9. | Encourages the Member States to step up their ongoing efforts to reach the current 2020 targets in the area of EU energy policy, in particular the 20 % energy efficiency target which is currently not on track; stresses that the timely and full implementation of all provisions of the Directive on the promotion of the use of energy from renewable sources (6) is vital for achieving the EU’s binding target of at least 20 % by 2020; |
| --- | --- |

9.

Encourages the Member States to step up their ongoing efforts to reach the current 2020 targets in the area of EU energy policy, in particular the 20 % energy efficiency target which is currently not on track; stresses that the timely and full implementation of all provisions of the Directive on the promotion of the use of energy from renewable sources (6) is vital for achieving the EU’s binding target of at least 20 % by 2020;

| 10. | Calls on the Commission to adopt the strategy of regional energy specialisation, allowing regions to develop those energy sources which provide the most efficient means of fulfilling the European 2050 goals, such as solar energy in South and wind in the North; |
| --- | --- |

10.

Calls on the Commission to adopt the strategy of regional energy specialisation, allowing regions to develop those energy sources which provide the most efficient means of fulfilling the European 2050 goals, such as solar energy in South and wind in the North;

| 11. | Believes that the transition to a low-carbon and energy-efficient economy is an opportunity not only for sustainability but also for the security of supply and for competitiveness in Europe, and that reducing greenhouse gas emissions can be a competitive advantage in the growing global market for energy-related goods and services; underlines that this is an opportunity for SMEs in the EU operating on the renewable energy market, giving an excellent impulse to the development of entrepreneurship and innovation and possibly providing a prime source of job creation; |
| --- | --- |

11.

Believes that the transition to a low-carbon and energy-efficient economy is an opportunity not only for sustainability but also for the security of supply and for competitiveness in Europe, and that reducing greenhouse gas emissions can be a competitive advantage in the growing global market for energy-related goods and services; underlines that this is an opportunity for SMEs in the EU operating on the renewable energy market, giving an excellent impulse to the development of entrepreneurship and innovation and possibly providing a prime source of job creation;

| 12. | Stresses that a clear, coherent and consistent policy and regulatory framework is of major importance to help stimulate the necessary investments for the ‘no regrets’ technologies, as defined in the Roadmap, in an economically efficient and sustainable way; highlights the core aims of the Europe 2020 strategy for smart, sustainable and inclusive growth and calls for such a policy approach to be pursued beyond 2020; notes that in order to make an informed and balanced decision regarding post-2020 strategies, a review of the existing 2020 strategies will be necessary; underlines the importance of an energy strategy focused on increasing the EU’s energy security economic and industrial competitiveness, jobs creation, social aspects and environmental sustainability through measures such as the increased deployment of renewables, the diversification of supply routes, suppliers and sources, including better interconnections among Member States, energy efficiency and a more efficient and optimised power system design to boost investments in sustainable energy production and backup and balancing technology; |
| --- | --- |

12.

Stresses that a clear, coherent and consistent policy and regulatory framework is of major importance to help stimulate the necessary investments for the ‘no regrets’ technologies, as defined in the Roadmap, in an economically efficient and sustainable way; highlights the core aims of the Europe 2020 strategy for smart, sustainable and inclusive growth and calls for such a policy approach to be pursued beyond 2020; notes that in order to make an informed and balanced decision regarding post-2020 strategies, a review of the existing 2020 strategies will be necessary; underlines the importance of an energy strategy focused on increasing the EU’s energy security economic and industrial competitiveness, jobs creation, social aspects and environmental sustainability through measures such as the increased deployment of renewables, the diversification of supply routes, suppliers and sources, including better interconnections among Member States, energy efficiency and a more efficient and optimised power system design to boost investments in sustainable energy production and backup and balancing technology;

| 13. | Notes that functioning carbon markets and the prices of energy sources play a major role in determining the behaviour of market actors, including industry and consumers; calls for a post-2020 policy framework to be guided by the ‘polluters pay’ principle and by long-term rules to guarantee security for markets actors; |
| --- | --- |

13.

Notes that functioning carbon markets and the prices of energy sources play a major role in determining the behaviour of market actors, including industry and consumers; calls for a post-2020 policy framework to be guided by the ‘polluters pay’ principle and by long-term rules to guarantee security for markets actors;

| 14. | Recalls that it is in the competence of each Member State to define its own energy mix; acknowledges that the Energy Roadmap 2050 complements national, regional and local efforts to modernise energy supply; acknowledges, therefore, the need for the Member States to work together on the basis of common objectives; stresses, moreover, that to be able to reach an energy transformation that is well coordinated, Union-wide, interconnected and sustainable, there is a very important role to be played by the EU — including in ensuring that national policies are consistent with EU aims and laws; urges the Member States and the Commission to continue to pursue options that can meet the EU’s long-term energy goals and climate change targets (as agreed by the Council) as part of global efforts in a technology diverse, sustainable, economically efficient, competitive and safe way, with as little distortion of the market as possible, and to continue with efforts at national level to fully tap the potential for cost-effective energy savings, supported, inter alia, by available EU financial instruments; recognises, at the same time, the merits of developing a coordinated and, where appropriate, common European approach which has to allow for the special features of small-scale energy systems and the resulting need for flexibility; |
| --- | --- |

14.

Recalls that it is in the competence of each Member State to define its own energy mix; acknowledges that the Energy Roadmap 2050 complements national, regional and local efforts to modernise energy supply; acknowledges, therefore, the need for the Member States to work together on the basis of common objectives; stresses, moreover, that to be able to reach an energy transformation that is well coordinated, Union-wide, interconnected and sustainable, there is a very important role to be played by the EU — including in ensuring that national policies are consistent with EU aims and laws; urges the Member States and the Commission to continue to pursue options that can meet the EU’s long-term energy goals and climate change targets (as agreed by the Council) as part of global efforts in a technology diverse, sustainable, economically efficient, competitive and safe way, with as little distortion of the market as possible, and to continue with efforts at national level to fully tap the potential for cost-effective energy savings, supported, inter alia, by available EU financial instruments; recognises, at the same time, the merits of developing a coordinated and, where appropriate, common European approach which has to allow for the special features of small-scale energy systems and the resulting need for flexibility;

| 15. | Stresses that basing the energy systems of EU Member States on their own energy resources, and on their ability to access them, is an essential pillar of the EU’s energy security; believes, therefore, that from this perspective it would be most rational for the Member States to develop those energy technologies for which they have potential and experience, and which guarantee them a continuous and stable supply of energy, while maintaining environmental and climate standards; |
| --- | --- |

15.

Stresses that basing the energy systems of EU Member States on their own energy resources, and on their ability to access them, is an essential pillar of the EU’s energy security; believes, therefore, that from this perspective it would be most rational for the Member States to develop those energy technologies for which they have potential and experience, and which guarantee them a continuous and stable supply of energy, while maintaining environmental and climate standards;

| 16. | Points out that the main trend of planned actions should not focus on achieving top-down scenarios on reduction goals, as is currently the case, but on implementing action scenarios that take account of issues such as the existing potential in Member States, the prospects for the development of economically effective new technologies, and the global effects of implementing the proposed policy, in order that reduction goals for the following years may be proposed (bottom-up approach); |
| --- | --- |

16.

Points out that the main trend of planned actions should not focus on achieving top-down scenarios on reduction goals, as is currently the case, but on implementing action scenarios that take account of issues such as the existing potential in Member States, the prospects for the development of economically effective new technologies, and the global effects of implementing the proposed policy, in order that reduction goals for the following years may be proposed (bottom-up approach);

| 17. | Recognises the conclusions reached in the Energy Roadmap 2050 that the transition towards a sustainable energy sector on an EU-wide scale is technically and economically feasible, and according to the Commission’s analysis less costly in the long-run than a continuation of current policies; points out, however, that account should be taken of the national context, which may differ significantly between Member States; |
| --- | --- |

17.

Recognises the conclusions reached in the Energy Roadmap 2050 that the transition towards a sustainable energy sector on an EU-wide scale is technically and economically feasible, and according to the Commission’s analysis less costly in the long-run than a continuation of current policies; points out, however, that account should be taken of the national context, which may differ significantly between Member States;

| 18. | Believes that the goals towards 2050 will never be reached unless the EU takes its responsibilities and fulfils a key role in the transition; especially for huge projects such as the construction of off-shore wind farms in the North Sea; believes that for cross-border infrastructure affecting several or all Member States, the EU should outline priority projects and function as a key investor, thereby leveraging private investments; |
| --- | --- |

18.

Believes that the goals towards 2050 will never be reached unless the EU takes its responsibilities and fulfils a key role in the transition; especially for huge projects such as the construction of off-shore wind farms in the North Sea; believes that for cross-border infrastructure affecting several or all Member States, the EU should outline priority projects and function as a key investor, thereby leveraging private investments;

| 19. | Recognises that the increasing importance of electricity in the future energy mix requires that all means of low-carbon electricity production (involving conversion efficiency, renewables, carbon capture and storage (CCS) and nuclear energy) will need to be harnessed if climate goals are to be achieved without jeopardising competitiveness and security of supply; |
| --- | --- |

19.

Recognises that the increasing importance of electricity in the future energy mix requires that all means of low-carbon electricity production (involving conversion efficiency, renewables, carbon capture and storage (CCS) and nuclear energy) will need to be harnessed if climate goals are to be achieved without jeopardising competitiveness and security of supply;

| 20. | Stresses that ensuring a fully developed cross-border energy infrastructure, and an information exchange mechanism, within the Union is the precondition of the success of the Roadmap; stresses, therefore, the need for strong coordination between Member States’ policies and for joint action, solidarity and transparency in the fields of external energy policy, energy security and new energy infrastructure investments; |
| --- | --- |

20.

Stresses that ensuring a fully developed cross-border energy infrastructure, and an information exchange mechanism, within the Union is the precondition of the success of the Roadmap; stresses, therefore, the need for strong coordination between Member States’ policies and for joint action, solidarity and transparency in the fields of external energy policy, energy security and new energy infrastructure investments;

| 21. | Regrets that the Commission did not implement the recommendations of its peer-reviewed Advisory Group on the Energy Roadmap 2050; calls on the Commission to issue an updated version of the Energy Roadmap, taking these recommendations into account; |
| --- | --- |

21.

Regrets that the Commission did not implement the recommendations of its peer-reviewed Advisory Group on the Energy Roadmap 2050; calls on the Commission to issue an updated version of the Energy Roadmap, taking these recommendations into account;

Key Elements of a long-term strategy

| 22. | Welcomes the conclusions reached in the Energy Roadmap 2050 that there are similarities between the actions that must be taken in the analysed scenarios in order to transform the EU’s energy system; welcomes in this context the Commission’s conclusions that increased deployment of renewables, energy efficiency and energy infrastructure, including smart grids, are the ‘no regret’ options, in particular when they are market driven, regardless of the specific path chosen to achieve a ‘decarbonised 2050 energy system’; invites the Commission to explore a combined ‘high renewables and high energy efficiency’ scenario; takes the view that a choice made about which path to take would help increase investment certainty; |
| --- | --- |

22.

Welcomes the conclusions reached in the Energy Roadmap 2050 that there are similarities between the actions that must be taken in the analysed scenarios in order to transform the EU’s energy system; welcomes in this context the Commission’s conclusions that increased deployment of renewables, energy efficiency and energy infrastructure, including smart grids, are the ‘no regret’ options, in particular when they are market driven, regardless of the specific path chosen to achieve a ‘decarbonised 2050 energy system’; invites the Commission to explore a combined ‘high renewables and high energy efficiency’ scenario; takes the view that a choice made about which path to take would help increase investment certainty;

| 23. | Believes that the financial crisis should be used as an opportunity to transform the EU model of society towards a highly energy-efficient, fully renewables-based and climate-resilient economy; |
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23.

Believes that the financial crisis should be used as an opportunity to transform the EU model of society towards a highly energy-efficient, fully renewables-based and climate-resilient economy;

| 24. | Recognises that a higher share of renewable energy sources in the energy mix after 2020 is a key aspect of a more sustainable energy system; recognises, furthermore, that all of the scenarios explored in the Commission Communication assume an increased share of renewable energy in the EU energy mix of around 30 % in gross final energy consumption in 2030, and of at least 55 % in 2050; stresses that a move towards a better energy efficiency policy can facilitate a higher share of renewables; calls on the Commission to take decentralised generation explicitly into account in future estimates; calls also on the Commission to clearly map financial, technical and infrastructural obstacles that hamper the growth of decentralised generation in the Member States; |
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24.

Recognises that a higher share of renewable energy sources in the energy mix after 2020 is a key aspect of a more sustainable energy system; recognises, furthermore, that all of the scenarios explored in the Commission Communication assume an increased share of renewable energy in the EU energy mix of around 30 % in gross final energy consumption in 2030, and of at least 55 % in 2050; stresses that a move towards a better energy efficiency policy can facilitate a higher share of renewables; calls on the Commission to take decentralised generation explicitly into account in future estimates; calls also on the Commission to clearly map financial, technical and infrastructural obstacles that hamper the growth of decentralised generation in the Member States;

Energy Efficiency

| 25. | Stresses that improved energy efficiency and energy savings will play an essential role in the transformation of the energy system, and that meeting the 2020 objectives is a prerequisite for making further progress up to 2050; recommends, in this respect, that the Member States step up their efforts to fully implement the recently adopted Energy Efficiency Directive, and recommends that awareness-raising campaigns and energy efficiency be integrated into national educational curricula in the Member States; recommends that the Member States and the Commission do more to include national ideas and involve national development banks and to support exchanges of best practice; recalls that energy efficiency, if properly implemented, is a cost-effective way for the EU to achieve its long-term goals as regards energy savings, climate change, and economic and energy security; recognises that shifting to a more energy-efficient economy can accelerate the spread of innovative technological solutions, decrease fossil fuel imports and improve the competitiveness and growth of industry in the Union; believes that the move towards a better energy-efficiency policy should focus on the whole energy supply and demand chain, including transformation, transmission, distribution and supply, alongside industrial, building and household consumption; stresses that the EU’s long-term energy-efficiency policy should take the reduction of energy use in buildings as a central element, given that existing building renovation represents enormous energy saving potential; stresses that the current rate and quality of building renovation needs to be substantially scaled up in order to allow the EU to significantly reduce the energy consumption of the existing building stock by 80 %, relative to 2010 levels, by 2050; calls, in this regard, on the Member States to adopt ambitious, long-term building renovation strategies as required by the Energy Efficiency Directive; |
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25.

Stresses that improved energy efficiency and energy savings will play an essential role in the transformation of the energy system, and that meeting the 2020 objectives is a prerequisite for making further progress up to 2050; recommends, in this respect, that the Member States step up their efforts to fully implement the recently adopted Energy Efficiency Directive, and recommends that awareness-raising campaigns and energy efficiency be integrated into national educational curricula in the Member States; recommends that the Member States and the Commission do more to include national ideas and involve national development banks and to support exchanges of best practice; recalls that energy efficiency, if properly implemented, is a cost-effective way for the EU to achieve its long-term goals as regards energy savings, climate change, and economic and energy security; recognises that shifting to a more energy-efficient economy can accelerate the spread of innovative technological solutions, decrease fossil fuel imports and improve the competitiveness and growth of industry in the Union; believes that the move towards a better energy-efficiency policy should focus on the whole energy supply and demand chain, including transformation, transmission, distribution and supply, alongside industrial, building and household consumption; stresses that the EU’s long-term energy-efficiency policy should take the reduction of energy use in buildings as a central element, given that existing building renovation represents enormous energy saving potential; stresses that the current rate and quality of building renovation needs to be substantially scaled up in order to allow the EU to significantly reduce the energy consumption of the existing building stock by 80 %, relative to 2010 levels, by 2050; calls, in this regard, on the Member States to adopt ambitious, long-term building renovation strategies as required by the Energy Efficiency Directive;

| 26. | Emphasises the urgent need for new, modernised, smart and flexible energy infrastructure, especially smart grids, to allow for a more flexible back-up and balancing power capacity, including individual microgeneration and storage systems, new electricity uses (such as electric vehicles) and demand response programmes (including smart meters), and a fully integrated European grid system, inter alia, in order to integrate all sources of energy across the EU, as has been proven necessary; recalls that cost-optimal policies differ according to demand patterns, supply potential, geographic characteristics and economic contexts at the local level; stresses, moreover, the urgent need for the establishment of a stable and predictable regulatory framework, as well as for EU-wide market mechanisms to boost flexibility, including capacity uptake and storage, and for EU co-financing of infrastructure projects of common interest that are in line with the Energy Infrastructure Guidelines and the Connecting Europe Facility; |
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26.

Emphasises the urgent need for new, modernised, smart and flexible energy infrastructure, especially smart grids, to allow for a more flexible back-up and balancing power capacity, including individual microgeneration and storage systems, new electricity uses (such as electric vehicles) and demand response programmes (including smart meters), and a fully integrated European grid system, inter alia, in order to integrate all sources of energy across the EU, as has been proven necessary; recalls that cost-optimal policies differ according to demand patterns, supply potential, geographic characteristics and economic contexts at the local level; stresses, moreover, the urgent need for the establishment of a stable and predictable regulatory framework, as well as for EU-wide market mechanisms to boost flexibility, including capacity uptake and storage, and for EU co-financing of infrastructure projects of common interest that are in line with the Energy Infrastructure Guidelines and the Connecting Europe Facility;

| 27. | Notes that EU and national financial means, including budgetary and investment policies, are prerequisite to building new energy infrastructure in Europe, taking into consideration the costs of building new and decommissioning outdated facilities and the costs of environmental and social rehabilitation programmes in the regions concerned; |
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27.

Notes that EU and national financial means, including budgetary and investment policies, are prerequisite to building new energy infrastructure in Europe, taking into consideration the costs of building new and decommissioning outdated facilities and the costs of environmental and social rehabilitation programmes in the regions concerned;

| 28. | Asks the Commission to investigate the potential of, and the various possible technologies, for energy storage in the EU in a holistic manner, through the integration of EU internal energy market, including energy network capacities, energy and climate change policies and the protection of consumers’ interests, so that the Union’s energy and climate goals can be attained, dependence on energy from outside the EU diminished, and a genuine single market and level playing field for energy created, with the highest possible degree of security of energy supply for the future; |
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28.

Asks the Commission to investigate the potential of, and the various possible technologies, for energy storage in the EU in a holistic manner, through the integration of EU internal energy market, including energy network capacities, energy and climate change policies and the protection of consumers’ interests, so that the Union’s energy and climate goals can be attained, dependence on energy from outside the EU diminished, and a genuine single market and level playing field for energy created, with the highest possible degree of security of energy supply for the future;

Renewable energy

| 29. | Stresses that a more European approach to renewable energy policy is key in the medium to long term; encourages the Member States and their regions to improve cooperation, including by making greater use of the cooperation arrangements provided for in the Renewable Energy Directive in order to optimise the efficiency of renewables expansion, bring the costs of renewable energy down and ensure that more investments within the EU are made where they will be most productive and efficient, taking into account the specific characteristics of each Member State; emphasises the importance of putting targets in to place; highlights, in this context, the Commission’s important role as a facilitator in coordinating, financially supporting and preparing appropriate analyses of renewable energy resources and potential for the Member States, and welcomes its declared intention to draw up guidelines on trade in renewables; points out that renewables will, in the long term, move to the centre of the energy mix in Europe, as they progress from technology development to mass production and deployment, from small-scale to larger-scale — integrating local and more remote sources — and from subsidised to competitive; emphasises that the increasing uptake of renewables requires changes in policy and energy market structure to be made with a view to adapting markets to this reality and achieving greater market integration, in particular in rewarding flexibility and services to the grid system stability; stresses the importance of stable regulatory frameworks, both on an EU as on a Member State level to stimulate investments; highlights the need for simplified administrative procedures and stable and efficient support schemes that can be adapted over time and phased out when technologies and supply chains mature and become competitive, and market failures are resolved; stresses, however, that retroactive changes in support schemes have a detrimental effect on investor confidence and thereby increase the risks associated with investments and their costs; |
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29.

Stresses that a more European approach to renewable energy policy is key in the medium to long term; encourages the Member States and their regions to improve cooperation, including by making greater use of the cooperation arrangements provided for in the Renewable Energy Directive in order to optimise the efficiency of renewables expansion, bring the costs of renewable energy down and ensure that more investments within the EU are made where they will be most productive and efficient, taking into account the specific characteristics of each Member State; emphasises the importance of putting targets in to place; highlights, in this context, the Commission’s important role as a facilitator in coordinating, financially supporting and preparing appropriate analyses of renewable energy resources and potential for the Member States, and welcomes its declared intention to draw up guidelines on trade in renewables; points out that renewables will, in the long term, move to the centre of the energy mix in Europe, as they progress from technology development to mass production and deployment, from small-scale to larger-scale — integrating local and more remote sources — and from subsidised to competitive; emphasises that the increasing uptake of renewables requires changes in policy and energy market structure to be made with a view to adapting markets to this reality and achieving greater market integration, in particular in rewarding flexibility and services to the grid system stability; stresses the importance of stable regulatory frameworks, both on an EU as on a Member State level to stimulate investments; highlights the need for simplified administrative procedures and stable and efficient support schemes that can be adapted over time and phased out when technologies and supply chains mature and become competitive, and market failures are resolved; stresses, however, that retroactive changes in support schemes have a detrimental effect on investor confidence and thereby increase the risks associated with investments and their costs;

| 30. | Recognises that renewable energy targets have been successful, and calls on the Member States to implement the stable policies needed for them to meet their 2020 targets; |
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30.

Recognises that renewable energy targets have been successful, and calls on the Member States to implement the stable policies needed for them to meet their 2020 targets;

| 31. | Recalls the role of projects such as Desertec and the use of renewable energy sources in neighbouring regions; highlights the prospect of ‘Project Helios’ transporting electricity produced by renewable energy from South-East Europe to Central Europe as well as the further expansion of wind energy in the North Sea and other regions; emphasises that the opportunity to import electricity produced from renewable sources from neighbouring regions needs to be complemented by encouraging and facilitating the development of renewable sources of energy, e.g. in the southern Mediterranean and the North Sea regions, and by more interconnections within European networks; |
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31.

Recalls the role of projects such as Desertec and the use of renewable energy sources in neighbouring regions; highlights the prospect of ‘Project Helios’ transporting electricity produced by renewable energy from South-East Europe to Central Europe as well as the further expansion of wind energy in the North Sea and other regions; emphasises that the opportunity to import electricity produced from renewable sources from neighbouring regions needs to be complemented by encouraging and facilitating the development of renewable sources of energy, e.g. in the southern Mediterranean and the North Sea regions, and by more interconnections within European networks;

| 32. | Stresses that, for many renewable energy resources, it is currently impossible to guarantee a stable energy supply under current technological conditions, which entails the need to maintain reserves of conventional energy sources on stand-by; calls on the Commission, in this context, to submit an analysis of how renewable energy sources can be developed sustainably, and, above all, how to support stable sources of renewable energy; considers that, in the case of less stable energy sources, analyses should be conducted on the cost-effectiveness of ensuring reserve power, and energy-storage technologies should be developed; |
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32.

Stresses that, for many renewable energy resources, it is currently impossible to guarantee a stable energy supply under current technological conditions, which entails the need to maintain reserves of conventional energy sources on stand-by; calls on the Commission, in this context, to submit an analysis of how renewable energy sources can be developed sustainably, and, above all, how to support stable sources of renewable energy; considers that, in the case of less stable energy sources, analyses should be conducted on the cost-effectiveness of ensuring reserve power, and energy-storage technologies should be developed;

| 33. | Highlights that in order to achieve the decarbonisation of the EU power supply in the long-term, there is a need to pursue closer integration with neighbouring countries and regions such as Norway, Switzerland and the southern Mediterranean; stresses that Europe can benefit from the development of the substantial renewable sources of energy in these regions to meet both local demand and, with the development of long-distance grid interconnections, a limited percentage of EU demand; notes that more interconnection will enable Member States to export and import renewable electricity to ensure a reliable energy supply, and to balance variable power generation such as wind; points out, in this context, that interconnection to Norway offers a particular advantage to the EU because it opens access to the significant electricity storage capabilities of Norwegian hydropower plants; |
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33.

Highlights that in order to achieve the decarbonisation of the EU power supply in the long-term, there is a need to pursue closer integration with neighbouring countries and regions such as Norway, Switzerland and the southern Mediterranean; stresses that Europe can benefit from the development of the substantial renewable sources of energy in these regions to meet both local demand and, with the development of long-distance grid interconnections, a limited percentage of EU demand; notes that more interconnection will enable Member States to export and import renewable electricity to ensure a reliable energy supply, and to balance variable power generation such as wind; points out, in this context, that interconnection to Norway offers a particular advantage to the EU because it opens access to the significant electricity storage capabilities of Norwegian hydropower plants;

| 34. | Stresses the importance of microgeneration for increasing the share of renewable energy sources; highlights, moreover, the importance of microgeneration for increasing energy efficiency, securing energy supply and engaging citizens in their own energy use and in the fight against climate change; emphasises, in this regard, the need for a coherent EU strategy for microgeneration that includes measures to update energy infrastructure, reduce legislative burdens and exchange best practices of fiscal incentives; |
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34.

Stresses the importance of microgeneration for increasing the share of renewable energy sources; highlights, moreover, the importance of microgeneration for increasing energy efficiency, securing energy supply and engaging citizens in their own energy use and in the fight against climate change; emphasises, in this regard, the need for a coherent EU strategy for microgeneration that includes measures to update energy infrastructure, reduce legislative burdens and exchange best practices of fiscal incentives;

| 35. | Highlights the need to secure a sufficiently strong policy framework post-2020 for renewable energy technologies that have not yet reached grid parity, designed with a view to converge and, at a later stage, phase out subsidies; |
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35.

Highlights the need to secure a sufficiently strong policy framework post-2020 for renewable energy technologies that have not yet reached grid parity, designed with a view to converge and, at a later stage, phase out subsidies;

| 36. | Notes that the Energy Roadmap 2050 scenarios imply a higher amount of biofuels; believes that, in this regard, the Commission should support the move to third generation biofuels based on food crop waste products, and to impose similar conditions on imported biofuels; |
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36.

Notes that the Energy Roadmap 2050 scenarios imply a higher amount of biofuels; believes that, in this regard, the Commission should support the move to third generation biofuels based on food crop waste products, and to impose similar conditions on imported biofuels;

| 37. | Asks the Commission to present a proposal on how to increase efficiency in the deployment of renewable sources of energy within the EU and its regions; believes that, in the medium term, market groups for renewables at regional level could be created; |
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37.

Asks the Commission to present a proposal on how to increase efficiency in the deployment of renewable sources of energy within the EU and its regions; believes that, in the medium term, market groups for renewables at regional level could be created;

| 38. | Calls on the Member States and the Commission to support and promote global open market policies for renewable goods and to ensure the removal of all trade barriers, thereby boosting the EU’s competitiveness by promoting renewable energy technology exports; |
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38.

Calls on the Member States and the Commission to support and promote global open market policies for renewable goods and to ensure the removal of all trade barriers, thereby boosting the EU’s competitiveness by promoting renewable energy technology exports;

| 39. | Recognises that renewable energy targets have been successful and should be prolonged to 2030; calls on the Member States to keep on track towards meeting their 2020 targets; is concerned by Member States’ increasingly abrupt changes to support mechanisms for renewable energy, in particular retroactive changes to and the freezing of support; calls on the Commission to monitor carefully the implementation of the Renewable Energy Directive’s and to take action if necessary; calls on the Member States to provide stable frameworks for investments in renewable energy, including stable and regularly reviewed support schemes and streamlined administrative procedures; |
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39.

Recognises that renewable energy targets have been successful and should be prolonged to 2030; calls on the Member States to keep on track towards meeting their 2020 targets; is concerned by Member States’ increasingly abrupt changes to support mechanisms for renewable energy, in particular retroactive changes to and the freezing of support; calls on the Commission to monitor carefully the implementation of the Renewable Energy Directive’s and to take action if necessary; calls on the Member States to provide stable frameworks for investments in renewable energy, including stable and regularly reviewed support schemes and streamlined administrative procedures;

| 40. | Calls on the Commission and the Member States to increase significantly the sums earmarked for energy efficiency measures in the future Multiannual Financial Framework; |
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40.

Calls on the Commission and the Member States to increase significantly the sums earmarked for energy efficiency measures in the future Multiannual Financial Framework;

Infrastructure and the internal energy market

| 41. | Stresses that, as the EU pursues the goal of energy security and energy independence, emphasis needs to be shifted towards a model of energy interdependence between the Member States by ensuring the swift completion of the EU internal energy market and the EU smart and supergrid infrastructure linking North, South, East and West, in order to make the best use the comparative advantages of each Member State, as well as by using the full potential of decentralised and micro-scale energy production and smart energy infrastructures in all Member States; highlights the importance of ensuring that policy and regulatory developments in the Member States are fully in line with the three liberalisation packages, eliminate remaining infrastructure ‘bottlenecks’ and market failures and do not create new barriers to electricity and gas market integration; stresses, moreover, that energy policy decisions in each national system need also to take into account how such decisions could affect other Member States; suggests that it would be desirable to determine whether and how the expertise and facilities of the Agency for the Cooperation of Energy Regulators (ACER) might be put to use in the performance of the above tasks; |
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41.

Stresses that, as the EU pursues the goal of energy security and energy independence, emphasis needs to be shifted towards a model of energy interdependence between the Member States by ensuring the swift completion of the EU internal energy market and the EU smart and supergrid infrastructure linking North, South, East and West, in order to make the best use the comparative advantages of each Member State, as well as by using the full potential of decentralised and micro-scale energy production and smart energy infrastructures in all Member States; highlights the importance of ensuring that policy and regulatory developments in the Member States are fully in line with the three liberalisation packages, eliminate remaining infrastructure ‘bottlenecks’ and market failures and do not create new barriers to electricity and gas market integration; stresses, moreover, that energy policy decisions in each national system need also to take into account how such decisions could affect other Member States; suggests that it would be desirable to determine whether and how the expertise and facilities of the Agency for the Cooperation of Energy Regulators (ACER) might be put to use in the performance of the above tasks;

| 42. | Recognises that energy infrastructure projects are characterised by vast upfront investment that will be greatly reduced by full exploitation of energy savings opportunities, and by a 20-60 year operational lifetime; recalls that the current market environment is highly unpredictable, and that investors are therefore hesitant when it comes to energy infrastructure development; stresses that new strategies, including the ‘energy savings first’ strategy, and innovative instruments should be promoted in order to reduce the need for infrastructure investments, enabling a quick adaptation to the rapidly changing environment; |
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42.

Recognises that energy infrastructure projects are characterised by vast upfront investment that will be greatly reduced by full exploitation of energy savings opportunities, and by a 20-60 year operational lifetime; recalls that the current market environment is highly unpredictable, and that investors are therefore hesitant when it comes to energy infrastructure development; stresses that new strategies, including the ‘energy savings first’ strategy, and innovative instruments should be promoted in order to reduce the need for infrastructure investments, enabling a quick adaptation to the rapidly changing environment;

| 43. | Emphasises the need to implement present policies and regulations so that the existing energy infrastructure is better utilised for the benefit of the EU consumer; calls on the Commission and ACER to monitor more strictly the national implementation of rules such as the ones related to the ‘use it or lose it’ principle; |
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43.

Emphasises the need to implement present policies and regulations so that the existing energy infrastructure is better utilised for the benefit of the EU consumer; calls on the Commission and ACER to monitor more strictly the national implementation of rules such as the ones related to the ‘use it or lose it’ principle;

| 44. | Stresses the need for a fully integrated European energy market by 2014; notes the importance of full implementation of the internal energy market legislation in all Member States and the need to ensure that no Member State or region remains isolated from the European gas and electricity networks after 2015; highlights the need to take the social impact and energy costs into account while making sure that energy prices are more transparent and better reflect costs, including environmental costs where these are not taken fully into account; |
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44.

Stresses the need for a fully integrated European energy market by 2014; notes the importance of full implementation of the internal energy market legislation in all Member States and the need to ensure that no Member State or region remains isolated from the European gas and electricity networks after 2015; highlights the need to take the social impact and energy costs into account while making sure that energy prices are more transparent and better reflect costs, including environmental costs where these are not taken fully into account;

| 45. | Notes the creation of an information exchange mechanism for intergovernmental agreements between the Member States and third countries on energy policy, given that this mechanism is oriented at enhancing policy transparency, coordination and efficiency in the EU as a whole; calls on the Member States to show further ambition in ensuring that agreements contrary to internal energy market legislation are not put in place; considers that the Commission should be able to examine draft agreements for their compatibility with such legislation, and to participate in negotiations where relevant; considers that the information-exchange mechanism is a step towards further coordinating energy purchasing outside of the EU, which is of crucial importance for realising the goals of the Energy Roadmap 2050; |
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45.

Notes the creation of an information exchange mechanism for intergovernmental agreements between the Member States and third countries on energy policy, given that this mechanism is oriented at enhancing policy transparency, coordination and efficiency in the EU as a whole; calls on the Member States to show further ambition in ensuring that agreements contrary to internal energy market legislation are not put in place; considers that the Commission should be able to examine draft agreements for their compatibility with such legislation, and to participate in negotiations where relevant; considers that the information-exchange mechanism is a step towards further coordinating energy purchasing outside of the EU, which is of crucial importance for realising the goals of the Energy Roadmap 2050;

| 46. | Highlights the need to increase the incentives of investors in the energy market by increasing profitability and easing — without relaxing — the bureaucratic procedures; |
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46.

Highlights the need to increase the incentives of investors in the energy market by increasing profitability and easing — without relaxing — the bureaucratic procedures;

| 47. | Recognises that the financial crisis has made it more difficult to attract the required investment to finance the transformation of the energy system; highlights the new challenges, such as the need for flexible back-up and balancing resources in the power system (e.g. flexible generation, robust transmission network, storage, demand management, microgeneration and interconnection) to help accommodate the expected increase in variable power generation from renewable sources; emphasises the importance of infrastructure at distribution levels and the important role that proactive consumers and distribution system operators (DSOs) play during the integration into the system of decentralised energy products and demand-side efficiency measures; stresses the need for a proper assessment of the capacity available in Europe, and of the need for sufficient interconnections, and for flexible and balancing back-up capacity, to match supply with demand, thus ensuring security of electricity and gas supply; points out that granting higher priority to demand-side management and demand-side energy generation would considerably strengthen the integration of decentralised energy sources and advance the achievement of overall energy policy objectives; |
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47.

Recognises that the financial crisis has made it more difficult to attract the required investment to finance the transformation of the energy system; highlights the new challenges, such as the need for flexible back-up and balancing resources in the power system (e.g. flexible generation, robust transmission network, storage, demand management, microgeneration and interconnection) to help accommodate the expected increase in variable power generation from renewable sources; emphasises the importance of infrastructure at distribution levels and the important role that proactive consumers and distribution system operators (DSOs) play during the integration into the system of decentralised energy products and demand-side efficiency measures; stresses the need for a proper assessment of the capacity available in Europe, and of the need for sufficient interconnections, and for flexible and balancing back-up capacity, to match supply with demand, thus ensuring security of electricity and gas supply; points out that granting higher priority to demand-side management and demand-side energy generation would considerably strengthen the integration of decentralised energy sources and advance the achievement of overall energy policy objectives;

| 48. | Stresses that, since the current infrastructure is outdated, huge investments will be necessary in each scenario of the Commission’s Communication on the Roadmap 2050; points out that, in each scenario, this will result in a rise in the energy prices until 2030; notes, furthermore, that, according to the Commission, the largest share of these increases are already happening in the reference scenario since they are linked to the replacement of the next 20-year-old, already fully written-off generation capacity; |
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48.

Stresses that, since the current infrastructure is outdated, huge investments will be necessary in each scenario of the Commission’s Communication on the Roadmap 2050; points out that, in each scenario, this will result in a rise in the energy prices until 2030; notes, furthermore, that, according to the Commission, the largest share of these increases are already happening in the reference scenario since they are linked to the replacement of the next 20-year-old, already fully written-off generation capacity;

| 49. | Stresses that the European Union’s energy security is dependent on greater diversification among its sources of imports; highlights, therefore, the need for the EU to actively strengthen cooperation with its partners; notes the delays affecting the completion of the Southern Corridor; stresses the need to achieve energy security through energy diversification, recalls the significant contribution of liquefied natural gas (LNG) and LNG fleets to the EU’s energy supply, and emphasises the potential of a complementary LNG corridor in the East Mediterranean and Black Sea regions to serve as a flexible energy carrier and as an incentive for increased competition within the EU internal energy market; |
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49.

Stresses that the European Union’s energy security is dependent on greater diversification among its sources of imports; highlights, therefore, the need for the EU to actively strengthen cooperation with its partners; notes the delays affecting the completion of the Southern Corridor; stresses the need to achieve energy security through energy diversification, recalls the significant contribution of liquefied natural gas (LNG) and LNG fleets to the EU’s energy supply, and emphasises the potential of a complementary LNG corridor in the East Mediterranean and Black Sea regions to serve as a flexible energy carrier and as an incentive for increased competition within the EU internal energy market;

| 50. | Recalls that the Union’s strategic partnerships with producer and transit countries, in particular countries covered by the European Neighbourhood Policy (ENP), require adequate tools, predictability, stability and long-term investment; emphasises, to that end, that the Union’s climate objectives should be backed by EU infrastructure investment projects oriented at diversifying supply routes and increasing the Union’s energy security, such as Nabucco; |
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50.

Recalls that the Union’s strategic partnerships with producer and transit countries, in particular countries covered by the European Neighbourhood Policy (ENP), require adequate tools, predictability, stability and long-term investment; emphasises, to that end, that the Union’s climate objectives should be backed by EU infrastructure investment projects oriented at diversifying supply routes and increasing the Union’s energy security, such as Nabucco;

| 51. | Recalls that, in accordance with the internal market package, the main role for financing energy infrastructure lies with market players; acknowledges that some innovative or strategically important projects that are justified from a security of supply, solidarity and sustainability perspective but are unable to attract enough market-based finance may require limited public support to leverage private funding; emphasises that such projects should be selected based on clear, transparent criteria avoiding distortion of competition and taking into account the interests of consumers, and should be fully in line with the EU energy and climate change goals; |
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51.

Recalls that, in accordance with the internal market package, the main role for financing energy infrastructure lies with market players; acknowledges that some innovative or strategically important projects that are justified from a security of supply, solidarity and sustainability perspective but are unable to attract enough market-based finance may require limited public support to leverage private funding; emphasises that such projects should be selected based on clear, transparent criteria avoiding distortion of competition and taking into account the interests of consumers, and should be fully in line with the EU energy and climate change goals;

| 52. | Stresses that most Energy Roadmap 2050 scenarios will be unfeasible without the development of local smart distribution network grids for electricity and gas; believes that in addition to cross-border projects, the Union should adopt measures to support local grid creation or renovation, especially in regards to access for protected consumers; |
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52.

Stresses that most Energy Roadmap 2050 scenarios will be unfeasible without the development of local smart distribution network grids for electricity and gas; believes that in addition to cross-border projects, the Union should adopt measures to support local grid creation or renovation, especially in regards to access for protected consumers;

| 53. | Emphasises the importance of the Connecting Europe Facility, in which a considerable amount of funding is reserved for transforming and further developing the energy infrastructure in the EU; stresses the importance of identifying and supporting crucial sustainable projects on a large as well as on a small scale; |
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53.

Emphasises the importance of the Connecting Europe Facility, in which a considerable amount of funding is reserved for transforming and further developing the energy infrastructure in the EU; stresses the importance of identifying and supporting crucial sustainable projects on a large as well as on a small scale;

| 54. | Highlights the role of a one-stop-shop approach in complementing the EU’s simplification objectives to cut red tape, thereby speeding up authorisation and permit procedures and reducing the administrative burden on companies seeking authorisation concerning the development of energy infrastructure, whilst guaranteeing due respect for the applicable rules and regulations; calls on the Member States to review their procedures in this regard; |
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54.

Highlights the role of a one-stop-shop approach in complementing the EU’s simplification objectives to cut red tape, thereby speeding up authorisation and permit procedures and reducing the administrative burden on companies seeking authorisation concerning the development of energy infrastructure, whilst guaranteeing due respect for the applicable rules and regulations; calls on the Member States to review their procedures in this regard;

| 55. | Calls on the Commission urgently to address the regulatory uncertainty for institutional investors in the interpretation of third energy package when acting as a passive investor in both transmission and generation capacity; |
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55.

Calls on the Commission urgently to address the regulatory uncertainty for institutional investors in the interpretation of third energy package when acting as a passive investor in both transmission and generation capacity;

| 56. | Calls on the Commission urgently to address the issue of lacking incentives to smart grid investments for DSOs and transmission system operator (TSOs) in information and communications technology (ICT) and other innovative technologies that facilitate a better and greater utilisation of the existing grid; |
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56.

Calls on the Commission urgently to address the issue of lacking incentives to smart grid investments for DSOs and transmission system operator (TSOs) in information and communications technology (ICT) and other innovative technologies that facilitate a better and greater utilisation of the existing grid;

Social dimension

| 57. | Welcomes the inclusion of the social dimension in the Energy Roadmap 2050; considers that, in this respect, special attention should be given to energy poverty and employment; insists, with regard to energy poverty, that energy should be affordable for all, and calls on the Commission and the Member States, and on local authorities and competent social bodies, to work together on tailored solutions to counter such issues as electricity and heat poverty, with a special emphasis on low-income, vulnerable households that are most affected by higher energy prices; takes the view, therefore, that such a strategy should promote energy efficiency and savings as this is one of the most effective ways to reduce energy bills, and should analyse national measures such as taxation, public procurement and heat pricing, etc., in particular where they are hindering energy efficiency investments or the optimisation of heat production and use, and make recommendations on good and bad practice; stresses the importance of developing and communicating more energy efficiency measures, stimulating demand- and supply-side actions and creating awareness campaigns to enhance the necessary behavioural changes; asks the Member States to report on a regular basis on actions taken to protect households from rising energy bills and energy poverty; asks the Commission, with regard to employment, to promote measures for adjusting education, retraining and requalification in order to help the Member States bring about a highly skilled workforce ready to play its part in the energy transition; asks the Commission to provide Parliament, by the end of 2013, with more information on the impact of this transition on employment in the energy, industrial and service sectors, and to develop concrete mechanisms to assist workers and the sectors concerned; recommends that the Member States take into account the external costs and benefits of energy generation and consumption, such as the health benefits from air quality improvements; considers that a social dialogue on the implications of the Energy Roadmap, which should encompass all stakeholders involved, is a key factor and will remain so during the transition; |
| --- | --- |

57.

Welcomes the inclusion of the social dimension in the Energy Roadmap 2050; considers that, in this respect, special attention should be given to energy poverty and employment; insists, with regard to energy poverty, that energy should be affordable for all, and calls on the Commission and the Member States, and on local authorities and competent social bodies, to work together on tailored solutions to counter such issues as electricity and heat poverty, with a special emphasis on low-income, vulnerable households that are most affected by higher energy prices; takes the view, therefore, that such a strategy should promote energy efficiency and savings as this is one of the most effective ways to reduce energy bills, and should analyse national measures such as taxation, public procurement and heat pricing, etc., in particular where they are hindering energy efficiency investments or the optimisation of heat production and use, and make recommendations on good and bad practice; stresses the importance of developing and communicating more energy efficiency measures, stimulating demand- and supply-side actions and creating awareness campaigns to enhance the necessary behavioural changes; asks the Member States to report on a regular basis on actions taken to protect households from rising energy bills and energy poverty; asks the Commission, with regard to employment, to promote measures for adjusting education, retraining and requalification in order to help the Member States bring about a highly skilled workforce ready to play its part in the energy transition; asks the Commission to provide Parliament, by the end of 2013, with more information on the impact of this transition on employment in the energy, industrial and service sectors, and to develop concrete mechanisms to assist workers and the sectors concerned; recommends that the Member States take into account the external costs and benefits of energy generation and consumption, such as the health benefits from air quality improvements; considers that a social dialogue on the implications of the Energy Roadmap, which should encompass all stakeholders involved, is a key factor and will remain so during the transition;

| 58. | Points out that adopting a decarbonisation strategy that does not take into account the situation of some Member States may lead to a massive increase in energy poverty, which in some Member States is defined as a situation in which over 10 % of household budgets is spent on energy; |
| --- | --- |

58.

Points out that adopting a decarbonisation strategy that does not take into account the situation of some Member States may lead to a massive increase in energy poverty, which in some Member States is defined as a situation in which over 10 % of household budgets is spent on energy;

| 59. | Emphasises the need to protect consumers from high energy prices, and to protect businesses from unfair competition as well as from artificially low prices from companies outside the EU, in accordance with the urgings made at the Rio+20 summit regarding the enforced role of the WTO; |
| --- | --- |

59.

Emphasises the need to protect consumers from high energy prices, and to protect businesses from unfair competition as well as from artificially low prices from companies outside the EU, in accordance with the urgings made at the Rio+20 summit regarding the enforced role of the WTO;

| 60. | Urges the Member States and the international community to boost educational institutions capable of producing a skilled labour force, as well as the next generation of scientists and innovators, in areas such as the safe supply and use of energy, energy security and energy efficiency; recalls, in this regard, the important role of Horizon 2020 and the European Institute of Innovation and Technology in bridging the gap between education, research and implementation in the energy sector; |
| --- | --- |

60.

Urges the Member States and the international community to boost educational institutions capable of producing a skilled labour force, as well as the next generation of scientists and innovators, in areas such as the safe supply and use of energy, energy security and energy efficiency; recalls, in this regard, the important role of Horizon 2020 and the European Institute of Innovation and Technology in bridging the gap between education, research and implementation in the energy sector;

| 61. | Wishes to highlight the key role of price transparency and consumer information; takes the view, therefore, that it is up to the Commission to determine, as accurately as possible, the impact of such factors on the energy prices paid by individuals and businesses in the various scenarios chosen; |
| --- | --- |

61.

Wishes to highlight the key role of price transparency and consumer information; takes the view, therefore, that it is up to the Commission to determine, as accurately as possible, the impact of such factors on the energy prices paid by individuals and businesses in the various scenarios chosen;

The role of specific energy sources

| 62. | Believes that all types of low-carbon technology will be needed to achieve the ambitious goal of decarbonising the EU’s energy system in general and the electricity sector in particular; accepts that it will remain uncertain which technologies will be technically and commercially proven within the required time scale; stresses that flexibility must be preserved in order to allow adaptation to the technological and socio-economic changes that will arise; |
| --- | --- |

62.

Believes that all types of low-carbon technology will be needed to achieve the ambitious goal of decarbonising the EU’s energy system in general and the electricity sector in particular; accepts that it will remain uncertain which technologies will be technically and commercially proven within the required time scale; stresses that flexibility must be preserved in order to allow adaptation to the technological and socio-economic changes that will arise;

| 63. | Acknowledges that conventional fossil fuels are likely to remain part of the energy system at least during the transition to a low-carbon energy system; |
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63.

Acknowledges that conventional fossil fuels are likely to remain part of the energy system at least during the transition to a low-carbon energy system;

| 64. | Acknowledges that nuclear energy is currently used as an important low-emission energy source; calls on the Commission and the Member States, in light of the lessons learned from the 2011 Fukushima accident, to improve the safety of nuclear energy, utilising the results of the recent nuclear stress tests; |
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64.

Acknowledges that nuclear energy is currently used as an important low-emission energy source; calls on the Commission and the Member States, in light of the lessons learned from the 2011 Fukushima accident, to improve the safety of nuclear energy, utilising the results of the recent nuclear stress tests;

| 65. | Agrees with the Commission that nuclear energy will remain an important contributor since some Member States continue to see nuclear energy as a secure, reliable and affordable source of low-carbon electricity generation; recognises that the scenario analysis shows that nuclear energy can contribute to lower system costs and lower electricity prices; |
| --- | --- |

65.

Agrees with the Commission that nuclear energy will remain an important contributor since some Member States continue to see nuclear energy as a secure, reliable and affordable source of low-carbon electricity generation; recognises that the scenario analysis shows that nuclear energy can contribute to lower system costs and lower electricity prices;

| 66. | Agrees with the Commission that natural gas will play an important role, in the short to medium term, in the transformation of the energy system, since it represents a relatively quick and cost-efficient way of reducing reliance on other more polluting fossil fuels; stressing the need to diversify natural gas supply routes to the European Union; warns against investments that could lead to lock-in long-term dependency on fossil fuels; |
| --- | --- |

66.

Agrees with the Commission that natural gas will play an important role, in the short to medium term, in the transformation of the energy system, since it represents a relatively quick and cost-efficient way of reducing reliance on other more polluting fossil fuels; stressing the need to diversify natural gas supply routes to the European Union; warns against investments that could lead to lock-in long-term dependency on fossil fuels;

| 67. | Recognises natural gas potential as a flexible back-up for balancing variable renewable energy supply alongside electricity storage, interconnection and demand-response; considers affording greater importance to gas, particularly if technologies for carbon capture and storage become more widely available; believes that the objective of reducing greenhouse gas emissions must be the core consideration here, and the prevailing objective in the energy mix; |
| --- | --- |

67.

Recognises natural gas potential as a flexible back-up for balancing variable renewable energy supply alongside electricity storage, interconnection and demand-response; considers affording greater importance to gas, particularly if technologies for carbon capture and storage become more widely available; believes that the objective of reducing greenhouse gas emissions must be the core consideration here, and the prevailing objective in the energy mix;

| 68. | Is of the opinion that the role of liquefied petroleum gas (LPG), as a flexible and reliable energy source in places short of infrastructure, should not be forgotten; |
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68.

Is of the opinion that the role of liquefied petroleum gas (LPG), as a flexible and reliable energy source in places short of infrastructure, should not be forgotten;

| 69. | Emphasises the need to tackle the anticipated growth of gas and electricity imports from third countries to the EU in the short- and medium-term, with a view of securing the energy supply; reiterates that, for some regions and Member States, this challenge is closely linked with a dependency on gas and oil import from a single third country; acknowledges that meeting this challenge requires, inter alia, a strengthened role for indigenous energy resources and renewables, which are vital to ensure competitiveness and security of supply, as well as actions oriented at diversifying the portfolio of energy suppliers, routes and sources; acknowledges that one strategic objective in this regard is to aim at the realisation of the Southern Gas Corridor, and the achievement of the supply route to the EU of roughly 10-20 % of the EU gas demand by 2020, in order to enable each European region to have physical access to at least two different sources of gas; |
| --- | --- |

69.

Emphasises the need to tackle the anticipated growth of gas and electricity imports from third countries to the EU in the short- and medium-term, with a view of securing the energy supply; reiterates that, for some regions and Member States, this challenge is closely linked with a dependency on gas and oil import from a single third country; acknowledges that meeting this challenge requires, inter alia, a strengthened role for indigenous energy resources and renewables, which are vital to ensure competitiveness and security of supply, as well as actions oriented at diversifying the portfolio of energy suppliers, routes and sources; acknowledges that one strategic objective in this regard is to aim at the realisation of the Southern Gas Corridor, and the achievement of the supply route to the EU of roughly 10-20 % of the EU gas demand by 2020, in order to enable each European region to have physical access to at least two different sources of gas;

| 70. | Notes that CCS could play a role on the road to decarbonisation by 2050; notes, however, that CCS is still at the research and development stage; notes that CCS development remains highly uncertain due to unresolved problems, such as non-specified delays, high costs and efficiency concerns; stresses that CCS, developed in an economically efficient, safe and sustainable way, will need to be in use on a commercial scale as soon as possible; highlights that CCS is also an important option for the decarbonisation of several energy-intensive industries such as oil refining aluminium smelting and cement production; calls on the Commission to draw up a mid-term report evaluating the results obtained from the use of EU-subsidised demonstration projects for coal-fired power stations; |
| --- | --- |

70.

Notes that CCS could play a role on the road to decarbonisation by 2050; notes, however, that CCS is still at the research and development stage; notes that CCS development remains highly uncertain due to unresolved problems, such as non-specified delays, high costs and efficiency concerns; stresses that CCS, developed in an economically efficient, safe and sustainable way, will need to be in use on a commercial scale as soon as possible; highlights that CCS is also an important option for the decarbonisation of several energy-intensive industries such as oil refining aluminium smelting and cement production; calls on the Commission to draw up a mid-term report evaluating the results obtained from the use of EU-subsidised demonstration projects for coal-fired power stations;

| 71. | Underlines the importance of policy intervention, public funding and an appropriate carbon price to demonstrate and ensure the early deployment of CCS technology in Europe from 2020; underlines the importance of the EU demonstration programme to build public acceptance and support for CCS as an important technology to reduce greenhouse gas emissions; |
| --- | --- |

71.

Underlines the importance of policy intervention, public funding and an appropriate carbon price to demonstrate and ensure the early deployment of CCS technology in Europe from 2020; underlines the importance of the EU demonstration programme to build public acceptance and support for CCS as an important technology to reduce greenhouse gas emissions;

| 72. | Calls on the Commission to enable and promote knowledge sharing and collaboration within the EU and internationally to ensure the best engineering value is captured at scale in CCS demonstration projects; calls on the Commission to support early investment in pipeline infrastructure and to coordinate cross-border planning to ensure access to CO2 sinks from 2020, and to undertake research to characterise storage reservoirs in Europe; calls on the Commission to work actively with Member States and industry to communicate the benefits and safety of CCS in order to build public confidence in the technology; |
| --- | --- |

72.

Calls on the Commission to enable and promote knowledge sharing and collaboration within the EU and internationally to ensure the best engineering value is captured at scale in CCS demonstration projects; calls on the Commission to support early investment in pipeline infrastructure and to coordinate cross-border planning to ensure access to CO2 sinks from 2020, and to undertake research to characterise storage reservoirs in Europe; calls on the Commission to work actively with Member States and industry to communicate the benefits and safety of CCS in order to build public confidence in the technology;

| 73. | Notes that optimal, safe and sustainable development and use of domestic and regional energy resources, and the competitiveness of infrastructure necessary for the stable supply of domestic or imported energy sources, can contribute to increased energy security, and should therefore constitute a priority when forming EU energy policy; |
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73.

Notes that optimal, safe and sustainable development and use of domestic and regional energy resources, and the competitiveness of infrastructure necessary for the stable supply of domestic or imported energy sources, can contribute to increased energy security, and should therefore constitute a priority when forming EU energy policy;

| 74. | Notes that, as long as demand for products based on crude oil continues, keeping a European presence in the refining industry is important in order to help secure security of supply, support the competitiveness of downstream industries such as the petrochemical industry, set worldwide standards for fuel refining quality, insure compliance with environmental requirements and preserve employment in those sectors; highlights, as well, the finding of the Energy Roadmap that oil is likely to remain in the energy mix even in 2050, albeit with a much lower share than today, and used mainly in long-distance passenger and freight transports; |
| --- | --- |

74.

Notes that, as long as demand for products based on crude oil continues, keeping a European presence in the refining industry is important in order to help secure security of supply, support the competitiveness of downstream industries such as the petrochemical industry, set worldwide standards for fuel refining quality, insure compliance with environmental requirements and preserve employment in those sectors; highlights, as well, the finding of the Energy Roadmap that oil is likely to remain in the energy mix even in 2050, albeit with a much lower share than today, and used mainly in long-distance passenger and freight transports;

| 75. | Believes that special attention must be applied to those Member State regions where coal is currently the overwhelming source of energy and/or where coal production and coal powered electrical production are vital regional sources of employment; believes that additional, EU-supported social measures will be required if the Energy Roadmap 2050 scenarios are to be accepted by the populations of these regions; |
| --- | --- |

75.

Believes that special attention must be applied to those Member State regions where coal is currently the overwhelming source of energy and/or where coal production and coal powered electrical production are vital regional sources of employment; believes that additional, EU-supported social measures will be required if the Energy Roadmap 2050 scenarios are to be accepted by the populations of these regions;

Global challenges in the field of energy

| 76. | While recognising that the EU operates in a global context and acting alone may not bring all the expected benefits, recalls the November 2011 TTE Council conclusions on strengthening the external dimension of the EU energy policy, wherein the Council emphasised the need for a broader and more coordinated EU approach to international energy relations in order to meet global energy challenges and climate change, and the need to address competitiveness and carbon leakage related issues and maintain and promote the highest nuclear safety standards, while at the same time ensuring the safe, secure, sustainable and diversified supply of energy; |
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76.

While recognising that the EU operates in a global context and acting alone may not bring all the expected benefits, recalls the November 2011 TTE Council conclusions on strengthening the external dimension of the EU energy policy, wherein the Council emphasised the need for a broader and more coordinated EU approach to international energy relations in order to meet global energy challenges and climate change, and the need to address competitiveness and carbon leakage related issues and maintain and promote the highest nuclear safety standards, while at the same time ensuring the safe, secure, sustainable and diversified supply of energy;

| 77. | Stresses the need to ensure the energy security and eventual self-sufficiency of the EU, primarily achieved by promoting energy efficiency and savings and renewable energy, which will, together with other alternative sources of energy, reduce import dependency; notes the emerging interest in the exploration of oil and gas fields in the Mediterranean Sea and the Black Sea; believes that there is an urgent need to put in place a comprehensive EU policy on oil and gas drilling at sea; believes that emphasis should be put on potential hazards and on the delineation of exclusive economic zones (EEZs) for the Member States concerned and relevant third countries in accordance with the UNCLOS Convention, to which all Member States, and the EU as such, are signatories; |
| --- | --- |

77.

Stresses the need to ensure the energy security and eventual self-sufficiency of the EU, primarily achieved by promoting energy efficiency and savings and renewable energy, which will, together with other alternative sources of energy, reduce import dependency; notes the emerging interest in the exploration of oil and gas fields in the Mediterranean Sea and the Black Sea; believes that there is an urgent need to put in place a comprehensive EU policy on oil and gas drilling at sea; believes that emphasis should be put on potential hazards and on the delineation of exclusive economic zones (EEZs) for the Member States concerned and relevant third countries in accordance with the UNCLOS Convention, to which all Member States, and the EU as such, are signatories;

| 78. | Emphasises that the granting of licensing rights for drilling and the delineation of EEZs will become a source of friction with third countries, and that the EU should maintain a high political profile in this respect and seek to preclude international discord; underlines that energy should be used as a motor for peace, environmental integrity, cooperation and stability; |
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78.

Emphasises that the granting of licensing rights for drilling and the delineation of EEZs will become a source of friction with third countries, and that the EU should maintain a high political profile in this respect and seek to preclude international discord; underlines that energy should be used as a motor for peace, environmental integrity, cooperation and stability;

| 79. | Calls for the EU-Russia Energy Roadmap to be based on principles of mutual respect and reciprocity, grounded in World Trade Organisation, Energy Charter Treaty and Third Energy Package rules; calls on the Commission to implement and execute, in an effective manner, EU internal market and competition rules vis-à-vis all energy sector undertakings operating on the territory of the Union; welcomes, in this respect, the recent investigation into anticompetitive behaviour by Gazprom and its European subsidiaries, and deplores the politically motivated decree of the President of the Russian Federation preventing its energy companies from cooperating with EU institutions; insists that every energy sector undertaking is expected to cooperate fully with the investigative authorities; calls on the Commission to propose an appropriate response to this decree and to ensure that the investigation can proceed; |
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79.

Calls for the EU-Russia Energy Roadmap to be based on principles of mutual respect and reciprocity, grounded in World Trade Organisation, Energy Charter Treaty and Third Energy Package rules; calls on the Commission to implement and execute, in an effective manner, EU internal market and competition rules vis-à-vis all energy sector undertakings operating on the territory of the Union; welcomes, in this respect, the recent investigation into anticompetitive behaviour by Gazprom and its European subsidiaries, and deplores the politically motivated decree of the President of the Russian Federation preventing its energy companies from cooperating with EU institutions; insists that every energy sector undertaking is expected to cooperate fully with the investigative authorities; calls on the Commission to propose an appropriate response to this decree and to ensure that the investigation can proceed;

| 80. | Calls on the Commission to draw up a comprehensive set of short-, medium- and long-term energy policy priorities for the EU to pursue in relations with its neighbours with a view to establishing a common legal area based on the acquis-related principles and norms of the internal energy market; stresses the importance of extending the Energy Community further, notably to include candidate countries and countries in the Eastern Partnership, Central Asia and the Mediterranean, and of setting up legal control mechanisms to deal with deficient acquis implementation; calls on the Union to show solidarity with regard to its partners which are part of the Energy Community; condemns, in this regard, the recent threats made by the Russian Federation vis-à-vis Moldova; |
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80.

Calls on the Commission to draw up a comprehensive set of short-, medium- and long-term energy policy priorities for the EU to pursue in relations with its neighbours with a view to establishing a common legal area based on the acquis-related principles and norms of the internal energy market; stresses the importance of extending the Energy Community further, notably to include candidate countries and countries in the Eastern Partnership, Central Asia and the Mediterranean, and of setting up legal control mechanisms to deal with deficient acquis implementation; calls on the Union to show solidarity with regard to its partners which are part of the Energy Community; condemns, in this regard, the recent threats made by the Russian Federation vis-à-vis Moldova;

| 81. | Stresses that the EU energy policy must in no way contradict the basic principles upon which the EU was founded with regard, in particular, to democracy and human rights; calls on the Commission, in this regard, to privilege in its energy relations producers and transit countries that share and support the same values; |
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81.

Stresses that the EU energy policy must in no way contradict the basic principles upon which the EU was founded with regard, in particular, to democracy and human rights; calls on the Commission, in this regard, to privilege in its energy relations producers and transit countries that share and support the same values;

| 82. | Underlines the importance of strengthening cooperation and dialogue with other strategic energy partners; considers that the growing influence of emerging economies in the global energy markets, as well as growth in their energy demand, make it essential for the EU to engage with these partners in a comprehensive manner, across all energy areas; notes that, in the long term, the European Union has to increase coordination with regards to purchases of energy from third countries; calls for a closer cooperation between the Council, the Commission and the European External Action Service (EEAS) so that the EU may speak with one voice on issues concerning energy policy, as defined by the EU legislation and by indications from the Commission’s Directorate-General for Energy; recalls that Parliament should be kept regularly informed on developments in this area; |
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82.

Underlines the importance of strengthening cooperation and dialogue with other strategic energy partners; considers that the growing influence of emerging economies in the global energy markets, as well as growth in their energy demand, make it essential for the EU to engage with these partners in a comprehensive manner, across all energy areas; notes that, in the long term, the European Union has to increase coordination with regards to purchases of energy from third countries; calls for a closer cooperation between the Council, the Commission and the European External Action Service (EEAS) so that the EU may speak with one voice on issues concerning energy policy, as defined by the EU legislation and by indications from the Commission’s Directorate-General for Energy; recalls that Parliament should be kept regularly informed on developments in this area;

| 83. | Stresses that the solidarity between Member States called for in the EU Treaty should apply both to the daily working and the crisis management of the internal and external energy policy; calls on the Commission to provide a clear definition of ‘energy solidarity’ in order to ensure that it is respected by all Member States; |
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83.

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

| 84. | Stresses that there will be no compromise on safety and security of either traditional (e.g. nuclear) or new (e.g. unconventional oil and gas) energy sources, and believes that the EU should continue efforts to strengthen the safety and security framework and take a lead in international efforts in this field; |
| --- | --- |

84.

Stresses that there will be no compromise on safety and security of either traditional (e.g. nuclear) or new (e.g. unconventional oil and gas) energy sources, and believes that the EU should continue efforts to strengthen the safety and security framework and take a lead in international efforts in this field;

| 85. | Emphasises that as Member States set about connecting and integrating their national markets through investments in infrastructure and the approval of common regulations, continuous efforts should also be made to collaborate with Russia in order to identify creative and mutually acceptable measures aimed at reducing discrepancies between the two energy markets; |
| --- | --- |

85.

Emphasises that as Member States set about connecting and integrating their national markets through investments in infrastructure and the approval of common regulations, continuous efforts should also be made to collaborate with Russia in order to identify creative and mutually acceptable measures aimed at reducing discrepancies between the two energy markets;

| 86. | Stresses that as energy supply is shifting towards developing economies, the EU should engage in intensive dialogue and cooperation with the BRICS countries with respect to energy efficiency, renewable energy sources, clean coal, CCS, smart grids, fusion research and nuclear safety; the EU should also develop a clear policy for research and innovation collaboration in the energy sector with these countries; |
| --- | --- |

86.

Stresses that as energy supply is shifting towards developing economies, the EU should engage in intensive dialogue and cooperation with the BRICS countries with respect to energy efficiency, renewable energy sources, clean coal, CCS, smart grids, fusion research and nuclear safety; the EU should also develop a clear policy for research and innovation collaboration in the energy sector with these countries;

| 87. | Calls on the EU to continue to play an active role in the international negotiations on the global climate deal; stresses that the EU needs to know what the consequences of a failure to conclude a global climate change agreement would be; regrets that the Roadmap does not present a scenario where no such agreement is reached; stresses that achieving a legally binding global agreement on emissions reduction — and the involvement in the process of the world’s biggest emitters, such as China, India, the US and Brazil — will increase the chances of achieving a real reduction in greenhouse gas emissions; points to the need to respond to the challenge posed by carbon leakage by avoiding the relocation of energy-intensive industries outside the EU; |
| --- | --- |

87.

Calls on the EU to continue to play an active role in the international negotiations on the global climate deal; stresses that the EU needs to know what the consequences of a failure to conclude a global climate change agreement would be; regrets that the Roadmap does not present a scenario where no such agreement is reached; stresses that achieving a legally binding global agreement on emissions reduction — and the involvement in the process of the world’s biggest emitters, such as China, India, the US and Brazil — will increase the chances of achieving a real reduction in greenhouse gas emissions; points to the need to respond to the challenge posed by carbon leakage by avoiding the relocation of energy-intensive industries outside the EU;

Emissions Trading Scheme (ETS)

| 88. | Recognises that the ETS is currently the principal — though not only — instrument for reducing industrial greenhouse gas emissions and promoting investment in safe and sustainable low-carbon technologies; notes that structural improvement of the ETS is necessary in order to increase the scheme’s ability to respond to economic downturns and upturns, restore investors’ certainty and strengthen market-based incentives for investment in and the use of low-carbon technologies; notes that any structural changes to the ETS would require a comprehensive assessment of the environmental, economic and social effects as well as of the impact on low-carbon investments, on the electricity price and on the competitiveness of energy-intensive industries, in particular regarding the risk of carbon leakage; calls on the Commission and the Member States to facilitate and encourage the development of innovative, safe and sustainable technological solutions by EU industries; |
| --- | --- |

88.

Recognises that the ETS is currently the principal — though not only — instrument for reducing industrial greenhouse gas emissions and promoting investment in safe and sustainable low-carbon technologies; notes that structural improvement of the ETS is necessary in order to increase the scheme’s ability to respond to economic downturns and upturns, restore investors’ certainty and strengthen market-based incentives for investment in and the use of low-carbon technologies; notes that any structural changes to the ETS would require a comprehensive assessment of the environmental, economic and social effects as well as of the impact on low-carbon investments, on the electricity price and on the competitiveness of energy-intensive industries, in particular regarding the risk of carbon leakage; calls on the Commission and the Member States to facilitate and encourage the development of innovative, safe and sustainable technological solutions by EU industries;

| 89. | Asks the Commission to come forward as soon as possible with an additional assessment with suggestions for recommended actions to prevent the risk of carbon leakage caused by reallocation of production facilities to locations outside the EU, focusing in particular on additional scenarios in which limited or no further global action is taken on carbon emission reduction; |
| --- | --- |

89.

Asks the Commission to come forward as soon as possible with an additional assessment with suggestions for recommended actions to prevent the risk of carbon leakage caused by reallocation of production facilities to locations outside the EU, focusing in particular on additional scenarios in which limited or no further global action is taken on carbon emission reduction;

| 90. | Emphasises that non-ETS sector causes some 55 % of the EU’s greenhouse gas emissions and that it is essential to ensure that, concomitant with the ETS, also non-ETS sectors are taking their responsibility to curb emissions; stresses the need for political guidance at the EU level, and for concrete actions to be taken to address this issue; |
| --- | --- |

90.

Emphasises that non-ETS sector causes some 55 % of the EU’s greenhouse gas emissions and that it is essential to ensure that, concomitant with the ETS, also non-ETS sectors are taking their responsibility to curb emissions; stresses the need for political guidance at the EU level, and for concrete actions to be taken to address this issue;

| 91. | Recognises that the ETS is experiencing problems not originally anticipated, and that the accumulating surplus of allowances will depress the incentive to promote low carbon investments for many years to come; notes that this endangers the effectiveness of the ETS as the EU’s principal mechanism to reduce emissions in a manner that creates a level playing field for competing technologies, that gives companies flexibility to develop their own mitigation strategy, and that provides for specific measures to combat carbon leakage; calls on the Commission to adopt measures to correct the failings of the ETS and to allow it to function as originally envisaged: suggests that these measures include:






  (a) | presenting as soon as possible a report to Parliament and the Council which shall examine, amongst other aspects, the impacts on incentives for investments in low-carbon technologies and the risk of carbon leakage; before the start of the third phase, the Commission should, if appropriate, amend the regulation referred to in article 10(4) of Directive 2003/87/EC in order to implement appropriate measures which may include withholding the necessary amount of allowances; |
| --- | --- | --- |

91.

Recognises that the ETS is experiencing problems not originally anticipated, and that the accumulating surplus of allowances will depress the incentive to promote low carbon investments for many years to come; notes that this endangers the effectiveness of the ETS as the EU’s principal mechanism to reduce emissions in a manner that creates a level playing field for competing technologies, that gives companies flexibility to develop their own mitigation strategy, and that provides for specific measures to combat carbon leakage; calls on the Commission to adopt measures to correct the failings of the ETS and to allow it to function as originally envisaged: suggests that these measures include:

(a)

presenting as soon as possible a report to Parliament and the Council which shall examine, amongst other aspects, the impacts on incentives for investments in low-carbon technologies and the risk of carbon leakage; before the start of the third phase, the Commission should, if appropriate, amend the regulation referred to in article 10(4) of Directive 2003/87/EC in order to implement appropriate measures which may include withholding the necessary amount of allowances;

| (b) | proposing legislation at the earliest appropriate date to modify the 1,74 % annual linear reduction requirement so as to meet the requirements of the 2050 CO2 reduction target; |
| --- | --- |

(b)

proposing legislation at the earliest appropriate date to modify the 1,74 % annual linear reduction requirement so as to meet the requirements of the 2050 CO2 reduction target;

| (c) | undertaking and publishing an assessment of the value of establishing a reserve price for the auction of allowances; |
| --- | --- |

(c)

undertaking and publishing an assessment of the value of establishing a reserve price for the auction of allowances;

| (d) | taking steps to increase the input of relevant information and the transparency of the ETS registry, so as to enable more effective monitoring and evaluation; |
| --- | --- |

(d)

taking steps to increase the input of relevant information and the transparency of the ETS registry, so as to enable more effective monitoring and evaluation;

Research, human resources, new technologies and alternative fuels

| 92. | Believes that prices play a crucial role in energy-related investment and energy production; notes that the different Member States’ policies to promote renewable energy should be seen as a learning curve; takes the opinion that the recent, relatively high prices of fossil fuels will promote the development of renewable energy, provided that policy and market failures are removed; recommends that the Member States promote and support more efficient support schemes for renewable energy in order to minimise increases in energy prices; asks the Commission to explore options for a more coordinated, convergent, integrated European system of renewables support; |
| --- | --- |

92.

Believes that prices play a crucial role in energy-related investment and energy production; notes that the different Member States’ policies to promote renewable energy should be seen as a learning curve; takes the opinion that the recent, relatively high prices of fossil fuels will promote the development of renewable energy, provided that policy and market failures are removed; recommends that the Member States promote and support more efficient support schemes for renewable energy in order to minimise increases in energy prices; asks the Commission to explore options for a more coordinated, convergent, integrated European system of renewables support;

| 93. | Believes that the rise in recent years of energy bills in the EU has developed a ‘smart’, common-sense-based approach to cut energy use through energy efficiency and energy savings; stresses the importance of accompanying this natural yet insufficient change in behaviour with the right policy actions, and with financial support, in order to enhance further energy savings; stresses the need for stimulating consumers to generate their own energy; stresses that the role of ICT and its implementation throughout smart grid networks is increasingly important for the development of efficient energy consumption and, in particular, for the development of demand response programmes (including smart meters), which should help consumers become active stakeholders in energy efficiency by providing them with easily understood, real-time data on energy consumption in households and businesses, and on the surplus that is fed back to the grid, as well as with information on energy efficiency measures and possibilities; |
| --- | --- |

93.

Believes that the rise in recent years of energy bills in the EU has developed a ‘smart’, common-sense-based approach to cut energy use through energy efficiency and energy savings; stresses the importance of accompanying this natural yet insufficient change in behaviour with the right policy actions, and with financial support, in order to enhance further energy savings; stresses the need for stimulating consumers to generate their own energy; stresses that the role of ICT and its implementation throughout smart grid networks is increasingly important for the development of efficient energy consumption and, in particular, for the development of demand response programmes (including smart meters), which should help consumers become active stakeholders in energy efficiency by providing them with easily understood, real-time data on energy consumption in households and businesses, and on the surplus that is fed back to the grid, as well as with information on energy efficiency measures and possibilities;

| 94. | Believes that energy infrastructure should become more end-user orientated, with a stronger focus on the interaction between distribution system capacities and consumption, and emphasises the need for real-time, two-directional power and information flows; points out the benefits for consumers of new technologies, such as demand-side energy management and demand-response systems, that improve energy efficiency of supply and demand; |
| --- | --- |

94.

Believes that energy infrastructure should become more end-user orientated, with a stronger focus on the interaction between distribution system capacities and consumption, and emphasises the need for real-time, two-directional power and information flows; points out the benefits for consumers of new technologies, such as demand-side energy management and demand-response systems, that improve energy efficiency of supply and demand;

| 95. | Believes that the roll out of smart grids is a matter of urgency, and that, without them, the integration of distributed renewable generation and the improvement of energy consumption efficiency (which are basic for the achievement of the objectives of the 20/20/20 Climate and Energy Package) will not be possible; |
| --- | --- |

95.

Believes that the roll out of smart grids is a matter of urgency, and that, without them, the integration of distributed renewable generation and the improvement of energy consumption efficiency (which are basic for the achievement of the objectives of the 20/20/20 Climate and Energy Package) will not be possible;

| 96. | Emphasises the role of smart grids to allow two-way communication between electricity producers and customers, and points out that smart grids can allow consumers to observe and adapt their electricity use; points out that strong personal data protection, and consumer education programmes such as information campaigns in schools and universities, are essential, in particular if smart meters are to have a real impact; stresses that the Member States should make the relevant information available on websites for consumers and that all relevant actors — such as builders, architects and suppliers of heat, cooling and electricity equipment — should obtain up-to-date information, compare prices and services, and, on that basis, choose the energy provider most suitable for their purposes; |
| --- | --- |

96.

Emphasises the role of smart grids to allow two-way communication between electricity producers and customers, and points out that smart grids can allow consumers to observe and adapt their electricity use; points out that strong personal data protection, and consumer education programmes such as information campaigns in schools and universities, are essential, in particular if smart meters are to have a real impact; stresses that the Member States should make the relevant information available on websites for consumers and that all relevant actors — such as builders, architects and suppliers of heat, cooling and electricity equipment — should obtain up-to-date information, compare prices and services, and, on that basis, choose the energy provider most suitable for their purposes;

| 97. | Calls on the Commission to ensure that Horizon 2020, and the European Innovation Partnerships under the Innovation Union, prioritise energy system optimisation and the need to develop all types of sustainable low-carbon technologies in order to spur EU competitiveness, promote job opportunities and create incentives to responsible energy behaviour; supports the goals of the EU Strategic Energy Technology Plan and of the associated European Industrial Initiatives in this regard; stresses that promoting energy efficiency and reducing the cost of renewable energy through technological improvements and innovation should also be accorded the highest priority by, inter alia, earmarking a higher share of public research budgets for renewable energy and energy efficiency research, particularly in Horizon 2020 and the SET plan; |
| --- | --- |

97.

Calls on the Commission to ensure that Horizon 2020, and the European Innovation Partnerships under the Innovation Union, prioritise energy system optimisation and the need to develop all types of sustainable low-carbon technologies in order to spur EU competitiveness, promote job opportunities and create incentives to responsible energy behaviour; supports the goals of the EU Strategic Energy Technology Plan and of the associated European Industrial Initiatives in this regard; stresses that promoting energy efficiency and reducing the cost of renewable energy through technological improvements and innovation should also be accorded the highest priority by, inter alia, earmarking a higher share of public research budgets for renewable energy and energy efficiency research, particularly in Horizon 2020 and the SET plan;

| 98. | Maintains that research into new alternative fuels is essential in order to meet long-term environmental and climate targets, and therefore looks to the Horizon 2020 programme to provide the necessary incentives; |
| --- | --- |

98.

Maintains that research into new alternative fuels is essential in order to meet long-term environmental and climate targets, and therefore looks to the Horizon 2020 programme to provide the necessary incentives;

| 99. | Stresses the importance of further research and development by public institutions, and by industry, to improve and increase energy efficiency, and the use of renewable energy and natural gas, in the road, maritime and aviation sectors; |
| --- | --- |

99.

Stresses the importance of further research and development by public institutions, and by industry, to improve and increase energy efficiency, and the use of renewable energy and natural gas, in the road, maritime and aviation sectors;

Heating and cooling

| 100. | Calls for greater attention to be paid to the heat and cooling sectors; calls, in this respects, on the EU to consider the full integration of the heating and cooling sector into the transformation of the energy system; notes that this sector today represents ca. 45 % of the final energy consumption in Europe, and that a better understanding of the important role of heating and cooling is needed; calls on the Commission, therefore, to gather the required data reflecting the energy sources for and uses of heating and cooling, as well as the distribution of heat to different groups of final consumers (e.g. residential, industry, tertiary); encourages the development of combined heat and power plants that use renewable or recovered and waste heat, and supports further research on cooling and heating systems with a view to executing the EU’s ambitious policy; calls on public authorities to update demand forecasts on the 2050 horizon and to produce impact assessments of regional underground conditions in order to optimise resource allocation; calls, furthermore, on the Commission and the Member States to allocate increased funding to local energy infrastructures such as district heating and cooling — including through R&D and innovative financial instruments — that bring about efficient, low- and no-carbon solutions that will substitute the import and European-wide exchange/transport of energy; notes that readily available renewable energy solutions (geothermal, biomass including biodegradable waste, solar thermal and hydro/aerothermal), in combination with energy efficiency measures, have the potential to decarbonise the heat demand by 2050 in a more cost-effective way, while addressing the problem of energy poverty; |
| --- | --- |

100.

Calls for greater attention to be paid to the heat and cooling sectors; calls, in this respects, on the EU to consider the full integration of the heating and cooling sector into the transformation of the energy system; notes that this sector today represents ca. 45 % of the final energy consumption in Europe, and that a better understanding of the important role of heating and cooling is needed; calls on the Commission, therefore, to gather the required data reflecting the energy sources for and uses of heating and cooling, as well as the distribution of heat to different groups of final consumers (e.g. residential, industry, tertiary); encourages the development of combined heat and power plants that use renewable or recovered and waste heat, and supports further research on cooling and heating systems with a view to executing the EU’s ambitious policy; calls on public authorities to update demand forecasts on the 2050 horizon and to produce impact assessments of regional underground conditions in order to optimise resource allocation; calls, furthermore, on the Commission and the Member States to allocate increased funding to local energy infrastructures such as district heating and cooling — including through R&D and innovative financial instruments — that bring about efficient, low- and no-carbon solutions that will substitute the import and European-wide exchange/transport of energy; notes that readily available renewable energy solutions (geothermal, biomass including biodegradable waste, solar thermal and hydro/aerothermal), in combination with energy efficiency measures, have the potential to decarbonise the heat demand by 2050 in a more cost-effective way, while addressing the problem of energy poverty;

Final remarks

| 101. | Welcomes the forthcoming Commission Communications on CCS, on the internal market, on energy efficiency and energy technologies with a view to making further progress on the political choices identified in the Energy Roadmap 2050; |
| --- | --- |

101.

Welcomes the forthcoming Commission Communications on CCS, on the internal market, on energy efficiency and energy technologies with a view to making further progress on the political choices identified in the Energy Roadmap 2050;

| 102. | Believes that, in order to ensure security of energy supply, special attention should be given to the EU’s external border regions by supporting the networking and development of new energy infrastructures in cooperation with neighbouring countries; |
| --- | --- |

102.

Believes that, in order to ensure security of energy supply, special attention should be given to the EU’s external border regions by supporting the networking and development of new energy infrastructures in cooperation with neighbouring countries;

| 103. | Notes that differing geographical conditions make it impossible to apply a ‘one-size-fits-all’ energy policy to all regions; believes — notwithstanding the criteria for joint action and while aware of the need to comply with EU policy frameworks — that each European region should be allowed to pursue an individual plan, geared to its situation and economy, developing those sustainable energy sources which can fulfil the Energy Roadmap 2050 goals most effectively, and recalls that renewable energy generation in particular has a key role to play in terms of development and employment, in both rural and non-rural areas; calls, therefore, on all regions to develop and implement energy strategies, and to consider including energy in their research and innovation strategies for smart specialisation; |
| --- | --- |

103.

Notes that differing geographical conditions make it impossible to apply a ‘one-size-fits-all’ energy policy to all regions; believes — notwithstanding the criteria for joint action and while aware of the need to comply with EU policy frameworks — that each European region should be allowed to pursue an individual plan, geared to its situation and economy, developing those sustainable energy sources which can fulfil the Energy Roadmap 2050 goals most effectively, and recalls that renewable energy generation in particular has a key role to play in terms of development and employment, in both rural and non-rural areas; calls, therefore, on all regions to develop and implement energy strategies, and to consider including energy in their research and innovation strategies for smart specialisation;

| 104. | Emphasises the importance of transparency, democratic oversight and civil society involvement in relations with third countries in the field of energy; |
| --- | --- |

104.

Emphasises the importance of transparency, democratic oversight and civil society involvement in relations with third countries in the field of energy;

| 105. | Stresses the importance of reducing the total consumption of energy, and of increasing energy efficiency, in the transport sector, including through transport planning and support for public transport at Member State level; stresses as well that renewable energy projects under the Trans-European Network programme for transport and for energy (TEN-T and TEN-E) should be accelerated; |
| --- | --- |

105.

Stresses the importance of reducing the total consumption of energy, and of increasing energy efficiency, in the transport sector, including through transport planning and support for public transport at Member State level; stresses as well that renewable energy projects under the Trans-European Network programme for transport and for energy (TEN-T and TEN-E) should be accelerated;

| 106. | Takes the view that the overall decarbonisation goal necessitates a substantial reduction in transport emissions, which implies the further development of alternative fuels, improvements in the efficiency of means of transport, and a substantial rise in electricity use, and thus high levels of investment in electricity infrastructure, grid management and energy storage; notes that quick action is needed to avoid being locked into a higher emission path on account of the long lifecycle of infrastructure; |
| --- | --- |

106.

Takes the view that the overall decarbonisation goal necessitates a substantial reduction in transport emissions, which implies the further development of alternative fuels, improvements in the efficiency of means of transport, and a substantial rise in electricity use, and thus high levels of investment in electricity infrastructure, grid management and energy storage; notes that quick action is needed to avoid being locked into a higher emission path on account of the long lifecycle of infrastructure;

| 107. | Strongly encourages the idea of incorporating the conclusions of the Commission working document ‘Regions 2020 — an assessment of future challenges for EU regions’ concerning the importance of also taking account of the potential of the outermost and less developed regions in the field of energy supply in the years ahead; |
| --- | --- |

107.

Strongly encourages the idea of incorporating the conclusions of the Commission working document ‘Regions 2020 — an assessment of future challenges for EU regions’ concerning the importance of also taking account of the potential of the outermost and less developed regions in the field of energy supply in the years ahead;

| 108. | Draws attention to the complex relationship between energy, food supply and security developments, particularly with regard to unsustainable first generation biofuels which may have a negative social and environmental impact on developing countries; recommends, therefore, a step-up in investment and development of sustainable advanced biofuels from agricultural waste products and algae; |
| --- | --- |

108.

Draws attention to the complex relationship between energy, food supply and security developments, particularly with regard to unsustainable first generation biofuels which may have a negative social and environmental impact on developing countries; recommends, therefore, a step-up in investment and development of sustainable advanced biofuels from agricultural waste products and algae;

| 109. | Recalls the importance of the environmental integrity of energy production; calls on the Member States to apply Environmental Impact Assessment requirements strictly and to all types of energy production, including unconventional gas; |
| --- | --- |

109.

Recalls the importance of the environmental integrity of energy production; calls on the Member States to apply Environmental Impact Assessment requirements strictly and to all types of energy production, including unconventional gas;

| 110. | Calls on the Commission to support the so-called ‘energy security clause’ — to be included in all trade, association, and partnership and cooperation agreements with producer and transit countries — which would lay down a code of conduct, and explicitly outline measures to be taken in the event of any unilateral change in terms by one of the partners; |
| --- | --- |

110.

Calls on the Commission to support the so-called ‘energy security clause’ — to be included in all trade, association, and partnership and cooperation agreements with producer and transit countries — which would lay down a code of conduct, and explicitly outline measures to be taken in the event of any unilateral change in terms by one of the partners;

| 111. | Notes the importance of broad cooperation in the Arctic region, particularly among countries in the Euro-Atlantic sphere, including an agreement on a special regime; calls, therefore, on the Commission to come forward with a holistic assessment of the benefits and risks of EU involvement in the Arctic, including an environmental risk analysis, given the very fragile and indispensible areas, especially in the high Arctic; |
| --- | --- |

111.

Notes the importance of broad cooperation in the Arctic region, particularly among countries in the Euro-Atlantic sphere, including an agreement on a special regime; calls, therefore, on the Commission to come forward with a holistic assessment of the benefits and risks of EU involvement in the Arctic, including an environmental risk analysis, given the very fragile and indispensible areas, especially in the high Arctic;

| 112. | Notes that the Arctic waters are a neighbouring marine environment of particular importance to the European Union, and that they play an important role in mitigating climate change; stresses that the serious environmental concerns relating to the Arctic waters require special attention to ensure the environmental protection of the Arctic in relation to any offshore oil and gas operations, including exploration, taking into account the risk of major accidents and the need for an effective response; encourages those Member States that are members of the Arctic Council actively to promote efforts to maintain the highest possible environmental safety standards in this vulnerable and unique ecosystem, inter alia through the creation of international instruments for the prevention of, preparedness for and response to, marine oil pollution in the Arctic, and, in particular, to actively propose policies for governments that cause them to refrain from authorising offshore oil and gas operations, including exploration, as long as an effective response to such accidents cannot be ensured; |
| --- | --- |

112.

Notes that the Arctic waters are a neighbouring marine environment of particular importance to the European Union, and that they play an important role in mitigating climate change; stresses that the serious environmental concerns relating to the Arctic waters require special attention to ensure the environmental protection of the Arctic in relation to any offshore oil and gas operations, including exploration, taking into account the risk of major accidents and the need for an effective response; encourages those Member States that are members of the Arctic Council actively to promote efforts to maintain the highest possible environmental safety standards in this vulnerable and unique ecosystem, inter alia through the creation of international instruments for the prevention of, preparedness for and response to, marine oil pollution in the Arctic, and, in particular, to actively propose policies for governments that cause them to refrain from authorising offshore oil and gas operations, including exploration, as long as an effective response to such accidents cannot be ensured;

o

o o

| 113. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

113.

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

---

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

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

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

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

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

(6)  Directive 2009/28/EC of 23 April 2009 (OJ L 140 5.6.2009, p. 16). An amending proposal (COM(2012)0595) is currently under discussions.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/76 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/76

---

P7_TA(2013)0089

Risk and safety assessments of nuclear power plants in the European Union (‘stress tests’)

European Parliament resolution of 14 March 2013 on risk and safety assessments (‘stress tests’) of nuclear power plants in the European Union and related activities (2012/2830(RSP))

(2016/C 036/12)

The European Parliament,

| — | having regard to the Commission communication of 4 October 2012 on the comprehensive risk and safety assessments (‘stress tests’) of nuclear power plants in the European Union and related activities (COM(2012)0571), |
| --- | --- |

—

having regard to the Commission communication of 4 October 2012 on the comprehensive risk and safety assessments (‘stress tests’) of nuclear power plants in the European Union and related activities (COM(2012)0571),

| — | having regard to the follow-up fact-finding site visits organised by the European Nuclear Safety Regulators Group (ENSREG) after completion of the stress tests review process with the aim of exchanging information with respect to measures taken, planned or under consideration at the site level to improve safety as a result of the stress test and of identifying good practices and noteworthy successes, as well as any lessons learned or difficulties encountered in implementing these measures, |
| --- | --- |

—

having regard to the follow-up fact-finding site visits organised by the European Nuclear Safety Regulators Group (ENSREG) after completion of the stress tests review process with the aim of exchanging information with respect to measures taken, planned or under consideration at the site level to improve safety as a result of the stress test and of identifying good practices and noteworthy successes, as well as any lessons learned or difficulties encountered in implementing these measures,

| — | having regard to the European Council conclusions of 24—25 March 2011, and in particular the appeal made to the independent national authorities in the EU to conduct a comprehensive and transparent risk and safety assessment of all EU nuclear plants, in the light of the lessons learned from the accident at the Fukushima-Daiichi nuclear power plant in Japan, |
| --- | --- |

—

having regard to the European Council conclusions of 24—25 March 2011, and in particular the appeal made to the independent national authorities in the EU to conduct a comprehensive and transparent risk and safety assessment of all EU nuclear plants, in the light of the lessons learned from the accident at the Fukushima-Daiichi nuclear power plant in Japan,

| — | whereas the ENSREG action plan was approved on 1 August 2012, ensuring that the recommendations and suggestions from the stress test peer reviews will be addressed by national regulators and ENSREG in a consistent manner, |
| --- | --- |

—

whereas the ENSREG action plan was approved on 1 August 2012, ensuring that the recommendations and suggestions from the stress test peer reviews will be addressed by national regulators and ENSREG in a consistent manner,

| — | having regard to Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (1), which stresses that the national responsibility of Member States for the safety of nuclear installations is a fundamental principle and that the primary responsibility for supervising nuclear safety installations lies with the national regulators, |
| --- | --- |

—

having regard to Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (1), which stresses that the national responsibility of Member States for the safety of nuclear installations is a fundamental principle and that the primary responsibility for supervising nuclear safety installations lies with the national regulators,

| — | having regard to the ENSREG Report on the stress tests peer review adopted by ENSREG and the Commission, and to the associated joint statement issued by ENSREG and the Commission on 26 April 2012, |
| --- | --- |

—

having regard to the ENSREG Report on the stress tests peer review adopted by ENSREG and the Commission, and to the associated joint statement issued by ENSREG and the Commission on 26 April 2012,

| — | having regard to the nuclear disaster of 2011 at the Fukushima-Daiichi nuclear power plant in Japan, |
| --- | --- |

—

having regard to the nuclear disaster of 2011 at the Fukushima-Daiichi nuclear power plant in Japan,

| — | having regard to the European Council conclusions of 28—29 June 2012, and notably to the call issued to the Member States to ensure the full and timely implementation of the recommendations presented in the report published by ENSREG following the completion of the nuclear safety stress tests, |
| --- | --- |

—

having regard to the European Council conclusions of 28—29 June 2012, and notably to the call issued to the Member States to ensure the full and timely implementation of the recommendations presented in the report published by ENSREG following the completion of the nuclear safety stress tests,

| — | having regard to Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste (2), |
| --- | --- |

—

having regard to Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste (2),

| — | having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 2 and 30 thereof, |
| --- | --- |

—

having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 2 and 30 thereof,

| — | having regard to the question to the Commission on the comprehensive risk and safety assessments (‘stress tests’) of nuclear power plants in the European Union and related activities (O-000183/2012 — B7-0108/2013), |
| --- | --- |

—

having regard to the question to the Commission on the comprehensive risk and safety assessments (‘stress tests’) of nuclear power plants in the European Union and related activities (O-000183/2012 — B7-0108/2013),

| — | having regard to Rules 115(5) and 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

| A. | whereas the report of Parliament’s Committee on Industry, Research and Energy of 16 October 2012 on the proposal for a Council regulation establishing an Instrument for Nuclear Safety Cooperation (A7-0327/2012) calls for nuclear safety in third countries to reflect European safety standards; |
| --- | --- |

A.

whereas the report of Parliament’s Committee on Industry, Research and Energy of 16 October 2012 on the proposal for a Council regulation establishing an Instrument for Nuclear Safety Cooperation (A7-0327/2012) calls for nuclear safety in third countries to reflect European safety standards;

| B. | whereas the ‘comprehensive risk and safety assessments (“stress tests”) of nuclear power plants in the European Union and related activities’ were conducted in order to look into the preparedness of nuclear power plants (NPPs) for a number of extreme conditions; |
| --- | --- |

B.

whereas the ‘comprehensive risk and safety assessments (“stress tests”) of nuclear power plants in the European Union and related activities’ were conducted in order to look into the preparedness of nuclear power plants (NPPs) for a number of extreme conditions;

| 1. | Takes note of the Commission communication on stress tests and their results, in the wake of the Fukushima accident; welcomes the efforts made by the Commission, especially through ENSREG, and by the national regulators to subject 145 reactors in the EU and 20 reactors outside the EU to a stress test procedure; emphasises the usefulness of this procedure and its character as an unprecedented exercise at world level; expects that the results of the stress tests will contribute to enhancing a nuclear safety culture in Europe, thus setting a leading example internationally; praises the efforts made to make the stress tests as transparent as possible; |
| --- | --- |

1.

Takes note of the Commission communication on stress tests and their results, in the wake of the Fukushima accident; welcomes the efforts made by the Commission, especially through ENSREG, and by the national regulators to subject 145 reactors in the EU and 20 reactors outside the EU to a stress test procedure; emphasises the usefulness of this procedure and its character as an unprecedented exercise at world level; expects that the results of the stress tests will contribute to enhancing a nuclear safety culture in Europe, thus setting a leading example internationally; praises the efforts made to make the stress tests as transparent as possible;

| 2. | Takes note of the main conclusions of the peer-review report which highlights four main areas for improvement in Europe: (1) issuing Western European Nuclear Regulators Association (WENRA) guidance on the assessment of natural hazards and margins, taking account of the existing International Atomic Energy Agency (IAEA) guidelines; (2) underlining the importance of periodic safety reviews; (3) implementing recognised measures to protect containment integrity; and (4) minimising accidents resulting from natural hazards and limiting their consequences; |
| --- | --- |

2.

Takes note of the main conclusions of the peer-review report which highlights four main areas for improvement in Europe: (1) issuing Western European Nuclear Regulators Association (WENRA) guidance on the assessment of natural hazards and margins, taking account of the existing International Atomic Energy Agency (IAEA) guidelines; (2) underlining the importance of periodic safety reviews; (3) implementing recognised measures to protect containment integrity; and (4) minimising accidents resulting from natural hazards and limiting their consequences;

| 3. | Acknowledges that, following the stress tests, countries have started to implement or plan measures to improve the safety of their plants, in particular in the light of the lessons learned from Fukushima; welcomes the fact that an action plan was agreed between ENSREG and the Commission for the follow-up of the recommendations and that all actions undertaken to improve nuclear safety will be shared at European level; highlights the fact that on the basis of peer review the Commission identified measures to be considered at EU level; calls on all actors involved to ensure an appropriate and immediate follow-up to all the findings and recommendations contained therein, including identified best practice; recommends, with a view to this, confirming the leading role of ENSREG in monitoring the implementation of the peer-review recommendations on the basis of national action plans; asks for regular information from ENSREG on the progress made to be provided to the Commission, Parliament and the Council, and for Parliament to be informed and consulted annually regarding results, measures and plans in the area of nuclear safety; |
| --- | --- |

3.

Acknowledges that, following the stress tests, countries have started to implement or plan measures to improve the safety of their plants, in particular in the light of the lessons learned from Fukushima; welcomes the fact that an action plan was agreed between ENSREG and the Commission for the follow-up of the recommendations and that all actions undertaken to improve nuclear safety will be shared at European level; highlights the fact that on the basis of peer review the Commission identified measures to be considered at EU level; calls on all actors involved to ensure an appropriate and immediate follow-up to all the findings and recommendations contained therein, including identified best practice; recommends, with a view to this, confirming the leading role of ENSREG in monitoring the implementation of the peer-review recommendations on the basis of national action plans; asks for regular information from ENSREG on the progress made to be provided to the Commission, Parliament and the Council, and for Parliament to be informed and consulted annually regarding results, measures and plans in the area of nuclear safety;

| 4. | Recalls, however, that the stress tests initiated by the Commission and ENSREG were limited in scope and were primarily intended to assess the robustness and preparedness of NPPs in the face of extremely severe external events; considers, therefore, that the stress tests were primarily aimed at assessing the robustness and preparedness of NPPs against such severe external events and were not and could not be intended to replace the detailed safety reviews of NPPs which are carried out under the national competence of the Member States for assessing the nuclear safety of NPPs; urges the Commission, therefore, to include the overall robustness of NPPs (in particular with regard to possible cracks in pressure vessels) as a specific criterion in future stress tests; |
| --- | --- |

4.

Recalls, however, that the stress tests initiated by the Commission and ENSREG were limited in scope and were primarily intended to assess the robustness and preparedness of NPPs in the face of extremely severe external events; considers, therefore, that the stress tests were primarily aimed at assessing the robustness and preparedness of NPPs against such severe external events and were not and could not be intended to replace the detailed safety reviews of NPPs which are carried out under the national competence of the Member States for assessing the nuclear safety of NPPs; urges the Commission, therefore, to include the overall robustness of NPPs (in particular with regard to possible cracks in pressure vessels) as a specific criterion in future stress tests;

| 5. | Emphasises that the stress tests are incomplete and that risks such as secondary events, material deterioration, human errors, specific flaws inside the reactor vessels and many other deficiencies were not taken in to account; underlines, therefore, that even if it is successful, a stress tests will not guarantee the safety of a nuclear plant; |
| --- | --- |

5.

Emphasises that the stress tests are incomplete and that risks such as secondary events, material deterioration, human errors, specific flaws inside the reactor vessels and many other deficiencies were not taken in to account; underlines, therefore, that even if it is successful, a stress tests will not guarantee the safety of a nuclear plant;

| 6. | Notes that the present results reflect the participation of a number of non-EU countries, although sometimes with different methodologies and timetables; |
| --- | --- |

6.

Notes that the present results reflect the participation of a number of non-EU countries, although sometimes with different methodologies and timetables;

| 7. | Urges the Commission and the Member States to encourage non-EU countries with nuclear power plants, in particular neighbouring countries, to apply the stress test procedure and to share their results; highlights the importance of strengthening international nuclear safety and security standards and of their proper implementation; encourages the EU to continue cooperating in this regard at international level, in particular in the context of the IAEA; |
| --- | --- |

7.

Urges the Commission and the Member States to encourage non-EU countries with nuclear power plants, in particular neighbouring countries, to apply the stress test procedure and to share their results; highlights the importance of strengthening international nuclear safety and security standards and of their proper implementation; encourages the EU to continue cooperating in this regard at international level, in particular in the context of the IAEA;

| 8. | Notes that the Convention on Nuclear Safety is a legal instrument aimed especially at promoting a high level of nuclear safety at global level, which obliges the Contracting Parties (including Euratom) to submit reports on the implementation of their duties for peer review at the regular meetings of the Contracting Parties held under the auspices of the IAEA; encourages the use of the Instrument for Nuclear Safety Cooperation (INSC) to promote, on the basis of the experience gained in Europe, implementation of the stress tests on an international scale; |
| --- | --- |

8.

Notes that the Convention on Nuclear Safety is a legal instrument aimed especially at promoting a high level of nuclear safety at global level, which obliges the Contracting Parties (including Euratom) to submit reports on the implementation of their duties for peer review at the regular meetings of the Contracting Parties held under the auspices of the IAEA; encourages the use of the Instrument for Nuclear Safety Cooperation (INSC) to promote, on the basis of the experience gained in Europe, implementation of the stress tests on an international scale;

| 9. | Recalls that the hazards of radioactive waste were once again highlighted by the Fukushima nuclear accident; notes that natural disasters such as earthquakes and tsunamis could affect the safety of existing nuclear installations, or those under construction, in the Union and its neighbouring countries with high seismic and tsunami risk, as in the case of Akkuyu in Turkey; believes that, in addition to the measures to be implemented for NPPs, all appropriate action should be taken at Union and Member State level to ensure that radioactive waste disposal does not take place in identified high-risk areas; calls on the Commission to support the open and unbiased identification of the best facilities for storing radioactive waste as safely as possible; urges neighbouring and accession candidate countries to join the European Community Urgent Radiological Information Exchange Agreement (Ecurie); |
| --- | --- |

9.

Recalls that the hazards of radioactive waste were once again highlighted by the Fukushima nuclear accident; notes that natural disasters such as earthquakes and tsunamis could affect the safety of existing nuclear installations, or those under construction, in the Union and its neighbouring countries with high seismic and tsunami risk, as in the case of Akkuyu in Turkey; believes that, in addition to the measures to be implemented for NPPs, all appropriate action should be taken at Union and Member State level to ensure that radioactive waste disposal does not take place in identified high-risk areas; calls on the Commission to support the open and unbiased identification of the best facilities for storing radioactive waste as safely as possible; urges neighbouring and accession candidate countries to join the European Community Urgent Radiological Information Exchange Agreement (Ecurie);

| 10. | Calls on the Member States and the national regulators to implement the recommendations and suggestions of the ENSREG peer-review report, including identified best practice, and, where appropriate, to adapt their legislation to take account of the lessons learnt from the Fukushima-Daiichi accident; |
| --- | --- |

10.

Calls on the Member States and the national regulators to implement the recommendations and suggestions of the ENSREG peer-review report, including identified best practice, and, where appropriate, to adapt their legislation to take account of the lessons learnt from the Fukushima-Daiichi accident;

| 11. | Calls on the Commission to submit proposals concerning the definition of the principles of nuclear safety regulation in respect of the nuclear power plants which are in operation, are being decommissioned or have already been decommissioned in the EU; |
| --- | --- |

11.

Calls on the Commission to submit proposals concerning the definition of the principles of nuclear safety regulation in respect of the nuclear power plants which are in operation, are being decommissioned or have already been decommissioned in the EU;

| 12. | Calls for the independence and transparency of supervisory authorities to be given the highest priority for as long as nuclear power plants remain in operation; |
| --- | --- |

12.

Calls for the independence and transparency of supervisory authorities to be given the highest priority for as long as nuclear power plants remain in operation;

| 13. | Considers that there are different national approaches to assessing the effects of aircraft crashes on the safety of NPPs; notes that ‘aircraft crashes have not been considered explicitly as an initiating event in the safety assessments’, and that only their effects have been outlined in the stress test specifications; regrets, however, the fact that only four Member States have included such assessments in their stress test reports; notes, nonetheless, that the stress test specifications state that ‘the assessment of consequences of loss of safety functions is relevant also if the situation is provoked by indirect initiating events for instance (...) airplane crash’; also notes that, given that this risk falls primarily within the area of Member States’ national security concerns and, therefore, sovereignty, an Ad Hoc Group on Nuclear Security (AHGNS) has been set up with the task of examining the issue in detail and publishing its conclusions; is aware that further exchanges between Member States are planned on that subject within appropriate forums such as the European Nuclear Security Regulators Association (ENSRA); asks all interested stakeholders, including Member States, the Commission, ENSREG, ENSRA and NPP operators, to work together in order to anticipate and agree a common approach to dealing with the risk of aircraft crashes, while recognising that this risk falls within the area of Member States’ national security concerns and sovereignty; |
| --- | --- |

13.

Considers that there are different national approaches to assessing the effects of aircraft crashes on the safety of NPPs; notes that ‘aircraft crashes have not been considered explicitly as an initiating event in the safety assessments’, and that only their effects have been outlined in the stress test specifications; regrets, however, the fact that only four Member States have included such assessments in their stress test reports; notes, nonetheless, that the stress test specifications state that ‘the assessment of consequences of loss of safety functions is relevant also if the situation is provoked by indirect initiating events for instance (...) airplane crash’; also notes that, given that this risk falls primarily within the area of Member States’ national security concerns and, therefore, sovereignty, an Ad Hoc Group on Nuclear Security (AHGNS) has been set up with the task of examining the issue in detail and publishing its conclusions; is aware that further exchanges between Member States are planned on that subject within appropriate forums such as the European Nuclear Security Regulators Association (ENSRA); asks all interested stakeholders, including Member States, the Commission, ENSREG, ENSRA and NPP operators, to work together in order to anticipate and agree a common approach to dealing with the risk of aircraft crashes, while recognising that this risk falls within the area of Member States’ national security concerns and sovereignty;

| 14. | Stresses that in the EU, 47 nuclear power plants, with 111 reactors between them, have more than 100 000 people living within a 30-km radius; regrets the fact that the scope of the stress tests was not extended to off-site emergency preparedness, despite the importance of this factor in limiting the impact of potential nuclear accidents on the population; welcomes the initiative undertaken by the Commission, with the support of ENSREG, of launching a study focusing on cross-border regions in the EU; asks the Commission, as part of the upcoming nuclear safety directive, to make recommendations on cross-border and in-country off-site emergency preventive measures; recommends, in this context, securing the involvement of the competent crossborder authorities at national and regional level, in terms of their safety action plans and experiences in information and communication processes where NPPs are located directly on national borders; |
| --- | --- |

14.

Stresses that in the EU, 47 nuclear power plants, with 111 reactors between them, have more than 100 000 people living within a 30-km radius; regrets the fact that the scope of the stress tests was not extended to off-site emergency preparedness, despite the importance of this factor in limiting the impact of potential nuclear accidents on the population; welcomes the initiative undertaken by the Commission, with the support of ENSREG, of launching a study focusing on cross-border regions in the EU; asks the Commission, as part of the upcoming nuclear safety directive, to make recommendations on cross-border and in-country off-site emergency preventive measures; recommends, in this context, securing the involvement of the competent crossborder authorities at national and regional level, in terms of their safety action plans and experiences in information and communication processes where NPPs are located directly on national borders;

| 15. | Calls for the EU’s citizens to be fully informed and consulted on nuclear safety in the Union; |
| --- | --- |

15.

Calls for the EU’s citizens to be fully informed and consulted on nuclear safety in the Union;

| 16. | Stresses that the availability of a skilled and experienced workforce is key to a strong nuclear safety culture; insists, therefore, that all necessary measures be implemented at EU and Member State level to promote and maintain high levels of skills regarding nuclear safety, waste management, radiation protection and emergency preparedness; calls on the Commission to encourage crossborder exchanges of experts and best practice, and stresses the importance of guaranteeing appropriate working conditions, in particular as regards working time, so as not to jeopardise nuclear safety; |
| --- | --- |

16.

Stresses that the availability of a skilled and experienced workforce is key to a strong nuclear safety culture; insists, therefore, that all necessary measures be implemented at EU and Member State level to promote and maintain high levels of skills regarding nuclear safety, waste management, radiation protection and emergency preparedness; calls on the Commission to encourage crossborder exchanges of experts and best practice, and stresses the importance of guaranteeing appropriate working conditions, in particular as regards working time, so as not to jeopardise nuclear safety;

| 17. | Recommends that the EU support international efforts to develop the highest possible safety standards, to be applied rigorously and developed in parallel with scientific progress and reflecting the legitimate concerns of citizens; highlights, in this context, the EU’s role in the Neighbourhood Policy as an instrument for cooperation on nuclear safety; urges the Member States and the Commission to take joint responsibility for strengthening international nuclear safety standards and their proper implementation, in close cooperation with the IAEA, the Espoo Convention secretariat and other relevant international organisations; invites the Commission to consider the IAEA post-Fukushima action plan and to submit an inclusive action plan with concrete arrangements for its implementation; urges the Commission and the Member States, in cooperation with the IAEA, to work constructively with countries that have failed to apply transparent nuclear safety stress tests, such as Belarus, Russia and Turkey, and to urge them to adhere to international safety standards and cooperate with international experts at all stages of the preparation, construction, operation and decommissioning of NPPs; believes, in that connection, that the EU must make full use of the expertise offered by international organisations and bodies; |
| --- | --- |

17.

Recommends that the EU support international efforts to develop the highest possible safety standards, to be applied rigorously and developed in parallel with scientific progress and reflecting the legitimate concerns of citizens; highlights, in this context, the EU’s role in the Neighbourhood Policy as an instrument for cooperation on nuclear safety; urges the Member States and the Commission to take joint responsibility for strengthening international nuclear safety standards and their proper implementation, in close cooperation with the IAEA, the Espoo Convention secretariat and other relevant international organisations; invites the Commission to consider the IAEA post-Fukushima action plan and to submit an inclusive action plan with concrete arrangements for its implementation; urges the Commission and the Member States, in cooperation with the IAEA, to work constructively with countries that have failed to apply transparent nuclear safety stress tests, such as Belarus, Russia and Turkey, and to urge them to adhere to international safety standards and cooperate with international experts at all stages of the preparation, construction, operation and decommissioning of NPPs; believes, in that connection, that the EU must make full use of the expertise offered by international organisations and bodies;

| 18. | Takes the view that the EU should pursue close cooperation, in line with the Euratom Treaty, with the IAEA in relation to nuclear safety; stresses that the Council regulation establishing an Instrument for Nuclear Safety Cooperation should result in help being provided to, among others, Japan in the stabilisation and remediation of the Fukushima-Daiichi nuclear site and in the areas of radiological protection and food safety at national level; |
| --- | --- |

18.

Takes the view that the EU should pursue close cooperation, in line with the Euratom Treaty, with the IAEA in relation to nuclear safety; stresses that the Council regulation establishing an Instrument for Nuclear Safety Cooperation should result in help being provided to, among others, Japan in the stabilisation and remediation of the Fukushima-Daiichi nuclear site and in the areas of radiological protection and food safety at national level;

| 19. | Notes that on the basis of the stress tests the national regulators concluded that there are no technical reasons requiring the shutdown of any NPP in the EU; emphasises, however, that the stress tests did demonstrate that practically all NPPs need to implement site-specific safety improvements, since a significant number of technical upgrade measures have been identified, and that the implementation of the earlier measures is still to be completed; calls for the urgent implementation of the necessary upgrade measures, and points out that measures relating to nuclear security and safety must not be affected by the austerity measures imposed by Member States; |
| --- | --- |

19.

Notes that on the basis of the stress tests the national regulators concluded that there are no technical reasons requiring the shutdown of any NPP in the EU; emphasises, however, that the stress tests did demonstrate that practically all NPPs need to implement site-specific safety improvements, since a significant number of technical upgrade measures have been identified, and that the implementation of the earlier measures is still to be completed; calls for the urgent implementation of the necessary upgrade measures, and points out that measures relating to nuclear security and safety must not be affected by the austerity measures imposed by Member States;

| 20. | Asks, in the interests of efficient policymaking and a transparent public debate, for the initial estimated total cost of the necessary safety improvement measures recommended following the stress tests for the 132 reactors operating in the EU (EUR 10 to 25 billion over the coming years) to be further substantiated by a more detailed cost analysis, to be carried out by the national regulators in cooperation with the nuclear operators and, if possible, linked to the choice of identified recommendations; considers that, whatever the costs of such improvements, they must be borne entirely by the nuclear operators and not by the taxpayer; calls on the Commission to monitor this issue closely, including in the context of its competences in competition policy; |
| --- | --- |

20.

Asks, in the interests of efficient policymaking and a transparent public debate, for the initial estimated total cost of the necessary safety improvement measures recommended following the stress tests for the 132 reactors operating in the EU (EUR 10 to 25 billion over the coming years) to be further substantiated by a more detailed cost analysis, to be carried out by the national regulators in cooperation with the nuclear operators and, if possible, linked to the choice of identified recommendations; considers that, whatever the costs of such improvements, they must be borne entirely by the nuclear operators and not by the taxpayer; calls on the Commission to monitor this issue closely, including in the context of its competences in competition policy;

| 21. | Stresses that an overall nuclear safety and security policy should encompass all nuclear sites, fuel and reactor safety, waste management and decommissioning, operational safety, sufficient human resources, continuous improvements in safety conditions for workers in this sector, and emergency preparedness, including crossborder off-site emergency plans, and should also guarantee the existence of strong and independent regulators; |
| --- | --- |

21.

Stresses that an overall nuclear safety and security policy should encompass all nuclear sites, fuel and reactor safety, waste management and decommissioning, operational safety, sufficient human resources, continuous improvements in safety conditions for workers in this sector, and emergency preparedness, including crossborder off-site emergency plans, and should also guarantee the existence of strong and independent regulators;

| 22. | Considers that as long as the existing nuclear power plants remain in operation while others are being constructed, the level of nuclear safety in the EU, as well as in neighbouring third countries, must reflect as a main priority the highest safety and security practices and standards existing worldwide; insists on the need to ensure that those concerns are reflected along the entire life cycle of NPPs, thus including their eventual decommissioning; stresses above all that the costs incurred across their life cycle (choice of location, design, construction, activation, operation and decommissioning) should be taken into account in assessing the safety criteria of nuclear power plants; recalls that cost and risk analyses have a major role to play regarding the continued operation of plants; |
| --- | --- |

22.

Considers that as long as the existing nuclear power plants remain in operation while others are being constructed, the level of nuclear safety in the EU, as well as in neighbouring third countries, must reflect as a main priority the highest safety and security practices and standards existing worldwide; insists on the need to ensure that those concerns are reflected along the entire life cycle of NPPs, thus including their eventual decommissioning; stresses above all that the costs incurred across their life cycle (choice of location, design, construction, activation, operation and decommissioning) should be taken into account in assessing the safety criteria of nuclear power plants; recalls that cost and risk analyses have a major role to play regarding the continued operation of plants;

| 23. | Considers that the management of all external hazards should follow an assessment process in line with the IAEA guidelines, as a minimum requirement, and must not underestimate non-technical aspects; |
| --- | --- |

23.

Considers that the management of all external hazards should follow an assessment process in line with the IAEA guidelines, as a minimum requirement, and must not underestimate non-technical aspects;

| 24. | Notes that differences between Member States can result in divergent approaches to nuclear safety regulation, but that they are all Parties to the IAEA nuclear safety standards and are all under an obligation to respect and implement the provisions of EU nuclear safety legislation; |
| --- | --- |

24.

Notes that differences between Member States can result in divergent approaches to nuclear safety regulation, but that they are all Parties to the IAEA nuclear safety standards and are all under an obligation to respect and implement the provisions of EU nuclear safety legislation;

| 25. | Acknowledges that, according to the Commission communication and the ENSREG peer-review report, the stress test exercise has demonstrated the positive contribution of periodic safety reviews as an efficient tool for maintaining and improving the safety and robustness of NPPs; notes, for example, ENSREG’s view that the re-evaluation of natural hazards risks and relevant plant provisions should be repeated at least every 5 or 10 years; recommends that periodic reviews should be based on common safety standards and that the revision of the legal framework on nuclear safety should include corresponding provisions; |
| --- | --- |

25.

Acknowledges that, according to the Commission communication and the ENSREG peer-review report, the stress test exercise has demonstrated the positive contribution of periodic safety reviews as an efficient tool for maintaining and improving the safety and robustness of NPPs; notes, for example, ENSREG’s view that the re-evaluation of natural hazards risks and relevant plant provisions should be repeated at least every 5 or 10 years; recommends that periodic reviews should be based on common safety standards and that the revision of the legal framework on nuclear safety should include corresponding provisions;

| 26. | Welcomes the upcoming revision of the Nuclear Safety Directive, which should be ambitious in nature and should result in the opportunity to introduce major improvements in areas such as safety procedures and frameworks — in particular through the definition and implementation of binding nuclear safety standards that reflect state-of-the-art practices in the EU in technical, regulatory and operational respects — as well as in the role and resources of the nuclear regulatory authorities and, in particular, should boost the latter’s independence, openness and transparency, while also strengthening monitoring and peer review; stresses that the revision of the nuclear safety legal framework should take account of the ongoing international work being carried out, e.g. at IAEA level; |
| --- | --- |

26.

Welcomes the upcoming revision of the Nuclear Safety Directive, which should be ambitious in nature and should result in the opportunity to introduce major improvements in areas such as safety procedures and frameworks — in particular through the definition and implementation of binding nuclear safety standards that reflect state-of-the-art practices in the EU in technical, regulatory and operational respects — as well as in the role and resources of the nuclear regulatory authorities and, in particular, should boost the latter’s independence, openness and transparency, while also strengthening monitoring and peer review; stresses that the revision of the nuclear safety legal framework should take account of the ongoing international work being carried out, e.g. at IAEA level;

| 27. | Asks the Commission to come up with a proposal to guarantee the absolute effective functional independence of national nuclear regulatory authorities from any body or institution promoting or operating nuclear power; |
| --- | --- |

27.

Asks the Commission to come up with a proposal to guarantee the absolute effective functional independence of national nuclear regulatory authorities from any body or institution promoting or operating nuclear power;

| 28. | Recognises the importance of implementing the recommendations in close cooperation with nuclear safety authorities, while assessing the extent to which the scope of the periodic safety review should be extended; reiterates the need for close crossborder cooperation and exchange of best practice on these matters, as well as for the coordination of information exchange; believes that, at the same time, crossborder safety and supervision guarantees must be ensured; considers that, in this respect, people living within 50 km of an NPP must be taken into account, and that where a majority of inhabitants in a neighbouring Member State are affected, the responsible authority of that Member State must be involved in all decisions too; |
| --- | --- |

28.

Recognises the importance of implementing the recommendations in close cooperation with nuclear safety authorities, while assessing the extent to which the scope of the periodic safety review should be extended; reiterates the need for close crossborder cooperation and exchange of best practice on these matters, as well as for the coordination of information exchange; believes that, at the same time, crossborder safety and supervision guarantees must be ensured; considers that, in this respect, people living within 50 km of an NPP must be taken into account, and that where a majority of inhabitants in a neighbouring Member State are affected, the responsible authority of that Member State must be involved in all decisions too;

| 29. | Considers that the Member States should, with the participation of the Community, promote suitable information and awareness-raising campaigns in order to inform citizens of the need for and benefits of stress tests; |
| --- | --- |

29.

Considers that the Member States should, with the participation of the Community, promote suitable information and awareness-raising campaigns in order to inform citizens of the need for and benefits of stress tests;

| 30. | Welcomes, in this context, the Commission’s intention to propose legislative and non-legislative instruments in the area of nuclear insurance and liability; recalls that nuclear civil liability is already subject to international conventions (Paris and Vienna); believes, however, that nuclear operators and waste licensees should be required to have all financial means in place, through insurance and other financial instruments, to enable them to fully cover all costs for which they are liable in respect of damage caused to people and the environment in the event of an accident; calls on the Commission, in this connection, to come forward with proposals on the matter by the end of 2013; |
| --- | --- |

30.

Welcomes, in this context, the Commission’s intention to propose legislative and non-legislative instruments in the area of nuclear insurance and liability; recalls that nuclear civil liability is already subject to international conventions (Paris and Vienna); believes, however, that nuclear operators and waste licensees should be required to have all financial means in place, through insurance and other financial instruments, to enable them to fully cover all costs for which they are liable in respect of damage caused to people and the environment in the event of an accident; calls on the Commission, in this connection, to come forward with proposals on the matter by the end of 2013;

| 31. | Calls on the EU and its Member States to treat nuclear power in the same way as any other energy source under the Treaty on the Functioning of the European Union, in the interests of democracy, involvement of the European Parliament, transparency and full public access to information; |
| --- | --- |

31.

Calls on the EU and its Member States to treat nuclear power in the same way as any other energy source under the Treaty on the Functioning of the European Union, in the interests of democracy, involvement of the European Parliament, transparency and full public access to information;

| 32. | Instructs its President to forward this resolution to the Commission, the Council, the European Council and the national parliaments. |
| --- | --- |

32.

Instructs its President to forward this resolution to the Commission, the Council, the European Council and the national parliaments.

---

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

(2)  OJ L 199, 2.8.2011, p. 48.

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| 29.1.2016 | EN | Official Journal of the European Union | C 36/81 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/81

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P7_TA(2013)0090

Strengthening the fight against racism, xenophobia and hate crime

European Parliament resolution of 14 March 2013 on strengthening the fight against racism, xenophobia and hate crime (2013/2543(RSP))

(2016/C 036/13)

The European Parliament,

| — | having regard to the international human rights instruments prohibiting discrimination, notably the UN Convention on the Elimination of All Forms of Racial Discrimination (UNCERD), |
| --- | --- |

—

having regard to the international human rights instruments prohibiting discrimination, notably the UN Convention on the Elimination of All Forms of Racial Discrimination (UNCERD),

| — | having regard to the European Convention on Human Rights, notably Article 14 thereof, |
| --- | --- |

—

having regard to the European Convention on Human Rights, notably Article 14 thereof,

| — | having regard to Article 21 of the Charter of Fundamental Rights, which prohibits any discrimination based on any grounds, such as race, ethnicity or language, religion or membership of a national minority, |
| --- | --- |

—

having regard to Article 21 of the Charter of Fundamental Rights, which prohibits any discrimination based on any grounds, such as race, ethnicity or language, religion or membership of a national minority,

| — | having regard to Article 2 of the Treaty on European Union (TEU), which states that 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. 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’, |
| --- | --- |

—

having regard to Article 2 of the Treaty on European Union (TEU), which states that 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. 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’,

| — | having regard to Article 10 of the Treaty on the Functioning of the European Union (TFEU), which states that ‘in defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation’, |
| --- | --- |

—

having regard to Article 10 of the Treaty on the Functioning of the European Union (TFEU), which states that ‘in defining and implementing its policies and activities, the Union shall aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation’,

| — | having regard to Article 19 TFEU, which gives the EU a political mandate to ‘take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation’, |
| --- | --- |

—

having regard to Article 19 TFEU, which gives the EU a political mandate to ‘take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation’,

| — | having regard to Article 67 TFEU, which states that the EU ‘shall endeavour to ensure a high level of security through measures to prevent and combat [...] racism and xenophobia’, |
| --- | --- |

—

having regard to Article 67 TFEU, which states that the EU ‘shall endeavour to ensure a high level of security through measures to prevent and combat [...] racism and xenophobia’,

| — | having regard to Article 83(2) TFEU, |
| --- | --- |

—

having regard to Article 83(2) TFEU,

| — | 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 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (2) (the Racial Equality Directive), |
| --- | --- |

—

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 (2) (the Racial Equality Directive),

| — | having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (3) (the Equal Treatment in Employment Directive), |
| --- | --- |

—

having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (3) (the Equal Treatment in Employment Directive),

| — | having regard to Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law (4) (the Framework Decision on Racism and Xenophobia), |
| --- | --- |

—

having regard to Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law (4) (the Framework Decision on Racism and Xenophobia),

| — | having regard to the EU Framework for National Roma Integration Strategies, |
| --- | --- |

—

having regard to the EU Framework for National Roma Integration Strategies,

| — | having regard to its previous resolutions on racism, xenophobia, anti-Semitism, religious intolerance, anti-Gypsyism, homophobia, transphobia, discrimination, bias violence and extremism, and its resolution of 22 May 2012 on an EU approach to criminal law (5), |
| --- | --- |

—

having regard to its previous resolutions on racism, xenophobia, anti-Semitism, religious intolerance, anti-Gypsyism, homophobia, transphobia, discrimination, bias violence and extremism, and its resolution of 22 May 2012 on an EU approach to criminal law (5),

| — | having regard to the Fundamental Rights Agency (FRA) and its work in the areas of non-discrimination, racism, xenophobia and related forms of intolerance and bias violence (6), |
| --- | --- |

—

having regard to the Fundamental Rights Agency (FRA) and its work in the areas of non-discrimination, racism, xenophobia and related forms of intolerance and bias violence (6),

| — | having regard to Rule 110(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) and (4) of its Rules of Procedure,

| A. | whereas the Irish Presidency launched a debate at the informal Justice and Home Affairs Council of 17—18 January 2013 on EU action to counter hate crime, racism, anti-Semitism, xenophobia and homophobia, and highlighted the fact that better protection and data collection are necessary, as well as a stronger commitment by leaders to ‘actively uphold European values and foster a climate of mutual respect for and inclusion of persons of different religious or ethnic background or sexual orientation’; |
| --- | --- |

A.

whereas the Irish Presidency launched a debate at the informal Justice and Home Affairs Council of 17—18 January 2013 on EU action to counter hate crime, racism, anti-Semitism, xenophobia and homophobia, and highlighted the fact that better protection and data collection are necessary, as well as a stronger commitment by leaders to ‘actively uphold European values and foster a climate of mutual respect for and inclusion of persons of different religious or ethnic background or sexual orientation’;

| B. | whereas the International Day for the Elimination of Racial Discrimination is observed annually on 21 March in response to the murder of 69 anti-apartheid demonstrators in South Africa in 1960; |
| --- | --- |

B.

whereas the International Day for the Elimination of Racial Discrimination is observed annually on 21 March in response to the murder of 69 anti-apartheid demonstrators in South Africa in 1960;

| C. | whereas it is essential to remember the massacres based on racism and xenophobia that have occurred in Europe’s history and to keep their memory alive; |
| --- | --- |

C.

whereas it is essential to remember the massacres based on racism and xenophobia that have occurred in Europe’s history and to keep their memory alive;

| D. | whereas the European Union is based on the common values of respect for democracy, human rights and the rule of law and is underpinned by greater promotion of tolerance; |
| --- | --- |

D.

whereas the European Union is based on the common values of respect for democracy, human rights and the rule of law and is underpinned by greater promotion of tolerance;

| E. | whereas racism, xenophobia, anti-Semitism, religious intolerance, anti-Gypsyism, homophobia, transphobia and related forms of intolerance involve beliefs, prejudices and attitudes that legitimise discrimination, bias violence and hatred on the basis of certain grounds, including characteristics and social status; |
| --- | --- |

E.

whereas racism, xenophobia, anti-Semitism, religious intolerance, anti-Gypsyism, homophobia, transphobia and related forms of intolerance involve beliefs, prejudices and attitudes that legitimise discrimination, bias violence and hatred on the basis of certain grounds, including characteristics and social status;

| F. | whereas, although all the Member States have introduced the prohibition of discrimination into their legal systems in order to promote equality for all, discrimination and hate crimes — i.e. violence and crimes motivated by racism, xenophobia, anti-Gypsyism, anti-Semitism or religious intolerance, or by a person’s sexual orientation, gender identity or membership of a minority group, or on the basis of the non-exhaustive grounds listed in Article 21 of the Charter of Fundamental Rights — are on the rise in the EU; |
| --- | --- |

F.

whereas, although all the Member States have introduced the prohibition of discrimination into their legal systems in order to promote equality for all, discrimination and hate crimes — i.e. violence and crimes motivated by racism, xenophobia, anti-Gypsyism, anti-Semitism or religious intolerance, or by a person’s sexual orientation, gender identity or membership of a minority group, or on the basis of the non-exhaustive grounds listed in Article 21 of the Charter of Fundamental Rights — are on the rise in the EU;

| G. | whereas the Fundamental Rights Agency (FRA) has reported that every fourth person from a minority group has experienced a racially-motivated crime and that up to 90 % of all assaults or threats experienced by migrants or members of ethnic minority groups are not reported to the police; whereas only four EU Member States collect or publish data on anti-Roma crime and only eight record crime motivated by the victim’s (perceived) sexual orientation; |
| --- | --- |

G.

whereas the Fundamental Rights Agency (FRA) has reported that every fourth person from a minority group has experienced a racially-motivated crime and that up to 90 % of all assaults or threats experienced by migrants or members of ethnic minority groups are not reported to the police; whereas only four EU Member States collect or publish data on anti-Roma crime and only eight record crime motivated by the victim’s (perceived) sexual orientation;

| H. | whereas it is important that the EU and its Member States take action to fight racism and xenophobia by preventing them through education, promoting a culture of respect and tolerance and ensuring that hate crimes are reported by victims, investigated by law enforcement authorities and sanctioned by the judicial system; |
| --- | --- |

H.

whereas it is important that the EU and its Member States take action to fight racism and xenophobia by preventing them through education, promoting a culture of respect and tolerance and ensuring that hate crimes are reported by victims, investigated by law enforcement authorities and sanctioned by the judicial system;

| I. | whereas the current economic crisis is challenging the principle of solidarity, and whereas the Member States must stay vigilant in times of economic crisis in order to prevent the temptations of growing intolerance and scapegoating; |
| --- | --- |

I.

whereas the current economic crisis is challenging the principle of solidarity, and whereas the Member States must stay vigilant in times of economic crisis in order to prevent the temptations of growing intolerance and scapegoating;

| J. | whereas the EU has adopted a series of instruments to combat such acts and discrimination, notably Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (the Racial Equality Directive), Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (the Equal Treatment in Employment Directive), Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law (the Framework Decision on Racism and Xenophobia), the EU Framework for National Roma Integration Strategies and Directive 2012/29/EU of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime; |
| --- | --- |

J.

whereas the EU has adopted a series of instruments to combat such acts and discrimination, notably Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (the Racial Equality Directive), Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (the Equal Treatment in Employment Directive), Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law (the Framework Decision on Racism and Xenophobia), the EU Framework for National Roma Integration Strategies and Directive 2012/29/EU of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime;

| K. | whereas the Commission proposal of 2008 for a Council directive on protecting equal treatment outside employment irrespective of religion or belief, disability, age or sexual orientation (the Equality Directive) has not been adopted by the Council after 5 years of debate, owing to staunch opposition by a few Member States; |
| --- | --- |

K.

whereas the Commission proposal of 2008 for a Council directive on protecting equal treatment outside employment irrespective of religion or belief, disability, age or sexual orientation (the Equality Directive) has not been adopted by the Council after 5 years of debate, owing to staunch opposition by a few Member States;

| L. | whereas Parliament has repeatedly called on the Commission, the Council and the Member States to strengthen the fight against violence and discrimination based on bias, including racism, xenophobia, anti-Semitism, religious intolerance, anti-Gypsyism, homophobia and transphobia; |
| --- | --- |

L.

whereas Parliament has repeatedly called on the Commission, the Council and the Member States to strengthen the fight against violence and discrimination based on bias, including racism, xenophobia, anti-Semitism, religious intolerance, anti-Gypsyism, homophobia and transphobia;

| M. | whereas the Commission recently warned about racist, extremist and populist political discourse, which may also inspire ‘lone wolves’ to carry out indiscriminate killings as the threat of violent extremism spreads; |
| --- | --- |

M.

whereas the Commission recently warned about racist, extremist and populist political discourse, which may also inspire ‘lone wolves’ to carry out indiscriminate killings as the threat of violent extremism spreads;

| N. | whereas all the states participating in the Organisation for Security and Cooperation in Europe (OSCE), including all the Member States, have acknowledged that hate crimes, defined as criminal offences committed with a bias motive, have to be tackled by means of criminal legislation and specific tailored policies; |
| --- | --- |

N.

whereas all the states participating in the Organisation for Security and Cooperation in Europe (OSCE), including all the Member States, have acknowledged that hate crimes, defined as criminal offences committed with a bias motive, have to be tackled by means of criminal legislation and specific tailored policies;

| 1. | Stresses that intolerance and discrimination of all kinds must never be accepted in the European Union; |
| --- | --- |

1.

Stresses that intolerance and discrimination of all kinds must never be accepted in the European Union;

| 2. | Calls on the Commission, the Council and the Member States to strengthen the fight against hate crime and discriminatory attitudes and behaviour; |
| --- | --- |

2.

Calls on the Commission, the Council and the Member States to strengthen the fight against hate crime and discriminatory attitudes and behaviour;

| 3. | Calls for a comprehensive strategy for fighting hate crime, bias violence and discrimination; |
| --- | --- |

3.

Calls for a comprehensive strategy for fighting hate crime, bias violence and discrimination;

| 4. | Stresses the importance of everyone being well aware of their rights in terms of protection against hate crimes, and calls on the Member States to take all appropriate measures to encourage the reporting of hate crimes and of every racist and xenophobic crime, and to ensure adequate protection for people who report crimes and for the victims of racist and xenophobic crime; |
| --- | --- |

4.

Stresses the importance of everyone being well aware of their rights in terms of protection against hate crimes, and calls on the Member States to take all appropriate measures to encourage the reporting of hate crimes and of every racist and xenophobic crime, and to ensure adequate protection for people who report crimes and for the victims of racist and xenophobic crime;

| 5. | Recalls its previous requests for a review of Council Framework Decision 2008/913/JHA, in particular as regards expressions and acts of anti-Semitism, religious intolerance, anti-Gypsyism, homophobia and transphobia; |
| --- | --- |

5.

Recalls its previous requests for a review of Council Framework Decision 2008/913/JHA, in particular as regards expressions and acts of anti-Semitism, religious intolerance, anti-Gypsyism, homophobia and transphobia;

| 6. | Calls on the Council and Member States to approve without further delay the Equality Directive, which represents one of the main EU instruments to promote and guarantee genuine equality in the EU and to combat bias and discrimination; |
| --- | --- |

6.

Calls on the Council and Member States to approve without further delay the Equality Directive, which represents one of the main EU instruments to promote and guarantee genuine equality in the EU and to combat bias and discrimination;

| 7. | Calls for measures to ensure the implementation of national Roma integration strategies through periodic reviews, monitoring and support to enable local, regional and national authorities to develop and implement effective human-rights-compliant policies, programmes and action for the inclusion of Roma, using available funds, including EU funds, while strictly monitoring respect for fundamental rights and the implementation of Directive 2004/38/EC on the right to move and reside freely; |
| --- | --- |

7.

Calls for measures to ensure the implementation of national Roma integration strategies through periodic reviews, monitoring and support to enable local, regional and national authorities to develop and implement effective human-rights-compliant policies, programmes and action for the inclusion of Roma, using available funds, including EU funds, while strictly monitoring respect for fundamental rights and the implementation of Directive 2004/38/EC on the right to move and reside freely;

| 8. | Calls for the implementation of Parliament’s repeated request for a roadmap for equality on grounds of sexual orientation and gender identity; |
| --- | --- |

8.

Calls for the implementation of Parliament’s repeated request for a roadmap for equality on grounds of sexual orientation and gender identity;

| 9. | Calls on the EU to sign the UNCERD, given that all the Member States have already ratified it; |
| --- | --- |

9.

Calls on the EU to sign the UNCERD, given that all the Member States have already ratified it;

| 10. | Calls for measures to ensure that all relevant EU criminal law instruments, including the Framework Decision, incorporate a broader spectrum of graduated sanctions, including, where appropriate, alternative penalties such as community service, while fully respecting fundamental rights, including the freedom of expression; |
| --- | --- |

10.

Calls for measures to ensure that all relevant EU criminal law instruments, including the Framework Decision, incorporate a broader spectrum of graduated sanctions, including, where appropriate, alternative penalties such as community service, while fully respecting fundamental rights, including the freedom of expression;

| 11. | Calls for the role of national authorities responsible for fighting discrimination to be strengthened in order to facilitate accountability for the promotion of hate speech and incitement of hate crime; |
| --- | --- |

11.

Calls for the role of national authorities responsible for fighting discrimination to be strengthened in order to facilitate accountability for the promotion of hate speech and incitement of hate crime;

| 12. | Calls for support for training programmes for law enforcement and judicial authorities, and for appropriate EU agencies, in preventing and tackling discriminatory practices and hate crimes; |
| --- | --- |

12.

Calls for support for training programmes for law enforcement and judicial authorities, and for appropriate EU agencies, in preventing and tackling discriminatory practices and hate crimes;

| 13. | Calls for the collection of broader, reliable data on hate crime, i.e. recording, as a minimum, the number of incidents reported by the public and recorded by the authorities, the number of convictions, the grounds on which offences were found to be discriminatory and the punishments imposed, as well as crime victimisation surveys on the nature and extent of unreported crimes, the experiences of crime victims with law enforcement, the reasons for non-reporting, and rights awareness among victims of hate crime; |
| --- | --- |

13.

Calls for the collection of broader, reliable data on hate crime, i.e. recording, as a minimum, the number of incidents reported by the public and recorded by the authorities, the number of convictions, the grounds on which offences were found to be discriminatory and the punishments imposed, as well as crime victimisation surveys on the nature and extent of unreported crimes, the experiences of crime victims with law enforcement, the reasons for non-reporting, and rights awareness among victims of hate crime;

| 14. | Calls for mechanisms to be put in place with a view to making hate crime visible in the EU, ensuring that bias-motivated offences are punishable, and as such are recorded properly and investigated effectively, that offenders are prosecuted and punished and that victims are offered proper assistance, protection and compensation, thus encouraging victims of hate crime and witnesses to report incidents; |
| --- | --- |

14.

Calls for mechanisms to be put in place with a view to making hate crime visible in the EU, ensuring that bias-motivated offences are punishable, and as such are recorded properly and investigated effectively, that offenders are prosecuted and punished and that victims are offered proper assistance, protection and compensation, thus encouraging victims of hate crime and witnesses to report incidents;

| 15. | Instructs its President to forward this resolution to the President of the European Council, the Council, the Commission and the parliaments and governments of the Member States. |
| --- | --- |

15.

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

---

(1)  OJ L 315, 14.11.2012, p. 57.

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

(3)  OJ L 303, 2.12.2000, p. 16.

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

(5)  Texts adopted, P7_TA(2012)0208.

(6)  For example: ‘Making hate crime visible in the European Union: acknowledging victims’ rights’, http://fra.europa.eu/sites/default/files/fra-2012_hate-crime.pdf

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/85 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/85

---

P7_TA(2013)0091

Protection of public health from endocrine disrupters

European Parliament resolution of 14 March 2013 on the protection of public health from endocrine disrupters (2012/2066(INI))

(2016/C 036/14)

The European Parliament,

| — | 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 (1) (‘the REACH Regulation’), |
| --- | --- |

—

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 (1) (‘the REACH Regulation’),

| — | having regard to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (2), |
| --- | --- |

—

having regard to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (2),

| — | 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 (3), |
| --- | --- |

—

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 (3),

| — | having regard to 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 (4), |
| --- | --- |

—

having regard to 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 (4),

| — | 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 (5) (‘the WFD’), |
| --- | --- |

—

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 (5) (‘the WFD’),

| — | having regard to Directive No 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 (6), |
| --- | --- |

—

having regard to Directive No 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 (6),

| — | having regard to Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (7), |
| --- | --- |

—

having regard to Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (7),

| — | having regard to the Commission proposal for a directive of the European Parliament and of the Council amending Directives 2000/60/EC and 2008/105/EC as regard priority substances in the field of water policy, |
| --- | --- |

—

having regard to the Commission proposal for a directive of the European Parliament and of the Council amending Directives 2000/60/EC and 2008/105/EC as regard priority substances in the field of water policy,

| — | having regard to the OECD conceptual framework for testing and assessment of endocrine disrupters, |
| --- | --- |

—

having regard to the OECD conceptual framework for testing and assessment of endocrine disrupters,

| — | having regard to the draft guidance document on standardised test guidelines for evaluating chemicals for endocrine disruptions (2011), |
| --- | --- |

—

having regard to the draft guidance document on standardised test guidelines for evaluating chemicals for endocrine disruptions (2011),

| — | having regard to the draft detailed review paper entitled ‘State of the sciences on novel in vitro and in vivo screening and testing methods and endpoints for evaluating endocrine disruptors’, |
| --- | --- |

—

having regard to the draft detailed review paper entitled ‘State of the sciences on novel in vitro and in vivo screening and testing methods and endpoints for evaluating endocrine disruptors’,

| — | having regard to the upcoming Commission proposal on a ‘Blueprint to safeguard Europe’s water resources’, |
| --- | --- |

—

having regard to the upcoming Commission proposal on a ‘Blueprint to safeguard Europe’s water resources’,

| — | having regard to the Commission Staff working paper on ‘The implementation of the “Community Strategy for Endocrine Disrupters” — a range of substances suspected of interfering with the hormone systems of humans and wildlife’ (COM(1999)0706), (COM (2001)0262 and (SEC(2004)1372), |
| --- | --- |

—

having regard to the Commission Staff working paper on ‘The implementation of the “Community Strategy for Endocrine Disrupters” — a range of substances suspected of interfering with the hormone systems of humans and wildlife’ (COM(1999)0706), (COM (2001)0262 and (SEC(2004)1372),

| — | having regard to the Commission Staff working paper ‘4th Report on the implementation of the “Community Strategy for Endocrine Disrupters” — a range of substances suspected of interfering with the hormone systems of humans and wildlife’ (COM(1999)0706), (SEC(2011)1001), |
| --- | --- |

—

having regard to the Commission Staff working paper ‘4th Report on the implementation of the “Community Strategy for Endocrine Disrupters” — a range of substances suspected of interfering with the hormone systems of humans and wildlife’ (COM(1999)0706), (SEC(2011)1001),

| — | Having regard to the European Environment and Health Strategy and the EU Action Plan on Environment and Health (2004-2010), which, inter alia, recognise a need to take into account combined exposure of chemicals in risk assessments, |
| --- | --- |

—

Having regard to the European Environment and Health Strategy and the EU Action Plan on Environment and Health (2004-2010), which, inter alia, recognise a need to take into account combined exposure of chemicals in risk assessments,

| — | having regard to the Commission’s communication to the Council on the precautionary principle (COM(2000)0001), |
| --- | --- |

—

having regard to the Commission’s communication to the Council on the precautionary principle (COM(2000)0001),

| — | having regard to EEA Technical Report No 2/2012 ‘The impacts of endocrine disrupters on wildlife, people and their environments’, |
| --- | --- |

—

having regard to EEA Technical Report No 2/2012 ‘The impacts of endocrine disrupters on wildlife, people and their environments’,

| — | having regard to its resolution of 20 October 1998 on endocrine-disrupting chemicals (8), |
| --- | --- |

—

having regard to its resolution of 20 October 1998 on endocrine-disrupting chemicals (8),

| — | having regard to its resolution of 6 May 2010 on the Commission communication entitled ‘Action against cancer: European partnership’ (9), |
| --- | --- |

—

having regard to its resolution of 6 May 2010 on the Commission communication entitled ‘Action against cancer: European partnership’ (9),

| — | having regard to its resolution of 20 April 2012 on the review of the 6th Environment Action Programme and the setting of priorities for the 7th Environment Action Programme — A better environment for a better life (10), |
| --- | --- |

—

having regard to its resolution of 20 April 2012 on the review of the 6th Environment Action Programme and the setting of priorities for the 7th Environment Action Programme — A better environment for a better life (10),

| — | having regard to the ‘Study on the scientific evaluation of 12 substances in the context of the endocrine disrupter priority list of actions’, |
| --- | --- |

—

having regard to the ‘Study on the scientific evaluation of 12 substances in the context of the endocrine disrupter priority list of actions’,

| — | having regard to the Study of DHI Water and Environment on enhancing the endocrine disrupter priority list with a focus on low-production-volume chemicals, |
| --- | --- |

—

having regard to the Study of DHI Water and Environment on enhancing the endocrine disrupter priority list with a focus on low-production-volume chemicals,

| — | having regard to the ‘State-of-the-art assessment of endocrine disrupters’, Project Contract Number 070307/2009/550687/SER/D3, |
| --- | --- |

—

having regard to the ‘State-of-the-art assessment of endocrine disrupters’, Project Contract Number 070307/2009/550687/SER/D3,

| — | having regard to ‘The impacts of endocrine disrupters on wildlife, people and their environments’, the Weybridge+15 (1996–2011) report (ISSN 1725-2237), |
| --- | --- |

—

having regard to ‘The impacts of endocrine disrupters on wildlife, people and their environments’, the Weybridge+15 (1996–2011) report (ISSN 1725-2237),

| — | having regard to Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes, |
| --- | --- |

—

having regard to Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes,

| — | having regard to the definition for endocrine disrupting chemicals developed by the World Health Organisation (WHO) and the International Programme on Chemical Safety (IPCS) (11), |
| --- | --- |

—

having regard to the definition for endocrine disrupting chemicals developed by the World Health Organisation (WHO) and the International Programme on Chemical Safety (IPCS) (11),

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0027/2013), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0027/2013),

| A. | whereas hormone-related disorders and illnesses in humans have increased over the last 20 years, including impaired sperm quality, early onset of puberty, increased incidence of deformed sexual organs, increased incidence of certain forms of cancer, and metabolic diseases; whereas certain neurological disorders and neurodegenerative diseases, impacts on neurodevelopmental functions, the immune system or epigenetics, might be linked to exposure to chemical substances with endocrine-disrupting properties; whereas further research is needed to obtain a better understanding of the causes of such diseases; |
| --- | --- |

A.

whereas hormone-related disorders and illnesses in humans have increased over the last 20 years, including impaired sperm quality, early onset of puberty, increased incidence of deformed sexual organs, increased incidence of certain forms of cancer, and metabolic diseases; whereas certain neurological disorders and neurodegenerative diseases, impacts on neurodevelopmental functions, the immune system or epigenetics, might be linked to exposure to chemical substances with endocrine-disrupting properties; whereas further research is needed to obtain a better understanding of the causes of such diseases;

| B. | whereas chemical substances acting as endocrine disrupters can have oestrogenic or anti-oestrogenic effects which interfere with the function of the female reproductive system, altering hormone concentrations and menstrual cycles of women, as well as their fertility, favouring the development of uterine diseases, such as fibroids and endometriosis, and affecting breast growth and lactation; whereas such substances have been identified as risk factors responsible for premature puberty in girls, breast cancer, miscarriage and impaired fertility or infertility; |
| --- | --- |

B.

whereas chemical substances acting as endocrine disrupters can have oestrogenic or anti-oestrogenic effects which interfere with the function of the female reproductive system, altering hormone concentrations and menstrual cycles of women, as well as their fertility, favouring the development of uterine diseases, such as fibroids and endometriosis, and affecting breast growth and lactation; whereas such substances have been identified as risk factors responsible for premature puberty in girls, breast cancer, miscarriage and impaired fertility or infertility;

| C. | whereas an increasing number of scientific studies have suggested that endocrine disrupting chemicals, particularly in combination, play a role in both chronic diseases, including hormone related cancers, obesity, diabetes, cardiovascular disease and also in reproductive problems; |
| --- | --- |

C.

whereas an increasing number of scientific studies have suggested that endocrine disrupting chemicals, particularly in combination, play a role in both chronic diseases, including hormone related cancers, obesity, diabetes, cardiovascular disease and also in reproductive problems;

| D. | whereas there is now significant scientific evidence that hormone-related disorders in wildlife — including reproductive abnormalities, the masculinisation of gastropods, the feminisation of fish or the decline of many mollusc populations in various parts of the world — are linked to the impact of chemicals with endocrine-disrupting properties; |
| --- | --- |

D.

whereas there is now significant scientific evidence that hormone-related disorders in wildlife — including reproductive abnormalities, the masculinisation of gastropods, the feminisation of fish or the decline of many mollusc populations in various parts of the world — are linked to the impact of chemicals with endocrine-disrupting properties;

| E. | whereas there are many possible causes for the growing frequency of hormone-related disorders in humans; whereas there is now significant scientific evidence that this is partly due to the impact of chemicals with endocrine-disrupting properties; |
| --- | --- |

E.

whereas there are many possible causes for the growing frequency of hormone-related disorders in humans; whereas there is now significant scientific evidence that this is partly due to the impact of chemicals with endocrine-disrupting properties;

| F. | whereas there are major difficulties in proving the causal link between exposure to individual chemicals and disruption of the hormonal balance with risk of health impacts; |
| --- | --- |

F.

whereas there are major difficulties in proving the causal link between exposure to individual chemicals and disruption of the hormonal balance with risk of health impacts;

| G. | whereas, in the case of chemicals with endocrine-disrupting properties, the difficulties of proving a causal link are exacerbated by a number of factors, such as that:






  — | a long time may elapse between exposure and the epigenetic effects, and endocrine disrupters can have a detrimental effect several generations into the future; |
| --- | --- | --- |

G.

whereas, in the case of chemicals with endocrine-disrupting properties, the difficulties of proving a causal link are exacerbated by a number of factors, such as that:

—

a long time may elapse between exposure and the epigenetic effects, and endocrine disrupters can have a detrimental effect several generations into the future;

| — | the risk of a negative impact varies in magnitude at different stages of development, and critical windows, e.g. during foetal development, may be very short; |
| --- | --- |

—

the risk of a negative impact varies in magnitude at different stages of development, and critical windows, e.g. during foetal development, may be very short;

| — | during their lives, people are exposed to a large number of chemicals in complex mixtures; |
| --- | --- |

—

during their lives, people are exposed to a large number of chemicals in complex mixtures;

| — | endocrine disrupters can interact with each other and with the body’s own endocrine system; |
| --- | --- |

—

endocrine disrupters can interact with each other and with the body’s own endocrine system;

| — | endocrine disrupters can act at extremely low concentrations and thus cause adverse effects at a low dosage; where the dose-response relationship is non-monotonic, the difficulty of prediction increases still further; |
| --- | --- |

—

endocrine disrupters can act at extremely low concentrations and thus cause adverse effects at a low dosage; where the dose-response relationship is non-monotonic, the difficulty of prediction increases still further;

| — | our knowledge of human and animal endocrine systems is still limited; |
| --- | --- |

—

our knowledge of human and animal endocrine systems is still limited;

| H. | whereas EU legislation contains legal provisions concerning endocrine disrupters, but lacks criteria for determining whether a substance should be regarded as having endocrine-disrupting properties, which undermines proper application of the legal provisions; whereas a timetable should be set up to ensure the swift application of the future criteria; |
| --- | --- |

H.

whereas EU legislation contains legal provisions concerning endocrine disrupters, but lacks criteria for determining whether a substance should be regarded as having endocrine-disrupting properties, which undermines proper application of the legal provisions; whereas a timetable should be set up to ensure the swift application of the future criteria;

| I. | whereas, at EU level, there are no coordinated or combined monitoring programmes specifically dedicated to endocrine disrupters; |
| --- | --- |

I.

whereas, at EU level, there are no coordinated or combined monitoring programmes specifically dedicated to endocrine disrupters;

| J. | whereas there is little if any co-ordination regarding the way that data are collected, managed, assessed and reported across the different monitoring programmes; |
| --- | --- |

J.

whereas there is little if any co-ordination regarding the way that data are collected, managed, assessed and reported across the different monitoring programmes;

| K. | whereas, as things stand at present, it is not legally possible to consider combination effects between endocrine disrupters released by products governed by different sets of regulations; |
| --- | --- |

K.

whereas, as things stand at present, it is not legally possible to consider combination effects between endocrine disrupters released by products governed by different sets of regulations;

| L. | whereas the standard data requirements in EU chemicals legislation are insufficient to identify endocrine-disrupting properties in an adequate manner; |
| --- | --- |

L.

whereas the standard data requirements in EU chemicals legislation are insufficient to identify endocrine-disrupting properties in an adequate manner;

| M. | Whereas a number of EU laws are aimed at protecting citizens from exposure to harmful chemicals; whereas current EU legislation, however, assesses each exposure individually and does not provide for a comprehensive, integrated assessment of cumulative effects that takes into account different routes of exposure or different product types; |
| --- | --- |

M.

Whereas a number of EU laws are aimed at protecting citizens from exposure to harmful chemicals; whereas current EU legislation, however, assesses each exposure individually and does not provide for a comprehensive, integrated assessment of cumulative effects that takes into account different routes of exposure or different product types;

| 1. | Considers, on the basis of an overall assessment of the state of knowledge, that the precautionary principle, in accordance with Article 192(2) of the Treaty on the Functioning of the EU (TFEU), requires the Commission and the legislators to take adequate measures to reduce short- and long-term exposure of humans to endocrine disrupters where necessary, while undertaking a much greater research effort to improve the state of the scientific knowledge on the impact of endocrine disrupters on human health; |
| --- | --- |

1.

Considers, on the basis of an overall assessment of the state of knowledge, that the precautionary principle, in accordance with Article 192(2) of the Treaty on the Functioning of the EU (TFEU), requires the Commission and the legislators to take adequate measures to reduce short- and long-term exposure of humans to endocrine disrupters where necessary, while undertaking a much greater research effort to improve the state of the scientific knowledge on the impact of endocrine disrupters on human health;

| 2. | Points out that the precautionary principle applies in a world of scientific uncertainty, in which a risk can be characterised only on the basis of imperfect knowledge — neither set in stone nor beyond challenge — but in which it is necessary to act in order to avert or reduce potentially serious or irreversible consequences for human health and/or the environment; |
| --- | --- |

2.

Points out that the precautionary principle applies in a world of scientific uncertainty, in which a risk can be characterised only on the basis of imperfect knowledge — neither set in stone nor beyond challenge — but in which it is necessary to act in order to avert or reduce potentially serious or irreversible consequences for human health and/or the environment;

| 3. | Takes the view that where adverse effects of endocrine disrupting substances can reasonably be presumed, measures to protect human health have to be implemented; stresses, moreover, given the potential of endocrine disrupting substances to cause harmful or irreversible effects, that the absence of precise knowledge, including final proof of causal links, should not prevent health protection measures to be taken in line with the precautionary principle, keeping in mind the principle of proportionality; |
| --- | --- |

3.

Takes the view that where adverse effects of endocrine disrupting substances can reasonably be presumed, measures to protect human health have to be implemented; stresses, moreover, given the potential of endocrine disrupting substances to cause harmful or irreversible effects, that the absence of precise knowledge, including final proof of causal links, should not prevent health protection measures to be taken in line with the precautionary principle, keeping in mind the principle of proportionality;

| 4. | Considers that protecting women from potential risks of endocrine disrupters for their reproductive health is of utmost importance; calls, therefore, on the Commission to prioritise research funding to study the effects of hormone disrupters on women’s health, and to support long-term studies monitoring women’s health over large spans of their lives, thus allowing an evidence-based assessment of the long-term and multi-generational effects of exposure to endocrine disrupters; |
| --- | --- |

4.

Considers that protecting women from potential risks of endocrine disrupters for their reproductive health is of utmost importance; calls, therefore, on the Commission to prioritise research funding to study the effects of hormone disrupters on women’s health, and to support long-term studies monitoring women’s health over large spans of their lives, thus allowing an evidence-based assessment of the long-term and multi-generational effects of exposure to endocrine disrupters;

| 5. | Calls, therefore, on the Commission to submit, as soon as possible, proposals for overarching criteria based on the definition of endocrine disrupters prepared by the World Health Organisation’s International Programme on Chemical Safety (WHO/IPCS), together with testing and information requirements for chemicals on the commercial market, and for EU legislation to make clear what is regarded as a substance with endocrine-disrupting properties; advocates considering the introduction of ‘endocrine disrupter’ as a regulatory class, with different categories based on the strength of evidence; |
| --- | --- |

5.

Calls, therefore, on the Commission to submit, as soon as possible, proposals for overarching criteria based on the definition of endocrine disrupters prepared by the World Health Organisation’s International Programme on Chemical Safety (WHO/IPCS), together with testing and information requirements for chemicals on the commercial market, and for EU legislation to make clear what is regarded as a substance with endocrine-disrupting properties; advocates considering the introduction of ‘endocrine disrupter’ as a regulatory class, with different categories based on the strength of evidence;

| 6. | Stresses that it is essential to base the criteria for determining endocrine disrupting properties on a comprehensive hazard assessment carried out on the basis of state-of-the-art science, taking into account potential combination effects as well as long-term effects and effects during critical windows of development; the hazard assessment should then be utilized in the risk assessment and risk management procedures as prescribed in various relevant legislation; |
| --- | --- |

6.

Stresses that it is essential to base the criteria for determining endocrine disrupting properties on a comprehensive hazard assessment carried out on the basis of state-of-the-art science, taking into account potential combination effects as well as long-term effects and effects during critical windows of development; the hazard assessment should then be utilized in the risk assessment and risk management procedures as prescribed in various relevant legislation;

| 7. | Calls on the Commission to take further action in the field of chemicals policy and step up research that provides both for the assessment of the endocrine disrupting potential of individual chemicals as well as the possibility to assess the cumulative impact of identified combinations of substances on the endocrine system; |
| --- | --- |

7.

Calls on the Commission to take further action in the field of chemicals policy and step up research that provides both for the assessment of the endocrine disrupting potential of individual chemicals as well as the possibility to assess the cumulative impact of identified combinations of substances on the endocrine system;

| 8. | Takes the view that the criteria for defining endocrine disrupters should be based on criteria for defining ‘adverse effect’ and ‘endocrine mode of action’; the WHO/IPCS definition being the appropriate basis for that purpose; considers that both ‘adverse effect’ and ‘endocrine mode of action’ must be examined and weighed up in parallel in a comprehensive assessment; considers that observed effects should be assumed to be harmful if there is scientific data to indicate this; stresses that any possible combination effects, such as mixtures or cocktail effects, should be taken into consideration; |
| --- | --- |

8.

Takes the view that the criteria for defining endocrine disrupters should be based on criteria for defining ‘adverse effect’ and ‘endocrine mode of action’; the WHO/IPCS definition being the appropriate basis for that purpose; considers that both ‘adverse effect’ and ‘endocrine mode of action’ must be examined and weighed up in parallel in a comprehensive assessment; considers that observed effects should be assumed to be harmful if there is scientific data to indicate this; stresses that any possible combination effects, such as mixtures or cocktail effects, should be taken into consideration;

| 9. | Stresses that the criteria determining what constitutes an endocrine disrupter must be scientifically based and horizontal; considers that a weight-of-evidence approach should be used and that no single criterion should be seen as cut-off or decisive for the identification of an endocrine disrupter; considers that a socio-economic assessment should then be carried out in accordance with the relevant legislation; |
| --- | --- |

9.

Stresses that the criteria determining what constitutes an endocrine disrupter must be scientifically based and horizontal; considers that a weight-of-evidence approach should be used and that no single criterion should be seen as cut-off or decisive for the identification of an endocrine disrupter; considers that a socio-economic assessment should then be carried out in accordance with the relevant legislation;

| 10. | Takes the view that all peer-reviewed scientific data and information, including a review of the scientific literature and non-GLP studies, should be taken into account, subject to their strengths and weaknesses, in assessing whether a substance does or does not have endocrine-disrupting properties; further considers it important to take account of modern methods and up-to-date research; |
| --- | --- |

10.

Takes the view that all peer-reviewed scientific data and information, including a review of the scientific literature and non-GLP studies, should be taken into account, subject to their strengths and weaknesses, in assessing whether a substance does or does not have endocrine-disrupting properties; further considers it important to take account of modern methods and up-to-date research;

| 11. | Calls on the Commission to introduce in all relevant EU legislation appropriate testing requirements for the identification of substances with endocrine-disrupting properties; considers that the most recently validated and internationally recognised testing methods — such as those developed by the OECD, the European Union Reference Laboratory for Alternatives to Animal Testing (EURL ECVAM) or the US Environmental protection Agency (EPA) Endocrine Disruptor Screening Program — must be implemented; notes that the OECD programme of testing methods covers sex hormones and thyroid hormones as well as steroidogenesis; points out, on the other hand, that there are no tests for many other areas of the endocrine system, e.g. insulin and growth hormones; considers that testing methods and guidance documents should be developed so as to take better account of endocrine disrupters, possible low-dose effects, combination effects and non-monotonic dose-response relationships, in particular with regard to critical windows of exposure during development; |
| --- | --- |

11.

Calls on the Commission to introduce in all relevant EU legislation appropriate testing requirements for the identification of substances with endocrine-disrupting properties; considers that the most recently validated and internationally recognised testing methods — such as those developed by the OECD, the European Union Reference Laboratory for Alternatives to Animal Testing (EURL ECVAM) or the US Environmental protection Agency (EPA) Endocrine Disruptor Screening Program — must be implemented; notes that the OECD programme of testing methods covers sex hormones and thyroid hormones as well as steroidogenesis; points out, on the other hand, that there are no tests for many other areas of the endocrine system, e.g. insulin and growth hormones; considers that testing methods and guidance documents should be developed so as to take better account of endocrine disrupters, possible low-dose effects, combination effects and non-monotonic dose-response relationships, in particular with regard to critical windows of exposure during development;

| 12. | The development of non-animal test methods should be promoted in order to produce safety data relevant to humans and to replace animal studies currently in use; |
| --- | --- |

12.

The development of non-animal test methods should be promoted in order to produce safety data relevant to humans and to replace animal studies currently in use;

| 13. | Believes that the use of non-animal test methods and other risk assessment strategies should be promoted, and that animal testing should be minimised and tests on vertebrates should be undertaken as a last resort; recalls that, in accordance with Directive 2010/63/EU, tests on vertebrate animals must be replaced, restricted or refined; calls, therefore, on the Commission to lay down rules to avoid duplicative testing and to ensure that duplication of tests and studies on vertebrates is prohibited; |
| --- | --- |

13.

Believes that the use of non-animal test methods and other risk assessment strategies should be promoted, and that animal testing should be minimised and tests on vertebrates should be undertaken as a last resort; recalls that, in accordance with Directive 2010/63/EU, tests on vertebrate animals must be replaced, restricted or refined; calls, therefore, on the Commission to lay down rules to avoid duplicative testing and to ensure that duplication of tests and studies on vertebrates is prohibited;

| 14. | Invites the Commission and the Member States to develop registers of reproductive health disorders to fill the existing data gap at EU level; |
| --- | --- |

14.

Invites the Commission and the Member States to develop registers of reproductive health disorders to fill the existing data gap at EU level;

| 15. | Invites the Commission and the Member States to develop reliable data on the socio-economic impacts of hormone-related disorders and illnesses; |
| --- | --- |

15.

Invites the Commission and the Member States to develop reliable data on the socio-economic impacts of hormone-related disorders and illnesses;

| 16. | Considers that it should be possible for decision-making bodies to deal with substances having the same modes of action and properties on a group basis when sufficient data is available, while in the absence of sufficient data it may be useful to group substances on the basis of structural similarity, for example in order to establish priorities for further testing, in order to protect the public as quickly and effectively as possible from the effects of exposure to endocrine disrupters, and limiting the number of animal tests; takes the view that grouping chemicals with structural similarity should be applied if the manufacturer or importer is unable to demonstrate the safety of a chemical to the satisfaction of the relevant decision making bodies; points out that, in such cases, these bodies may use information from chemicals of similar structure to complement the available data on a given chemical that is being considered by the bodies in order to reach conclusions regarding which subsequent steps need to be taken; |
| --- | --- |

16.

Considers that it should be possible for decision-making bodies to deal with substances having the same modes of action and properties on a group basis when sufficient data is available, while in the absence of sufficient data it may be useful to group substances on the basis of structural similarity, for example in order to establish priorities for further testing, in order to protect the public as quickly and effectively as possible from the effects of exposure to endocrine disrupters, and limiting the number of animal tests; takes the view that grouping chemicals with structural similarity should be applied if the manufacturer or importer is unable to demonstrate the safety of a chemical to the satisfaction of the relevant decision making bodies; points out that, in such cases, these bodies may use information from chemicals of similar structure to complement the available data on a given chemical that is being considered by the bodies in order to reach conclusions regarding which subsequent steps need to be taken;

| 17. | Calls on the Commission to revise its EU strategy on endocrine disrupters so that it delivers effective protection of human health by placing greater emphasis on the precautionary principle, while observing the proportionality principle, to work towards reducing human exposure to endocrine disrupters where necessary; |
| --- | --- |

17.

Calls on the Commission to revise its EU strategy on endocrine disrupters so that it delivers effective protection of human health by placing greater emphasis on the precautionary principle, while observing the proportionality principle, to work towards reducing human exposure to endocrine disrupters where necessary;

| 18. | Urges the Commission and the Member States to take greater account of the fact that consumers need to have reliable information — presented in an appropriate form and in a language that they can understand — about the dangers of endocrine disrupters, their effects, and possible ways of protecting themselves; |
| --- | --- |

18.

Urges the Commission and the Member States to take greater account of the fact that consumers need to have reliable information — presented in an appropriate form and in a language that they can understand — about the dangers of endocrine disrupters, their effects, and possible ways of protecting themselves;

| 19. | Calls on the Commission to put forward a concrete timetable for applying the future criteria and modified testing requirements for endocrine disrupters in relevant legislation, including reviews of the approval of active substances used in pesticides and biocides, and a roadmap with specific actions and targets to reduce exposure to endocrine disrupters; |
| --- | --- |

19.

Calls on the Commission to put forward a concrete timetable for applying the future criteria and modified testing requirements for endocrine disrupters in relevant legislation, including reviews of the approval of active substances used in pesticides and biocides, and a roadmap with specific actions and targets to reduce exposure to endocrine disrupters;

| 20. | Considers that the database on hormonally active substances, developed as part of the current strategy, should be continually updated; |
| --- | --- |

20.

Considers that the database on hormonally active substances, developed as part of the current strategy, should be continually updated;

| 21. | Calls on the Commission, as part of its current review of the 1999 Community strategy on endocrine disrupters, to carry out a systematic examination of all relevant current legislation and, where necessary no later than 1st of June 2015, to amend existing legislation or to come forward with new legislative proposals, including hazard and risk assessments, so as to reduce the exposure of humans — in particular vulnerable groups such as pregnant women, babies, children and teenagers — to hormone disrupters as appropriate; |
| --- | --- |

21.

Calls on the Commission, as part of its current review of the 1999 Community strategy on endocrine disrupters, to carry out a systematic examination of all relevant current legislation and, where necessary no later than 1st of June 2015, to amend existing legislation or to come forward with new legislative proposals, including hazard and risk assessments, so as to reduce the exposure of humans — in particular vulnerable groups such as pregnant women, babies, children and teenagers — to hormone disrupters as appropriate;

| 22. | Calls on the Commission, when carrying out its future review of EU strategy on endocrine disrupters, to lay down an exact timetable, specifying the intermediate stages, for the purposes of:






  — | applying the future criteria serving to identify possible endocrine-disrupting chemicals; |
| --- | --- | --- |

22.

Calls on the Commission, when carrying out its future review of EU strategy on endocrine disrupters, to lay down an exact timetable, specifying the intermediate stages, for the purposes of:

—

applying the future criteria serving to identify possible endocrine-disrupting chemicals;

| — | reviewing the relevant legislation referred to in paragraph 22; |
| --- | --- |

—

reviewing the relevant legislation referred to in paragraph 22;

| — | publishing a regularly updated list of priority endocrine disrupters, the first version of which should be published by 20 December 2014; |
| --- | --- |

—

publishing a regularly updated list of priority endocrine disrupters, the first version of which should be published by 20 December 2014;

| — | taking all measures necessary to reduce the exposure of the EU public and the environment to endocrine disrupters; |
| --- | --- |

—

taking all measures necessary to reduce the exposure of the EU public and the environment to endocrine disrupters;

| 23. | Takes the view that endocrine disrupters should be regarded as Substances of Very High Concern within the meaning of the Reach Regulation, or the equivalent under other legislation; |
| --- | --- |

23.

Takes the view that endocrine disrupters should be regarded as Substances of Very High Concern within the meaning of the Reach Regulation, or the equivalent under other legislation;

| 24. | Stresses that current science does not provide sufficient basis for setting a limit value below which adverse effects do not occur, and endocrine disrupters should therefore be regarded as ‘non-threshold’ substances, and that any exposure to such substances may entail a risk, unless the manufacturer can show scientific proof that a threshold can be identified, taking into account increased sensitivities during critical windows of development, and the effects of mixtures; |
| --- | --- |

24.

Stresses that current science does not provide sufficient basis for setting a limit value below which adverse effects do not occur, and endocrine disrupters should therefore be regarded as ‘non-threshold’ substances, and that any exposure to such substances may entail a risk, unless the manufacturer can show scientific proof that a threshold can be identified, taking into account increased sensitivities during critical windows of development, and the effects of mixtures;

| 25. | Calls on the Commission to support targeted research projects on substances likely to affect the endocrine system and to emphasise the adverse effects at low concentrations or through combined exposure, including the development of new testing and analysis methods, as well as supporting a new paradigm shift based on pathways of toxicity/adverse outcome pathways; calls on the Commission to incorporate endocrine disrupters, their combination effects, and related subjects in the priorities for the research and development framework programme; |
| --- | --- |

25.

Calls on the Commission to support targeted research projects on substances likely to affect the endocrine system and to emphasise the adverse effects at low concentrations or through combined exposure, including the development of new testing and analysis methods, as well as supporting a new paradigm shift based on pathways of toxicity/adverse outcome pathways; calls on the Commission to incorporate endocrine disrupters, their combination effects, and related subjects in the priorities for the research and development framework programme;

| 26. | Calls on the Commission to develop in vitro and in silico methods in order to minimise animal testing for endocrine disrupters screening; |
| --- | --- |

26.

Calls on the Commission to develop in vitro and in silico methods in order to minimise animal testing for endocrine disrupters screening;

| 27. | Calls on the Commission to require all products imported from third countries to comply with all present and future EU legislation on endocrine disrupters; |
| --- | --- |

27.

Calls on the Commission to require all products imported from third countries to comply with all present and future EU legislation on endocrine disrupters;

| 28. | Calls on the Commission to include all relevant stakeholders in cooperation efforts to introduce the necessary legislative changes, in order to improve protection of human health from hormone-disrupting chemicals, and to devise information campaigns; |
| --- | --- |

28.

Calls on the Commission to include all relevant stakeholders in cooperation efforts to introduce the necessary legislative changes, in order to improve protection of human health from hormone-disrupting chemicals, and to devise information campaigns;

| 29. | Calls on the Commission to consider the possibility of establishing a research centre for endocrine disrupters which should research in and coordinate knowledge on endocrine disrupters at EU level; |
| --- | --- |

29.

Calls on the Commission to consider the possibility of establishing a research centre for endocrine disrupters which should research in and coordinate knowledge on endocrine disrupters at EU level;

| 30. | Calls on the Commission to ensure that all relevant current and future legislation applies horizontally the criteria for identifying known, probable and potential endocrine disrupters, so as to achieve a high level of protection; |
| --- | --- |

30.

Calls on the Commission to ensure that all relevant current and future legislation applies horizontally the criteria for identifying known, probable and potential endocrine disrupters, so as to achieve a high level of protection;

| 31. | Stresses that while this resolution is limited to addressing the protection of human health from endocrine disrupters, it is equally important to take decisive action to protect wildlife and the environment from endocrine disrupters; |
| --- | --- |

31.

Stresses that while this resolution is limited to addressing the protection of human health from endocrine disrupters, it is equally important to take decisive action to protect wildlife and the environment from endocrine disrupters;

| 32. | Urges the Commission to promote and finance public information programmes on the health risks of endocrine disrupters, so as to allow consumers, in full knowledge of the facts, to adapt their behaviour and lifestyles; these information programmes should, in particular, focus on the most vulnerable groups (pregnant women and children), so that precautionary measures can be taken in good time; |
| --- | --- |

32.

Urges the Commission to promote and finance public information programmes on the health risks of endocrine disrupters, so as to allow consumers, in full knowledge of the facts, to adapt their behaviour and lifestyles; these information programmes should, in particular, focus on the most vulnerable groups (pregnant women and children), so that precautionary measures can be taken in good time;

| 33. | Calls on the Member States to improve training programmes for health professionals in this field; |
| --- | --- |

33.

Calls on the Member States to improve training programmes for health professionals in this field;

| 34. | Welcomes the inclusion of endocrine disrupting chemicals (EDCs) among the emerging policy issues managed under the Strategic Approach to International Chemicals Management (SAICM) policy framework; calls on the Commission and the Member States to support these SAICM activities, and to promote active policies to reduce human and environment exposure to EDCs in all relevant international forums, including the WHO) and the United Nations Environment Programme (UNEP); |
| --- | --- |

34.

Welcomes the inclusion of endocrine disrupting chemicals (EDCs) among the emerging policy issues managed under the Strategic Approach to International Chemicals Management (SAICM) policy framework; calls on the Commission and the Member States to support these SAICM activities, and to promote active policies to reduce human and environment exposure to EDCs in all relevant international forums, including the WHO) and the United Nations Environment Programme (UNEP);

| 35. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

35.

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

---

(1)  OJ L 396, 30.12.2006, p. 1.

(2)  OJ L 353, 31.12.2008, p. 1.

(3)  OJ L 309, 24.11.2009, p. 1.

(4)  OJ L 167, 27.6.2012, p. 1.

(5)  OJ L 327, 22.12.2000, p. 1.

(6)  OJ L 309, 24.11.2009, p. 71.

(7)  OJ L 342, 22.12.2009, p. 59.

(8)  OJ C 341, 9.11.1998, p. 37.

(9)  OJ C 81 E, 15.3.2011, p. 95.

(10)  Texts adopted, P7_TA(2012)0147.

(11)  Definition from the WHO/IPCS (2002) report: ‘An endocrine disruptor is an exogenous substance or mixture that alters function(s) of the endocrine system and consequently causes adverse health effects in an intact organism, or its progeny, or (sub)populations.’ A potential endocrine disruptor is ‘an exogenous substance or mixture that possesses properties that might be expected to lead to endocrine disruption in an intact organism, or its progeny, or (sub)populations.’ (http://www.who.int/ipcs/publications/en/ch1.pdf)

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/91 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/91

---

P7_TA(2013)0092

Integration of migrants, its effects on the labour market and the external dimension of social security coordination

European Parliament resolution of 14 March 2013 on the integration of migrants, its effects on the labour market and the external dimension of social security coordination (2012/2131(INI))

(2016/C 036/15)

The European Parliament,

| — | having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 15, 18, 20, 21, 34 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 15, 18, 20, 21, 34 thereof,

| — | having regard to the Commission communication of 30 March 2012 entitled ‘The external dimension of EU social security coordination’ (COM(2012)0153), |
| --- | --- |

—

having regard to the Commission communication of 30 March 2012 entitled ‘The external dimension of EU social security coordination’ (COM(2012)0153),

| — | having regard to the Commission communication of 18 November 2011 entitled ‘The global approach to migration and mobility’ (COM(2011)0743), |
| --- | --- |

—

having regard to the Commission communication of 18 November 2011 entitled ‘The global approach to migration and mobility’ (COM(2011)0743),

| — | having regard to the Commission communication of 20 July 2011 on the European agenda for the integration of third-country nationals (COM(2011)0455), |
| --- | --- |

—

having regard to the Commission communication of 20 July 2011 on the European agenda for the integration of third-country nationals (COM(2011)0455),

| — | having regard to the Commission communication of 18 April 2012 entitled ‘Towards a job-rich recovery’ (COM(2012)0173), |
| --- | --- |

—

having regard to the Commission communication of 18 April 2012 entitled ‘Towards a job-rich recovery’ (COM(2012)0173),

| — | having regard to the opinion of the European Economic and Social Committee of 22 February 2012 on the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘European Agenda for the Integration of Third-Country Nationals’ (SOC/427), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 22 February 2012 on the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘European Agenda for the Integration of Third-Country Nationals’ (SOC/427),

| — | having regard to the opinion of the Committee of the Regions of 16 February 2012 on ‘the new European Agenda for Integration’, |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 16 February 2012 on ‘the new European Agenda for Integration’,

| — | having regard to the own-initiative opinion of the European Economic and Social Committee of 18 September 2012 on ‘The contribution of migrant entrepreneurs to the EU economy’ (1), |
| --- | --- |

—

having regard to the own-initiative opinion of the European Economic and Social Committee of 18 September 2012 on ‘The contribution of migrant entrepreneurs to the EU economy’ (1),

| — | having regard to the Eurofound study of 2011 entitled ‘Promoting ethnic entrepreneurship in the European cities’, |
| --- | --- |

—

having regard to the Eurofound study of 2011 entitled ‘Promoting ethnic entrepreneurship in the European cities’,

| — | having regard to the 2012 Joint Employment Report of 20 February 2012, |
| --- | --- |

—

having regard to the 2012 Joint Employment Report of 20 February 2012,

| — | having regard to the Commission report of 5 December 2011 on the results achieved and on qualitative and quantitative aspects of implementation of the European Fund for the Integration of Third-country Nationals for the period 2007-2009 (COM(2011)0847), |
| --- | --- |

—

having regard to the Commission report of 5 December 2011 on the results achieved and on qualitative and quantitative aspects of implementation of the European Fund for the Integration of Third-country Nationals for the period 2007-2009 (COM(2011)0847),

| — | having regard to the summary report entitled ‘Sixth meeting of the European Integration Forum: the involvement of countries of origin in the integration process (Brussels, 9 and 10 November 2011)’, |
| --- | --- |

—

having regard to the summary report entitled ‘Sixth meeting of the European Integration Forum: the involvement of countries of origin in the integration process (Brussels, 9 and 10 November 2011)’,

| — | having regard to the study entitled ‘The integration of migrants and its effects on the labour market’ (European Parliament, 2011), |
| --- | --- |

—

having regard to the study entitled ‘The integration of migrants and its effects on the labour market’ (European Parliament, 2011),

| — | having regard to the study entitled ‘EMN Synthesis Report: satisfying labour demand through migration’ (European Parliament, 2011), |
| --- | --- |

—

having regard to the study entitled ‘EMN Synthesis Report: satisfying labour demand through migration’ (European Parliament, 2011),

| — | having regard to the study entitled ‘Gallup World Poll: the many faces of global migration’ (IOM and Gallup, 2011), |
| --- | --- |

—

having regard to the study entitled ‘Gallup World Poll: the many faces of global migration’ (IOM and Gallup, 2011),

| — | having regard to the Eurofound publications ‘Quality of Life in Ethnically Diverse Neighbourhoods’ (2011), ‘Working conditions of Nationals with a Foreign Background’ (2011) and ‘Employment and Working Conditions of Migrant Workers’ (2007), |
| --- | --- |

—

having regard to the Eurofound publications ‘Quality of Life in Ethnically Diverse Neighbourhoods’ (2011), ‘Working conditions of Nationals with a Foreign Background’ (2011) and ‘Employment and Working Conditions of Migrant Workers’ (2007),

| — | having regard to the research carried out by the European Network of Cities for Local Integration Policies for Migrants (CLIP), established by the Congress of Local and Regional Authorities of the Council of Europe, the City of Stuttgart and Eurofound, |
| --- | --- |

—

having regard to the research carried out by the European Network of Cities for Local Integration Policies for Migrants (CLIP), established by the Congress of Local and Regional Authorities of the Council of Europe, the City of Stuttgart and Eurofound,

| — | having regard to the conclusions of 4 May 2010 of the Council and of the Representatives of the Governments of the Member States meeting within the Council on ‘Integration as a Driver for Development and Social Cohesion’, |
| --- | --- |

—

having regard to the conclusions of 4 May 2010 of the Council and of the Representatives of the Governments of the Member States meeting within the Council on ‘Integration as a Driver for Development and Social Cohesion’,

| — | having regard to the opinion of the European Economic and Social Committee of 17 March 2010 on the integration of immigrant workers (SOC/364), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 17 March 2010 on the integration of immigrant workers (SOC/364),

| — | having regard to the opinion of the European Economic and Social Committee of 17 February 2010 on the integration of immigrant workers (SOC/362), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 17 February 2010 on the integration of immigrant workers (SOC/362),

| — | having regard to the Stockholm Programme ‘An open and secure Europe serving and protecting citizens’, adopted by the European Council (10—11 December 2009), |
| --- | --- |

—

having regard to the Stockholm Programme ‘An open and secure Europe serving and protecting citizens’, adopted by the European Council (10—11 December 2009),

| — | having regard to Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (2), |
| --- | --- |

—

having regard to Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (2),

| — | having regard to Council Directive 2003/109/EC of 25 November 2003 concerning the status of third country nationals who are long-term residents (3), |
| --- | --- |

—

having regard to Council Directive 2003/109/EC of 25 November 2003 concerning the status of third country nationals who are long-term residents (3),

| — | having regard to Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (4), |
| --- | --- |

—

having regard to Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (4),

| — | having regard to Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (5), |
| --- | --- |

—

having regard to Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals (5),

| — | having regard to Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (the ‘Blue Card Directive’) (6), |
| --- | --- |

—

having regard to Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment (the ‘Blue Card Directive’) (6),

| — | having regard to Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (7) |
| --- | --- |

—

having regard to Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (7)

| — | having regard to its resolution of 14 January 2009 on the situation of fundamental rights in the European Union 2004-2008 (8), |
| --- | --- |

—

having regard to its resolution of 14 January 2009 on the situation of fundamental rights in the European Union 2004-2008 (8),

| — | having regard to the Commission communication of 16 May 2007 on circular migration and mobility partnerships between the European Union and third countries (COM(2007)0248), |
| --- | --- |

—

having regard to the Commission communication of 16 May 2007 on circular migration and mobility partnerships between the European Union and third countries (COM(2007)0248),

| — | having regard to its resolution of 6 July 2006 on strategies and means for the integration of immigrants in the European Union (9), |
| --- | --- |

—

having regard to its resolution of 6 July 2006 on strategies and means for the integration of immigrants in the European Union (9),

| — | having regard to Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (10), |
| --- | --- |

—

having regard to Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (10),

| — | having regard to the Commission communication of 1 September 2005 entitled ‘A Common Agenda for Integration — Framework for the Integration of Third-Country Nationals in the European Union’ (COM(2005)0389), |
| --- | --- |

—

having regard to the Commission communication of 1 September 2005 entitled ‘A Common Agenda for Integration — Framework for the Integration of Third-Country Nationals in the European Union’ (COM(2005)0389),

| — | having regard to the Commission communication of 10 May 2005 entitled ‘The Hague Programme: ten priorities for the next five years — The partnership for European renewal in the field of freedom, security and justice’ (COM(2005)0184), |
| --- | --- |

—

having regard to the Commission communication of 10 May 2005 entitled ‘The Hague Programme: ten priorities for the next five years — The partnership for European renewal in the field of freedom, security and justice’ (COM(2005)0184),

| — | having regard to the conclusions of 19 November 2004 of the Council and the Representatives of the Governments of the Member States on the establishment of common basic principles for immigrant integration policy in the European Union, |
| --- | --- |

—

having regard to the conclusions of 19 November 2004 of the Council and the Representatives of the Governments of the Member States on the establishment of common basic principles for immigrant integration policy in the European Union,

| — | having regard to the Tampere Programme agreed on 15 and 16 October 1999, |
| --- | --- |

—

having regard to the Tampere Programme agreed on 15 and 16 October 1999,

| — | having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (11), |
| --- | --- |

—

having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (11),

| — | 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 (12), |
| --- | --- |

—

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 (12),

| — | 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 (13), |
| --- | --- |

—

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 (13),

| — | having regard to Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (14), |
| --- | --- |

—

having regard to Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these Regulations solely on the ground of their nationality (14),

| — | having regard to the Commission proposals of 30 March 2012 relating to the coordination of social security systems (COM(2012)0156, COM(2012)0157, COM(2012)0158 and COM(2012)0152), |
| --- | --- |

—

having regard to the Commission proposals of 30 March 2012 relating to the coordination of social security systems (COM(2012)0156, COM(2012)0157, COM(2012)0158 and COM(2012)0152),

| — | having regard to the judgments of the European Court of Justice in Cases Nos. C-214/94, C-112/75, C-110/73, C-247/96, C-300/84, C-237/83, C-60/93 and C-485/07, |
| --- | --- |

—

having regard to the judgments of the European Court of Justice in Cases Nos. C-214/94, C-112/75, C-110/73, C-247/96, C-300/84, C-237/83, C-60/93 and C-485/07,

| — | having regard to Articles 48, 78, 79 and 352 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Articles 48, 78, 79 and 352 of the Treaty on the Functioning of the European Union,

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Foreign Affairs and the Committee on Women’s Rights and Gender Equality (A7-0040/2013), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Foreign Affairs and the Committee on Women’s Rights and Gender Equality (A7-0040/2013),

| A. | whereas the working-age population of Europe will decline from 2012 onwards and, in the absence of immigration, will fall by 14 million over the next 10 years; whereas the relevant figures vary considerably from Member State to Member State; |
| --- | --- |

A.

whereas the working-age population of Europe will decline from 2012 onwards and, in the absence of immigration, will fall by 14 million over the next 10 years; whereas the relevant figures vary considerably from Member State to Member State;

| B. | whereas in 2011, 48,9 million people resident in the 27 Member States had been born abroad (9,7 % of the total EU population), with 16,5 million coming from another EU Member State (3,3 %) and 32,4 million from outside the EU (6,4 %); |
| --- | --- |

B.

whereas in 2011, 48,9 million people resident in the 27 Member States had been born abroad (9,7 % of the total EU population), with 16,5 million coming from another EU Member State (3,3 %) and 32,4 million from outside the EU (6,4 %);

| C. | whereas, despite an unemployment rate in the EU of approximately 10 % (i.e. 23,8 million people out of work), this human resources crisis is already evident and will become more acute over the next few years: in 2015, for example, between 380 000 and 700 000 IT posts will be unfilled; whereas measures to tackle this shortage of skilled labour must involve better education, training, skills development and career advancement policies on the part of Member States and businesses, the identification of new target groups, and better and equal access to higher education for EU citizens; |
| --- | --- |

C.

whereas, despite an unemployment rate in the EU of approximately 10 % (i.e. 23,8 million people out of work), this human resources crisis is already evident and will become more acute over the next few years: in 2015, for example, between 380 000 and 700 000 IT posts will be unfilled; whereas measures to tackle this shortage of skilled labour must involve better education, training, skills development and career advancement policies on the part of Member States and businesses, the identification of new target groups, and better and equal access to higher education for EU citizens;

| D. | whereas Eurobarometer surveys show that 70 % of EU citizens think that immigrants are necessary for the European economy; whereas the number of foreign-born nationals coming from countries outside the EU-27 is estimated at 32 million, corresponding to 6,5 % of the total population; |
| --- | --- |

D.

whereas Eurobarometer surveys show that 70 % of EU citizens think that immigrants are necessary for the European economy; whereas the number of foreign-born nationals coming from countries outside the EU-27 is estimated at 32 million, corresponding to 6,5 % of the total population;

| E. | whereas the employment rate for third-country nationals between the ages of 20 and 64 is on average 10 % lower than the corresponding rate for nationals across the EU, and in addition many migrants are working in jobs below their level of qualification or in precarious situations, a phenomenon that can be counteracted by extending the scope of universally applicable collective labour agreements where they exist; whereas the demand for skilled workers is rising and will rise at a faster rate than that for less-skilled workers, but the average educational level of third-country nationals is below that of EU nationals, and young people with a migrant background are at greater risk of exiting the education and training system without having obtained an upper secondary qualification; |
| --- | --- |

E.

whereas the employment rate for third-country nationals between the ages of 20 and 64 is on average 10 % lower than the corresponding rate for nationals across the EU, and in addition many migrants are working in jobs below their level of qualification or in precarious situations, a phenomenon that can be counteracted by extending the scope of universally applicable collective labour agreements where they exist; whereas the demand for skilled workers is rising and will rise at a faster rate than that for less-skilled workers, but the average educational level of third-country nationals is below that of EU nationals, and young people with a migrant background are at greater risk of exiting the education and training system without having obtained an upper secondary qualification;

| F. | whereas, while the EU can expect to receive a steady inflow of migrants, it has to compete globally for the best brains in order to attract and retain talent; whereas demographic change and rising global competition mean that the EU needs to address the issues that might act as a deterrent to such migration, and also to promote social innovation; |
| --- | --- |

F.

whereas, while the EU can expect to receive a steady inflow of migrants, it has to compete globally for the best brains in order to attract and retain talent; whereas demographic change and rising global competition mean that the EU needs to address the issues that might act as a deterrent to such migration, and also to promote social innovation;

| G. | whereas diverse, open and tolerant societies are more likely to attract skilled workers who possess the human and creative capital required to power knowledge economies, and thus Europe’s attractiveness also depends on an active approach to employment, the provision of equal access to employment, the prospect of real integration, equal access to and non-discrimination in employment and education, and equality and success in education and training for students from a migrant background in the context of a ‘welcoming culture’, as well as the removal of administrative barriers; |
| --- | --- |

G.

whereas diverse, open and tolerant societies are more likely to attract skilled workers who possess the human and creative capital required to power knowledge economies, and thus Europe’s attractiveness also depends on an active approach to employment, the provision of equal access to employment, the prospect of real integration, equal access to and non-discrimination in employment and education, and equality and success in education and training for students from a migrant background in the context of a ‘welcoming culture’, as well as the removal of administrative barriers;

| H. | whereas gender stereotypes are more deeply rooted in immigrant communities, and migrant women are more often victims of the different types of violence against women, especially forced marriages, female genital mutilation, so-called ‘honour crimes’, ill-treatment in close relationships, sexual harassment in the workplace and even trafficking and sexual exploitation; |
| --- | --- |

H.

whereas gender stereotypes are more deeply rooted in immigrant communities, and migrant women are more often victims of the different types of violence against women, especially forced marriages, female genital mutilation, so-called ‘honour crimes’, ill-treatment in close relationships, sexual harassment in the workplace and even trafficking and sexual exploitation;

| I. | whereas figures in the Gallup World Poll 2011 indicate that, worldwide, potential migrants who would prefer to work in a foreign country for a limited period of time outnumber those who want to emigrate permanently by two to one; |
| --- | --- |

I.

whereas figures in the Gallup World Poll 2011 indicate that, worldwide, potential migrants who would prefer to work in a foreign country for a limited period of time outnumber those who want to emigrate permanently by two to one;

| J. | whereas employment is the key to successful integration, and the EU’s Integration Principles stress that quality, sustainable and paid employment or self-employment is a key part of the integration process, being ‘central to the participation of immigrants, to the contribution immigrants make to the host society and to making such contributions visible’; |
| --- | --- |

J.

whereas employment is the key to successful integration, and the EU’s Integration Principles stress that quality, sustainable and paid employment or self-employment is a key part of the integration process, being ‘central to the participation of immigrants, to the contribution immigrants make to the host society and to making such contributions visible’;

| K. | whereas it is estimated that between 1,9 million and 3,8 million immigrants are living and working in an irregular situation in the EU; |
| --- | --- |

K.

whereas it is estimated that between 1,9 million and 3,8 million immigrants are living and working in an irregular situation in the EU;

| L. | whereas, approximately a quarter of the new jobs created since 2000 have been established through the contribution of immigrants; whereas migrants are increasingly opting for self-employment to find their way into the labour market, but in so doing are also more often experiencing financial difficulties; whereas migrant entrepreneurs and ethnic businesses play an important role in job creation and can function as community leaders and bridges to global markets and hence contribute to more successful integration; whereas, therefore, Member States need to provide more information for and raise awareness of these groups, for example by creating a ‘one-stop-shop’ website for aspiring entrepreneurs which would provide information on opportunities and challenges, on European and national subsidies, and on organisations and bodies providing assistance in the field of self-employment; |
| --- | --- |

L.

whereas, approximately a quarter of the new jobs created since 2000 have been established through the contribution of immigrants; whereas migrants are increasingly opting for self-employment to find their way into the labour market, but in so doing are also more often experiencing financial difficulties; whereas migrant entrepreneurs and ethnic businesses play an important role in job creation and can function as community leaders and bridges to global markets and hence contribute to more successful integration; whereas, therefore, Member States need to provide more information for and raise awareness of these groups, for example by creating a ‘one-stop-shop’ website for aspiring entrepreneurs which would provide information on opportunities and challenges, on European and national subsidies, and on organisations and bodies providing assistance in the field of self-employment;

| M. | whereas students from a migrant background continue to be disadvantaged in the education system and are more likely to leave without completing their studies; |
| --- | --- |

M.

whereas students from a migrant background continue to be disadvantaged in the education system and are more likely to leave without completing their studies;

| N. | whereas red tape, the failure to recognise qualifications and the lack of opportunities to develop skills mean that the skills mismatch and associated brain waste is higher among immigrants than nationals; |
| --- | --- |

N.

whereas red tape, the failure to recognise qualifications and the lack of opportunities to develop skills mean that the skills mismatch and associated brain waste is higher among immigrants than nationals;

| O. | whereas globalisation of the economy goes hand in hand with social globalisation, and this has particular consequences in relation to external social security coordination for nationals of both EU Member States and third countries; |
| --- | --- |

O.

whereas globalisation of the economy goes hand in hand with social globalisation, and this has particular consequences in relation to external social security coordination for nationals of both EU Member States and third countries;

| P. | whereas employment policies and neighbourhood policy go hand in hand in terms of achieving a better coverage of labour demand on the European labour markets; |
| --- | --- |

P.

whereas employment policies and neighbourhood policy go hand in hand in terms of achieving a better coverage of labour demand on the European labour markets;

| Q. | whereas it will be impossible for individual Member States to conclude reciprocal bilateral social security agreements with all third countries, and seeking to do so would result in a fragmented system with inequalities in the treatment of EU citizens; whereas action at European level is therefore necessary; |
| --- | --- |

Q.

whereas it will be impossible for individual Member States to conclude reciprocal bilateral social security agreements with all third countries, and seeking to do so would result in a fragmented system with inequalities in the treatment of EU citizens; whereas action at European level is therefore necessary;

| R. | whereas responsibility at EU level for the integration of third-country nationals into the labour market, and for integration generally, is split between several Commission directorates-general and the European External Action Service; |
| --- | --- |

R.

whereas responsibility at EU level for the integration of third-country nationals into the labour market, and for integration generally, is split between several Commission directorates-general and the European External Action Service;

| S. | whereas there can be a similarly fragmented approach at national level between different departments and levels of government and different agencies, while local and regional authorities are crucial in terms of implementing integration strategies at grassroots level; |
| --- | --- |

S.

whereas there can be a similarly fragmented approach at national level between different departments and levels of government and different agencies, while local and regional authorities are crucial in terms of implementing integration strategies at grassroots level;

| T. | whereas migrant women are more often affected by unemployment, low-wage jobs and skills mismatch; |
| --- | --- |

T.

whereas migrant women are more often affected by unemployment, low-wage jobs and skills mismatch;

| U. | whereas migrant women are more often employed in fields, such as the informal care sector, which are not recognised by some of the Member States’ social security systems, and whereas they consequently do not have access to a pension scheme on retirement and are therefore exposed to poverty in their senior years; |
| --- | --- |

U.

whereas migrant women are more often employed in fields, such as the informal care sector, which are not recognised by some of the Member States’ social security systems, and whereas they consequently do not have access to a pension scheme on retirement and are therefore exposed to poverty in their senior years;

| V. | whereas a large proportion of third-country students in the EU do not work in the EU after completing their studies; |
| --- | --- |

V.

whereas a large proportion of third-country students in the EU do not work in the EU after completing their studies;

| W. | whereas those from a migrant background suffer more often from poor performance at school, social exclusion including problems with regard to labour force participation, racism, xenophobia and discrimination, all of which factors impede their integration into the labour market; |
| --- | --- |

W.

whereas those from a migrant background suffer more often from poor performance at school, social exclusion including problems with regard to labour force participation, racism, xenophobia and discrimination, all of which factors impede their integration into the labour market;

| 1. | Emphasises that integration into the labour market and into society requires commitment on both sides, on the one hand especially in relation to language learning, familiarity with and respect for the legal, political and social systems, customs and usages, and patterns of social interaction in the host country, and on the other hand by building an inclusive society, granting access to the labour market, institutions, education, social security, healthcare, access to goods and services and to housing, and the right to participate in the democratic process; stresses, accordingly, that educational institutions, religious, social, community and migrant organisations, sporting and cultural associations, the armed forces, the social partners, in particular trade unions, businesses and recruitment agencies bear a particular social responsibility in this context, recalling also that each actor has different strengths in the integration process; |
| --- | --- |

1.

Emphasises that integration into the labour market and into society requires commitment on both sides, on the one hand especially in relation to language learning, familiarity with and respect for the legal, political and social systems, customs and usages, and patterns of social interaction in the host country, and on the other hand by building an inclusive society, granting access to the labour market, institutions, education, social security, healthcare, access to goods and services and to housing, and the right to participate in the democratic process; stresses, accordingly, that educational institutions, religious, social, community and migrant organisations, sporting and cultural associations, the armed forces, the social partners, in particular trade unions, businesses and recruitment agencies bear a particular social responsibility in this context, recalling also that each actor has different strengths in the integration process;

| 2. | Believes that mutual commitment to integration can only obtain the widest possible support within society if it can be successfully mainstreamed and if Member States discuss the issue actively and openly with the public and offer credible ways of meeting the challenges currently presented by it; |
| --- | --- |

2.

Believes that mutual commitment to integration can only obtain the widest possible support within society if it can be successfully mainstreamed and if Member States discuss the issue actively and openly with the public and offer credible ways of meeting the challenges currently presented by it;

| 3. | Points out that integration is a continuous two-way process requiring the involvement of both non-EU nationals and the host society; welcomes the many examples across the EU of good practices in the integration of migrants, asylum seekers and beneficiaries of international protection, often through projects carried out by local authorities, which play a key role in delivering on integration objectives; |
| --- | --- |

3.

Points out that integration is a continuous two-way process requiring the involvement of both non-EU nationals and the host society; welcomes the many examples across the EU of good practices in the integration of migrants, asylum seekers and beneficiaries of international protection, often through projects carried out by local authorities, which play a key role in delivering on integration objectives;

| 4. | Notes that integration is launched most effectively in local communities. and therefore calls for EU support for the creation of an integration network of local and regional authorities, involving all civil society bodies operating at grassroots level in accordance with the ‘bottom-up’ principle, and possibly following the examples set by the CLIP (15), ERLAIM (16), ROUTES, City2City und EUROCITIES projects; stresses that towns and cities have a major role to play in this respect and deserve particular support; |
| --- | --- |

4.

Notes that integration is launched most effectively in local communities. and therefore calls for EU support for the creation of an integration network of local and regional authorities, involving all civil society bodies operating at grassroots level in accordance with the ‘bottom-up’ principle, and possibly following the examples set by the CLIP (15), ERLAIM (16), ROUTES, City2City und EUROCITIES projects; stresses that towns and cities have a major role to play in this respect and deserve particular support;

| 5. | Calls on the Member States to firmly combat discrimination against third-country nationals and other EU citizens, particularly formal and informal discrimination in job-seeking and in the workplace; takes the view that firm action should be taken to counteract discrimination and racism in the wake of the economic and financial crisis and the accompanying rise in unemployment; stresses that employers are required by law to treat all employees equally and to avoid discrimination between them on grounds of religion, sex, ethnicity or nationality, thus promoting fundamental rights, whereas non-discrimination and equal opportunities are a crucial part of the integration process; calls on the Commission and the Member States to ensure that remuneration levels and rights under collective agreements are complied with in host countries for migrants too; calls on the Member States to monitor effective compliance in order to prevent wage and social dumping, to adopt common guidelines on tackling work-related discrimination and measures to mitigate the negative impact the legislative system can have on the lives of migrants, and to support activating policies which can lead to faster growth and reduce inequalities and income gaps; |
| --- | --- |

5.

Calls on the Member States to firmly combat discrimination against third-country nationals and other EU citizens, particularly formal and informal discrimination in job-seeking and in the workplace; takes the view that firm action should be taken to counteract discrimination and racism in the wake of the economic and financial crisis and the accompanying rise in unemployment; stresses that employers are required by law to treat all employees equally and to avoid discrimination between them on grounds of religion, sex, ethnicity or nationality, thus promoting fundamental rights, whereas non-discrimination and equal opportunities are a crucial part of the integration process; calls on the Commission and the Member States to ensure that remuneration levels and rights under collective agreements are complied with in host countries for migrants too; calls on the Member States to monitor effective compliance in order to prevent wage and social dumping, to adopt common guidelines on tackling work-related discrimination and measures to mitigate the negative impact the legislative system can have on the lives of migrants, and to support activating policies which can lead to faster growth and reduce inequalities and income gaps;

| 6. | Calls on the Member States to better integrate migration policies with respect to labour, in order to address labour shortages and with a view to boosting domestic production; |
| --- | --- |

6.

Calls on the Member States to better integrate migration policies with respect to labour, in order to address labour shortages and with a view to boosting domestic production;

| 7. | Calls on the Commission further to strengthen, through pre-accession assistance and closer monitoring of the progress made, the efforts of the enlargement countries to improve the social and economic inclusion of Roma, paying greater attention to the situation of Romani women and girls; |
| --- | --- |

7.

Calls on the Commission further to strengthen, through pre-accession assistance and closer monitoring of the progress made, the efforts of the enlargement countries to improve the social and economic inclusion of Roma, paying greater attention to the situation of Romani women and girls;

| 8. | Takes the view that Member States’ integration policies and measures must be better differentiated and tailored and of higher quality, and, most importantly, that they must distinguish between the needs of, for example, the well qualified and the poorly qualified, EU citizens and third-country nationals, migrants with and without offers of employment and with and without existing language skills or family ties in the host country, thus meeting the needs of all migrants; recalls that participation depends on the availability and affordability of such measures, as well as on the right to be accompanied by immediate family and the right to work for long-term partners; |
| --- | --- |

8.

Takes the view that Member States’ integration policies and measures must be better differentiated and tailored and of higher quality, and, most importantly, that they must distinguish between the needs of, for example, the well qualified and the poorly qualified, EU citizens and third-country nationals, migrants with and without offers of employment and with and without existing language skills or family ties in the host country, thus meeting the needs of all migrants; recalls that participation depends on the availability and affordability of such measures, as well as on the right to be accompanied by immediate family and the right to work for long-term partners;

| 9. | Recalls that around half of the EU’s migrants are women, and that an independent migration status for women and the right to work for spouses are crucial elements in ensuring effective integration; |
| --- | --- |

9.

Recalls that around half of the EU’s migrants are women, and that an independent migration status for women and the right to work for spouses are crucial elements in ensuring effective integration;

| 10. | Calls for a holistic gender-mainstreaming-type approach to be adopted at local, national and European level; calls for the principle of ‘integration mainstreaming’ to be introduced, whereby account is taken of integration-related issues in all political, legislative and financial measures, and to this end calls on Member States to ask the National Contact Points on Integration (NCPI) to report on progress in this area; calls on the Commission, in addition, to set up a cross-departmental integration group to tackle the issues of integration, (labour) migration and integration into the labour market, involving all the relevant directorates-general and the European External Action Service, as well as the relevant stakeholders; |
| --- | --- |

10.

Calls for a holistic gender-mainstreaming-type approach to be adopted at local, national and European level; calls for the principle of ‘integration mainstreaming’ to be introduced, whereby account is taken of integration-related issues in all political, legislative and financial measures, and to this end calls on Member States to ask the National Contact Points on Integration (NCPI) to report on progress in this area; calls on the Commission, in addition, to set up a cross-departmental integration group to tackle the issues of integration, (labour) migration and integration into the labour market, involving all the relevant directorates-general and the European External Action Service, as well as the relevant stakeholders;

| 11. | Welcomes the establishment of the European Integration Forum, which provides a platform for civil society to discuss challenges and priorities with regard to migrant integration issues; would welcome stronger links between the Forum and the ongoing political and legislative process at EU level; |
| --- | --- |

11.

Welcomes the establishment of the European Integration Forum, which provides a platform for civil society to discuss challenges and priorities with regard to migrant integration issues; would welcome stronger links between the Forum and the ongoing political and legislative process at EU level;

| 12. | Considers that successful integration also includes participation in political decision-making processes and that, in particular, participation in society by migrants should be promoted; advocates, therefore, expanding the scope for participation in society and for political codetermination for people with a migrant background, and encouraging them to take advantage of such opportunities; |
| --- | --- |

12.

Considers that successful integration also includes participation in political decision-making processes and that, in particular, participation in society by migrants should be promoted; advocates, therefore, expanding the scope for participation in society and for political codetermination for people with a migrant background, and encouraging them to take advantage of such opportunities;

| 13. | Recalls the importance of voting rights for migrants, particularly at the local level, as an important tool for integration and active citizenship; is concerned at the political under- representation of minorities at all levels of government, including at Member State level and in the European Parliament; |
| --- | --- |

13.

Recalls the importance of voting rights for migrants, particularly at the local level, as an important tool for integration and active citizenship; is concerned at the political under- representation of minorities at all levels of government, including at Member State level and in the European Parliament;

| 14. | Emphasises that it is important to recognise that strong cultural identities need not detract from the strength of a national identity, and that national identity has to be sufficiently open and flexible to incorporate and accommodate the specific characteristics of citizens’ different cultural origins and backgrounds that make up a pluralistic state; |
| --- | --- |

14.

Emphasises that it is important to recognise that strong cultural identities need not detract from the strength of a national identity, and that national identity has to be sufficiently open and flexible to incorporate and accommodate the specific characteristics of citizens’ different cultural origins and backgrounds that make up a pluralistic state;

| 15. | Stresses that countries of origin also have a responsibility for facilitating integration into the labour market by offering affordable language and other preparatory courses, ensuring the provision of information, monitoring recruitment agencies to ensure their responsible behaviour, and maintaining contacts with their diaspora and/or the relevant departments of their embassies in host countries; encourages countries of origin, accordingly, to further develop programmes in this regard; |
| --- | --- |

15.

Stresses that countries of origin also have a responsibility for facilitating integration into the labour market by offering affordable language and other preparatory courses, ensuring the provision of information, monitoring recruitment agencies to ensure their responsible behaviour, and maintaining contacts with their diaspora and/or the relevant departments of their embassies in host countries; encourages countries of origin, accordingly, to further develop programmes in this regard;

| 16. | Calls for language and integration programmes in the host countries to cover — regardless of the cultural background, skills or area of professional expertise of the immigrant — the history, culture, values and principles of European democracy, the rule of law, and European remembrance, highlighting the rights and other principles contained in the Charter of Fundamental Rights while also combating entrenched gender stereotypes; |
| --- | --- |

16.

Calls for language and integration programmes in the host countries to cover — regardless of the cultural background, skills or area of professional expertise of the immigrant — the history, culture, values and principles of European democracy, the rule of law, and European remembrance, highlighting the rights and other principles contained in the Charter of Fundamental Rights while also combating entrenched gender stereotypes;

| 17. | Draws attention to the increasingly important role played in integration by migrant women, who do not just offer great potential for the labour market and often have an important role to play in educating children and conveying standards and values, but also because they are the ones most frequently affected by discrimination and violence; calls on the Commission and the Member States to take action to significantly consolidate the juridical and social position of women, with a view to preventing discrimination over the whole range of policy fields and harnessing women’s potential contribution, to economic and social development in particular; |
| --- | --- |

17.

Draws attention to the increasingly important role played in integration by migrant women, who do not just offer great potential for the labour market and often have an important role to play in educating children and conveying standards and values, but also because they are the ones most frequently affected by discrimination and violence; calls on the Commission and the Member States to take action to significantly consolidate the juridical and social position of women, with a view to preventing discrimination over the whole range of policy fields and harnessing women’s potential contribution, to economic and social development in particular;

| 18. | Calls on the Member States to develop education and communication programmes to inform migrant women of their rights and responsibilities, and to set up multilingual counselling services for women; |
| --- | --- |

18.

Calls on the Member States to develop education and communication programmes to inform migrant women of their rights and responsibilities, and to set up multilingual counselling services for women;

| 19. | Calls on the Commission and the Member States to collaborate closely with networks and NGOs working on issues relating to migrant women, in order to develop gender-sensitive policies and mainstream the concept of gender equality so as to protect the human rights of migrant women, to ensure equal opportunities in the field of employment and access to the labour market, while guaranteeing equal rights, and to combat and prevent all types of violence, labour and sexual exploitation, female genital mutilation, unfair practices, abduction, slavery, forced marriages and trafficking of women; |
| --- | --- |

19.

Calls on the Commission and the Member States to collaborate closely with networks and NGOs working on issues relating to migrant women, in order to develop gender-sensitive policies and mainstream the concept of gender equality so as to protect the human rights of migrant women, to ensure equal opportunities in the field of employment and access to the labour market, while guaranteeing equal rights, and to combat and prevent all types of violence, labour and sexual exploitation, female genital mutilation, unfair practices, abduction, slavery, forced marriages and trafficking of women;

| 20. | Stresses that the shortage of skilled labour should also be tackled by targeted education and vocational and lifelong training in the Member States, also within businesses; proposes, to that end, expanding the international dimension of the EU’s lifelong learning mobility programme; stresses, furthermore, that underachievement and high school drop-out rates affecting children of migrant workers should be tackled by guaranteeing minors’ rights to education, by measures including funding, study grants, further learning pathways and the provision of information on Member States’ education systems and the associated rights and obligations in as many languages as possible; recalls the success of the dual education system/dual training system used in some Member States in helping young migrants enter the labour market and bringing youth unemployment down; deems it necessary to train educational staff in managing diversity and to consider means of recruiting migrants to public-sector posts, particularly as teachers; encourages Member States to promote ethnic entrepreneurs and acknowledges their important role in integration, job creation and community leadership; |
| --- | --- |

20.

Stresses that the shortage of skilled labour should also be tackled by targeted education and vocational and lifelong training in the Member States, also within businesses; proposes, to that end, expanding the international dimension of the EU’s lifelong learning mobility programme; stresses, furthermore, that underachievement and high school drop-out rates affecting children of migrant workers should be tackled by guaranteeing minors’ rights to education, by measures including funding, study grants, further learning pathways and the provision of information on Member States’ education systems and the associated rights and obligations in as many languages as possible; recalls the success of the dual education system/dual training system used in some Member States in helping young migrants enter the labour market and bringing youth unemployment down; deems it necessary to train educational staff in managing diversity and to consider means of recruiting migrants to public-sector posts, particularly as teachers; encourages Member States to promote ethnic entrepreneurs and acknowledges their important role in integration, job creation and community leadership;

| 21. | Calls on the Member States to inform foreign students concerning work opportunities after graduation and to facilitate their access to their labour markets, recalling that people who have lived and completed their studies in a country and have mastered its language may be considered already integrated; points out, moreover, that it makes no economic sense for the EU that resources invested in university graduates should be wasted because they cannot find jobs in the Union; calls on the Member States, therefore, to improve their assessment of labour demand and to create fair opportunities for job competition for migrant workers who have completed their studies in the territory of an EU Member State; |
| --- | --- |

21.

Calls on the Member States to inform foreign students concerning work opportunities after graduation and to facilitate their access to their labour markets, recalling that people who have lived and completed their studies in a country and have mastered its language may be considered already integrated; points out, moreover, that it makes no economic sense for the EU that resources invested in university graduates should be wasted because they cannot find jobs in the Union; calls on the Member States, therefore, to improve their assessment of labour demand and to create fair opportunities for job competition for migrant workers who have completed their studies in the territory of an EU Member State;

| 22. | Recalls that the EU’s neighbour countries are one of the main providers of job seekers on the European labour markets and represent a real asset for the development of the latter, and that similarities regarding educational programmes, historical background and languages represent valid assets for their integration; |
| --- | --- |

22.

Recalls that the EU’s neighbour countries are one of the main providers of job seekers on the European labour markets and represent a real asset for the development of the latter, and that similarities regarding educational programmes, historical background and languages represent valid assets for their integration;

| 23. | Calls on the Commission to evaluate the possibility of drawing up and introducing a common, criteria-based European entry system, based on transparent criteria and in line with the European Qualifications Framework approach of accumulating and transferring credits, which would be open to the Member States on a voluntary basis; asserts that it should be possible to adjust such a system to labour-market conditions so as to make it easier to attract urgently needed skilled workers; |
| --- | --- |

23.

Calls on the Commission to evaluate the possibility of drawing up and introducing a common, criteria-based European entry system, based on transparent criteria and in line with the European Qualifications Framework approach of accumulating and transferring credits, which would be open to the Member States on a voluntary basis; asserts that it should be possible to adjust such a system to labour-market conditions so as to make it easier to attract urgently needed skilled workers;

| 24. | Stresses that the principle of equal pay and equal working conditions for equal work in the same workplace must apply to skilled workers arriving from both the EU and third countries; |
| --- | --- |

24.

Stresses that the principle of equal pay and equal working conditions for equal work in the same workplace must apply to skilled workers arriving from both the EU and third countries;

| 25. | Calls on the Commission, in connection with the proposed entry system, to consider developing an international platform on EURES for standardised job and skills profiles, bearing in mind the European Qualifications Framework approach of accumulating and transferring credits, in order to facilitate the recruitment of job-seeking migrants and the comparison of their capabilities, skills and qualifications; |
| --- | --- |

25.

Calls on the Commission, in connection with the proposed entry system, to consider developing an international platform on EURES for standardised job and skills profiles, bearing in mind the European Qualifications Framework approach of accumulating and transferring credits, in order to facilitate the recruitment of job-seeking migrants and the comparison of their capabilities, skills and qualifications;

| 26. | Emphasises that by participating in an entry system based on the European Qualification Framework approach of accumulating and transferring credits, Member States would become more attractive to qualified third-country nationals, for whom this would constitute a simplification; |
| --- | --- |

26.

Emphasises that by participating in an entry system based on the European Qualification Framework approach of accumulating and transferring credits, Member States would become more attractive to qualified third-country nationals, for whom this would constitute a simplification;

| 27. | Emphasises the importance of needs-orientated, qualified migration accompanied by integration measures, and calls on the Commission and the Member States, together with their regions and municipalities, to introduce a joint system of coordination at European level to identify labour-force needs and direct labour migration more effectively; welcomes, therefore, the Commission’s proposal to establish a European platform for dialogue on labour migration management, as well as a regular and systematic assessment of long-term supply and demand in the EU labour markets up to 2020, broken down by sector, occupation, level of qualification and Member State; stresses that such a plan should also clearly identify labour shortages in the EU in the short and medium term; |
| --- | --- |

27.

Emphasises the importance of needs-orientated, qualified migration accompanied by integration measures, and calls on the Commission and the Member States, together with their regions and municipalities, to introduce a joint system of coordination at European level to identify labour-force needs and direct labour migration more effectively; welcomes, therefore, the Commission’s proposal to establish a European platform for dialogue on labour migration management, as well as a regular and systematic assessment of long-term supply and demand in the EU labour markets up to 2020, broken down by sector, occupation, level of qualification and Member State; stresses that such a plan should also clearly identify labour shortages in the EU in the short and medium term;

| 28. | Recommends that such a system should at least include a list of occupations in deficit and an analysis of needs based on data provided by employers; |
| --- | --- |

28.

Recommends that such a system should at least include a list of occupations in deficit and an analysis of needs based on data provided by employers;

| 29. | Calls on the Member States, bearing in mind the Community preference clause and both in spite of and because of the constant shortage of skilled workers, to promote mobility within the EU and thus facilitate recruitment conditions, recruitment itself, and the integration of EU citizens from other Member States; calls on the Member States to develop tools and instruments to remedy labour market shortages by means of intra-EU mobility, and to invest in services for the reintegration of EU migrants who were unsuccessful in their search for work and have therefore returned to their home country; |
| --- | --- |

29.

Calls on the Member States, bearing in mind the Community preference clause and both in spite of and because of the constant shortage of skilled workers, to promote mobility within the EU and thus facilitate recruitment conditions, recruitment itself, and the integration of EU citizens from other Member States; calls on the Member States to develop tools and instruments to remedy labour market shortages by means of intra-EU mobility, and to invest in services for the reintegration of EU migrants who were unsuccessful in their search for work and have therefore returned to their home country;

| 30. | Stresses that it is not appropriate to exploit the subject of labour migration to frighten the public; notes that preconceived notions based on prejudice and resentment undermine the solidarity which forms the basis of society, and that populist exploitation of the issue should therefore be forcibly rejected; |
| --- | --- |

30.

Stresses that it is not appropriate to exploit the subject of labour migration to frighten the public; notes that preconceived notions based on prejudice and resentment undermine the solidarity which forms the basis of society, and that populist exploitation of the issue should therefore be forcibly rejected;

| 31. | Recalls the important role of the mass media in shaping public opinion on immigration and integration, and calls for responsible journalism to foster mutual respect and understanding of each other’s similarities and differences; |
| --- | --- |

31.

Recalls the important role of the mass media in shaping public opinion on immigration and integration, and calls for responsible journalism to foster mutual respect and understanding of each other’s similarities and differences;

| 32. | Believes that migrants, refugees and asylum seekers should have easier access to the labour market, without encountering difficulties in gaining such access, and that they should be able to rely on a quick and inexpensive assessment and, where appropriate, recognition and validation of their diplomas, qualifications and skills, whether acquired through formal, non-formal or informal learning; calls on the Commission, therefore, to come up with concrete proposals on how a mechanism for the recognition of qualifications and diplomas of third-country nationals could be set up, including effective skills evaluation in case of absence of documents; recalls that to this end it is important to support transparency as regards competences, qualifications and skills in partner countries; |
| --- | --- |

32.

Believes that migrants, refugees and asylum seekers should have easier access to the labour market, without encountering difficulties in gaining such access, and that they should be able to rely on a quick and inexpensive assessment and, where appropriate, recognition and validation of their diplomas, qualifications and skills, whether acquired through formal, non-formal or informal learning; calls on the Commission, therefore, to come up with concrete proposals on how a mechanism for the recognition of qualifications and diplomas of third-country nationals could be set up, including effective skills evaluation in case of absence of documents; recalls that to this end it is important to support transparency as regards competences, qualifications and skills in partner countries;

| 33. | Notes that labour market-oriented immigration can have positive effects on the social security systems of the host Member State, guaranteeing a well-qualified workforce and enhancing competitive advantage, thanks to cultural diversity (knowledge of languages, experience abroad, mobility, etc); |
| --- | --- |

33.

Notes that labour market-oriented immigration can have positive effects on the social security systems of the host Member State, guaranteeing a well-qualified workforce and enhancing competitive advantage, thanks to cultural diversity (knowledge of languages, experience abroad, mobility, etc);

| 34. | Calls on the Commission and the Member States to work with the partner countries to place greater emphasis on combating child labour, with a view to creating decent jobs for adults instead and enabling children to receive a suitable education; |
| --- | --- |

34.

Calls on the Commission and the Member States to work with the partner countries to place greater emphasis on combating child labour, with a view to creating decent jobs for adults instead and enabling children to receive a suitable education;

| 35. | Advocates the implementation of freedom of association for trade unions and the right to collective bargaining, without exceptions, in order to enforce, improve and defend decent conditions of work; |
| --- | --- |

35.

Advocates the implementation of freedom of association for trade unions and the right to collective bargaining, without exceptions, in order to enforce, improve and defend decent conditions of work;

| 36. | Calls for migrants to be prepared as rapidly as possible for the domestic labour market; points, in this connection, to best practice in the field of integration into the labour market, e.g. mentoring for migrants, integration pilots, ‘migrants for migrants’ and vocationally-based language courses, as well as the provision of help and encouragement for migrants’ school-age children and of support for start-ups by qualified people from migrant backgrounds; |
| --- | --- |

36.

Calls for migrants to be prepared as rapidly as possible for the domestic labour market; points, in this connection, to best practice in the field of integration into the labour market, e.g. mentoring for migrants, integration pilots, ‘migrants for migrants’ and vocationally-based language courses, as well as the provision of help and encouragement for migrants’ school-age children and of support for start-ups by qualified people from migrant backgrounds;

| 37. | Stresses that learning the language of the host country forms the basis for success in the service-oriented European labour market; further stresses that Member States must ensure that sufficient language learning opportunities are available, so that language barriers in the world of work cease to be an obstacle, and welcomes businesses’ own initiatives in this area; |
| --- | --- |

37.

Stresses that learning the language of the host country forms the basis for success in the service-oriented European labour market; further stresses that Member States must ensure that sufficient language learning opportunities are available, so that language barriers in the world of work cease to be an obstacle, and welcomes businesses’ own initiatives in this area;

| 38. | Calls on the Member States, in this connection, to provide migrants with better information on opportunities and challenges, on European and national subsidies, and on organisations and bodies providing assistance, in the field of self-employment; |
| --- | --- |

38.

Calls on the Member States, in this connection, to provide migrants with better information on opportunities and challenges, on European and national subsidies, and on organisations and bodies providing assistance, in the field of self-employment;

| 39. | Proposes to the Commission to declare 2016 the European Year of Integration, while urging it to focus in particular on ‘Integration through Work’; calls on the Commission to ensure that this Year of Integration involves concrete legislative texts and benchmarks for the Member States; |
| --- | --- |

39.

Proposes to the Commission to declare 2016 the European Year of Integration, while urging it to focus in particular on ‘Integration through Work’; calls on the Commission to ensure that this Year of Integration involves concrete legislative texts and benchmarks for the Member States;

| 40. | Proposes that the Member States should exchange and further develop best practice on promoting diversity at work, e.g. coaching, support for start-ups, integration programmes, subsidised work, focus groups, diversification plans, individual counselling, language and skills training and anti-discrimination campaigns; |
| --- | --- |

40.

Proposes that the Member States should exchange and further develop best practice on promoting diversity at work, e.g. coaching, support for start-ups, integration programmes, subsidised work, focus groups, diversification plans, individual counselling, language and skills training and anti-discrimination campaigns;

| 41. | Observes that in many Member States insufficient efforts are made to integrate migrants, and that targeted efforts are therefore still required from the authorities; believes this is also attributable to an erroneous approach whereby migrants are primarily portrayed as a security risk, and that there is insufficient perception of the positive opportunities; considers that in many cases, therefore, qualifications obtained in the home country are not recognised nearly as much as they should be; |
| --- | --- |

41.

Observes that in many Member States insufficient efforts are made to integrate migrants, and that targeted efforts are therefore still required from the authorities; believes this is also attributable to an erroneous approach whereby migrants are primarily portrayed as a security risk, and that there is insufficient perception of the positive opportunities; considers that in many cases, therefore, qualifications obtained in the home country are not recognised nearly as much as they should be;

| 42. | Recognises the potential of circular (labour) migration for producing a ‘triple win situation’ in which migrant, host country and home country all benefit, and calls on the Member States to open the door to and facilitate this type of immigration and emigration; |
| --- | --- |

42.

Recognises the potential of circular (labour) migration for producing a ‘triple win situation’ in which migrant, host country and home country all benefit, and calls on the Member States to open the door to and facilitate this type of immigration and emigration;

| 43. | Stresses the importance in circular migration of focusing on the individual and on ensuring that the knowledge and skills acquired by individuals can be put to use on their return; |
| --- | --- |

43.

Stresses the importance in circular migration of focusing on the individual and on ensuring that the knowledge and skills acquired by individuals can be put to use on their return;

| 44. | Calls on the Commission and the Member States to strengthen cooperation with third countries in the field of circular migration and to include them in negotiations and treaties, in particular the Global Approach for Migration and Mobility and the associated Migration and Mobility Dialogues and mobility partnerships; |
| --- | --- |

44.

Calls on the Commission and the Member States to strengthen cooperation with third countries in the field of circular migration and to include them in negotiations and treaties, in particular the Global Approach for Migration and Mobility and the associated Migration and Mobility Dialogues and mobility partnerships;

| 45. | Accepts as an alternative framework, if one of the sides is not ready to enter into the full set of obligations entailed by a Mobility Partnership, the conclusion between the EU and third countries of Common Agendas for Migration and Mobility, while stressing that this should be only a transitional phase; |
| --- | --- |

45.

Accepts as an alternative framework, if one of the sides is not ready to enter into the full set of obligations entailed by a Mobility Partnership, the conclusion between the EU and third countries of Common Agendas for Migration and Mobility, while stressing that this should be only a transitional phase;

| 46. | Welcomes particularly, in this connection, the plans to introduce Migration and Mobility Resource Centres (MMRCs) in the partner countries under the Mobility Partnership and Common Agendas, and urges that the idea of such centres should also be proposed to third countries; |
| --- | --- |

46.

Welcomes particularly, in this connection, the plans to introduce Migration and Mobility Resource Centres (MMRCs) in the partner countries under the Mobility Partnership and Common Agendas, and urges that the idea of such centres should also be proposed to third countries;

| 47. | Calls for action to promote intelligent strategies on circular migration, backed up by the necessary resources and legal guarantees and conditions to create secure jobs and prevent irregular immigration; |
| --- | --- |

47.

Calls for action to promote intelligent strategies on circular migration, backed up by the necessary resources and legal guarantees and conditions to create secure jobs and prevent irregular immigration;

| 48. | Notes that successful cooperation of this kind requires a long-term commitment which the EU is uniquely placed to make through its financial instruments, for example by supporting return and integration programmes with a circular migration feature; |
| --- | --- |

48.

Notes that successful cooperation of this kind requires a long-term commitment which the EU is uniquely placed to make through its financial instruments, for example by supporting return and integration programmes with a circular migration feature;

| 49. | Stresses the need to make circular migration programmes flexible and to take into account Article 8 of the ECHR and Directives 2003/109/EC and 2003/86/EC; |
| --- | --- |

49.

Stresses the need to make circular migration programmes flexible and to take into account Article 8 of the ECHR and Directives 2003/109/EC and 2003/86/EC;

| 50. | Stresses that language and skills training before arrival in the host country and preparation for return are useful measures in this connection, and notes the possibility of setting up pre-departure desks in both home and host countries; |
| --- | --- |

50.

Stresses that language and skills training before arrival in the host country and preparation for return are useful measures in this connection, and notes the possibility of setting up pre-departure desks in both home and host countries;

| 51. | Bearing in mind that migration and labour market policy should go hand in hand, calls on the Commission, in this context, to strengthen and give priority to the links between labour market demand, circular migration, development, and neighbourhood and foreign policy; welcomes the financial support that the EU has given so far for migration management in third countries, e.g. Migration EU expertise II (MIEUX II) and calls, in the funding of European projects, for the greatest possible synergies to be developed between the European Social Fund and the Asylum and Migration Fund; |
| --- | --- |

51.

Bearing in mind that migration and labour market policy should go hand in hand, calls on the Commission, in this context, to strengthen and give priority to the links between labour market demand, circular migration, development, and neighbourhood and foreign policy; welcomes the financial support that the EU has given so far for migration management in third countries, e.g. Migration EU expertise II (MIEUX II) and calls, in the funding of European projects, for the greatest possible synergies to be developed between the European Social Fund and the Asylum and Migration Fund;

| 52. | Welcomes the existing EU instruments for the formulation of integration policies, for example the network of National Contact Points on Integration, the European integration website, the European Handbook on Integration, the European Integration Fund, the Asylum and Migration Fund, the EU immigration portal and the European integration modules; |
| --- | --- |

52.

Welcomes the existing EU instruments for the formulation of integration policies, for example the network of National Contact Points on Integration, the European integration website, the European Handbook on Integration, the European Integration Fund, the Asylum and Migration Fund, the EU immigration portal and the European integration modules;

| 53. | Recalls the EU’s Common Basic Principles for Immigrant Integration (CBPs); regrets the fact that Member States are not currently using the European Integration Fund to its full potential, and recalls that the aim of this fund is to support Member States’ actions in implementing the CBPs; |
| --- | --- |

53.

Recalls the EU’s Common Basic Principles for Immigrant Integration (CBPs); regrets the fact that Member States are not currently using the European Integration Fund to its full potential, and recalls that the aim of this fund is to support Member States’ actions in implementing the CBPs;

| 54. | Emphasises the need to identify, share and promote exchanges of best practice in those Member States and non-EU countries with the most gender-equitable immigration policies; |
| --- | --- |

54.

Emphasises the need to identify, share and promote exchanges of best practice in those Member States and non-EU countries with the most gender-equitable immigration policies;

| 55. | Stresses the need to make optimal use of the 2013 European Year of Citizens with a view to focusing on the free mobility and full participation of migrant women in European society; |
| --- | --- |

55.

Stresses the need to make optimal use of the 2013 European Year of Citizens with a view to focusing on the free mobility and full participation of migrant women in European society;

| 56. | Calls on the Member States to conduct campaigns aimed at migrants with a view to combating the entrenched gender stereotypes in the communities concerned, improving the integration and participation of migrant women in society, the economy, education and the labour market, and combating gender-based violence; |
| --- | --- |

56.

Calls on the Member States to conduct campaigns aimed at migrants with a view to combating the entrenched gender stereotypes in the communities concerned, improving the integration and participation of migrant women in society, the economy, education and the labour market, and combating gender-based violence;

| 57. | Points out that many potential migrants face lengthy waiting times in Member States’ consulates in their home states and that rapid, reliable and smooth placement in a circular employment relationship is extremely difficult in these circumstances; calls on the Commission and the Member States, therefore, to give more consideration to developing a common European consular service in the EU delegations and Member State embassies; |
| --- | --- |

57.

Points out that many potential migrants face lengthy waiting times in Member States’ consulates in their home states and that rapid, reliable and smooth placement in a circular employment relationship is extremely difficult in these circumstances; calls on the Commission and the Member States, therefore, to give more consideration to developing a common European consular service in the EU delegations and Member State embassies;

| 58. | Encourages the training of staff at the European External Action Service (EEAS), especially staff working in EU Delegations, in the Global Approach to Migration, so as to ensure the effective mainstreaming of EU immigration policy in its external actions; |
| --- | --- |

58.

Encourages the training of staff at the European External Action Service (EEAS), especially staff working in EU Delegations, in the Global Approach to Migration, so as to ensure the effective mainstreaming of EU immigration policy in its external actions;

| 59. | Strongly encourages the EEAS to seek a more active coordination role in the external dimension of the migration policy process; |
| --- | --- |

59.

Strongly encourages the EEAS to seek a more active coordination role in the external dimension of the migration policy process;

| 60. | Recalls the importance of smart borders management on the EU’s part, as well as the possibility of monitoring with the aid of biometric identifiers; |
| --- | --- |

60.

Recalls the importance of smart borders management on the EU’s part, as well as the possibility of monitoring with the aid of biometric identifiers;

| 61. | Considers that entry and residence must be governed by clear, fair and non-discriminatory rules which must conform to the standards of the rule of law at national and EU level; emphasises that entry criteria must be readily comprehensible and have long-term validity; notes that long-term residence entitlement in the foreseeable future is a key prospect as far as integration is concerned; stresses that language proficiency is important and should be encouraged and supported, but not used as a selection or penalty criterion; |
| --- | --- |

61.

Considers that entry and residence must be governed by clear, fair and non-discriminatory rules which must conform to the standards of the rule of law at national and EU level; emphasises that entry criteria must be readily comprehensible and have long-term validity; notes that long-term residence entitlement in the foreseeable future is a key prospect as far as integration is concerned; stresses that language proficiency is important and should be encouraged and supported, but not used as a selection or penalty criterion;

| 62. | Observes, with reference to Directives 2008/115/EC and 2009/52/EC, that illegal labour migration can be reduced not only by means of effective monitoring but also by making opportunities for legal immigration available more effectively; |
| --- | --- |

62.

Observes, with reference to Directives 2008/115/EC and 2009/52/EC, that illegal labour migration can be reduced not only by means of effective monitoring but also by making opportunities for legal immigration available more effectively;

| 63. | Regrets the recent changes to the ‘right to nationality at birth’ legislation in some Member States, which are resulting in more cases of statelessness in the EU; |
| --- | --- |

63.

Regrets the recent changes to the ‘right to nationality at birth’ legislation in some Member States, which are resulting in more cases of statelessness in the EU;

| 64. | Emphasises that both legal and illegal immigration are current phenomena and that a common legal framework on migration policies is needed in order to protect migrants and potential victims, especially women and children, who are vulnerable to various forms of organised crime in the context of migration and human trafficking; also emphasises that illegal migration can be reduced through a common legal framework; |
| --- | --- |

64.

Emphasises that both legal and illegal immigration are current phenomena and that a common legal framework on migration policies is needed in order to protect migrants and potential victims, especially women and children, who are vulnerable to various forms of organised crime in the context of migration and human trafficking; also emphasises that illegal migration can be reduced through a common legal framework;

| 65. | Deplores the fact that many migrant women are misled in their countries of origin with promises of employment contracts in developed countries, and that some are even kidnapped to be sexually exploited by mafias and human trafficking networks; calls on the Member States to step up their efforts to combat these abusive and inhuman practices; |
| --- | --- |

65.

Deplores the fact that many migrant women are misled in their countries of origin with promises of employment contracts in developed countries, and that some are even kidnapped to be sexually exploited by mafias and human trafficking networks; calls on the Member States to step up their efforts to combat these abusive and inhuman practices;

| 66. | Calls on the Council, the Commission and the Member States to establish a legal framework guaranteeing immigrant women the right to hold their own passport and residence permit and making it possible to hold anyone taking those documents away from them criminally responsible for so doing; |
| --- | --- |

66.

Calls on the Council, the Commission and the Member States to establish a legal framework guaranteeing immigrant women the right to hold their own passport and residence permit and making it possible to hold anyone taking those documents away from them criminally responsible for so doing;

| 67. | Emphasises that the majority employment areas of migrant women are in the field of domestic services and personal care, regardless of their educational and professional experience; deplores the fact that the vast majority work without contracts on very low wages and with no social rights of any kind; |
| --- | --- |

67.

Emphasises that the majority employment areas of migrant women are in the field of domestic services and personal care, regardless of their educational and professional experience; deplores the fact that the vast majority work without contracts on very low wages and with no social rights of any kind;

| 68. | Welcomes ILO Convention No 189 on domestic workers, which will come into force in 2013, and calls on all Member States to ratify it without delay; |
| --- | --- |

68.

Welcomes ILO Convention No 189 on domestic workers, which will come into force in 2013, and calls on all Member States to ratify it without delay;

| 69. | Welcomes the existing EU decisions on social security coordination which have been reached with Algeria, Morocco, Tunisia, Croatia, the Former Yugoslav Republic of Macedonia, Israel, Montenegro, San Marino, Albania and Turkey; calls on the Commission to take action to address the issue of social security coordination for third-country nationals, and especially the preservation of rights when leaving or re-entering the EU, and to accompany the EU’s migration policy with adequate measures addressing the acquired social security rights of migrants; |
| --- | --- |

69.

Welcomes the existing EU decisions on social security coordination which have been reached with Algeria, Morocco, Tunisia, Croatia, the Former Yugoslav Republic of Macedonia, Israel, Montenegro, San Marino, Albania and Turkey; calls on the Commission to take action to address the issue of social security coordination for third-country nationals, and especially the preservation of rights when leaving or re-entering the EU, and to accompany the EU’s migration policy with adequate measures addressing the acquired social security rights of migrants;

| 70. | Welcomes, in this context, the Ibero-American Convention on Social Security, and proposes providing a possibility for further Member States to join this Convention, alongside Portugal and Spain, as a platform for European coordination; stresses that while bilateral agreements between EU Member States and third countries may provide for better social security protection, they make it difficult for third-country nationals moving between countries in the EU to be aware of their social security rights; welcomes, therefore, the Commission’s proposal for establishing an EU mechanism for the exchange of best practice and information on social security coordination, and proposes that the existing bilateral national agreements be collected, processed and made available in a transparent manner by the Commission; calls on the Commission to provide guidance for Member States entering into any bilateral agreement, so that to ensure more uniform application across the EU, on a basis of respect for both the EU Social Security Coordination and the ILO Social Security Conventions; |
| --- | --- |

70.

Welcomes, in this context, the Ibero-American Convention on Social Security, and proposes providing a possibility for further Member States to join this Convention, alongside Portugal and Spain, as a platform for European coordination; stresses that while bilateral agreements between EU Member States and third countries may provide for better social security protection, they make it difficult for third-country nationals moving between countries in the EU to be aware of their social security rights; welcomes, therefore, the Commission’s proposal for establishing an EU mechanism for the exchange of best practice and information on social security coordination, and proposes that the existing bilateral national agreements be collected, processed and made available in a transparent manner by the Commission; calls on the Commission to provide guidance for Member States entering into any bilateral agreement, so that to ensure more uniform application across the EU, on a basis of respect for both the EU Social Security Coordination and the ILO Social Security Conventions;

| 71. | Calls on the Member States and the Commission to broaden the practical scope of the EU’s association agreements with both third countries and wider regions as far as social security is concerned; calls, therefore, for the External Dimension of EU Social Security Coordination to be included as an important item in the EU’s external relations and negotiations with third countries; |
| --- | --- |

71.

Calls on the Member States and the Commission to broaden the practical scope of the EU’s association agreements with both third countries and wider regions as far as social security is concerned; calls, therefore, for the External Dimension of EU Social Security Coordination to be included as an important item in the EU’s external relations and negotiations with third countries;

| 72. | Points out that, even though the adoption of Regulation (EU) No 1231/2010 has allowed rights provided under Regulation (EC) No 883/2004 to be extended to third-country nationals, these rights can be claimed only in the case of crossborder activity within the EU, which means that most third-country nationals are excluded; expects that measures relating to access to social security already included in EU legislation, such as the Single Permit Directive, will be implemented fully; |
| --- | --- |

72.

Points out that, even though the adoption of Regulation (EU) No 1231/2010 has allowed rights provided under Regulation (EC) No 883/2004 to be extended to third-country nationals, these rights can be claimed only in the case of crossborder activity within the EU, which means that most third-country nationals are excluded; expects that measures relating to access to social security already included in EU legislation, such as the Single Permit Directive, will be implemented fully;

| 73. | Welcomes, in this connection, the extended scope of the rules on third-country nationals contained in Directive 2009/50/EC (the ‘Blue Card Directive’), and calls on the Commission to evaluate the implementation of this directive and its impact on the labour market; |
| --- | --- |

73.

Welcomes, in this connection, the extended scope of the rules on third-country nationals contained in Directive 2009/50/EC (the ‘Blue Card Directive’), and calls on the Commission to evaluate the implementation of this directive and its impact on the labour market;

| 74. | Stresses that the rights of EU citizens must also be protected outside the EU and in cases where they work or have worked in third countries; |
| --- | --- |

74.

Stresses that the rights of EU citizens must also be protected outside the EU and in cases where they work or have worked in third countries;

| 75. | Calls, therefore, for a uniform and reciprocal EU approach to social security coordination vis-à-vis third countries to be adopted, covering all EU citizens and third-country nationals, without prejudice to the rights of third-country nationals deriving from association agreements and developed by the European Court of Justice; |
| --- | --- |

75.

Calls, therefore, for a uniform and reciprocal EU approach to social security coordination vis-à-vis third countries to be adopted, covering all EU citizens and third-country nationals, without prejudice to the rights of third-country nationals deriving from association agreements and developed by the European Court of Justice;

| 76. | Proposes that consideration should also be given in this connection to an optional, voluntary and overarching ‘28th regime’ for immigrants and EU citizens in other EU countries; |
| --- | --- |

76.

Proposes that consideration should also be given in this connection to an optional, voluntary and overarching ‘28th regime’ for immigrants and EU citizens in other EU countries;

| 77. | Welcomes the creation of the European Health Insurance Card, and urges that its use be further extended and simplified; |
| --- | --- |

77.

Welcomes the creation of the European Health Insurance Card, and urges that its use be further extended and simplified;

| 78. | Stresses that the attractiveness of the European labour market also depends on whether pension and social entitlements can be transferred and remain valid in the event of return; |
| --- | --- |

78.

Stresses that the attractiveness of the European labour market also depends on whether pension and social entitlements can be transferred and remain valid in the event of return;

| 79. | Welcomes the adoption of the Single Permit Directive, which allows for the portability of pensions for third-country nationals and their survivors in accordance with Regulation (EC) No 883/2004; calls on the current and upcoming EU presidencies, together with the Commission, to relaunch negotiations on the proposal for a directive on portability of supplementary pension rights; |
| --- | --- |

79.

Welcomes the adoption of the Single Permit Directive, which allows for the portability of pensions for third-country nationals and their survivors in accordance with Regulation (EC) No 883/2004; calls on the current and upcoming EU presidencies, together with the Commission, to relaunch negotiations on the proposal for a directive on portability of supplementary pension rights;

| 80. | Stresses that the EU plays a pioneering role in the external dimension of social security coordination and is in a position to set global standards; |
| --- | --- |

80.

Stresses that the EU plays a pioneering role in the external dimension of social security coordination and is in a position to set global standards;

| 81. | Draws attention to the need for appropriate information systems to be developed for migrants, including, as regards access to relevant programmes and services, enabling potential migrants to make a proper assessment of the costs and benefits of migrating and helping them decide whether to do so; proposes that immigrants should be provided, immediately on arrival, with information concerning their legal position on return; calls for the MISSOC system (the EU’s Mutual Information System on Social Protection) to be used for this purpose; |
| --- | --- |

81.

Draws attention to the need for appropriate information systems to be developed for migrants, including, as regards access to relevant programmes and services, enabling potential migrants to make a proper assessment of the costs and benefits of migrating and helping them decide whether to do so; proposes that immigrants should be provided, immediately on arrival, with information concerning their legal position on return; calls for the MISSOC system (the EU’s Mutual Information System on Social Protection) to be used for this purpose;

| 82. | Calls on the Commission and the Member States to organise European and national information campaigns aimed at increasing the participation of migrant women in democratic life, and to organise and support exchange platforms for migrant women; |
| --- | --- |

82.

Calls on the Commission and the Member States to organise European and national information campaigns aimed at increasing the participation of migrant women in democratic life, and to organise and support exchange platforms for migrant women;

| 83. | Instructs its President to forward this resolution to the Council, the Commission, the Committee of the Regions, the European Economic and Social Committee and the national parliaments. |
| --- | --- |

83.

Instructs its President to forward this resolution to the Council, the Commission, the Committee of the Regions, the European Economic and Social Committee and the national parliaments.

---

(1)  CESE 638/2012 — SOC/449.

(2)  OJ L 251, 3.10.2003, p. 12.

(3)  OJ L 16, 23.1.2004, p. 44.

(4)  OJ L 343, 23.12.2011, p. 1.

(5)  OJ L 168, 30.6.2009, p. 24.

(6)  OJ L 155, 18.6.2009, p. 17.

(7)  OJ L 348, 24.12.2008, p. 98.,

(8)  OJ C 46 E, 24.2.2010, p. 48.

(9)  OJ C 303 E, 13.12.2006, p. 845.

(10)  OJ L 289, 3.11.2005, p. 15.

(11)  OJ L 303, 2.12.2000, p. 16.

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

(13)  OJ L 166, 30.4.2004, p. 1.

(14)  OJ L 344, 29.12.2010, p. 1.

(15)  European network of cities for local integration policies for migrants.

(16)  European Regional and Local Authorities for the integration of migrants.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/102 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/102

---

P7_TA(2013)0093

Asbestos-related occupational health threats and prospects for abolishing all existing asbestos

European Parliament resolution of 14 March 2013 on asbestos related occupational health threats and prospects for abolishing all existing asbestos (2012/2065(INI))

(2016/C 036/16)

The European Parliament,

| — | having regard to the Treaty on European Union, in particular the preamble and Articles 3 and 6 thereof, |
| --- | --- |

—

having regard to the Treaty on European Union, in particular the preamble and Articles 3 and 6 thereof,

| — | having regard to the Treaty on the Functioning of the European Union, in particular Articles 6, 9, 151, 153, 156 and 168 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union, in particular Articles 6, 9, 151, 153, 156 and 168 thereof,

| — | having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 1, 3, 6, 31, 37, 35 thereof, |
| --- | --- |

—

having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 1, 3, 6, 31, 37, 35 thereof,

| — | having regard to the ILO Resolution of 1 June 2006 concerning asbestos, |
| --- | --- |

—

having regard to the ILO Resolution of 1 June 2006 concerning asbestos,

| — | having regard to the ILO Convention of 16 June 1989 concerning Safety in the Use of Asbestos, |
| --- | --- |

—

having regard to the ILO Convention of 16 June 1989 concerning Safety in the Use of Asbestos,

| — | having regard to WHO declarations on asbestos, |
| --- | --- |

—

having regard to WHO declarations on asbestos,

| — | having regard to the Declaration on the Protection of Workers from the Dresden Asbestos Conference (2003), |
| --- | --- |

—

having regard to the Declaration on the Protection of Workers from the Dresden Asbestos Conference (2003),

| — | having regard to the Council Resolution of 29 June 1978 on an action programme of the European Communities on safety and health at work, in particular paragraph 4 (1), |
| --- | --- |

—

having regard to the Council Resolution of 29 June 1978 on an action programme of the European Communities on safety and health at work, in particular paragraph 4 (1),

| — | having regard to Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (the Framework Directive) (2), |
| --- | --- |

—

having regard to Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (the Framework Directive) (2),

| — | having regard to Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile work sites (3), |
| --- | --- |

—

having regard to Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile work sites (3),

| — | having regard to Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (4), |
| --- | --- |

—

having regard to Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (4),

| — | having regard to Commission Recommendation 90/326/EEC of 22 May 1990 to the Member States concerning the adoption of a European schedule of occupational diseases (5), |
| --- | --- |

—

having regard to Commission Recommendation 90/326/EEC of 22 May 1990 to the Member States concerning the adoption of a European schedule of occupational diseases (5),

| — | having regard to the Commission communication entitled ‘Improving quality and productivity at work: Community Strategy on Health and Safety at Work 2007-2012’ (COM(2007)0062), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Improving quality and productivity at work: Community Strategy on Health and Safety at Work 2007-2012’ (COM(2007)0062),

| — | having regard to the Commission staff working paper of 24 April 2011 entitled ‘Mid-term review of the European strategy 2007-2012 on health and safety at work’ (SEC(2011)0547), |
| --- | --- |

—

having regard to the Commission staff working paper of 24 April 2011 entitled ‘Mid-term review of the European strategy 2007-2012 on health and safety at work’ (SEC(2011)0547),

| — | having regard to its resolution of 15 January 2008 on the Community strategy 2007-2012 on health and safety at work (6), |
| --- | --- |

—

having regard to its resolution of 15 January 2008 on the Community strategy 2007-2012 on health and safety at work (6),

| — | having regard to its resolution of 7 May 2009 on draft Commission regulation amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), as regards Annex XVII (7), |
| --- | --- |

—

having regard to its resolution of 7 May 2009 on draft Commission regulation amending Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), as regards Annex XVII (7),

| — | having regard to its resolution of 15 December 2011 on the mid-term review of the European strategy 2007-2012 on health and safety at work (8), |
| --- | --- |

—

having regard to its resolution of 15 December 2011 on the mid-term review of the European strategy 2007-2012 on health and safety at work (8),

| — | having regard to the report of the Committee of Senior Labour Inspectors, SLIC, on the European Asbestos Campaign (2006), |
| --- | --- |

—

having regard to the report of the Committee of Senior Labour Inspectors, SLIC, on the European Asbestos Campaign (2006),

| — | having regard to the WHO report ‘Preventing Disease Through Healthy Environments: Action is needed on Chemicals of Major Public Health Concern’ (9), |
| --- | --- |

—

having regard to the WHO report ‘Preventing Disease Through Healthy Environments: Action is needed on Chemicals of Major Public Health Concern’ (9),

| — | having regard to Monograph 100C of the International Agency for Research on Cancer (IARC) entitled ‘Arsenic, Metals, Fibres, and Dusts: A Review of Human Carcinogens’ (2012) (10), |
| --- | --- |

—

having regard to Monograph 100C of the International Agency for Research on Cancer (IARC) entitled ‘Arsenic, Metals, Fibres, and Dusts: A Review of Human Carcinogens’ (2012) (10),

| — | having regard to the statement ‘Global Asbestos Ban and the Elimination of Asbestos-related Diseases’ by the International Commission on Occupational Health (ICOH) (11), |
| --- | --- |

—

having regard to the statement ‘Global Asbestos Ban and the Elimination of Asbestos-related Diseases’ by the International Commission on Occupational Health (ICOH) (11),

| — | having regard to the Commission’s Information Notices on Occupational Diseases — Guide to Diagnosis (2009) (12), |
| --- | --- |

—

having regard to the Commission’s Information Notices on Occupational Diseases — Guide to Diagnosis (2009) (12),

| — | having regard to Eurogip Enquiry Report 24/E (April 2006) entitled ‘Asbestos-related Occupational Diseases in Europe: Recognition — Figures — Specific systems’ (13), |
| --- | --- |

—

having regard to Eurogip Enquiry Report 24/E (April 2006) entitled ‘Asbestos-related Occupational Diseases in Europe: Recognition — Figures — Specific systems’ (13),

| — | having regard to Eurogip report 08-E (August 2004) entitled ‘Costs and funding of occupational diseases in Europe’ (14), |
| --- | --- |

—

having regard to Eurogip report 08-E (August 2004) entitled ‘Costs and funding of occupational diseases in Europe’ (14),

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

—

having regard to Rule 48 of its Rules of Procedure

| — | having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0025/2013), |
| --- | --- |

—

having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0025/2013),

| A. | whereas all types of asbestos are dangerous and its hazard impact has been documented and regulated; whereas most harmful health effects of inhaled asbestos fibres appear decades after exposure; |
| --- | --- |

A.

whereas all types of asbestos are dangerous and its hazard impact has been documented and regulated; whereas most harmful health effects of inhaled asbestos fibres appear decades after exposure;

| B. | whereas as early as 1977 a group of experts commissioned by the European Commission concluded: ‘There is no theoretical evidence for an exposure threshold below which cancers will not occur. A safe exposure level to asbestos has not been established’, whereas this opinion has been affirmed over the years by all relevant scientific advisory bodies, and whereas it is generally accepted by courts that there is no known threshold exposure to asbestos below which there is no risk; |
| --- | --- |

B.

whereas as early as 1977 a group of experts commissioned by the European Commission concluded: ‘There is no theoretical evidence for an exposure threshold below which cancers will not occur. A safe exposure level to asbestos has not been established’, whereas this opinion has been affirmed over the years by all relevant scientific advisory bodies, and whereas it is generally accepted by courts that there is no known threshold exposure to asbestos below which there is no risk;

| C. | whereas Directive 1999/77/EC states that ‘no threshold level of exposure has yet been identified below which chrysotile asbestos does not pose carcinogenic risks’ and that ‘an effective way of protecting human health is to prohibit the use of chrysotile asbestos fibres and products containing them’; |
| --- | --- |

C.

whereas Directive 1999/77/EC states that ‘no threshold level of exposure has yet been identified below which chrysotile asbestos does not pose carcinogenic risks’ and that ‘an effective way of protecting human health is to prohibit the use of chrysotile asbestos fibres and products containing them’;

| D. | whereas increased cancer risks have been observed in populations exposed to very low levels of asbestos fibres, including chrysotile fibres; |
| --- | --- |

D.

whereas increased cancer risks have been observed in populations exposed to very low levels of asbestos fibres, including chrysotile fibres;

| E. | whereas delivering asbestos waste to landfills would not appear to be the safest way of definitively eliminating the release of asbestos fibres into the environment (particularly into air and groundwater) and whereas therefore it would be far preferable to opt for asbestos inertisation plants; |
| --- | --- |

E.

whereas delivering asbestos waste to landfills would not appear to be the safest way of definitively eliminating the release of asbestos fibres into the environment (particularly into air and groundwater) and whereas therefore it would be far preferable to opt for asbestos inertisation plants;

| F. | whereas creating landfills for asbestos waste is only a temporary solution to the problem, which in this way is left to be dealt with by future generations, as asbestos fibres are virtually indestructible over time; |
| --- | --- |

F.

whereas creating landfills for asbestos waste is only a temporary solution to the problem, which in this way is left to be dealt with by future generations, as asbestos fibres are virtually indestructible over time;

| G. | whereas, despite the ban on the use of asbestos, it is still found in many ships, trains, machinery, bunkers, tunnels, galleries, pipes in public and private water distribution networks and especially in buildings, including many public and private buildings; |
| --- | --- |

G.

whereas, despite the ban on the use of asbestos, it is still found in many ships, trains, machinery, bunkers, tunnels, galleries, pipes in public and private water distribution networks and especially in buildings, including many public and private buildings;

| H. | whereas, despite the ban, existing market surveillance is unable to ensure that asbestos is not imported into European markets; |
| --- | --- |

H.

whereas, despite the ban, existing market surveillance is unable to ensure that asbestos is not imported into European markets;

| I. | whereas many Member States have provided training courses for demolition, building and maintenance workers and others who work with the removal of asbestos-containing materials (ACMs); |
| --- | --- |

I.

whereas many Member States have provided training courses for demolition, building and maintenance workers and others who work with the removal of asbestos-containing materials (ACMs);

| J. | whereas many workers are exposed to asbestos in their work, particularly in the maintenance and decontamination sectors; |
| --- | --- |

J.

whereas many workers are exposed to asbestos in their work, particularly in the maintenance and decontamination sectors;

| K. | whereas the aim should be job creation and the provision of workplace conditions which promote the health and well-being of individuals and, by extension, social progress as a result of their work; |
| --- | --- |

K.

whereas the aim should be job creation and the provision of workplace conditions which promote the health and well-being of individuals and, by extension, social progress as a result of their work;

| L. | whereas, in addition to the human dimension of inadequate health and safety at the workplace, this problem is also detrimental to the economy; more specifically, problems relating to health and safety at the workplace are an obstacle to growth and competitiveness while at the same time causing a disproportionate increase in social security costs; |
| --- | --- |

L.

whereas, in addition to the human dimension of inadequate health and safety at the workplace, this problem is also detrimental to the economy; more specifically, problems relating to health and safety at the workplace are an obstacle to growth and competitiveness while at the same time causing a disproportionate increase in social security costs;

| M. | whereas younger workers and construction workers do not necessarily recognise asbestos in buildings when performing refurbishment or demolition work, especially in many Member States which have long-standing asbestos bans; |
| --- | --- |

M.

whereas younger workers and construction workers do not necessarily recognise asbestos in buildings when performing refurbishment or demolition work, especially in many Member States which have long-standing asbestos bans;

| N. | whereas many ACMs have already been removed, sealed or encapsulated and many companies and building owners have documents precisely detailing asbestos removal sites; |
| --- | --- |

N.

whereas many ACMs have already been removed, sealed or encapsulated and many companies and building owners have documents precisely detailing asbestos removal sites;

| O. | whereas the removal of ACMs from buildings, especially in less economically developed Member States and rural areas, places a financial burden on building owners, and it should therefore continue to receive active support at national and EU level; |
| --- | --- |

O.

whereas the removal of ACMs from buildings, especially in less economically developed Member States and rural areas, places a financial burden on building owners, and it should therefore continue to receive active support at national and EU level;

| P. | whereas ACMs have a typical life cycle of 30 to 50 years; whereas this will lead to an increase in renovation and construction projects and therefore a rise in the number of workers being exposed; |
| --- | --- |

P.

whereas ACMs have a typical life cycle of 30 to 50 years; whereas this will lead to an increase in renovation and construction projects and therefore a rise in the number of workers being exposed;

| Q. | whereas the success of asbestos regulations in the Member States is limited by a lack of knowledge of the existence of ACMs and the associated risks, as well as a lack of vocational training and qualification of construction and maintenance workers, including construction professionals working incidentally with asbestos; |
| --- | --- |

Q.

whereas the success of asbestos regulations in the Member States is limited by a lack of knowledge of the existence of ACMs and the associated risks, as well as a lack of vocational training and qualification of construction and maintenance workers, including construction professionals working incidentally with asbestos;

| R. | whereas local communities lack expertise and have serious shortcomings in the execution of prevention, surveillance and enforcement tasks, which are often too fragmented; |
| --- | --- |

R.

whereas local communities lack expertise and have serious shortcomings in the execution of prevention, surveillance and enforcement tasks, which are often too fragmented;

| S. | whereas the location of ACMs is often hidden and/or unknown and knowledge about these locations is sharply decreasing over time; |
| --- | --- |

S.

whereas the location of ACMs is often hidden and/or unknown and knowledge about these locations is sharply decreasing over time;

| T. | whereas a mandatory asbestos audit of buildings, ships, trains, machinery, bunkers, tunnels, galleries, pipes in public and private water distribution networks and landfills would provide a solid and informed basis for national, regional and European removal programmes; |
| --- | --- |

T.

whereas a mandatory asbestos audit of buildings, ships, trains, machinery, bunkers, tunnels, galleries, pipes in public and private water distribution networks and landfills would provide a solid and informed basis for national, regional and European removal programmes;

| U. | whereas the EU has developed an ambitious policy for energy efficiency and the revised Energy Efficiency Directive is expected to establish a long-term strategy in each Member State for renovation of buildings, but this policy is not combined with asbestos removal strategies; |
| --- | --- |

U.

whereas the EU has developed an ambitious policy for energy efficiency and the revised Energy Efficiency Directive is expected to establish a long-term strategy in each Member State for renovation of buildings, but this policy is not combined with asbestos removal strategies;

| V. | whereas doubt as to whether asbestos is present or has been encapsulated or removed from specific buildings leads to possible conflict between employers and workers and whereas prior knowledge about the presence of asbestos will provide much safer work conditions, particularly during refurbishment work; |
| --- | --- |

V.

whereas doubt as to whether asbestos is present or has been encapsulated or removed from specific buildings leads to possible conflict between employers and workers and whereas prior knowledge about the presence of asbestos will provide much safer work conditions, particularly during refurbishment work;

| W. | whereas, in line with Directive 92/57/EEC (15), in dangerous situations facilities must be provided to enable working clothes to be kept in a place separate from workers’ own clothes and personal effects; |
| --- | --- |

W.

whereas, in line with Directive 92/57/EEC (15), in dangerous situations facilities must be provided to enable working clothes to be kept in a place separate from workers’ own clothes and personal effects;

| X. | whereas encapsulation or sealing of ACMs should only be allowed when materials are properly labelled with warnings; |
| --- | --- |

X.

whereas encapsulation or sealing of ACMs should only be allowed when materials are properly labelled with warnings;

| Y. | whereas three Member States still allow asbestos fibres in electrolysis cells while technical alternatives exist and have been successfully implemented in other countries; |
| --- | --- |

Y.

whereas three Member States still allow asbestos fibres in electrolysis cells while technical alternatives exist and have been successfully implemented in other countries;

| Z. | whereas there are still unacceptably high differences between Member States’ schedules for recognising occupational asbestos-related diseases; |
| --- | --- |

Z.

whereas there are still unacceptably high differences between Member States’ schedules for recognising occupational asbestos-related diseases;

| AA. | whereas underreporting of asbestos-related diseases is one of the main obstacles for the treatment of victims; |
| --- | --- |

AA.

whereas underreporting of asbestos-related diseases is one of the main obstacles for the treatment of victims;

| AB. | whereas national health surveillance programmes for workers exposed to asbestos diverge widely across the EU, especially regarding post-occupational medical supervision; |
| --- | --- |

AB.

whereas national health surveillance programmes for workers exposed to asbestos diverge widely across the EU, especially regarding post-occupational medical supervision;

| AC. | whereas asbestos exposure is a threat to the general population and causes diseases to a recognised extent (16); |
| --- | --- |

AC.

whereas asbestos exposure is a threat to the general population and causes diseases to a recognised extent (16);

| AD. | whereas according to WHO estimates, the number of cases of asbestos-related diseases in the EU is 20 000-30 000 per year and has not yet reached its peak; |
| --- | --- |

AD.

whereas according to WHO estimates, the number of cases of asbestos-related diseases in the EU is 20 000-30 000 per year and has not yet reached its peak;

| AE. | whereas due to the very long latency period and due to the lack of knowledge among medical staff, victims often do not receive timely and proper support from healthcare providers; |
| --- | --- |

AE.

whereas due to the very long latency period and due to the lack of knowledge among medical staff, victims often do not receive timely and proper support from healthcare providers;

| AF. | whereas Poland is the only Member State to have adopted an action plan for an asbestos-free country; |
| --- | --- |

AF.

whereas Poland is the only Member State to have adopted an action plan for an asbestos-free country;

| AG. | whereas labour inspections are being reduced in many Member States and whereas moves towards more deregulation increase the risks from asbestos; |
| --- | --- |

AG.

whereas labour inspections are being reduced in many Member States and whereas moves towards more deregulation increase the risks from asbestos;

| AH. | whereas many construction workers and building users remain unprotected against high levels of asbestos exposure; |
| --- | --- |

AH.

whereas many construction workers and building users remain unprotected against high levels of asbestos exposure;

| AI. | whereas, even with a ban, millions of tonnes of asbestos remain in buildings and there is no register of where it is located and how much asbestos needs to be removed; |
| --- | --- |

AI.

whereas, even with a ban, millions of tonnes of asbestos remain in buildings and there is no register of where it is located and how much asbestos needs to be removed;

| AJ. | whereas any new legislative proposal must take account of existing legislation at national and European level and must be preceded by a detailed assessment of its possible impact as well as by an analysis of its costs and benefits; |
| --- | --- |

AJ.

whereas any new legislative proposal must take account of existing legislation at national and European level and must be preceded by a detailed assessment of its possible impact as well as by an analysis of its costs and benefits;

Screening and registration of asbestos

| 1. | Calls on the EU to develop, implement and support a model for asbestos screening and registration in accordance with Article 11of Directive 2009/148/EC and to request owners of public or commercial buildings to:






  (a) | screen buildings for the presence of asbestos-containing materials; |
| --- | --- | --- |

1.

Calls on the EU to develop, implement and support a model for asbestos screening and registration in accordance with Article 11of Directive 2009/148/EC and to request owners of public or commercial buildings to:

(a)

screen buildings for the presence of asbestos-containing materials;

| (b) | prepare plans to manage the risks they present; |
| --- | --- |

(b)

prepare plans to manage the risks they present;

| (c) | ensure that such information is available to workers who may disturb such materials; |
| --- | --- |

(c)

ensure that such information is available to workers who may disturb such materials;

| (d) | in the case of Member States who already implement compulsory screening schemes, to increase the efficiency of such schemes; |
| --- | --- |

(d)

in the case of Member States who already implement compulsory screening schemes, to increase the efficiency of such schemes;

| 2. | Urges the EU to develop models for monitoring existing asbestos in private and public buildings including residential and non-residential housing, land, infrastructure, logistics and piping; |
| --- | --- |

2.

Urges the EU to develop models for monitoring existing asbestos in private and public buildings including residential and non-residential housing, land, infrastructure, logistics and piping;

| 3. | Calls on the EU to devise models for monitoring asbestos fibres in the air in the workplace, built-up areas and landfills, and fibres present in drinking water supplied through asbestos cement pipes; |
| --- | --- |

3.

Calls on the EU to devise models for monitoring asbestos fibres in the air in the workplace, built-up areas and landfills, and fibres present in drinking water supplied through asbestos cement pipes;

| 4. | Urges the EU to conduct an impact assessment and cost benefit analysis of the possibility of establishing action plans for the safe removal of asbestos from public buildings and buildings providing services which require regular public access by 2028, and to provide information and guidelines to encourage private house owners to effectively audit and risk-assess their premises for ACMs, following the example of Poland; in the case of comprehensive national withdrawal action plans, competent government ministers should coordinate the action, while the responsible authorities of the Member State should control the conformity of local withdrawal plans; |
| --- | --- |

4.

Urges the EU to conduct an impact assessment and cost benefit analysis of the possibility of establishing action plans for the safe removal of asbestos from public buildings and buildings providing services which require regular public access by 2028, and to provide information and guidelines to encourage private house owners to effectively audit and risk-assess their premises for ACMs, following the example of Poland; in the case of comprehensive national withdrawal action plans, competent government ministers should coordinate the action, while the responsible authorities of the Member State should control the conformity of local withdrawal plans;

| 5. | Urges the Commission to integrate the asbestos issue into other policies, such as EU policy on energy efficiency and on waste; |
| --- | --- |

5.

Urges the Commission to integrate the asbestos issue into other policies, such as EU policy on energy efficiency and on waste;

| 6. | Proposes the combining of a strategy for the renovation of buildings to make them more energy-efficient with a parallel gradual removal of all asbestos; |
| --- | --- |

6.

Proposes the combining of a strategy for the renovation of buildings to make them more energy-efficient with a parallel gradual removal of all asbestos;

| 7. | Urges the Commission to recommend the Member States develop public asbestos registers which would serve to provide relevant information on asbestos risks to workers and employers prior to renovation work being undertaken and complement existing health and safety protections required under EU law; |
| --- | --- |

7.

Urges the Commission to recommend the Member States develop public asbestos registers which would serve to provide relevant information on asbestos risks to workers and employers prior to renovation work being undertaken and complement existing health and safety protections required under EU law;

| 8. | Urges the Commission, in cooperation with the Member States, to ensure the effective and unhindered implementation of European asbestos legislation and to step up official inspections; |
| --- | --- |

8.

Urges the Commission, in cooperation with the Member States, to ensure the effective and unhindered implementation of European asbestos legislation and to step up official inspections;

| 9. | Calls on the Commission, in view of the lack of information for employers and staff regarding asbestos, to cooperate with the Member States and the relevant stakeholders, including the social partners, in creating and developing services providing advice and ongoing information; |
| --- | --- |

9.

Calls on the Commission, in view of the lack of information for employers and staff regarding asbestos, to cooperate with the Member States and the relevant stakeholders, including the social partners, in creating and developing services providing advice and ongoing information;

| 10. | Calls on the Commission, in cooperation with the national authorities, to provide the necessary support to ensure protection for the entire EU workforce, given that small and medium-sized enterprises, which employ most of the European workforce, are particularly exposed as regards to the implementation of health and safety legislation; |
| --- | --- |

10.

Calls on the Commission, in cooperation with the national authorities, to provide the necessary support to ensure protection for the entire EU workforce, given that small and medium-sized enterprises, which employ most of the European workforce, are particularly exposed as regards to the implementation of health and safety legislation;

| 11. | Urges the Member States to properly implement and observe the requirements of Directive 2009/148/EC and ensure that the responsible authorities of the Member States are duly informed about intended plans for work with ACMs; |
| --- | --- |

11.

Urges the Member States to properly implement and observe the requirements of Directive 2009/148/EC and ensure that the responsible authorities of the Member States are duly informed about intended plans for work with ACMs;

| 12. | Calls on the Secretaries General of the EU institutions to provide a complete register — which should be open to the public — of ACMs in EU buildings; calls on the EU institutions to lead by example by establishing public asbestos registers; |
| --- | --- |

12.

Calls on the Secretaries General of the EU institutions to provide a complete register — which should be open to the public — of ACMs in EU buildings; calls on the EU institutions to lead by example by establishing public asbestos registers;

| 13. | Urges the EU to make differentiation between friable and non-friable asbestos compulsory; |
| --- | --- |

13.

Urges the EU to make differentiation between friable and non-friable asbestos compulsory;

| 14. | Calls on the Commission to promote the establishment throughout the EU of centres for the treatment and inertisation of waste containing asbestos, combined with phasing out all delivery of such waste to landfills; |
| --- | --- |

14.

Calls on the Commission to promote the establishment throughout the EU of centres for the treatment and inertisation of waste containing asbestos, combined with phasing out all delivery of such waste to landfills;

Ensuring qualifications and training

| 15. | Calls on the Commission to establish a working group, together with the Member States, to develop minimum asbestos-specific qualifications for civil engineers, architects and employees of registered asbestos removal companies and to provide asbestos-specific qualifications for the training of other workers likely to be exposed to asbestos such as employees in the shipbuilding industry and farmers, with a strong focus on people in charge of removing asbestos on the ground, by strengthening their training, their protective equipment and the control of their activities by the responsible authorities of the Member States; |
| --- | --- |

15.

Calls on the Commission to establish a working group, together with the Member States, to develop minimum asbestos-specific qualifications for civil engineers, architects and employees of registered asbestos removal companies and to provide asbestos-specific qualifications for the training of other workers likely to be exposed to asbestos such as employees in the shipbuilding industry and farmers, with a strong focus on people in charge of removing asbestos on the ground, by strengthening their training, their protective equipment and the control of their activities by the responsible authorities of the Member States;

| 16. | Calls on the EU to draw up, together with the social partners and other stakeholders, programmes and awareness-raising activities on asbestos-related risks and the need for appropriate training for all staff likely to be affected by ACMs, in accordance with Article 14(1) of Directive 2009/148/EC, and to improve information about existing asbestos legislation and provide practical guides as to how to comply with it; |
| --- | --- |

16.

Calls on the EU to draw up, together with the social partners and other stakeholders, programmes and awareness-raising activities on asbestos-related risks and the need for appropriate training for all staff likely to be affected by ACMs, in accordance with Article 14(1) of Directive 2009/148/EC, and to improve information about existing asbestos legislation and provide practical guides as to how to comply with it;

| 17. | Underlines that training for anyone involved (employers, supervisors and workers) in work that may involve (or does involve) asbestos should cover: the properties of asbestos and its effects on health, including the synergistic effect of smoking; the types of materials or products that may contain asbestos and where they are likely to occur; how the condition of the material or products affects the ease of release of fibres; and what to do if materials suspected to contain asbestos are encountered; |
| --- | --- |

17.

Underlines that training for anyone involved (employers, supervisors and workers) in work that may involve (or does involve) asbestos should cover: the properties of asbestos and its effects on health, including the synergistic effect of smoking; the types of materials or products that may contain asbestos and where they are likely to occur; how the condition of the material or products affects the ease of release of fibres; and what to do if materials suspected to contain asbestos are encountered;

| 18. | Calls on the Commission, in cooperation with the Member States, to propose a specific directive with minimum requirements for the vocational training of construction and maintenance workers, including managers and construction professionals working incidentally with asbestos, as well as of employees at landfills for the disposal of waste containing asbestos and at centres specialising in the treatment, safe removal and disposal of asbestos waste, and also to work with and support the social partners and other stakeholders to improve implementation of Article 14(2) of Directive 2009/148/EC through raising awareness of the need for appropriate training and to develop information and materials to provide this; such training must be provided at regular intervals and at no cost to workers; |
| --- | --- |

18.

Calls on the Commission, in cooperation with the Member States, to propose a specific directive with minimum requirements for the vocational training of construction and maintenance workers, including managers and construction professionals working incidentally with asbestos, as well as of employees at landfills for the disposal of waste containing asbestos and at centres specialising in the treatment, safe removal and disposal of asbestos waste, and also to work with and support the social partners and other stakeholders to improve implementation of Article 14(2) of Directive 2009/148/EC through raising awareness of the need for appropriate training and to develop information and materials to provide this; such training must be provided at regular intervals and at no cost to workers;

| 19. | Calls on the EU through SLIC and national labour inspectorates to ensure that labour inspectors receive ACM training and that labour inspectors in the field receive proper protective equipment; |
| --- | --- |

19.

Calls on the EU through SLIC and national labour inspectorates to ensure that labour inspectors receive ACM training and that labour inspectors in the field receive proper protective equipment;

| 20. | Calls on the Member States to ensure that occupational physicians are properly trained so as to ensure that they know about asbestos and are hence able to provide the necessary information to the workforce under their supervision; |
| --- | --- |

20.

Calls on the Member States to ensure that occupational physicians are properly trained so as to ensure that they know about asbestos and are hence able to provide the necessary information to the workforce under their supervision;

Development of removal programmes

| 21. | Encourages the EU to work with the social partners and other stakeholders at European, national and regional levels to develop and share action plans for asbestos removal and management. These plans should include: proposals for legislation; education and information; training for public employees; national and international training; programmes to fund asbestos removal; awareness-raising activities relating to the removal of asbestos and products containing asbestos (including during removal from buildings), public amenities and sites of former asbestos factories; cleaning premises and building installations for the destruction of asbestos and asbestos-containing debris; monitoring of the effectiveness of existing legal requirements; exposure assessments of at-risk personnel; and health protection; |
| --- | --- |

21.

Encourages the EU to work with the social partners and other stakeholders at European, national and regional levels to develop and share action plans for asbestos removal and management. These plans should include: proposals for legislation; education and information; training for public employees; national and international training; programmes to fund asbestos removal; awareness-raising activities relating to the removal of asbestos and products containing asbestos (including during removal from buildings), public amenities and sites of former asbestos factories; cleaning premises and building installations for the destruction of asbestos and asbestos-containing debris; monitoring of the effectiveness of existing legal requirements; exposure assessments of at-risk personnel; and health protection;

| 22. | Calls on the Member States to move forward with the phasing-out of asbestos in the shortest possible timeframe; |
| --- | --- |

22.

Calls on the Member States to move forward with the phasing-out of asbestos in the shortest possible timeframe;

| 23. | Underlines the necessity of developing safe working procedures, including the correct use of personal protective equipment, for workers who may work near asbestos-containing materials; |
| --- | --- |

23.

Underlines the necessity of developing safe working procedures, including the correct use of personal protective equipment, for workers who may work near asbestos-containing materials;

| 24. | Calls on the Commission to undertake research to review the existing limit value for asbestos fibres; any lowering of the value, and the actual value set, must be based on robust scientific evidence; |
| --- | --- |

24.

Calls on the Commission to undertake research to review the existing limit value for asbestos fibres; any lowering of the value, and the actual value set, must be based on robust scientific evidence;

| 25. | Urges the EU to replace the phase-contrast optical microscopy (PCOM) method with the Accuracy of Transmission Electron Microscopy (ATEM), which is more accurate and provides for better detection of thin particles; |
| --- | --- |

25.

Urges the EU to replace the phase-contrast optical microscopy (PCOM) method with the Accuracy of Transmission Electron Microscopy (ATEM), which is more accurate and provides for better detection of thin particles;

| 26. | Calls on the EU to establish a roadmap for asbestos-free workplaces and an asbestos-free environment, based on the principles laid out by the WHO (17); |
| --- | --- |

26.

Calls on the EU to establish a roadmap for asbestos-free workplaces and an asbestos-free environment, based on the principles laid out by the WHO (17);

| 27. | Calls on the EU through SLIC and national labour inspectorates to ensure full enforcement of EU and national asbestos regulations; |
| --- | --- |

27.

Calls on the EU through SLIC and national labour inspectorates to ensure full enforcement of EU and national asbestos regulations;

| 28. | Calls on the Commission to include a coordinated strategy on asbestos in the upcoming Community Strategy for Health and Safety 2014-20 and to supply the European Agency for Safety and Health at Work with effective tools to improve the collection and dissemination of technical, scientific and economic information in the Member States and to facilitate the formulation and the implementation of national policies designed to protect the safety and health of workers; |
| --- | --- |

28.

Calls on the Commission to include a coordinated strategy on asbestos in the upcoming Community Strategy for Health and Safety 2014-20 and to supply the European Agency for Safety and Health at Work with effective tools to improve the collection and dissemination of technical, scientific and economic information in the Member States and to facilitate the formulation and the implementation of national policies designed to protect the safety and health of workers;

| 29. | Calls on the commission to review progress on the development of chrysotile-free diaphragms used in electrolysis installations, in accordance with REACH, Annex XVII, Part 6 and to ensure that substitution takes place before the end of the 10-year exemption period granted in 2009; |
| --- | --- |

29.

Calls on the commission to review progress on the development of chrysotile-free diaphragms used in electrolysis installations, in accordance with REACH, Annex XVII, Part 6 and to ensure that substitution takes place before the end of the 10-year exemption period granted in 2009;

| 30. | Calls on the EU to strengthen ex ante evaluations of substitution products for asbestos; |
| --- | --- |

30.

Calls on the EU to strengthen ex ante evaluations of substitution products for asbestos;

| 31. | Calls on the Commission to promote research and remediation activities aimed at hindering re-suspension of single fibres, and/or at destroying the fibre-like crystal lattice of asbestos; |
| --- | --- |

31.

Calls on the Commission to promote research and remediation activities aimed at hindering re-suspension of single fibres, and/or at destroying the fibre-like crystal lattice of asbestos;

| 32. | Points out that, as regards the management of asbestos waste, measures must also be taken — with the consensus of the populations concerned — to promote and support research into, and technologies using, eco-compatible alternatives, and to secure procedures, such as the inertisation of waste-containing asbestos, to deactivate active asbestos fibres and convert them into materials that do not pose public health risks; |
| --- | --- |

32.

Points out that, as regards the management of asbestos waste, measures must also be taken — with the consensus of the populations concerned — to promote and support research into, and technologies using, eco-compatible alternatives, and to secure procedures, such as the inertisation of waste-containing asbestos, to deactivate active asbestos fibres and convert them into materials that do not pose public health risks;

| 33. | Calls on the Commission and the Member States to strengthen the controls needed to oblige all stakeholders concerned, in particular those involved in asbestos waste treatment in landfills, to respect all the health provisions set out in Directive 2009/148/EC, and to ensure that all waste containing asbestos, irrespective of its fibre content, is classified as hazardous waste according to the updated Decision 2000/532/EC; stresses that such waste must be disposed of solely in dedicated hazardous-waste landfills, as provided for in Directive 1999/31/EC, or, when a permit is granted, be processed in dedicated, tested and secure treatment and inertisation plants, of which the population concerned shall be informed. |
| --- | --- |

33.

Calls on the Commission and the Member States to strengthen the controls needed to oblige all stakeholders concerned, in particular those involved in asbestos waste treatment in landfills, to respect all the health provisions set out in Directive 2009/148/EC, and to ensure that all waste containing asbestos, irrespective of its fibre content, is classified as hazardous waste according to the updated Decision 2000/532/EC; stresses that such waste must be disposed of solely in dedicated hazardous-waste landfills, as provided for in Directive 1999/31/EC, or, when a permit is granted, be processed in dedicated, tested and secure treatment and inertisation plants, of which the population concerned shall be informed.

Recognition of Asbestos-related Diseases

| 34. | Recognises that the two Recommendations on occupational diseases have not led to harmonised national standards and procedures in respect of identification, notification, recognition and compensation for asbestos-related diseases, and that national systems therefore still differ enormously; |
| --- | --- |

34.

Recognises that the two Recommendations on occupational diseases have not led to harmonised national standards and procedures in respect of identification, notification, recognition and compensation for asbestos-related diseases, and that national systems therefore still differ enormously;

| 35. | Urges the Commission to amend Recommendation 2003/670/EC to reflect the progress of medical research and to include cancers of the larynx and ovary as asbestos-related; |
| --- | --- |

35.

Urges the Commission to amend Recommendation 2003/670/EC to reflect the progress of medical research and to include cancers of the larynx and ovary as asbestos-related;

| 36. | Deplores the lack of information from several Member States that impedes a reliable prediction of mesothelioma mortality in Europe, when according to the World Health Organisation (WHO) between 20 000 and 30 000 cases of asbestos-related diseases are recorded every year in the EU alone and more than 300 000 citizens are expected to die from mesothelioma by 2030 in the EU; attaches, in this context, great importance to informing and training citizens and exchanges of best practices between Member States in the diagnosis of asbestos-related diseases; |
| --- | --- |

36.

Deplores the lack of information from several Member States that impedes a reliable prediction of mesothelioma mortality in Europe, when according to the World Health Organisation (WHO) between 20 000 and 30 000 cases of asbestos-related diseases are recorded every year in the EU alone and more than 300 000 citizens are expected to die from mesothelioma by 2030 in the EU; attaches, in this context, great importance to informing and training citizens and exchanges of best practices between Member States in the diagnosis of asbestos-related diseases;

| 37. | Stresses that all types of asbestos-related diseases such as lung cancer and pleural mesothelioma — caused by the inhalation of asbestos-suspended fibres thin enough to reach the alveoli and long enough to exceed the size of macrophages, as well as different types of cancer caused not only by the inhalation of airborne fibre but also by the ingestion of water containing such fibres coming from asbestos pipes — have been recognised as a health hazard and can take several decades, and in some cases more than 40 years, to become apparent; |
| --- | --- |

37.

Stresses that all types of asbestos-related diseases such as lung cancer and pleural mesothelioma — caused by the inhalation of asbestos-suspended fibres thin enough to reach the alveoli and long enough to exceed the size of macrophages, as well as different types of cancer caused not only by the inhalation of airborne fibre but also by the ingestion of water containing such fibres coming from asbestos pipes — have been recognised as a health hazard and can take several decades, and in some cases more than 40 years, to become apparent;

| 38. | Urges the Member States to ensure that all cases of asbestosis, mesothelioma and related diseases are registered by means of systematic data collection on occupational and non-occupational asbestos diseases, to categorise and officially register pleural plaques as an asbestos-related disease, and to provide, with the assistance of dedicated observatories, a reliable mapping of asbestos presence; stresses that such a register and map at EU level should include the exact location of public and private sites containing asbestos, as well as providing clear details of those landfills containing asbestos waste, so as to prevent ground in which such materials are buried from being disturbed unwittingly, and to contribute to prevention and remedial actions; |
| --- | --- |

38.

Urges the Member States to ensure that all cases of asbestosis, mesothelioma and related diseases are registered by means of systematic data collection on occupational and non-occupational asbestos diseases, to categorise and officially register pleural plaques as an asbestos-related disease, and to provide, with the assistance of dedicated observatories, a reliable mapping of asbestos presence; stresses that such a register and map at EU level should include the exact location of public and private sites containing asbestos, as well as providing clear details of those landfills containing asbestos waste, so as to prevent ground in which such materials are buried from being disturbed unwittingly, and to contribute to prevention and remedial actions;

| 39. | Calls on the Commission and the Member States to carry out action research into the scale and severity of the clinically measurable psychological impacts, in communities around the EU, of diseases solely attributable to exposure to asbestos (18); |
| --- | --- |

39.

Calls on the Commission and the Member States to carry out action research into the scale and severity of the clinically measurable psychological impacts, in communities around the EU, of diseases solely attributable to exposure to asbestos (18);

| 40. | Calls on insurance and compensation entities to adopt a common approach to recognition and compensation of asbestos-related occupational diseases; |
| --- | --- |

40.

Calls on insurance and compensation entities to adopt a common approach to recognition and compensation of asbestos-related occupational diseases;

| 41. | Calls for recognition procedures to be simplified and facilitated; |
| --- | --- |

41.

Calls for recognition procedures to be simplified and facilitated;

| 42. | Calls on the Commission to urgently put forward a proposal to amend Directive 2004/37/EC on the protection of workers from the risks related to carcinogens and mutagens at work, ensuring that the health of workers at risk of being exposed to carcinogens be protected and safeguarded through the promotion and exchange of best practices in prevention and diagnosis; |
| --- | --- |

42.

Calls on the Commission to urgently put forward a proposal to amend Directive 2004/37/EC on the protection of workers from the risks related to carcinogens and mutagens at work, ensuring that the health of workers at risk of being exposed to carcinogens be protected and safeguarded through the promotion and exchange of best practices in prevention and diagnosis;

| 43. | Calls on the EU to ensure that all asbestos-related diseases, including pleural plaques, are recognised as an occupational disease; |
| --- | --- |

43.

Calls on the EU to ensure that all asbestos-related diseases, including pleural plaques, are recognised as an occupational disease;

| 44. | Recognises that, due to very long latency periods, asbestos victims are often unable to substantiate the causality of their occupational asbestos exposures; |
| --- | --- |

44.

Recognises that, due to very long latency periods, asbestos victims are often unable to substantiate the causality of their occupational asbestos exposures;

| 45. | Calls on the Member States not to place the burden of proof on asbestos victims but to establish wider rights to claim compensation as proposed in Commission Recommendation 2003/670/EC (19); |
| --- | --- |

45.

Calls on the Member States not to place the burden of proof on asbestos victims but to establish wider rights to claim compensation as proposed in Commission Recommendation 2003/670/EC (19);

| 46. | Calls on the EU to recommend Member States to take steps to ensure that all cases of asbestos-related occupational disease are identified, reported to the competent authority and examined by experts; |
| --- | --- |

46.

Calls on the EU to recommend Member States to take steps to ensure that all cases of asbestos-related occupational disease are identified, reported to the competent authority and examined by experts;

| 47. | Calls for offenders to be prosecuted and punished, and therefore for any obstacles to such action which may be contained in national criminal law to be surveyed and abolished; |
| --- | --- |

47.

Calls for offenders to be prosecuted and punished, and therefore for any obstacles to such action which may be contained in national criminal law to be surveyed and abolished;

| 48. | Calls on the Commission to disseminate best practices on national guidelines and practices for national procedures for the recognition of asbestos-related diseases; |
| --- | --- |

48.

Calls on the Commission to disseminate best practices on national guidelines and practices for national procedures for the recognition of asbestos-related diseases;

| 49. | Calls on the Commission to support the exchange of best practices for the training of medical staff in the diagnosis of asbestos-related diseases; |
| --- | --- |

49.

Calls on the Commission to support the exchange of best practices for the training of medical staff in the diagnosis of asbestos-related diseases;

| 50. | Calls on the relevant agencies of the EU — with the help of independent medical and technical experts — to delineate the scientific proof required to prove that certain working conditions have induced asbestos-related disease; |
| --- | --- |

50.

Calls on the relevant agencies of the EU — with the help of independent medical and technical experts — to delineate the scientific proof required to prove that certain working conditions have induced asbestos-related disease;

Support for Asbestos Victims’ Groups

| 51. | Calls on the Commission to support conferences which provide asbestos victims’ groups with professional advice, and which provide support for their members; |
| --- | --- |

51.

Calls on the Commission to support conferences which provide asbestos victims’ groups with professional advice, and which provide support for their members;

| 52. | Calls on the Commission to support an EU network of asbestos victims; |
| --- | --- |

52.

Calls on the Commission to support an EU network of asbestos victims;

Strategies for a global ban of asbestos

| 53. | Underlines that, regardless of the source of exposure or the employment status of the person exposed, all EU asbestos victims and their relatives deserve the right to receive swift and appropriate medical treatment and adequate financial support from their national health schemes; |
| --- | --- |

53.

Underlines that, regardless of the source of exposure or the employment status of the person exposed, all EU asbestos victims and their relatives deserve the right to receive swift and appropriate medical treatment and adequate financial support from their national health schemes;

| 54. | Calls on the EU to work with international organisations to pioneer instruments to label the asbestos market as a toxic trade; |
| --- | --- |

54.

Calls on the EU to work with international organisations to pioneer instruments to label the asbestos market as a toxic trade;

| 55. | Calls, more generally, for the concept of health and safety of employees to be taken into account by national law and to constitute a performance obligation for employers with reference to Framework Directive 89/391/EEC; |
| --- | --- |

55.

Calls, more generally, for the concept of health and safety of employees to be taken into account by national law and to constitute a performance obligation for employers with reference to Framework Directive 89/391/EEC;

| 56. | Calls on the EU to make the listing of chrysotile in Annex III of the Rotterdam Convention a top priority; |
| --- | --- |

56.

Calls on the EU to make the listing of chrysotile in Annex III of the Rotterdam Convention a top priority;

| 57. | Calls on the EU to address the unacceptable dumping of asbestos on developing countries at forums where trade agreements are being discussed, in particular at the WTO, and to exert diplomatic and financial pressure on asbestos-exporting countries to shut down asbestos mining industries and to stop the illegal and unethical practice of exporting end-of-life ships containing asbestos; |
| --- | --- |

57.

Calls on the EU to address the unacceptable dumping of asbestos on developing countries at forums where trade agreements are being discussed, in particular at the WTO, and to exert diplomatic and financial pressure on asbestos-exporting countries to shut down asbestos mining industries and to stop the illegal and unethical practice of exporting end-of-life ships containing asbestos;

| 58. | Calls on the EU, in cooperation with the World Health Organisation, third countries and other international bodies, to promote worldwide high levels of health and safety at the workplace, for example by identifying asbestos-related problems and promoting solutions conducive to health protection; |
| --- | --- |

58.

Calls on the EU, in cooperation with the World Health Organisation, third countries and other international bodies, to promote worldwide high levels of health and safety at the workplace, for example by identifying asbestos-related problems and promoting solutions conducive to health protection;

| 59. | Calls on the EU to develop and support the export of non-asbestos technologies, and of knowledge of asbestos, to developing countries; |
| --- | --- |

59.

Calls on the EU to develop and support the export of non-asbestos technologies, and of knowledge of asbestos, to developing countries;

| 60. | Condemns European financial investment in global asbestos industries; |
| --- | --- |

60.

Condemns European financial investment in global asbestos industries;

| 61. | Calls on the Commission to ensure that vessels carrying asbestos as cargo in transit can neither dock nor use port facilities or temporary storage within the EU; |
| --- | --- |

61.

Calls on the Commission to ensure that vessels carrying asbestos as cargo in transit can neither dock nor use port facilities or temporary storage within the EU;

o

o o

| 62. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

62.

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

---

(1)  ‘Develop a preventive and protective action for substances recognized as being carcinogenic, by fixing exposure limits, sampling requirements and measuring methods, and satisfactory conditions of hygiene at the work place, and by specifying prohibitions where necessary.’

(2)  OJ L 183, 29.6.1989, p. 1.

(3)  OJ L 245, 26.8.1992, p. 6.

(4)  OJ L 330, 16.12.2009, p. 28.

(5)  OJ L 160, 26.6.1990, p. 39.

(6)  OJ C 41 E, 19.2.2009, p. 14.

(7)  OJ C 212 E, 5.8.2010, p. 106.

(8)  Texts adopted, P7_TA(2011)0589.

(9)  http://www.who.int/ipcs/features/10chemicals_en.pdf

(10)  http://monographs.iarc.fr/ENG/Monographs/vol100C/mono100C.pdf

(11)  http://www.icohweb.org/site_new/multimedia/news/pdf/ICOH%20Statement%20on%20global%20asbestos%20ban.pdf

(12)  http://ec.europa.eu/social/BlobServlet?docId=3155&langId=en

(13)  http://www.eurogip.fr/en/docs/EUROGIP-24E-AsbestosOccDiseases.pdf

(14)  http://www.europeanforum.org/pdf/Eurogip-08_E-cost.pdf

(15)  Directive 92/57/EEC: Annex IV PART A GENERAL MINIMUM REQUIREMENTS FOR ON-SITE WORKPLACES 14.1.2 If circumstances so require (e.g. dangerous substances, humidity, dirt), facilities must be provided to enable working clothes to be kept in a place separate from workers’ own clothes and personal effects.

(16)  A parliamentary committee concluded in 1978 after an 18-month investigatory period that asbestos presented ‘a danger both to workers in the asbestos industry and to those exposed in other situations’ (European Parliament 1978).

(17)  WHO — ‘Global Health Risks: Mortality and burden of disease attributable to selected major risks’ — http://www.who.int/healthinfo/global_burden_disease/GlobalHealthRisks_report_full.pdf and http://www.who.int/ipcs/assessment/public_health/asbestos/en/

(18)  For both victims and their families, mesothelioma is extremely difficult to cope with, not least from a psychological point of view. Research carried out in Casale Monferrato by the University of Turin (Professor A. Granieri) has found that mesothelioma sufferers and their families show various psychological symptoms that come within the scientifically accepted definition of post-traumatic stress disorder (PTSD).

(19)  OJ L 238, 25.9.2003, p. 28.

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| 29.1.2016 | EN | Official Journal of the European Union | C 36/111 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/111

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P7_TA(2013)0094

Statute for a European mutual society

European Parliament resolution of 14 March 2013 with recommendations to the Commission on the Statute for a European mutual society (2012/2039(INL))

(2016/C 036/17)

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 225 of the Treaty on the Functioning of the European Union,

| — | having regard to the Commission proposal for a Council Regulation on the Statute for a European mutual society (COM(1991)0273) and the amended proposal (COM(1993)0252), |
| --- | --- |

—

having regard to the Commission proposal for a Council Regulation on the Statute for a European mutual society (COM(1991)0273) and the amended proposal (COM(1993)0252),

| — | having regard to the Commission communication of 27 September 2005 on the outcome of the screening of legislative proposals pending before the Legislator (COM(2005)0462), |
| --- | --- |

—

having regard to the Commission communication of 27 September 2005 on the outcome of the screening of legislative proposals pending before the Legislator (COM(2005)0462),

| — | having regard to the Commission communication of 13 April 2011 entitled ‘Single Market Act — Twelve levers to boost growth and strengthen confidence — Working together to create new growth’ (COM(2011)0206), |
| --- | --- |

—

having regard to the Commission communication of 13 April 2011 entitled ‘Single Market Act — Twelve levers to boost growth and strengthen confidence — Working together to create new growth’ (COM(2011)0206),

| — | having regard to the Commission communication of 25 October 2011 entitled ‘Social Business Initiative — Creating a favourable climate for social enterprises, key stakeholders in the social economy and innovation’ (COM(2011)0682), |
| --- | --- |

—

having regard to the Commission communication of 25 October 2011 entitled ‘Social Business Initiative — Creating a favourable climate for social enterprises, key stakeholders in the social economy and innovation’ (COM(2011)0682),

| — | having regard to its resolution of 16 May 2006 on the outcome of the screening of legislative proposals pending before the Legislator (1), |
| --- | --- |

—

having regard to its resolution of 16 May 2006 on the outcome of the screening of legislative proposals pending before the Legislator (1),

| — | having regard to its resolution of 4 July 2006 on recent developments and prospects in relation to company law (2), |
| --- | --- |

—

having regard to its resolution of 4 July 2006 on recent developments and prospects in relation to company law (2),

| — | having regard to its resolution of 19 February 2009 on Social Economy (3), |
| --- | --- |

—

having regard to its resolution of 19 February 2009 on Social Economy (3),

| — | having regard to its resolution of 23 November 2010 on civil law, commercial law, family law and private international law aspects of the Action Plan Implementing the Stockholm Programme (4), |
| --- | --- |

—

having regard to its resolution of 23 November 2010 on civil law, commercial law, family law and private international law aspects of the Action Plan Implementing the Stockholm Programme (4),

| — | having regard to its declaration of 10 March 2011 on establishing European statutes for mutual societies, associations and foundations (5), |
| --- | --- |

—

having regard to its declaration of 10 March 2011 on establishing European statutes for mutual societies, associations and foundations (5),

| — | having regard to its resolution of 14 June 2012 on the future of European company law (6), |
| --- | --- |

—

having regard to its resolution of 14 June 2012 on the future of European company law (6),

| — | having regard to the European Added Value Assessment on a statute for European mutual societies, presented by the European Added Value Unit to the Committee on Legal Affairs on 21 January 2013 (7), |
| --- | --- |

—

having regard to the European Added Value Assessment on a statute for European mutual societies, presented by the European Added Value Unit to the Committee on Legal Affairs on 21 January 2013 (7),

| — | having regard to Rules 42 and 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 42 and 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0018/2013), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0018/2013),

| A. | whereas the Commission withdrew its draft proposal for a Regulation on the Statute for a European mutual society in March 2006; |
| --- | --- |

A.

whereas the Commission withdrew its draft proposal for a Regulation on the Statute for a European mutual society in March 2006;

| B. | whereas a Regulation on the Statute for a European Cooperative Society (SCE) (8) was adopted in 2003 and whereas on 8 February 2012 the Commission presented a proposal for a Council Regulation on the Statute for a European Foundation (FE); |
| --- | --- |

B.

whereas a Regulation on the Statute for a European Cooperative Society (SCE) (8) was adopted in 2003 and whereas on 8 February 2012 the Commission presented a proposal for a Council Regulation on the Statute for a European Foundation (FE);

| C. | whereas the study commissioned by Parliament's Committee on Employment and Social Affairs in 2011 gave a clear presentation of the social, political and economic implications of an intervention by the Union in the field of mutual societies; |
| --- | --- |

C.

whereas the study commissioned by Parliament's Committee on Employment and Social Affairs in 2011 gave a clear presentation of the social, political and economic implications of an intervention by the Union in the field of mutual societies;

| D. | whereas in recent years Parliament has adopted several resolutions calling for the adoption of a regulation on the statute for a European mutual society; whereas it is regrettable that the Commission, having withdrawn its proposal for a statute for a European mutual society in 2006, has not brought forward any new proposals which would give mutual societies a suitable legal instrument to facilitate their cross-border activities; |
| --- | --- |

D.

whereas in recent years Parliament has adopted several resolutions calling for the adoption of a regulation on the statute for a European mutual society; whereas it is regrettable that the Commission, having withdrawn its proposal for a statute for a European mutual society in 2006, has not brought forward any new proposals which would give mutual societies a suitable legal instrument to facilitate their cross-border activities;

| E. | whereas the Commission has undertaken to review some of the previous proposals on the statute for a European mutual society and to reconsider the need for legislative intervention with a view to a comprehensive impact assessment; whereas Parliament welcomes the study which the Commission has commissioned in this context on the current situation and prospects of mutual societies in the Union, which explores the difficulties confronting mutual societies on account of the lack of existing legal frameworks in certain Member States and the problems concerning the creation of new mutual societies due to capital requirements and the lack of solutions for grouping; whereas the Commission should propose adequate solutions to those problems in order to better recognise the contribution made by mutual societies to the social economy, including a statute; |
| --- | --- |

E.

whereas the Commission has undertaken to review some of the previous proposals on the statute for a European mutual society and to reconsider the need for legislative intervention with a view to a comprehensive impact assessment; whereas Parliament welcomes the study which the Commission has commissioned in this context on the current situation and prospects of mutual societies in the Union, which explores the difficulties confronting mutual societies on account of the lack of existing legal frameworks in certain Member States and the problems concerning the creation of new mutual societies due to capital requirements and the lack of solutions for grouping; whereas the Commission should propose adequate solutions to those problems in order to better recognise the contribution made by mutual societies to the social economy, including a statute;

| F. | whereas the Commission has laudably recognised the need for a statute and is committed to delivering better legislation for social economy organisations (including mutual societies), while stressing that mutual societies must be able to operate across borders as a contribution to the European effort to ‘boost growth and strengthen confidence’ in the European Economic Area (9); |
| --- | --- |

F.

whereas the Commission has laudably recognised the need for a statute and is committed to delivering better legislation for social economy organisations (including mutual societies), while stressing that mutual societies must be able to operate across borders as a contribution to the European effort to ‘boost growth and strengthen confidence’ in the European Economic Area (9);

| G. | whereas it is to be hoped, therefore, that this European statute will be ambitious and innovative, with a view to protecting workers and their families when they move within the Union; |
| --- | --- |

G.

whereas it is to be hoped, therefore, that this European statute will be ambitious and innovative, with a view to protecting workers and their families when they move within the Union;

| H. | whereas mutual societies are voluntary groups of natural or legal persons whose purpose is to meet the needs of their members rather than to achieve a return on investment; whereas they operate according to the principles of voluntary and open membership and solidarity between members, and are managed according to democratic principles (such as the one member/one vote principle for mutual societies composed of individual persons), thereby contributing to responsible and sustainable management; |
| --- | --- |

H.

whereas mutual societies are voluntary groups of natural or legal persons whose purpose is to meet the needs of their members rather than to achieve a return on investment; whereas they operate according to the principles of voluntary and open membership and solidarity between members, and are managed according to democratic principles (such as the one member/one vote principle for mutual societies composed of individual persons), thereby contributing to responsible and sustainable management;

| I. | whereas, due to their diversity, mutual societies in Europe exist within a very diverse framework, as regards the services provided by them, or their dimension, or their mission, or their geographical impact; |
| --- | --- |

I.

whereas, due to their diversity, mutual societies in Europe exist within a very diverse framework, as regards the services provided by them, or their dimension, or their mission, or their geographical impact;

| J. | whereas two main types of mutual societies exist in Europe, namely ‘mutual benefit’ (or ‘health providence’) societies and ‘mutual insurance’ societies; whereas ‘mutual benefit’ societies provide welfare coverage which is supplementary to, complementary to or integrated into statutory social protection systems; whereas ‘mutual insurance’ societies can cover all types of property and life risks, and whereas in some Member States mutual societies can even provide services in other fields, such as housing or credit; |
| --- | --- |

J.

whereas two main types of mutual societies exist in Europe, namely ‘mutual benefit’ (or ‘health providence’) societies and ‘mutual insurance’ societies; whereas ‘mutual benefit’ societies provide welfare coverage which is supplementary to, complementary to or integrated into statutory social protection systems; whereas ‘mutual insurance’ societies can cover all types of property and life risks, and whereas in some Member States mutual societies can even provide services in other fields, such as housing or credit;

| K. | whereas, despite their diversity, mutual societies organise services and provisions in the interest of their members on a basis of solidarity and in a collectively financed manner; whereas they organise themselves democratically and use the surplus from their activities for the benefit of their members; |
| --- | --- |

K.

whereas, despite their diversity, mutual societies organise services and provisions in the interest of their members on a basis of solidarity and in a collectively financed manner; whereas they organise themselves democratically and use the surplus from their activities for the benefit of their members;

| L. | whereas the Union, with the objective of ensuring equal terms of competition and of contributing to its economic development, should provide mutual societies, which are a form of organisation recognised in most Member States, with adequate legal instruments capable of facilitating the development of their cross-border activities and allowing them to benefit from the internal market; |
| --- | --- |

L.

whereas the Union, with the objective of ensuring equal terms of competition and of contributing to its economic development, should provide mutual societies, which are a form of organisation recognised in most Member States, with adequate legal instruments capable of facilitating the development of their cross-border activities and allowing them to benefit from the internal market;

| M. | whereas mutual societies play a major role in the Union's economy by providing health care, social services and affordable insurance services to more than 160 million European citizens; whereas they represent more than EUR 180 billion in insurance premiums and employ over 350 000 people; |
| --- | --- |

M.

whereas mutual societies play a major role in the Union's economy by providing health care, social services and affordable insurance services to more than 160 million European citizens; whereas they represent more than EUR 180 billion in insurance premiums and employ over 350 000 people;

| N. | whereas mutual societies facilitate access to care and social inclusion and participate fully in the provision of services of general interest within the Union; |
| --- | --- |

N.

whereas mutual societies facilitate access to care and social inclusion and participate fully in the provision of services of general interest within the Union;

| O. | whereas in 2010 some 12,3 million European citizens, or 2,5 % of the Union’s active population, were working in another Member State; |
| --- | --- |

O.

whereas in 2010 some 12,3 million European citizens, or 2,5 % of the Union’s active population, were working in another Member State;

| P. | whereas in some Member States statutory health insurance funds are prohibited from operating as private-sector companies; |
| --- | --- |

P.

whereas in some Member States statutory health insurance funds are prohibited from operating as private-sector companies;

| Q. | whereas mutual societies represent 25 % of the insurance market and 70 % of the total number of undertakings in the industry; whereas mutual societies cannot continue to be forgotten by the single market (10) and should be given a European statute to place them on an equal footing with other forms of undertaking in the Union; whereas the diversity of forms of entrepreneurship is an asset that should be fully recognised and encouraged; |
| --- | --- |

Q.

whereas mutual societies represent 25 % of the insurance market and 70 % of the total number of undertakings in the industry; whereas mutual societies cannot continue to be forgotten by the single market (10) and should be given a European statute to place them on an equal footing with other forms of undertaking in the Union; whereas the diversity of forms of entrepreneurship is an asset that should be fully recognised and encouraged;

| R. | whereas mutual societies play or should play an important role in the Member States' economies, given that they contribute to the Union's strategic objectives — confirmed by demographic trends — of ensuring inclusive growth with access to basic resources, to social rights and services for all, and to adequate health and long-term care, on the basis of solidarity, affordability, non-discrimination and non-exclusion and the guarantee that the need of elderly persons for additional care will not lead them into poverty and financial dependency; |
| --- | --- |

R.

whereas mutual societies play or should play an important role in the Member States' economies, given that they contribute to the Union's strategic objectives — confirmed by demographic trends — of ensuring inclusive growth with access to basic resources, to social rights and services for all, and to adequate health and long-term care, on the basis of solidarity, affordability, non-discrimination and non-exclusion and the guarantee that the need of elderly persons for additional care will not lead them into poverty and financial dependency;

| S. | whereas mutual societies are particularly active in the areas of health, long-term care, pensions and social services including the needs of an ageing population; whereas the involvement of mutual societies as major stakeholders is crucial for the long-lasting future of social protection, given that population ageing currently poses major challenges in Europe, placing a particular strain on national budget balances and risking putting public expenditure on social protection under pressure; and whereas mutual societies, whilst able to play an important role in proposing socially responsible pension schemes in the private sector, cannot replace a strong first pillar of the pension system; |
| --- | --- |

S.

whereas mutual societies are particularly active in the areas of health, long-term care, pensions and social services including the needs of an ageing population; whereas the involvement of mutual societies as major stakeholders is crucial for the long-lasting future of social protection, given that population ageing currently poses major challenges in Europe, placing a particular strain on national budget balances and risking putting public expenditure on social protection under pressure; and whereas mutual societies, whilst able to play an important role in proposing socially responsible pension schemes in the private sector, cannot replace a strong first pillar of the pension system;

| T. | whereas the private sector is called upon to contribute in finding solutions to the challenges of the reform of the Union's welfare systems and the social economy; whereas, more specifically, mutual societies have a natural role to play as stakeholders in the attainment of this goal; |
| --- | --- |

T.

whereas the private sector is called upon to contribute in finding solutions to the challenges of the reform of the Union's welfare systems and the social economy; whereas, more specifically, mutual societies have a natural role to play as stakeholders in the attainment of this goal;

| U. | whereas mutual societies, with their core values of solidarity, democratic governance and an absence of shareholders, operate for the benefit of their members and hence, by their nature, in a socially responsible way; |
| --- | --- |

U.

whereas mutual societies, with their core values of solidarity, democratic governance and an absence of shareholders, operate for the benefit of their members and hence, by their nature, in a socially responsible way;

| V. | whereas the values of mutual societies correspond to the fundamental principles of the European social model; whereas, as well as being based on values of solidarity, mutual societies are major operators in the social market economy of the Union and should be given greater recognition, particularly by establishing a European statute; |
| --- | --- |

V.

whereas the values of mutual societies correspond to the fundamental principles of the European social model; whereas, as well as being based on values of solidarity, mutual societies are major operators in the social market economy of the Union and should be given greater recognition, particularly by establishing a European statute;

| W. | whereas the increase in expenditure on health care and pensions could have significant consequences for the continuity and cover of the current social protection schemes; whereas mutual societies promote key values of the welfare state such as solidarity, non-discrimination, equal access and high quality of social services in the private sector; whereas the enhancement of mutual societies’ contribution to the European social market economy should not take place at the expense of Member States’ action on social protection; whereas, however, that voluntary social protection must not replace statutory social security; whereas the diversity of social protection systems, some of them borne fully by the state, some by the mutual societies and some on a shared basis between the two, should be respected; whereas the statute for a European mutual society is essential but must not be used to make up for Member States’ deficiencies in terms of social protection; |
| --- | --- |

W.

whereas the increase in expenditure on health care and pensions could have significant consequences for the continuity and cover of the current social protection schemes; whereas mutual societies promote key values of the welfare state such as solidarity, non-discrimination, equal access and high quality of social services in the private sector; whereas the enhancement of mutual societies’ contribution to the European social market economy should not take place at the expense of Member States’ action on social protection; whereas, however, that voluntary social protection must not replace statutory social security; whereas the diversity of social protection systems, some of them borne fully by the state, some by the mutual societies and some on a shared basis between the two, should be respected; whereas the statute for a European mutual society is essential but must not be used to make up for Member States’ deficiencies in terms of social protection;

| X. | whereas it is to be hoped that it will be made easier for all workers, in particular workers in small businesses, to join a mutual society, and that they will be encouraged to do so; |
| --- | --- |

X.

whereas it is to be hoped that it will be made easier for all workers, in particular workers in small businesses, to join a mutual society, and that they will be encouraged to do so;

| Y. | whereas it is to be hoped that, in that case, a worker’s membership of a system of mutual societies will be encouraged by exemptions from social security contributions or by tax relief; |
| --- | --- |

Y.

whereas it is to be hoped that, in that case, a worker’s membership of a system of mutual societies will be encouraged by exemptions from social security contributions or by tax relief;

| Z. | whereas mutual societies, given the challenges which governments face in relation to social protection, could help to provide an affordable safety net for those at risk; whereas mutual societies offer additional and affordable opportunities for Union citizens; |
| --- | --- |

Z.

whereas mutual societies, given the challenges which governments face in relation to social protection, could help to provide an affordable safety net for those at risk; whereas mutual societies offer additional and affordable opportunities for Union citizens;

| Aa. | whereas certain mutual societies have a very strong voluntary component and whereas this volunteer ethos must be preserved and facilitated; |
| --- | --- |

Aa.

whereas certain mutual societies have a very strong voluntary component and whereas this volunteer ethos must be preserved and facilitated;

| Ab. | whereas in some Member States, alongside insurance services, mutual societies provide low- or zero-interest loan services to their members; |
| --- | --- |

Ab.

whereas in some Member States, alongside insurance services, mutual societies provide low- or zero-interest loan services to their members;

| Ac. | whereas the added value of mutual societies compared to their commercially driven counterparts will be even stronger at the Union level, taking into account their economic weight and the positive impact of a Union-wide playing field; |
| --- | --- |

Ac.

whereas the added value of mutual societies compared to their commercially driven counterparts will be even stronger at the Union level, taking into account their economic weight and the positive impact of a Union-wide playing field;

| Ad. | whereas the social economy — and mutual societies in particular — plays an essential role in the Union economy, by combining profitability with solidarity, creating high-quality jobs and local jobs, strengthening social, economic and regional cohesion, generating social capital and promoting active citizenship, solidarity-based social welfare and a type of economy with democratic values which puts people first and supports sustainable development and social, environmental and technological innovation; |
| --- | --- |

Ad.

whereas the social economy — and mutual societies in particular — plays an essential role in the Union economy, by combining profitability with solidarity, creating high-quality jobs and local jobs, strengthening social, economic and regional cohesion, generating social capital and promoting active citizenship, solidarity-based social welfare and a type of economy with democratic values which puts people first and supports sustainable development and social, environmental and technological innovation;

| Ae. | whereas mutual societies have a role to play in meeting these challenges alongside the private sector and must, in order to do so, be able to compete on equal terms with other forms of undertaking in the Union; whereas the existing European statutes, such as those for the European cooperative (SCE) or the European company (SE), are not suitable for mutual societies due to the differences between their governance models; |
| --- | --- |

Ae.

whereas mutual societies have a role to play in meeting these challenges alongside the private sector and must, in order to do so, be able to compete on equal terms with other forms of undertaking in the Union; whereas the existing European statutes, such as those for the European cooperative (SCE) or the European company (SE), are not suitable for mutual societies due to the differences between their governance models;

| Af. | whereas the gap in Union legislation is regrettable, as mutual societies are not specifically mentioned in the treaties and respect for their business models is not covered by any secondary legislation, which refers only to public and private enterprises, thereby undermining the status of mutual societies, their development and the establishment of cross-border groups; |
| --- | --- |

Af.

whereas the gap in Union legislation is regrettable, as mutual societies are not specifically mentioned in the treaties and respect for their business models is not covered by any secondary legislation, which refers only to public and private enterprises, thereby undermining the status of mutual societies, their development and the establishment of cross-border groups;

| Ag. | whereas the European statute for a mutual society is essential for achieving better integration in the single market, for enhancing awareness of the specific qualities of mutual societies and for enabling them to make a greater contribution to achieving the growth and employment objectives of the Europe 2020 strategy; whereas a European statute would also facilitate the mobility of European citizens by enabling mutual societies to provide services in several Member States and thus create greater continuity and coherence in the single market; |
| --- | --- |

Ag.

whereas the European statute for a mutual society is essential for achieving better integration in the single market, for enhancing awareness of the specific qualities of mutual societies and for enabling them to make a greater contribution to achieving the growth and employment objectives of the Europe 2020 strategy; whereas a European statute would also facilitate the mobility of European citizens by enabling mutual societies to provide services in several Member States and thus create greater continuity and coherence in the single market;

| Ah. | whereas the European statute for mutual societies would provide a way of promoting the mutualist model throughout an enlarged Union, especially in the new Member States, where it is not covered by some legal systems; whereas a Union regulation, which would naturally be applicable throughout the whole of the Union, would have the dual advantage of providing those countries with a European reference statute and of contributing to the status and public profile of this kind of undertaking; |
| --- | --- |

Ah.

whereas the European statute for mutual societies would provide a way of promoting the mutualist model throughout an enlarged Union, especially in the new Member States, where it is not covered by some legal systems; whereas a Union regulation, which would naturally be applicable throughout the whole of the Union, would have the dual advantage of providing those countries with a European reference statute and of contributing to the status and public profile of this kind of undertaking;

| Ai. | whereas the statute could provide opportunities for mutual societies to create economies of scale in order to maintain competitiveness in the future and would increase recognition of the value of mutual societies within Union policy making; |
| --- | --- |

Ai.

whereas the statute could provide opportunities for mutual societies to create economies of scale in order to maintain competitiveness in the future and would increase recognition of the value of mutual societies within Union policy making;

| Aj. | whereas mutual societies are solid and sustainable organisations which have well withstood the financial crisis in all economies and have contributed to a more resistant, diversified market, particularly in the area of insurance and social protection; whereas mutual societies are particularly active in the area of population ageing and social needs; whereas the involvement of mutual societies in the area of pensions offers additional opportunities for Union citizens and whereas they have a role to play in preserving the European social model; |
| --- | --- |

Aj.

whereas mutual societies are solid and sustainable organisations which have well withstood the financial crisis in all economies and have contributed to a more resistant, diversified market, particularly in the area of insurance and social protection; whereas mutual societies are particularly active in the area of population ageing and social needs; whereas the involvement of mutual societies in the area of pensions offers additional opportunities for Union citizens and whereas they have a role to play in preserving the European social model;

| Ak. | whereas mutual societies have no shares but are owned jointly, their surpluses being reinvested rather than distributed to the members; whereas this has helped mutual societies to resist the crisis better than other private-sector entities; |
| --- | --- |

Ak.

whereas mutual societies have no shares but are owned jointly, their surpluses being reinvested rather than distributed to the members; whereas this has helped mutual societies to resist the crisis better than other private-sector entities;

| Al. | whereas a European statute would be a voluntary tool additional to existing national legal provisions applying to mutual societies, and would thus not affect the already existing statutes but would rather be a ‘28th’ system making it easier for mutual societies to engage in cross-border activities; |
| --- | --- |

Al.

whereas a European statute would be a voluntary tool additional to existing national legal provisions applying to mutual societies, and would thus not affect the already existing statutes but would rather be a ‘28th’ system making it easier for mutual societies to engage in cross-border activities;

| Am. | whereas the Commission should take into account the specific characteristics of mutual societies so as to ensure a level playing field, with a view to avoiding additional discrimination and ensuring that any new legislation is proportionate, as well as guaranteeing a fair, competitive and sustainable market; |
| --- | --- |

Am.

whereas the Commission should take into account the specific characteristics of mutual societies so as to ensure a level playing field, with a view to avoiding additional discrimination and ensuring that any new legislation is proportionate, as well as guaranteeing a fair, competitive and sustainable market;

| An. | whereas the plea for diversification in the insurance sector is growing, thus emphasising the role that mutual societies can play compared to their stock-holding counterparts in making the sector as a whole more competitive, less risky and more resilient to changing financial and economic circumstances; |
| --- | --- |

An.

whereas the plea for diversification in the insurance sector is growing, thus emphasising the role that mutual societies can play compared to their stock-holding counterparts in making the sector as a whole more competitive, less risky and more resilient to changing financial and economic circumstances;

| Ao. | whereas mutual societies are subject to intense and growing competition, especially in the insurance sector, and whereas some of them are shifting towards demutualisation and financialisation; |
| --- | --- |

Ao.

whereas mutual societies are subject to intense and growing competition, especially in the insurance sector, and whereas some of them are shifting towards demutualisation and financialisation;

| Ap. | whereas in at least six Member States of the Union and the European Economic Area, it is legally impossible to create a mutual-type organisation; whereas this creates market distortions; whereas a European statute could remedy this and could inspire the creation of mutual societies in those Member States; |
| --- | --- |

Ap.

whereas in at least six Member States of the Union and the European Economic Area, it is legally impossible to create a mutual-type organisation; whereas this creates market distortions; whereas a European statute could remedy this and could inspire the creation of mutual societies in those Member States;

| Aq. | whereas mutual societies lack the necessary legal instruments to facilitate their development and their cross-border activities within the internal market; whereas, given the availability of European statutes for other corporate forms, mutual societies are still at a disadvantage; whereas, in the absence of a European statute, mutual societies are often obliged to make use of inadequate legal instruments for their cross-border activities, leading to their demutualisation. |
| --- | --- |

Aq.

whereas mutual societies lack the necessary legal instruments to facilitate their development and their cross-border activities within the internal market; whereas, given the availability of European statutes for other corporate forms, mutual societies are still at a disadvantage; whereas, in the absence of a European statute, mutual societies are often obliged to make use of inadequate legal instruments for their cross-border activities, leading to their demutualisation.

| Ar. | whereas national laws on mutual societies vary considerably within the Union and whereas the European statute could allow the creation of transnational mutual societies, thereby strengthening the European social protection model; |
| --- | --- |

Ar.

whereas national laws on mutual societies vary considerably within the Union and whereas the European statute could allow the creation of transnational mutual societies, thereby strengthening the European social protection model;

| As. | whereas mutual societies themselves should spread the idea of mutuality as their core value, and convince future members that this is a cost-effective and sustainable alternative to commercial service providers; |
| --- | --- |

As.

whereas mutual societies themselves should spread the idea of mutuality as their core value, and convince future members that this is a cost-effective and sustainable alternative to commercial service providers;

| At. | whereas mutual societies must be prevented from taking steps, in order to remain competitive, to become lookalikes of their commercial counterparts, for instance by introducing risk selection or stricter criteria for membership, or even by issuing shares to increase their solvency margins; |
| --- | --- |

At.

whereas mutual societies must be prevented from taking steps, in order to remain competitive, to become lookalikes of their commercial counterparts, for instance by introducing risk selection or stricter criteria for membership, or even by issuing shares to increase their solvency margins;

| Au. | whereas mutual societies, especially medium-sized ones, might be forced to become part of larger organisations, even joint-stock companies (by way of demutualisation), thereby increasing the distance between the organisation concerned and the policyholders; |
| --- | --- |

Au.

whereas mutual societies, especially medium-sized ones, might be forced to become part of larger organisations, even joint-stock companies (by way of demutualisation), thereby increasing the distance between the organisation concerned and the policyholders;

| Av. | whereas the lack of a statute continues to impede cross-border cooperation and mergers of mutual societies; |
| --- | --- |

Av.

whereas the lack of a statute continues to impede cross-border cooperation and mergers of mutual societies;

| 1. | In the light of the outcome of the recent study on the situation of mutual societies in the Union, and bearing in mind the clear preference expressed on several occasions by Parliament for a statute for a European mutual society, requests the Commission swiftly to submit, following the detailed recommendations set out in the Annex hereto, on the basis of Article 352 or, possibly, Article 114 of the Treaty on the Functioning of the European Union, one or more proposals allowing mutual societies to act on a European and cross-border scale; |
| --- | --- |

1.

In the light of the outcome of the recent study on the situation of mutual societies in the Union, and bearing in mind the clear preference expressed on several occasions by Parliament for a statute for a European mutual society, requests the Commission swiftly to submit, following the detailed recommendations set out in the Annex hereto, on the basis of Article 352 or, possibly, Article 114 of the Treaty on the Functioning of the European Union, one or more proposals allowing mutual societies to act on a European and cross-border scale;

| 2. | Confirms that the recommendations respect fundamental rights and the principle of subsidiarity; |
| --- | --- |

2.

Confirms that the recommendations respect fundamental rights and the principle of subsidiarity;

| 3. | Considers that the financial implications of the requested proposal should be covered by appropriate budget allocations; |
| --- | --- |

3.

Considers that the financial implications of the requested proposal should be covered by appropriate budget allocations;

| 4. | Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council. |
| --- | --- |

4.

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

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(1)  OJ C 297 E, 7.12.2006, p. 140.

(2)  OJ C 303 E, 13.12.2006, p. 114.

(3)  OJ C 76 E, 25.3.2010, p. 16.

(4)  OJ C 99 E, 3.4.2012, p. 19.

(5)  OJ C 199 E, 7.7.2012, p. 187.

(6)  Texts adopted, P7_TA(2012)0259.

(7)  http://www.europarl.europa.eu/committees/en/studiesdownload.html?languageDocument=EN&file=83593

(8)  Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society (SCE) (OJ L 207, 18.8.2003, p. 1).

(9)  Commission Communication of 13 April 2011 entitled ‘Single Market Act — Twelve levers to boost growth and strengthen confidence — Working together to create new growth’ (COM(2011)0206).

(10)  See COM(2011)0206, referred to above.

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ANNEX

DETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

Recommendations regarding the statute for a European mutual society

Recommendation 1 (on the objectives of the statute for a European mutual society)

The European Parliament considers that the diversity of enterprises should be clearly anchored in the Treaty on the Functioning of the European Union and proposes that mutual societies be included in Article 54 thereof.

The European Parliament considers that a combination of strategies and measures is required to establish a level playing field for mutual societies, including a European statute, giving them in equal measure the possibility of adding a European dimension to their organisation and activities and providing them with adequate legal instruments to facilitate their cross-border and trans-national activities. In this respect, mutual societies could operate across the Union according to their specific governance.

The European Parliament considers that a statute for a European mutual society will create a voluntary scheme in the form of an optional instrument allowing mutual societies to act in different Member States, to be introduced even in countries where they do not currently exist, and therefore insists that the European mutual society be considered a European legal form with a specific Union character.

The European Parliament recalls at the same time that any legislative initiative will leave unchanged the different national laws already in existence, and cannot be regarded as aiming to approximate the laws of the Member States applicable to mutual societies.

The European Parliament affirms that the essential aims of a regulation on the statute for a European mutual society will be:

| — | to remove all barriers to cross-border cooperation between mutual societies while taking account of their specific features, which are deeply rooted in the respective national legal systems, and to allow mutual societies to freely operate in the European single market, thus strengthening the principles of the single market itself; |
| --- | --- |

—

to remove all barriers to cross-border cooperation between mutual societies while taking account of their specific features, which are deeply rooted in the respective national legal systems, and to allow mutual societies to freely operate in the European single market, thus strengthening the principles of the single market itself;

| — | to allow for the establishment of a European mutual society by physical persons resident in different Member States or legal entities established under the laws of different Member States; |
| --- | --- |

—

to allow for the establishment of a European mutual society by physical persons resident in different Member States or legal entities established under the laws of different Member States;

| — | to make it possible for a European mutual society to be established by the cross-border merger of two or more existing mutual societies, given the non-applicability to mutual societies of the Cross-border Mergers Directive (1); |
| --- | --- |

—

to make it possible for a European mutual society to be established by the cross-border merger of two or more existing mutual societies, given the non-applicability to mutual societies of the Cross-border Mergers Directive (1);

| — | to allow for the creation of a European mutual society by the conversion or transformation of a national mutual society into the new form without its first being wound up, where the society in question has its registered office and head office within one and the same Member State; |
| --- | --- |

—

to allow for the creation of a European mutual society by the conversion or transformation of a national mutual society into the new form without its first being wound up, where the society in question has its registered office and head office within one and the same Member State;

| — | to allow for the creation of a European mutual group and to allow mutual societies to enjoy the advantages stemming from a European group of mutual societies, in particular in the context of the Solvency II Directive (2) for those mutual societies which provide insurance. |
| --- | --- |

—

to allow for the creation of a European mutual group and to allow mutual societies to enjoy the advantages stemming from a European group of mutual societies, in particular in the context of the Solvency II Directive (2) for those mutual societies which provide insurance.

Recommendation 2 (on the elements of a statute for a European mutual society)

The European Parliament calls on the Commission to take into account that the making available of such an optional regulation in Member States' legislation should embody mutual societies' governance characteristics and principles.

The European Parliament recalls that a proposal for a statute for a European mutual society has to take account of the particular operating rules of mutual societies, which are different from those of other economic agents:

| — | mutual societies provide a broad spectrum of insurance services, loan services and other services, in the interests of their members, on a basis of solidarity and in a collectively financed manner; |
| --- | --- |

—

mutual societies provide a broad spectrum of insurance services, loan services and other services, in the interests of their members, on a basis of solidarity and in a collectively financed manner;

| — | in return, the members pay a contribution or equivalent, the amount of which may be variable; |
| --- | --- |

—

in return, the members pay a contribution or equivalent, the amount of which may be variable;

| — | the members cannot exercise any individual right over the assets of the mutual society. |
| --- | --- |

—

the members cannot exercise any individual right over the assets of the mutual society.

The European Parliament believes that the statute will have to lay down precise and clear conditions for the creation of a true and effective new category of European mutual societies, and considers it essential, in this respect, to bear in mind previous model statutes of European entities where the significant flexibility afforded to Member States and the lack of an added value have failed to create the conditions for successful use of such a European tool.

The European Parliament calls on the Commission to introduce into the proposed regulation, based on Article 352 of the Treaty on the Functioning of the European Union, the main characteristics of mutual societies’ person-based societies, namely the principle of non-discrimination as far as risk selection is concerned and the democratic orientation by their members, with a view to improving social conditions of local communities and of wider society in a spirit of mutuality.

The European Parliament underlines the importance of the principle of solidarity in mutual societies, where clients are also members and thus share the same interests; recalls the principle of common ownership of the capital and its indivisibility; and stresses the importance of the principle of disinterested distribution in the event of liquidation, that is to say, the principle that assets should be distributed to other mutual societies or to a body having as its object the support and promotion of mutual societies.

Recommendation 3 (on the scope and coverage of a statute for a European mutual society)

The European Parliament highlights the following aspects regarding the scope and coverage of the future regulation for a European Statute:

| — | it should not affect obligatory and/or statutory social security schemes managed in certain Member States by mutual societies, nor the freedom of Member States to decide whether or not, and under what conditions, to entrust the management of such schemes to mutual societies; |
| --- | --- |

—

it should not affect obligatory and/or statutory social security schemes managed in certain Member States by mutual societies, nor the freedom of Member States to decide whether or not, and under what conditions, to entrust the management of such schemes to mutual societies;

| — | in view of the specifically Union character of a European mutual society, the management arrangement adopted by the statute should be without prejudice to Member States’ laws and should not pre-empt the choices to be made for other Union texts on company law; |
| --- | --- |

—

in view of the specifically Union character of a European mutual society, the management arrangement adopted by the statute should be without prejudice to Member States’ laws and should not pre-empt the choices to be made for other Union texts on company law;

| — | the regulation should not cover other areas of law, such as rules on employee involvement in the decision-making process, employment law, taxation law, competition law, intellectual or industrial property law or rules on insolvency and suspension of payments; |
| --- | --- |

—

the regulation should not cover other areas of law, such as rules on employee involvement in the decision-making process, employment law, taxation law, competition law, intellectual or industrial property law or rules on insolvency and suspension of payments;

| — | since the framework within which mutual societies operate differs from one Member State to another, the regulation should ensure that European mutual societies are able to freely define their own objects and to provide a broad spectrum of services, including social insurance and health insurance and the granting of loans, to their members. |
| --- | --- |

—

since the framework within which mutual societies operate differs from one Member State to another, the regulation should ensure that European mutual societies are able to freely define their own objects and to provide a broad spectrum of services, including social insurance and health insurance and the granting of loans, to their members.

Recommendation 4 (on governance of European mutual societies)

The European mutual society should be managed democratically and financed collectively for the benefit of its members. The statute should stipulate that the members are the collective owners of the mutual organisation.

The statutes of a European mutual society should lay down governance and management rules providing for the following: a general meeting (which can take the form of a meeting of all members or a meeting of delegates of the members), a supervisory organ and a management or administrative organ, depending on the form adopted in the statutes.

Each member (natural or legal person) or delegate of the general meeting should in principle have equal votes.

The member or members of the management organ should be appointed and removed by the supervisory organ. However, a Member State may require or permit the statutes to provide for the appointment of the member or members of the management organ by the general meeting.

No person should at the same time be a member of the management organ and a member of the supervisory organ.

The effect of the Solvency II Directive on the corporate governance of mutual organisations should be closely monitored.

---

(1)  Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (OJ L 310, 25.11.2005, p. 1).

(2)  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).

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| 29.1.2016 | EN | Official Journal of the European Union | C 36/118 |
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29.1.2016

EN

Official Journal of the European Union

C 36/118

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P7_TA(2013)0095

Situation in Egypt

European Parliament resolution of 14 March 2013 on the situation in Egypt (2013/2542(RSP))

(2016/C 036/18)

The European Parliament,

| — | having regard to its previous resolutions on Egypt, in particular those of 16 February 2012 on Egypt: recent developments (1) and of 15 March 2012 on human trafficking in Sinai (2), |
| --- | --- |

—

having regard to its previous resolutions on Egypt, in particular those of 16 February 2012 on Egypt: recent developments (1) and of 15 March 2012 on human trafficking in Sinai (2),

| — | having regard to its plenary debates of 12 June 2012, 4 July 2012 and 12 December 2012 on Egypt and the Middle East, |
| --- | --- |

—

having regard to its plenary debates of 12 June 2012, 4 July 2012 and 12 December 2012 on Egypt and the Middle East,

| — | having regard to the statements made by High Representative (HR/VP) Catherine Ashton and her spokesperson on Egypt in 2012, in particular those of 25 May 2012 on the presidential elections in Egypt, of 1 June 2012 on the lifting of the state of emergency in Egypt, of 15 June 2012 on the Egyptian Supreme Constitutional Court's rulings, of 20 June 2012 on the political situation in Egypt, of 24 June 2012 on the election of Mohammed Morsi as the President of Egypt, of 13 September 2012 on the launching of a new EU-Egypt Task Force, of 5 December 2012 calling for a national dialogue, of 25 December 2012 on the referendum in Egypt, and of 25 January 2013 on the killings in Port Said, |
| --- | --- |

—

having regard to the statements made by High Representative (HR/VP) Catherine Ashton and her spokesperson on Egypt in 2012, in particular those of 25 May 2012 on the presidential elections in Egypt, of 1 June 2012 on the lifting of the state of emergency in Egypt, of 15 June 2012 on the Egyptian Supreme Constitutional Court's rulings, of 20 June 2012 on the political situation in Egypt, of 24 June 2012 on the election of Mohammed Morsi as the President of Egypt, of 13 September 2012 on the launching of a new EU-Egypt Task Force, of 5 December 2012 calling for a national dialogue, of 25 December 2012 on the referendum in Egypt, and of 25 January 2013 on the killings in Port Said,

| — | having regard to the Council conclusions of 27 February 2012, 25 June 2012, 19 November 2012 and 10 December 2012 on Egypt, of 31 January 2013 on EU Support for Sustainable Change in Transition Societies and of 8 February 2013 on the Arab Spring, |
| --- | --- |

—

having regard to the Council conclusions of 27 February 2012, 25 June 2012, 19 November 2012 and 10 December 2012 on Egypt, of 31 January 2013 on EU Support for Sustainable Change in Transition Societies and of 8 February 2013 on the Arab Spring,

| — | having regard to the European Neighbourhood Policy (ENP) Package, Country Progress Report — Egypt, of 15 May 2012, |
| --- | --- |

—

having regard to the European Neighbourhood Policy (ENP) Package, Country Progress Report — Egypt, of 15 May 2012,

| — | having regard to the EU-Egypt Task Force meeting of 13—14 November 2012 and its conclusions, |
| --- | --- |

—

having regard to the EU-Egypt Task Force meeting of 13—14 November 2012 and its conclusions,

| — | having regard to the ‘Cairo Declaration’ of the Second European Union — League of Arab Foreign Affairs Ministerial Meeting of 13 November 2012, |
| --- | --- |

—

having regard to the ‘Cairo Declaration’ of the Second European Union — League of Arab Foreign Affairs Ministerial Meeting of 13 November 2012,

| — | having regard to Council Regulation (EU) No 1099/2012 of 26 November 2012 amending Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt, |
| --- | --- |

—

having regard to Council Regulation (EU) No 1099/2012 of 26 November 2012 amending Regulation (EU) No 270/2011 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt,

| — | having regard to the statements made by the President of the European Council, Herman Van Rompuy, after his meetings with the President of Egypt, Mohamed Morsi, on 13 September 2012 and 13 January 2013, |
| --- | --- |

—

having regard to the statements made by the President of the European Council, Herman Van Rompuy, after his meetings with the President of Egypt, Mohamed Morsi, on 13 September 2012 and 13 January 2013,

| — | having regard to the Commission memorandum of 8 February 2013 entitled ‘EU’s response to the “Arab Spring”: the state-of-play after two years’, |
| --- | --- |

—

having regard to the Commission memorandum of 8 February 2013 entitled ‘EU’s response to the “Arab Spring”: the state-of-play after two years’,

| — | having regard to the joint communication of 15 May 2012 from the Commission and the HR/VP to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘Delivering on a new European Neighbourhood Policy’, |
| --- | --- |

—

having regard to the joint communication of 15 May 2012 from the Commission and the HR/VP to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘Delivering on a new European Neighbourhood Policy’,

| — | having regard to the EU-Egypt Association Agreement of 2001 (which entered into force on 1 June 2004), as strengthened by the Action Plan and the European Neighbourhood Policy agreed in 2007, |
| --- | --- |

—

having regard to the EU-Egypt Association Agreement of 2001 (which entered into force on 1 June 2004), as strengthened by the Action Plan and the European Neighbourhood Policy agreed in 2007,

| — | having regard to the statements by the UN High Commissioner for Human Rights, Navi Pillay, of 7 December 2012 on violence in Egypt and major problems with the draft constitution, and of 29 January 2013 on the need for a serious dialogue and an end to the use of excessive force, |
| --- | --- |

—

having regard to the statements by the UN High Commissioner for Human Rights, Navi Pillay, of 7 December 2012 on violence in Egypt and major problems with the draft constitution, and of 29 January 2013 on the need for a serious dialogue and an end to the use of excessive force,

| — | having regard to the statement of 31 January 2013 by the Executive Director of UN Women, Michelle Bachelet, expressing deep concern over escalating violence against women in public places in Egypt, |
| --- | --- |

—

having regard to the statement of 31 January 2013 by the Executive Director of UN Women, Michelle Bachelet, expressing deep concern over escalating violence against women in public places in Egypt,

| — | having regard to the International Covenant on Civil and Political Rights (ICCPR) of 1966, to which Egypt is a party, and to the International Convention on the Rights of the Child of 1989, to which Egypt has agreed to be a party, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights (ICCPR) of 1966, to which Egypt is a party, and to the International Convention on the Rights of the Child of 1989, to which Egypt has agreed to be a party,

| — | having regard to the Universal Declaration of Human Rights, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights,

| — | having regard to Rule 110(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) and (4) of its Rules of Procedure,

| A. | whereas Egypt is a key partner of the European Union in the Southern Mediterranean; whereas political, economic and social developments in Egypt have significant implications in the whole region and beyond; |
| --- | --- |

A.

whereas Egypt is a key partner of the European Union in the Southern Mediterranean; whereas political, economic and social developments in Egypt have significant implications in the whole region and beyond;

| B. | whereas in the presidential elections held in May and June 2012, Mohammed Morsi won with 51,7 % of the vote, becoming the first Islamist candidate to be elected head of state in the Arab world; whereas those free and fair presidential elections were an important step in the process of democratic transition; |
| --- | --- |

B.

whereas in the presidential elections held in May and June 2012, Mohammed Morsi won with 51,7 % of the vote, becoming the first Islamist candidate to be elected head of state in the Arab world; whereas those free and fair presidential elections were an important step in the process of democratic transition;

| C. | whereas on 14 June 2012 the Supreme Constitutional Court of Egypt rendered the 2012 parliamentary elections unconstitutional and one third of the winners unlawful, as well as annulling the Political Exclusion Law; |
| --- | --- |

C.

whereas on 14 June 2012 the Supreme Constitutional Court of Egypt rendered the 2012 parliamentary elections unconstitutional and one third of the winners unlawful, as well as annulling the Political Exclusion Law;

| D. | whereas on 22 November 2012, eight days after the conclusion of the EU-Egypt Task Force meeting and one day after the Egypt-brokered ceasefire agreement between Israel and Hamas, President Morsi issued a Constitutional Declaration whereby, inter alia, he placed the Presidency beyond judicial control; whereas days later the President nullified that declaration, but escalating demonstrations were already taking place; |
| --- | --- |

D.

whereas on 22 November 2012, eight days after the conclusion of the EU-Egypt Task Force meeting and one day after the Egypt-brokered ceasefire agreement between Israel and Hamas, President Morsi issued a Constitutional Declaration whereby, inter alia, he placed the Presidency beyond judicial control; whereas days later the President nullified that declaration, but escalating demonstrations were already taking place;

| E. | whereas judicial institutions and judges continue to face pressure, attacks, intimidation and interference from various political actors and forces in Egypt; whereas in November 2012 the Constitutional Court suspended its work because of the siege laid to its premises by supporters of the President and their allies; whereas the sacking of the general prosecutor in October 2012 and the appointment of his successor have provoked strong criticism and protests from judges, judicial officials and others; whereas this interference in the judiciary undermines the Egyptian population’s trust in the fairness and impartiality of the legal system; |
| --- | --- |

E.

whereas judicial institutions and judges continue to face pressure, attacks, intimidation and interference from various political actors and forces in Egypt; whereas in November 2012 the Constitutional Court suspended its work because of the siege laid to its premises by supporters of the President and their allies; whereas the sacking of the general prosecutor in October 2012 and the appointment of his successor have provoked strong criticism and protests from judges, judicial officials and others; whereas this interference in the judiciary undermines the Egyptian population’s trust in the fairness and impartiality of the legal system;

| F. | whereas on 30 November 2012 the Constituent Assembly adopted the draft Constitution; whereas it was approved on 15 and 22 December 2012 by referendum, with 63,8 % voting in favour but with a turnout of 32,9 %; whereas the constitutional process and the anticipated adoption of the new constitution, instead of creating consensus, have further deepened internal divisions in Egyptian society; whereas many in Egypt and beyond have expressed concerns about various articles of the new constitution, including the status of Sharia in domestic legislation, the independence of the judiciary and the role of military courts, fundamental freedoms, and women’s rights; |
| --- | --- |

F.

whereas on 30 November 2012 the Constituent Assembly adopted the draft Constitution; whereas it was approved on 15 and 22 December 2012 by referendum, with 63,8 % voting in favour but with a turnout of 32,9 %; whereas the constitutional process and the anticipated adoption of the new constitution, instead of creating consensus, have further deepened internal divisions in Egyptian society; whereas many in Egypt and beyond have expressed concerns about various articles of the new constitution, including the status of Sharia in domestic legislation, the independence of the judiciary and the role of military courts, fundamental freedoms, and women’s rights;

| G. | whereas fresh Egyptian parliamentary elections have been called for the end of April 2013; whereas the Supreme Committee for Elections in Egypt has accepted four non-governmental organisations to ‘witness’ the elections, as well as the European Union, the League of Arab States and the African Union; whereas on 18 February 2013 the Supreme Constitutional Court declared several articles of this law unconstitutional and asked the Shura Council to amend them; whereas the opposition forces led by the National Salvation Front, protesting against the lack of legal guarantees for free and fair elections, have announced a boycott of the upcoming parliamentary elections; whereas on 7 March 2013 the Egyptian Electoral Commission suspended the upcoming parliamentary elections after a decision by the Cairo Administrative Court to halt them, because the Shura Council had not returned the electoral law to the Supreme Constitutional Court for final review after amending it; |
| --- | --- |

G.

whereas fresh Egyptian parliamentary elections have been called for the end of April 2013; whereas the Supreme Committee for Elections in Egypt has accepted four non-governmental organisations to ‘witness’ the elections, as well as the European Union, the League of Arab States and the African Union; whereas on 18 February 2013 the Supreme Constitutional Court declared several articles of this law unconstitutional and asked the Shura Council to amend them; whereas the opposition forces led by the National Salvation Front, protesting against the lack of legal guarantees for free and fair elections, have announced a boycott of the upcoming parliamentary elections; whereas on 7 March 2013 the Egyptian Electoral Commission suspended the upcoming parliamentary elections after a decision by the Cairo Administrative Court to halt them, because the Shura Council had not returned the electoral law to the Supreme Constitutional Court for final review after amending it;

| H. | whereas, following violent clashes between protesters and security forces, leading to dozens of deaths, on the eve of and in the weeks after the second anniversary of the 25 January Revolution and sparked variously by the increased lawlessness in Egypt, the vast decline of the Egyptian economy and the dozens of death sentences handed down against civilians involved in the deadly 2012 football riots in Port Said, President Morsi announced a state of emergency in several Egyptian cities, prompting warnings by the military of ‘the collapse of the state’; whereas on 30 January 2013 opposition leaders jointly called on President Morsi to stop the violence against protesters, to form a national unity government and to start a genuine national dialogue, as the only way to overcome the current political and social divisions and tensions; whereas President Morsi dismissed the calls for a unity government; whereas on 26 February 2013 President Morsi launched a national dialogue boycotted by leading opposition forces; |
| --- | --- |

H.

whereas, following violent clashes between protesters and security forces, leading to dozens of deaths, on the eve of and in the weeks after the second anniversary of the 25 January Revolution and sparked variously by the increased lawlessness in Egypt, the vast decline of the Egyptian economy and the dozens of death sentences handed down against civilians involved in the deadly 2012 football riots in Port Said, President Morsi announced a state of emergency in several Egyptian cities, prompting warnings by the military of ‘the collapse of the state’; whereas on 30 January 2013 opposition leaders jointly called on President Morsi to stop the violence against protesters, to form a national unity government and to start a genuine national dialogue, as the only way to overcome the current political and social divisions and tensions; whereas President Morsi dismissed the calls for a unity government; whereas on 26 February 2013 President Morsi launched a national dialogue boycotted by leading opposition forces;

| I. | whereas 42 people, including two police officers, died in clashes after a court recommended on 26 January 2013 that 21 Port Said residents be sentenced to death for killings after a football match a year earlier; whereas on 9 March 2013 this sentence was confirmed and a verdict was issued against the remaining 52 defendants; whereas in its resolution of 16 February 2012 the European Parliament called for an independent inquiry into the events leading to the tragedy and for those responsible to be brought to justice; whereas the European Union is opposed to the use of capital punishment in all cases and under all circumstances and has consistently called for its universal abolition in order to protect human dignity; |
| --- | --- |

I.

whereas 42 people, including two police officers, died in clashes after a court recommended on 26 January 2013 that 21 Port Said residents be sentenced to death for killings after a football match a year earlier; whereas on 9 March 2013 this sentence was confirmed and a verdict was issued against the remaining 52 defendants; whereas in its resolution of 16 February 2012 the European Parliament called for an independent inquiry into the events leading to the tragedy and for those responsible to be brought to justice; whereas the European Union is opposed to the use of capital punishment in all cases and under all circumstances and has consistently called for its universal abolition in order to protect human dignity;

| J. | whereas the mounting political tensions have further deepened the internal polarisation within Egyptian society and are leading to continued street protests and violent clashes, involving arbitrary arrests, intimidation, kidnappings and torture; whereas instances of excessive use of force and lethal violence against peaceful demonstrators by the police, security forces and unidentified groups often remain unpunished; whereas security and public order should be maintained with restraint and full respect for human rights and fundamental freedoms; |
| --- | --- |

J.

whereas the mounting political tensions have further deepened the internal polarisation within Egyptian society and are leading to continued street protests and violent clashes, involving arbitrary arrests, intimidation, kidnappings and torture; whereas instances of excessive use of force and lethal violence against peaceful demonstrators by the police, security forces and unidentified groups often remain unpunished; whereas security and public order should be maintained with restraint and full respect for human rights and fundamental freedoms;

| K. | whereas public opinion in Egypt is very critical of restrictions on freedom of expression; whereas the penal code and the newly adopted constitution could seriously curb freedom of expression, both online and offline; whereas civil liberties and digital freedoms are enablers of universal human rights and should be upheld at all times; whereas physical violence and harassment against journalists have increased significantly; whereas a number of legal proceedings have been initiated against opposition media for insulting the President; whereas criminal prosecutions of journalists, notably from opposition media, and of comedians such as Gamal Fahmy, Bassem Youssef and Okasha Tawfiq are continuing; whereas 24 reported cases have been brought for insulting the President; whereas the number of blasphemy cases has increased since President Morsi took office; |
| --- | --- |

K.

whereas public opinion in Egypt is very critical of restrictions on freedom of expression; whereas the penal code and the newly adopted constitution could seriously curb freedom of expression, both online and offline; whereas civil liberties and digital freedoms are enablers of universal human rights and should be upheld at all times; whereas physical violence and harassment against journalists have increased significantly; whereas a number of legal proceedings have been initiated against opposition media for insulting the President; whereas criminal prosecutions of journalists, notably from opposition media, and of comedians such as Gamal Fahmy, Bassem Youssef and Okasha Tawfiq are continuing; whereas 24 reported cases have been brought for insulting the President; whereas the number of blasphemy cases has increased since President Morsi took office;

| L. | whereas the draft Law on the Protection of the Right to Peacefully Demonstrate in Public Places would put serious limitations on the right to peaceful public assembly; |
| --- | --- |

L.

whereas the draft Law on the Protection of the Right to Peacefully Demonstrate in Public Places would put serious limitations on the right to peaceful public assembly;

| M. | whereas Egyptian women are in a particularly vulnerable situation in the current period of transition; whereas, according to reports by Egyptian and international human rights organisations, female protesters are often subjected to violence, sexual assault, virginity tests and other forms of degrading treatment by the security forces, while women’s rights activists face threats and harassment; whereas women have witnessed major setbacks in the field of political participation; whereas criticism has come from the National Council for Women (NCW) and civil society regarding the silence of the authorities, which have not condemned the violence suffered by women, giving a wrong signal as to Egypt’s respect for women’s rights; |
| --- | --- |

M.

whereas Egyptian women are in a particularly vulnerable situation in the current period of transition; whereas, according to reports by Egyptian and international human rights organisations, female protesters are often subjected to violence, sexual assault, virginity tests and other forms of degrading treatment by the security forces, while women’s rights activists face threats and harassment; whereas women have witnessed major setbacks in the field of political participation; whereas criticism has come from the National Council for Women (NCW) and civil society regarding the silence of the authorities, which have not condemned the violence suffered by women, giving a wrong signal as to Egypt’s respect for women’s rights;

| N. | whereas Egyptian civil society and international NGOs face mounting pressure and major difficulties in operating in Egypt; whereas several drafts of the new Law on Civil Associations and Foundations have raised concern among civil society activists and organisations as they would impose tight restrictions on NGO funding, notably from foreign sources, leave room for intrusive monitoring by the authorities and limit all forms of social activity and organisation; whereas they would also limit fact-finding visits and other essential activities throughout Egypt, practically preventing civil society organisations from doing their work; |
| --- | --- |

N.

whereas Egyptian civil society and international NGOs face mounting pressure and major difficulties in operating in Egypt; whereas several drafts of the new Law on Civil Associations and Foundations have raised concern among civil society activists and organisations as they would impose tight restrictions on NGO funding, notably from foreign sources, leave room for intrusive monitoring by the authorities and limit all forms of social activity and organisation; whereas they would also limit fact-finding visits and other essential activities throughout Egypt, practically preventing civil society organisations from doing their work;

| O. | whereas the EU is Egypt’s first economic partner and its main source of foreign investment and development cooperation; whereas on 13—14 November 2012 the EU-Egypt Task Force, co-chaired by the HR/VP and Egyptian Foreign Minister Kamel Amr, met in Cairo and agreed a major package of economic and political assistance to help Egypt with its ongoing transition, with a total of nearly EUR 5 billion in the form of loans and grants for 2012-2013; whereas the financial assistance is partly conditional on Egypt’s success in finalising a deal with the International Monetary Fund (IMF), as well as upon human rights, democracy and economic governance; whereas the honouring of these commitments and the speeding-up of EU support delivery are of crucial importance for Egypt; |
| --- | --- |

O.

whereas the EU is Egypt’s first economic partner and its main source of foreign investment and development cooperation; whereas on 13—14 November 2012 the EU-Egypt Task Force, co-chaired by the HR/VP and Egyptian Foreign Minister Kamel Amr, met in Cairo and agreed a major package of economic and political assistance to help Egypt with its ongoing transition, with a total of nearly EUR 5 billion in the form of loans and grants for 2012-2013; whereas the financial assistance is partly conditional on Egypt’s success in finalising a deal with the International Monetary Fund (IMF), as well as upon human rights, democracy and economic governance; whereas the honouring of these commitments and the speeding-up of EU support delivery are of crucial importance for Egypt;

| P. | whereas the Task Force underlined its commitment to promotion of and respect for human rights, including women’s rights and gender equality with a view to empowering women in all fields, freedom of expression and association, and freedom of religion or belief, and condemned all forms of incitement to religious hatred, intolerance, hostility or violence; |
| --- | --- |

P.

whereas the Task Force underlined its commitment to promotion of and respect for human rights, including women’s rights and gender equality with a view to empowering women in all fields, freedom of expression and association, and freedom of religion or belief, and condemned all forms of incitement to religious hatred, intolerance, hostility or violence;

| Q. | whereas the success of the European Neighbourhood Policy, as well as that of the reforms in the area of human rights, and specifically women’s rights, will depend on the involvement of civil society in the implementation of the relevant policies; |
| --- | --- |

Q.

whereas the success of the European Neighbourhood Policy, as well as that of the reforms in the area of human rights, and specifically women’s rights, will depend on the involvement of civil society in the implementation of the relevant policies;

| R. | whereas the Egyptian economic situation is in a grave state, with foreign currency reserves at a low level and the Egyptian pound at its lowest rate since 2004; whereas the country’s economic improvement will depend on its long-term political and social stability; whereas Egypt is going through a critical period of transition and faces considerable challenges and difficulties in the process towards democracy; whereas this transition should be based on the core values of social justice, respect for human rights and fundamental freedoms, the rule of law, and good governance; |
| --- | --- |

R.

whereas the Egyptian economic situation is in a grave state, with foreign currency reserves at a low level and the Egyptian pound at its lowest rate since 2004; whereas the country’s economic improvement will depend on its long-term political and social stability; whereas Egypt is going through a critical period of transition and faces considerable challenges and difficulties in the process towards democracy; whereas this transition should be based on the core values of social justice, respect for human rights and fundamental freedoms, the rule of law, and good governance;

| S. | whereas the return of assets stolen by the former regime, beyond its economic significance, can contribute to delivering justice and accountability to the Egyptian people and is therefore a major political issue of high symbolic importance in relations between the EU and Egypt; whereas since March 2011 19 persons responsible for the misappropriation of Egyptian state funds, including former President Mubarak, have had their assets in the EU frozen; whereas the Council adopted a new regulation on 26 November 2012 aimed at facilitating the return of these misappropriated funds; whereas the Task Force agreed to finalise, within three months, a roadmap which could include the establishment of an asset recovery group coordinated by the European External Action Service; |
| --- | --- |

S.

whereas the return of assets stolen by the former regime, beyond its economic significance, can contribute to delivering justice and accountability to the Egyptian people and is therefore a major political issue of high symbolic importance in relations between the EU and Egypt; whereas since March 2011 19 persons responsible for the misappropriation of Egyptian state funds, including former President Mubarak, have had their assets in the EU frozen; whereas the Council adopted a new regulation on 26 November 2012 aimed at facilitating the return of these misappropriated funds; whereas the Task Force agreed to finalise, within three months, a roadmap which could include the establishment of an asset recovery group coordinated by the European External Action Service;

| 1. | Expresses its solidarity with the Egyptian people in this crucial period of transition towards democracy in the country; calls on the Egyptian authorities to ensure full respect for human rights and fundamental freedoms, including freedom of expression, association and peaceful assembly, press and media freedom, women’s rights, freedom of religion, conscience and thought, the protection of minorities and the fight against discrimination based on sexual orientation, and to ensure the rule of law, separation of powers, independence of the judiciary, the fight against impunity, and due process, as these are essential components of a free and democratic society; |
| --- | --- |

1.

Expresses its solidarity with the Egyptian people in this crucial period of transition towards democracy in the country; calls on the Egyptian authorities to ensure full respect for human rights and fundamental freedoms, including freedom of expression, association and peaceful assembly, press and media freedom, women’s rights, freedom of religion, conscience and thought, the protection of minorities and the fight against discrimination based on sexual orientation, and to ensure the rule of law, separation of powers, independence of the judiciary, the fight against impunity, and due process, as these are essential components of a free and democratic society;

| 2. | Expresses its deep concern at the increasing internal polarisation within Egyptian society and the continued violent incidents; reminds the Egyptian state authorities and security forces of their duty to restore and ensure security and order in the country; urges all political actors to show restraint with the aim of avoiding further violence, in the best interests of the country; calls also for serious, impartial and transparent investigations into the killings, torture, degrading treatment and harassment of peaceful protesters, with special regard to women, and for those responsible to be brought to justice; urges the authorities to act in strict accordance with international standards; profoundly regrets the considerable loss of life and the large number of injuries resulting from the recent clashes, and extends its condolences to the families of the victims; |
| --- | --- |

2.

Expresses its deep concern at the increasing internal polarisation within Egyptian society and the continued violent incidents; reminds the Egyptian state authorities and security forces of their duty to restore and ensure security and order in the country; urges all political actors to show restraint with the aim of avoiding further violence, in the best interests of the country; calls also for serious, impartial and transparent investigations into the killings, torture, degrading treatment and harassment of peaceful protesters, with special regard to women, and for those responsible to be brought to justice; urges the authorities to act in strict accordance with international standards; profoundly regrets the considerable loss of life and the large number of injuries resulting from the recent clashes, and extends its condolences to the families of the victims;

| 3. | Reiterates the EU’s strong and principled position against the death penalty and calls for a full moratorium on the execution of any death sentences in Egypt; urges Egypt to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights of 1966 aiming at the abolition of the death penalty; calls for the death sentences handed down on 26 January 2013 to 21 supporters of the Al-Masry football club to be commuted; |
| --- | --- |

3.

Reiterates the EU’s strong and principled position against the death penalty and calls for a full moratorium on the execution of any death sentences in Egypt; urges Egypt to ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights of 1966 aiming at the abolition of the death penalty; calls for the death sentences handed down on 26 January 2013 to 21 supporters of the Al-Masry football club to be commuted;

| 4. | Notes the decision reached by the Egyptian electoral commission to cancel the upcoming parliamentary elections, and calls on the Egyptian Government to use this period to establish an inclusive political process based on consensus and joint ownership through a genuine national dialogue with the meaningful participation of all democratic political forces; calls on all political forces in Egypt to work together in this direction; encourages the EU and its Member States to continue supporting and assisting Egypt’s authorities, political parties and civil society in their efforts to achieve this goal; welcomes the invitation issued by the Egyptian authorities to the EU to witness the upcoming parliamentary elections, notwithstanding the cancellation of the elections; reiterates its offer to facilitate a fully fledged electoral observation mission; |
| --- | --- |

4.

Notes the decision reached by the Egyptian electoral commission to cancel the upcoming parliamentary elections, and calls on the Egyptian Government to use this period to establish an inclusive political process based on consensus and joint ownership through a genuine national dialogue with the meaningful participation of all democratic political forces; calls on all political forces in Egypt to work together in this direction; encourages the EU and its Member States to continue supporting and assisting Egypt’s authorities, political parties and civil society in their efforts to achieve this goal; welcomes the invitation issued by the Egyptian authorities to the EU to witness the upcoming parliamentary elections, notwithstanding the cancellation of the elections; reiterates its offer to facilitate a fully fledged electoral observation mission;

| 5. | Express alarm over the rise in violence against women, in particular female protesters and women’s rights activists, and the failure of the authorities to prevent and condemn this violence or to hold the perpetrators to account; calls on President Morsi, as well as the leaders of the ruling and opposition parties, to exercise strong political leadership to tackle gender-based violence, and to ensure that all incidents of sexual assault and harassment of women are effectively investigated, bringing the perpetrators to justice and making sure that victims receive adequate reparations; urges President Morsi to address this chronic violence and discrimination against women by adopting the anti-harassment legislation proposed by women’s rights activists; calls on the Egyptian authorities to condemn all forms of violence and aggression against women; urges the government to promote and support the political participation of women by reversing the current negative trend in this field; |
| --- | --- |

5.

Express alarm over the rise in violence against women, in particular female protesters and women’s rights activists, and the failure of the authorities to prevent and condemn this violence or to hold the perpetrators to account; calls on President Morsi, as well as the leaders of the ruling and opposition parties, to exercise strong political leadership to tackle gender-based violence, and to ensure that all incidents of sexual assault and harassment of women are effectively investigated, bringing the perpetrators to justice and making sure that victims receive adequate reparations; urges President Morsi to address this chronic violence and discrimination against women by adopting the anti-harassment legislation proposed by women’s rights activists; calls on the Egyptian authorities to condemn all forms of violence and aggression against women; urges the government to promote and support the political participation of women by reversing the current negative trend in this field;

| 6. | Calls on the Egyptian authorities to reform the police and security forces and to abolish all laws that allow for the unrestricted use of violence by police and security forces against civilians; underlines the necessity of developing, in dialogue and consultation with civil society, a proper legal framework to guarantee the right to peaceful demonstrations and peaceful public assembly and to allow civil society organisations to operate without undue constraints and to benefit from assistance from foreign sources; |
| --- | --- |

6.

Calls on the Egyptian authorities to reform the police and security forces and to abolish all laws that allow for the unrestricted use of violence by police and security forces against civilians; underlines the necessity of developing, in dialogue and consultation with civil society, a proper legal framework to guarantee the right to peaceful demonstrations and peaceful public assembly and to allow civil society organisations to operate without undue constraints and to benefit from assistance from foreign sources;

| 7. | Expresses its full support for the commitment shown by civil society organisations and the important and high-quality work they carry out for the promotion of peace, democracy and human rights, and calls for an immediate end to any pressure, intimidation or harassment against trade unions, journalists or bloggers; |
| --- | --- |

7.

Expresses its full support for the commitment shown by civil society organisations and the important and high-quality work they carry out for the promotion of peace, democracy and human rights, and calls for an immediate end to any pressure, intimidation or harassment against trade unions, journalists or bloggers;

| 8. | Is concerned about the situation of the Egyptian judiciary; calls on the Egyptian Government and the country’s political forces to fully respect, support and promote the independence and integrity of judicial institutions in Egypt; underlines the need to continue with reform of the criminal justice system in order to guarantee an adequate legal framework for tackling impunity and torture and protecting human rights; encourages the Egyptian authorities to initiate a genuine process of transitional justice with a view to ensuring accountability for human rights violations committed before, during and after the 2011 revolution; |
| --- | --- |

8.

Is concerned about the situation of the Egyptian judiciary; calls on the Egyptian Government and the country’s political forces to fully respect, support and promote the independence and integrity of judicial institutions in Egypt; underlines the need to continue with reform of the criminal justice system in order to guarantee an adequate legal framework for tackling impunity and torture and protecting human rights; encourages the Egyptian authorities to initiate a genuine process of transitional justice with a view to ensuring accountability for human rights violations committed before, during and after the 2011 revolution;

| 9. | Expresses its concern over the restrictions on freedom of belief, conscience and religion; welcomes, in this context, the creation on 18 February 2013 of an Egyptian Council of Churches, made up of the five largest Christian denominations in the country and with a mandate including the promotion of a Muslim-Christian dialogue; believes that efforts should be made to reverse the tide of Christian emigration from Egypt, which not only threatens the continued existence of one of Egypt’s oldest communities, but also damages the Egyptian economy, with trained professionals leaving the country; |
| --- | --- |

9.

Expresses its concern over the restrictions on freedom of belief, conscience and religion; welcomes, in this context, the creation on 18 February 2013 of an Egyptian Council of Churches, made up of the five largest Christian denominations in the country and with a mandate including the promotion of a Muslim-Christian dialogue; believes that efforts should be made to reverse the tide of Christian emigration from Egypt, which not only threatens the continued existence of one of Egypt’s oldest communities, but also damages the Egyptian economy, with trained professionals leaving the country;

| 10. | Calls on the Egyptian authorities to sign and ratify the Rome Statute establishing the International Criminal Court (ICC) in the Hague and to refrain from inviting heads of state for whom the ICC has issued arrest warrants; |
| --- | --- |

10.

Calls on the Egyptian authorities to sign and ratify the Rome Statute establishing the International Criminal Court (ICC) in the Hague and to refrain from inviting heads of state for whom the ICC has issued arrest warrants;

| 11. | Expresses its strong support for reforms leading towards democracy, the rule of law and social justice in Egypt, as expressed by the Egyptian people; renews its call for an assessment of the possibility of lifting the state of emergency throughout the country; calls for an immediate end to prosecution of civilians in military courts; |
| --- | --- |

11.

Expresses its strong support for reforms leading towards democracy, the rule of law and social justice in Egypt, as expressed by the Egyptian people; renews its call for an assessment of the possibility of lifting the state of emergency throughout the country; calls for an immediate end to prosecution of civilians in military courts;

| 12. | Reiterates its continuing concern about human smuggling and trafficking and about the situation of irregular migrants in the country, notably in the Sinai region; calls on the Egyptian authorities to further intensify their efforts to address these issues, not least by implementing fully national legislation on refugees and by granting UN agencies and human rights organisations full access to the individuals concerned in Sinai; |
| --- | --- |

12.

Reiterates its continuing concern about human smuggling and trafficking and about the situation of irregular migrants in the country, notably in the Sinai region; calls on the Egyptian authorities to further intensify their efforts to address these issues, not least by implementing fully national legislation on refugees and by granting UN agencies and human rights organisations full access to the individuals concerned in Sinai;

| 13. | Is deeply concerned at Egypt’s rapidly deteriorating economic situation and the protracted negotiations on a loan agreement with the IMF; welcomes the government’s renewed efforts to continue these negotiations; encourages the development of economic cooperation between the EU and Egypt, with enhanced bilateral dialogue on economic reform, as an important step towards building confidence among investors; |
| --- | --- |

13.

Is deeply concerned at Egypt’s rapidly deteriorating economic situation and the protracted negotiations on a loan agreement with the IMF; welcomes the government’s renewed efforts to continue these negotiations; encourages the development of economic cooperation between the EU and Egypt, with enhanced bilateral dialogue on economic reform, as an important step towards building confidence among investors;

| 14. | Urges the VP/HR and the Commission to develop the ‘more for more’ principle, with a particular focus on civil society, women’s rights and minority rights, in a more coherent and practical way, including clear conditions and benchmarks should the Egyptian Government steer away from democratic reforms and respect for human rights and freedoms, and as a cornerstone of the reviewed European Neighbourhood Policy, in the EU’s relations with the Egyptian Government, without creating a negative effect on the living conditions of the country’s population; |
| --- | --- |

14.

Urges the VP/HR and the Commission to develop the ‘more for more’ principle, with a particular focus on civil society, women’s rights and minority rights, in a more coherent and practical way, including clear conditions and benchmarks should the Egyptian Government steer away from democratic reforms and respect for human rights and freedoms, and as a cornerstone of the reviewed European Neighbourhood Policy, in the EU’s relations with the Egyptian Government, without creating a negative effect on the living conditions of the country’s population;

| 15. | Urges the VP/HR to hold the Egyptian authorities and President Morsi to their commitments to respect for human rights and fundamental freedoms; calls on the EU not to grant any budgetary support to the Egyptian authorities if no major progress is made regarding respect for human rights and freedoms, democratic governance and the rule of law; |
| --- | --- |

15.

Urges the VP/HR to hold the Egyptian authorities and President Morsi to their commitments to respect for human rights and fundamental freedoms; calls on the EU not to grant any budgetary support to the Egyptian authorities if no major progress is made regarding respect for human rights and freedoms, democratic governance and the rule of law;

| 16. | Expresses its full support for increased EU-Egypt cooperation, whether in the context of the Association Agreement and its action plans, the successful continuation of the EU-Egypt Task Force, regular human rights dialogues, increased business cooperation, improved mobility for Egyptians, particularly students, to the EU, the negotiation of a Deep and Comprehensive Free Trade Agreement or future market integration; |
| --- | --- |

16.

Expresses its full support for increased EU-Egypt cooperation, whether in the context of the Association Agreement and its action plans, the successful continuation of the EU-Egypt Task Force, regular human rights dialogues, increased business cooperation, improved mobility for Egyptians, particularly students, to the EU, the negotiation of a Deep and Comprehensive Free Trade Agreement or future market integration;

| 17. | Urges the EU and its Member States to make further significant efforts aimed at facilitating the return of misappropriated assets stolen by the former regime to the people of Egypt; calls, in this context, for the establishment by the EU of a group of investigators, lawyers and prosecutors from its Member States and other European countries to deliver legal support and assistance to the Egyptian authorities in this process; |
| --- | --- |

17.

Urges the EU and its Member States to make further significant efforts aimed at facilitating the return of misappropriated assets stolen by the former regime to the people of Egypt; calls, in this context, for the establishment by the EU of a group of investigators, lawyers and prosecutors from its Member States and other European countries to deliver legal support and assistance to the Egyptian authorities in this process;

| 18. | Instructs its President to forward this resolution to the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the Commission, the parliaments and governments of the Member States, and the Egyptian authorities. |
| --- | --- |

18.

Instructs its President to forward this resolution to the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the Commission, the parliaments and governments of the Member States, and the Egyptian authorities.

---

(1)  Texts adopted, P7_TA(2012)0064.

(2)  Texts adopted, P7_TA(2012)0092.

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| 29.1.2016 | EN | Official Journal of the European Union | C 36/123 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/123

---

P7_TA(2013)0096

Nuclear threats and human rights in North Korea

European Parliament resolution of 14 March 2013 on nuclear threats and human rights in the Democratic People’s Republic of Korea (2013/2565(RSP))

(2016/C 036/19)

The European Parliament,

| — | having regard to its previous resolutions on the Democratic People’s Republic of Korea (DPRK), |
| --- | --- |

—

having regard to its previous resolutions on the Democratic People’s Republic of Korea (DPRK),

| — | having regard to the Foreign Affairs Council conclusions of 18 February 2013 on the DPRK, |
| --- | --- |

—

having regard to the Foreign Affairs Council conclusions of 18 February 2013 on the DPRK,

| — | having regard to the resolutions of the United Nations Security Council 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 825 (1993), 1540 (2004), 1695 (2006) and 1887 (2009), |
| --- | --- |

—

having regard to the resolutions of the United Nations Security Council 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 825 (1993), 1540 (2004), 1695 (2006) and 1887 (2009),

| — | having regard to the Universal Declaration of Human Rights and to all relevant international human rights instruments, including the International Covenant of Civil and Political Rights, adopted and ratified by the DPRK, |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights and to all relevant international human rights instruments, including the International Covenant of Civil and Political Rights, adopted and ratified by the DPRK,

| — | having regard to the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, |
| --- | --- |

—

having regard to the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

| — | having regard to the relevant resolutions of the UN Human Rights Council, notably that adopted by consensus on 19 March 2012 on the situation of human rights in the Democratic People’s Republic of Korea, |
| --- | --- |

—

having regard to the relevant resolutions of the UN Human Rights Council, notably that adopted by consensus on 19 March 2012 on the situation of human rights in the Democratic People’s Republic of Korea,

| — | having regard to the report of 1 February 2013 by the UN Special Rapporteur on human rights in the Democratic People’s Republic of Korea, Marzuki Darusman, |
| --- | --- |

—

having regard to the report of 1 February 2013 by the UN Special Rapporteur on human rights in the Democratic People’s Republic of Korea, Marzuki Darusman,

| — | having regard to Rule 110(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) and (4) of its Rules of Procedure,

| A. | whereas the Council of the European Union and the UN Security Council condemned the DPRK’s launch of 12 December 2012, which used ballistic missile technology, and the nuclear test conducted on 12 February 2013, which clearly violates its international obligations under the UN Security Council resolutions and poses a serious threat to regional and international peace and security; |
| --- | --- |

A.

whereas the Council of the European Union and the UN Security Council condemned the DPRK’s launch of 12 December 2012, which used ballistic missile technology, and the nuclear test conducted on 12 February 2013, which clearly violates its international obligations under the UN Security Council resolutions and poses a serious threat to regional and international peace and security;

| B. | whereas the proliferation of nuclear, chemical and biological weapons and their means of delivery represents a threat to international peace and security; whereas the DPRK withdrew from the Nuclear Non-Proliferation Treaty (NPT) in 2003, has been conducting nuclear tests since 2006 and officially declared in 2009 that it had developed a nuclear weapon; whereas the pursuit of illegal nuclear and ballistic missile programmes constitutes a challenge to the international nuclear non-proliferation regime and risks aggravating regional tensions; |
| --- | --- |

B.

whereas the proliferation of nuclear, chemical and biological weapons and their means of delivery represents a threat to international peace and security; whereas the DPRK withdrew from the Nuclear Non-Proliferation Treaty (NPT) in 2003, has been conducting nuclear tests since 2006 and officially declared in 2009 that it had developed a nuclear weapon; whereas the pursuit of illegal nuclear and ballistic missile programmes constitutes a challenge to the international nuclear non-proliferation regime and risks aggravating regional tensions;

| C. | whereas this does not serve the DPRK’s claimed objective of improving its security; whereas the country, with its military-focused economy, is far from achieving its stated goal of becoming a strong and prosperous nation and has instead increasingly isolated and impoverished its people through its pursuit of weapons of mass destruction and their means of delivery; |
| --- | --- |

C.

whereas this does not serve the DPRK’s claimed objective of improving its security; whereas the country, with its military-focused economy, is far from achieving its stated goal of becoming a strong and prosperous nation and has instead increasingly isolated and impoverished its people through its pursuit of weapons of mass destruction and their means of delivery;

| D. | whereas the DPRK recently retracted from the Korean Armistice Treaty with the Republic of Korea and cut the hotline between Pyongyang and Seoul; whereas the Korean Peninsula has already faced tensions and military confrontation for decades; whereas the EU strongly supports the idea of a nuclear-free Korean peninsula, and considers the resumption of the Six-Party Talks to be essential for peace and stability in the region; |
| --- | --- |

D.

whereas the DPRK recently retracted from the Korean Armistice Treaty with the Republic of Korea and cut the hotline between Pyongyang and Seoul; whereas the Korean Peninsula has already faced tensions and military confrontation for decades; whereas the EU strongly supports the idea of a nuclear-free Korean peninsula, and considers the resumption of the Six-Party Talks to be essential for peace and stability in the region;

| E. | whereas the DPRK regime has not cooperated with the UN and has rejected all UN Human Rights Council and General Assembly resolutions regarding human rights in North Korea; whereas it has failed to cooperate with the UN Special Rapporteur on the situation of human rights in the country, and has rejected all assistance from the UN High Commissioner for Human Rights; |
| --- | --- |

E.

whereas the DPRK regime has not cooperated with the UN and has rejected all UN Human Rights Council and General Assembly resolutions regarding human rights in North Korea; whereas it has failed to cooperate with the UN Special Rapporteur on the situation of human rights in the country, and has rejected all assistance from the UN High Commissioner for Human Rights;

| F. | whereas the European Union is a defender and promoter of human rights and democracy in the world; whereas the human rights situation and the humanitarian situation in the DPRK remain deeply alarming; whereas the DPRK Government does not allow any political opposition, free and fair elections, free media, religious freedom, freedom of association, collective bargaining or freedom of movement; |
| --- | --- |

F.

whereas the European Union is a defender and promoter of human rights and democracy in the world; whereas the human rights situation and the humanitarian situation in the DPRK remain deeply alarming; whereas the DPRK Government does not allow any political opposition, free and fair elections, free media, religious freedom, freedom of association, collective bargaining or freedom of movement;

| G. | whereas the justice system is subservient to the state, while the death penalty is in force for a broad range of crimes against the state and is extended periodically under the criminal code, with citizens, including children, being forced to witness public executions; whereas the DPRK state authorities systematically perpetrate extrajudicial killings, arbitrary detention and disappearances, including in the form of abductions of foreign nationals, interning more than 200 000 people in prison and ‘re-education’ camps; |
| --- | --- |

G.

whereas the justice system is subservient to the state, while the death penalty is in force for a broad range of crimes against the state and is extended periodically under the criminal code, with citizens, including children, being forced to witness public executions; whereas the DPRK state authorities systematically perpetrate extrajudicial killings, arbitrary detention and disappearances, including in the form of abductions of foreign nationals, interning more than 200 000 people in prison and ‘re-education’ camps;

| H. | whereas the people of the DPRK have been exposed to decades of under-development, with poor health care and high levels of maternal and child malnutrition, in a context of political and economic isolation, recurrent natural disasters and international increases in food and fuel prices; whereas large parts of the population suffer from starvation and are, to a large extent, dependent on international food aid; whereas mass food shortages and famine have significant implications for a wide spectrum of human rights; whereas tens of thousands of North Koreans have fled to China, leaving their country because of widespread hunger and repression; |
| --- | --- |

H.

whereas the people of the DPRK have been exposed to decades of under-development, with poor health care and high levels of maternal and child malnutrition, in a context of political and economic isolation, recurrent natural disasters and international increases in food and fuel prices; whereas large parts of the population suffer from starvation and are, to a large extent, dependent on international food aid; whereas mass food shortages and famine have significant implications for a wide spectrum of human rights; whereas tens of thousands of North Koreans have fled to China, leaving their country because of widespread hunger and repression;

Nuclear threats

| 1. | Condemns the nuclear tests and missile activities carried out by the DPRK, and urges it to refrain from further provocative actions by suspending all activities related to its ballistic missile programme and abandoning, in a complete and irreversible manner, the existing nuclear programmes; calls on the DPRK to sign and ratify the Comprehensive Nuclear Test Ban Treaty without delay; |
| --- | --- |

1.

Condemns the nuclear tests and missile activities carried out by the DPRK, and urges it to refrain from further provocative actions by suspending all activities related to its ballistic missile programme and abandoning, in a complete and irreversible manner, the existing nuclear programmes; calls on the DPRK to sign and ratify the Comprehensive Nuclear Test Ban Treaty without delay;

| 2. | Condemns the official announcement by the DPRK that the country reserves its right to carry out a pre-emptive nuclear strike; calls on the DPRK to abide by the Charter of the United Nations, which obliges its Members to refrain from the threat or use of force against any other state; |
| --- | --- |

2.

Condemns the official announcement by the DPRK that the country reserves its right to carry out a pre-emptive nuclear strike; calls on the DPRK to abide by the Charter of the United Nations, which obliges its Members to refrain from the threat or use of force against any other state;

| 3. | Deplores the fact that the DPRK has scrapped the non-aggression pact with the Republic of Korea, closed its hotline with Seoul and shut their shared border point, placing its front-line troops on alert for a potential war; welcomes the further strengthening of sanctions by the Council and the UN Security Council vote of 7 March 2013 following the most recent nuclear test; calls on the DPRK to choose a constructive path by engaging with the international community, which would be conducive to regional stability and improve the welfare of the North Korean people; |
| --- | --- |

3.

Deplores the fact that the DPRK has scrapped the non-aggression pact with the Republic of Korea, closed its hotline with Seoul and shut their shared border point, placing its front-line troops on alert for a potential war; welcomes the further strengthening of sanctions by the Council and the UN Security Council vote of 7 March 2013 following the most recent nuclear test; calls on the DPRK to choose a constructive path by engaging with the international community, which would be conducive to regional stability and improve the welfare of the North Korean people;

| 4. | Urges the DPRK to re-establish its pre-existing commitments to a moratorium on missile launches and to rejoin the Non-Proliferation Treaty, which is the cornerstone of the nuclear non-proliferation regime and the foundation for the pursuit of nuclear disarmament and the peaceful use of nuclear energy; underlines the need to intensify efforts to strengthen the Treaty on the Non-Proliferation of Nuclear Weapons; recalls the final statement of the 2010 Nuclear Non-Proliferation Treaty Review Conference expressing ‘deep concern at the catastrophic consequences of any use of nuclear weapons’ and reaffirming ‘the need for all States at all times to comply with applicable international law, including international humanitarian law’; |
| --- | --- |

4.

Urges the DPRK to re-establish its pre-existing commitments to a moratorium on missile launches and to rejoin the Non-Proliferation Treaty, which is the cornerstone of the nuclear non-proliferation regime and the foundation for the pursuit of nuclear disarmament and the peaceful use of nuclear energy; underlines the need to intensify efforts to strengthen the Treaty on the Non-Proliferation of Nuclear Weapons; recalls the final statement of the 2010 Nuclear Non-Proliferation Treaty Review Conference expressing ‘deep concern at the catastrophic consequences of any use of nuclear weapons’ and reaffirming ‘the need for all States at all times to comply with applicable international law, including international humanitarian law’;

| 5. | Affirms its desire for a diplomatic and political solution to the DPRK nuclear issue; reiterates its support for the Six-Party Talks and calls for their resumption; urges all the participants in the Six-Party Talks to intensify their efforts; calls on the DPRK to re-engage constructively with the international community, and in particular the members of the Six-Party Talks, in order to work towards lasting peace and security on a nuclear-free Korean peninsula and as the best means to secure a more prosperous and stable future for the DPRK; |
| --- | --- |

5.

Affirms its desire for a diplomatic and political solution to the DPRK nuclear issue; reiterates its support for the Six-Party Talks and calls for their resumption; urges all the participants in the Six-Party Talks to intensify their efforts; calls on the DPRK to re-engage constructively with the international community, and in particular the members of the Six-Party Talks, in order to work towards lasting peace and security on a nuclear-free Korean peninsula and as the best means to secure a more prosperous and stable future for the DPRK;

| 6. | Calls on the People’s Republic of China — a permanent member of the UN Security Council and the DPRK’s main trading ally — to exert its influence over the DPRK to ensure that the situation does not escalate further, and notes the support of the People’s Republic of China for UN Security Council resolution 2094 (2013); notes the consensus among the members of the UN Security Council reacting to the recent nuclear test by the DPRK; |
| --- | --- |

6.

Calls on the People’s Republic of China — a permanent member of the UN Security Council and the DPRK’s main trading ally — to exert its influence over the DPRK to ensure that the situation does not escalate further, and notes the support of the People’s Republic of China for UN Security Council resolution 2094 (2013); notes the consensus among the members of the UN Security Council reacting to the recent nuclear test by the DPRK;

| 7. | Underlines in this context the need to intensify worldwide efforts towards nuclear disarmament; calls for interim and confidence-building measures; |
| --- | --- |

7.

Underlines in this context the need to intensify worldwide efforts towards nuclear disarmament; calls for interim and confidence-building measures;

Human rights

| 8. | Expresses its deepest concern over the deteriorating human rights situation in the DPRK, which has been described by past and present UN Special Rapporteurs for North Korea as being in a category of its own, as egregious, widespread and systematic, and as possibly amounting to crimes against humanity; calls on the DPRK to engage in a meaningful dialogue on human rights with the European Union; |
| --- | --- |

8.

Expresses its deepest concern over the deteriorating human rights situation in the DPRK, which has been described by past and present UN Special Rapporteurs for North Korea as being in a category of its own, as egregious, widespread and systematic, and as possibly amounting to crimes against humanity; calls on the DPRK to engage in a meaningful dialogue on human rights with the European Union;

| 9. | Calls on the Government of the DPRK to fulfil its obligations under the human rights instruments to which it is a party, and to ensure that humanitarian organisations, independent human rights monitors and the UN Special Rapporteur on the situation of human rights in the DPRK have access to the country and are provided with the necessary cooperation; |
| --- | --- |

9.

Calls on the Government of the DPRK to fulfil its obligations under the human rights instruments to which it is a party, and to ensure that humanitarian organisations, independent human rights monitors and the UN Special Rapporteur on the situation of human rights in the DPRK have access to the country and are provided with the necessary cooperation;

| 10. | Welcomes the establishment of a UN Commission of Inquiry on the DPRK, as proposed by the European Union and Japan; |
| --- | --- |

10.

Welcomes the establishment of a UN Commission of Inquiry on the DPRK, as proposed by the European Union and Japan;

| 11. | Calls on the government to declare a moratorium on all executions, with a view to abolishing the death penalty in the near future; calls on the DPRK to put an end to extrajudicial killings and enforced disappearances, to release political prisoners and to allow its citizens to travel freely, both within and outside the country; calls on the DPRK to allow free expression and press freedom for national and international media, and to allow its citizens uncensored access to the internet; |
| --- | --- |

11.

Calls on the government to declare a moratorium on all executions, with a view to abolishing the death penalty in the near future; calls on the DPRK to put an end to extrajudicial killings and enforced disappearances, to release political prisoners and to allow its citizens to travel freely, both within and outside the country; calls on the DPRK to allow free expression and press freedom for national and international media, and to allow its citizens uncensored access to the internet;

| 12. | Expresses its particular concern about the severity of the food situation the country is facing and its impact on the economic, social and cultural rights of the population; calls on the Commission to maintain existing humanitarian aid programmes and channels of communication with the DPRK, and to secure their safe delivery to the targeted parts of the population; calls on the DPRK authorities to ensure access for all citizens to food and humanitarian assistance on the basis of need, in accordance with humanitarian principles; |
| --- | --- |

12.

Expresses its particular concern about the severity of the food situation the country is facing and its impact on the economic, social and cultural rights of the population; calls on the Commission to maintain existing humanitarian aid programmes and channels of communication with the DPRK, and to secure their safe delivery to the targeted parts of the population; calls on the DPRK authorities to ensure access for all citizens to food and humanitarian assistance on the basis of need, in accordance with humanitarian principles;

o

o o

| 13. | 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 EU Special Representative on Human Rights, the Government of the Democratic People’s Republic of Korea, the Government of the Republic of Korea, the Government of the People’s Republic of China, the UN Special Rapporteur on the situation of human rights in the DPRK, and the UN Secretary-General. |
| --- | --- |

13.

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 EU Special Representative on Human Rights, the Government of the Democratic People’s Republic of Korea, the Government of the Republic of Korea, the Government of the People’s Republic of China, the UN Special Rapporteur on the situation of human rights in the DPRK, and the UN Secretary-General.

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| 29.1.2016 | EN | Official Journal of the European Union | C 36/126 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/126

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P7_TA(2013)0097

EU-China relations

European Parliament resolution of 14 March 2013 on EU-China relations (2012/2137(INI))

(2016/C 036/20)

The European Parliament,

| — | having regard to the establishment of diplomatic relations between the EU and China in May 1975, |
| --- | --- |

—

having regard to the establishment of diplomatic relations between the EU and China in May 1975,

| — | having regard to the main legal framework for relations with China, namely the EC-China Trade and Economic Cooperation Agreement (1), signed in May 1985, which covers economic and trade relations and the EU-China cooperation programme, |
| --- | --- |

—

having regard to the main legal framework for relations with China, namely the EC-China Trade and Economic Cooperation Agreement (1), signed in May 1985, which covers economic and trade relations and the EU-China cooperation programme,

| — | having regard to the negotiations on a new Partnership and Cooperation Agreement that have been ongoing since 2007, |
| --- | --- |

—

having regard to the negotiations on a new Partnership and Cooperation Agreement that have been ongoing since 2007,

| — | having regard to the EU-China Strategic Partnership launched in 2003, |
| --- | --- |

—

having regard to the EU-China Strategic Partnership launched in 2003,

| — | having regard to the structured EU-China political dialogue formally established in 1994 and the High-Level Strategic Dialogue on strategic and foreign policy issues established in 2010, |
| --- | --- |

—

having regard to the structured EU-China political dialogue formally established in 1994 and the High-Level Strategic Dialogue on strategic and foreign policy issues established in 2010,

| — | having regard to the Commission communication of 24 October 2006 to the Council and the European Parliament entitled ‘EU — China: Closer partners, growing responsibilities’ (COM(2006)0631), |
| --- | --- |

—

having regard to the Commission communication of 24 October 2006 to the Council and the European Parliament entitled ‘EU — China: Closer partners, growing responsibilities’ (COM(2006)0631),

| — | having regard to the Commission policy paper entitled ‘A maturing partnership: shared interests and challenges in EU-China relations’ (COM(2003)0533), endorsed by the European Council on 13 October 2003, |
| --- | --- |

—

having regard to the Commission policy paper entitled ‘A maturing partnership: shared interests and challenges in EU-China relations’ (COM(2003)0533), endorsed by the European Council on 13 October 2003,

| — | having regard to the Council’s East Asia Policy Guidelines, |
| --- | --- |

—

having regard to the Council’s East Asia Policy Guidelines,

| — | having regard to the General Affairs and External Relations Council conclusions of 11—12 December 2006 entitled ‘EU-China Strategic Partnership’, |
| --- | --- |

—

having regard to the General Affairs and External Relations Council conclusions of 11—12 December 2006 entitled ‘EU-China Strategic Partnership’,

| — | having regard to the Commission Strategy Paper for China 2007-2013, the Multiannual Indicative Programme 2011-2013, and the 2010 mid-term review of the Strategy Paper and review of the Multiannual Indicative Programme 2011-2013, |
| --- | --- |

—

having regard to the Commission Strategy Paper for China 2007-2013, the Multiannual Indicative Programme 2011-2013, and the 2010 mid-term review of the Strategy Paper and review of the Multiannual Indicative Programme 2011-2013,

| — | having regard to the first ever policy paper by China on the EU, issued on 13 October 2003, |
| --- | --- |

—

having regard to the first ever policy paper by China on the EU, issued on 13 October 2003,

| — | having regard to the EU-China dialogue on human rights, launched in 1995, and to the latest two rounds of the dialogue, the 30th round held in Beijing on 16 June 2011 and the 31st round held in Brussels on 29 May 2012, |
| --- | --- |

—

having regard to the EU-China dialogue on human rights, launched in 1995, and to the latest two rounds of the dialogue, the 30th round held in Beijing on 16 June 2011 and the 31st round held in Brussels on 29 May 2012,

| — | having regard to the almost 60 sectoral dialogues ongoing between China and the Union concerning, inter alia, the environment, regional policy, employment and social affairs, and civil society, |
| --- | --- |

—

having regard to the almost 60 sectoral dialogues ongoing between China and the Union concerning, inter alia, the environment, regional policy, employment and social affairs, and civil society,

| — | having regard to the establishment in February 2012 of the EU-China High-Level People-to-People Dialogue, which will accommodate all EU-China joint initiatives in this field, |
| --- | --- |

—

having regard to the establishment in February 2012 of the EU-China High-Level People-to-People Dialogue, which will accommodate all EU-China joint initiatives in this field,

| — | having regard to the scientific and technological cooperation agreement between the EC and China signed in December 1998, which entered into force in 2000 (2) and was renewed in 2004 and 2009, the Science and Technology Partnership Agreement signed on 20 May 2009 and the EC-China Joint statement on energy cooperation of 8 December 2010, |
| --- | --- |

—

having regard to the scientific and technological cooperation agreement between the EC and China signed in December 1998, which entered into force in 2000 (2) and was renewed in 2004 and 2009, the Science and Technology Partnership Agreement signed on 20 May 2009 and the EC-China Joint statement on energy cooperation of 8 December 2010,

| — | having regard to the agreement with China on cooperation in the EU’s Galileo satellite navigation programme, signed on 30 October 2003, |
| --- | --- |

—

having regard to the agreement with China on cooperation in the EU’s Galileo satellite navigation programme, signed on 30 October 2003,

| — | having regard to the 15th EU-China Summit, which took place in Brussels on 20 September 2012, and to the Joint Press Communiqué issued at the conclusion thereof, |
| --- | --- |

—

having regard to the 15th EU-China Summit, which took place in Brussels on 20 September 2012, and to the Joint Press Communiqué issued at the conclusion thereof,

| — | having regard to the EU-China Partnership on Climate Change agreed, and the Joint Declaration on Climate Change issued, at the 8th EU-China Summit in September 2005, |
| --- | --- |

—

having regard to the EU-China Partnership on Climate Change agreed, and the Joint Declaration on Climate Change issued, at the 8th EU-China Summit in September 2005,

| — | having regard to the EU-China Joint Declaration on Energy Security made in Brussels on 3 May 2012, and to the 5th meeting of the Energy Dialogue between the EC and China held in November 2011, |
| --- | --- |

—

having regard to the EU-China Joint Declaration on Energy Security made in Brussels on 3 May 2012, and to the 5th meeting of the Energy Dialogue between the EC and China held in November 2011,

| — | having regard to the China-EU Round Tables, |
| --- | --- |

—

having regard to the China-EU Round Tables,

| — | having regard to the 18th National Congress of the Communist Party of China, which took place from 8—14 November 2012, and to the leadership changes in the Politburo Standing Committee as decided at the congress, |
| --- | --- |

—

having regard to the 18th National Congress of the Communist Party of China, which took place from 8—14 November 2012, and to the leadership changes in the Politburo Standing Committee as decided at the congress,

| — | having regard to its most recent Interparliamentary Meeting with China, which took place in Brussels on 11 and 12 July 2012, |
| --- | --- |

—

having regard to its most recent Interparliamentary Meeting with China, which took place in Brussels on 11 and 12 July 2012,

| — | having regard to its recent resolutions on China, in particular those of 23 May 2012 on EU and China: Unbalanced Trade? (3), of 2 February 2012 on the EU foreign policy towards the BRICs and other emerging powers: objectives and strategies (4), and of 12 September 2012 on the Annual Report from the Council to the European Parliament on the Common Foreign and Security Policy (CFSP) (5), |
| --- | --- |

—

having regard to its recent resolutions on China, in particular those of 23 May 2012 on EU and China: Unbalanced Trade? (3), of 2 February 2012 on the EU foreign policy towards the BRICs and other emerging powers: objectives and strategies (4), and of 12 September 2012 on the Annual Report from the Council to the European Parliament on the Common Foreign and Security Policy (CFSP) (5),

| — | having regard to its resolutions of 7 September 2006 on EU-China relations (6) and of 5 February 2009 on trade and economic relations with China (7), |
| --- | --- |

—

having regard to its resolutions of 7 September 2006 on EU-China relations (6) and of 5 February 2009 on trade and economic relations with China (7),

| — | having regard to its human rights resolutions of 21 January 2010 on human rights violations in China, notably the case of Liu Xiaobo (8), of 10 March 2011 on the situation and cultural heritage in Kashgar (Xinjiang Uighur Autonomous Region, China) (9), of 7 April 2011 on the case of Ai Weiwei (10), of 5 July 2012 on the forced abortion scandal in China (11), of 26 November 2009 on China: minority rights and application of the death penalty (12), of 16 December 2010 on the Annual Report on Human Rights in the World 2009 and the European Union’s policy on the matter (13), |
| --- | --- |

—

having regard to its human rights resolutions of 21 January 2010 on human rights violations in China, notably the case of Liu Xiaobo (8), of 10 March 2011 on the situation and cultural heritage in Kashgar (Xinjiang Uighur Autonomous Region, China) (9), of 7 April 2011 on the case of Ai Weiwei (10), of 5 July 2012 on the forced abortion scandal in China (11), of 26 November 2009 on China: minority rights and application of the death penalty (12), of 16 December 2010 on the Annual Report on Human Rights in the World 2009 and the European Union’s policy on the matter (13),

| — | having regard to the EU arms embargo introduced after the Tiananmen crackdown of June 1989, as supported by Parliament in its resolution of 2 February 2006 on the main aspects and basic choices of Common Foreign and Security Policy (14), |
| --- | --- |

—

having regard to the EU arms embargo introduced after the Tiananmen crackdown of June 1989, as supported by Parliament in its resolution of 2 February 2006 on the main aspects and basic choices of Common Foreign and Security Policy (14),

| — | having regard to its resolution of 7 July 2005 on relations between the EU, China and Taiwan and security in the Far East (15), |
| --- | --- |

—

having regard to its resolution of 7 July 2005 on relations between the EU, China and Taiwan and security in the Far East (15),

| — | having regard to its previous resolutions on Tibet and the human rights situation in China, in particular its resolutions of 25 November 2010 on Tibet: plans to make Chinese the main language of instruction (16), of 27 October 2011 on Tibet, in particular self-immolation by nuns and monks (17) and of 14 June 2012 on Tibet: the human rights situation (18), |
| --- | --- |

—

having regard to its previous resolutions on Tibet and the human rights situation in China, in particular its resolutions of 25 November 2010 on Tibet: plans to make Chinese the main language of instruction (16), of 27 October 2011 on Tibet, in particular self-immolation by nuns and monks (17) and of 14 June 2012 on Tibet: the human rights situation (18),

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A7-0434/2012), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A7-0434/2012),

| A. | whereas the EU-China strategic partnership is of great importance for relations between the EU and China, and whereas this relationship is paramount for finding answers to global concerns, such as global and regional security, the economic crisis, global financial and market regulation, energy security, weapons of mass destruction and nuclear non-proliferation, climate change, the economic and social development of a market economy, the promotion of democracy and human rights and the fight against organised crime, terrorism and piracy, as well as in creating a framework to address bilateral concerns between the EU and China; |
| --- | --- |

A.

whereas the EU-China strategic partnership is of great importance for relations between the EU and China, and whereas this relationship is paramount for finding answers to global concerns, such as global and regional security, the economic crisis, global financial and market regulation, energy security, weapons of mass destruction and nuclear non-proliferation, climate change, the economic and social development of a market economy, the promotion of democracy and human rights and the fight against organised crime, terrorism and piracy, as well as in creating a framework to address bilateral concerns between the EU and China;

| B. | whereas a strategic partnership requires a strong commitment to mutual responsibility and a good level of confidence, and must be based on universal values; |
| --- | --- |

B.

whereas a strategic partnership requires a strong commitment to mutual responsibility and a good level of confidence, and must be based on universal values;

| C. | whereas EU-China relations have developed considerably since the signing of the EU-China cooperation agreement in 1985; whereas the Commission adopted its main political strategy on China in 2006 and, in this context, launched negotiations in January 2007 on a comprehensive partnership and cooperation agreement with a view to further improving relations between the EU and China, in particular in the field of trade and investment; |
| --- | --- |

C.

whereas EU-China relations have developed considerably since the signing of the EU-China cooperation agreement in 1985; whereas the Commission adopted its main political strategy on China in 2006 and, in this context, launched negotiations in January 2007 on a comprehensive partnership and cooperation agreement with a view to further improving relations between the EU and China, in particular in the field of trade and investment;

| D. | whereas China is undergoing a process of socio-economic transition from an extensive model based on a state-controlled economy to a model based on more economic freedoms, which in turn has allowed a large proportion of the Chinese population to raise its standard of living; |
| --- | --- |

D.

whereas China is undergoing a process of socio-economic transition from an extensive model based on a state-controlled economy to a model based on more economic freedoms, which in turn has allowed a large proportion of the Chinese population to raise its standard of living;

| E. | whereas, however, similar progress has not been made in the field of political liberties; |
| --- | --- |

E.

whereas, however, similar progress has not been made in the field of political liberties;

| F. | whereas human rights are complementary, universal, inalienable, indivisible and interdependent; whereas China shows its preoccupation with economic and social human rights (e.g. food, clothing, economic development) while the EU takes a broader approach to human rights, including and with a particular emphasis on civil and political rights (e.g. freedom of speech, religion and association); |
| --- | --- |

F.

whereas human rights are complementary, universal, inalienable, indivisible and interdependent; whereas China shows its preoccupation with economic and social human rights (e.g. food, clothing, economic development) while the EU takes a broader approach to human rights, including and with a particular emphasis on civil and political rights (e.g. freedom of speech, religion and association);

| G. | whereas Chinese civil rights activists have reported on the deprivation of their liberty when they disappeared in police custody for several months, without any arrest warrant, indictment, contact with their families or legal aid; |
| --- | --- |

G.

whereas Chinese civil rights activists have reported on the deprivation of their liberty when they disappeared in police custody for several months, without any arrest warrant, indictment, contact with their families or legal aid;

| H. | whereas already in 2007 President Hu Jintao instructed the highest level of the judiciary that judges should be guided by three ‘supremacies’– the party, the people and the law, in that order — and whereas the Chinese Ministry of Justice decreed in March 2012 that all lawyers should swear an oath of allegiance to the Chinese Communist Party (CCP) in order to obtain or renew their licence; |
| --- | --- |

H.

whereas already in 2007 President Hu Jintao instructed the highest level of the judiciary that judges should be guided by three ‘supremacies’– the party, the people and the law, in that order — and whereas the Chinese Ministry of Justice decreed in March 2012 that all lawyers should swear an oath of allegiance to the Chinese Communist Party (CCP) in order to obtain or renew their licence;

| I. | whereas the shocking news of mid-June 2012 regarding the extremely cruel forced abortion of the unborn daughter of seven-month-pregnant Feng Jianmei fuelled the debate on the abolition of the official one-child policy; |
| --- | --- |

I.

whereas the shocking news of mid-June 2012 regarding the extremely cruel forced abortion of the unborn daughter of seven-month-pregnant Feng Jianmei fuelled the debate on the abolition of the official one-child policy;

| J. | whereas, despite the Chinese Government’s progress in promoting some economic and social rights, the exercise of the rights to freedom of expression, association and assembly, press freedom and the right to join a trade union is persistently repressed; whereas human rights organisations continue to report serious human rights abuses by the Chinese authorities, including the sentencing of high-profile dissidents such as imprisoned Nobel Peace Prize laureate Liu Xiaobo, expanded restrictions on media and internet freedom, tightened surveillance and harassment of lawyers, human rights defenders and non-governmental organisations, broadened control and oppression of Uighurs, Tibetans and their freedoms, and increasing numbers of enforced disappearances and arbitrary detentions, including in secret, unlawful detention facilities known as ‘black jails’; whereas repressive policies against Tibetans’ basic freedoms have triggered a worrying number of self-immolations in recent years; |
| --- | --- |

J.

whereas, despite the Chinese Government’s progress in promoting some economic and social rights, the exercise of the rights to freedom of expression, association and assembly, press freedom and the right to join a trade union is persistently repressed; whereas human rights organisations continue to report serious human rights abuses by the Chinese authorities, including the sentencing of high-profile dissidents such as imprisoned Nobel Peace Prize laureate Liu Xiaobo, expanded restrictions on media and internet freedom, tightened surveillance and harassment of lawyers, human rights defenders and non-governmental organisations, broadened control and oppression of Uighurs, Tibetans and their freedoms, and increasing numbers of enforced disappearances and arbitrary detentions, including in secret, unlawful detention facilities known as ‘black jails’; whereas repressive policies against Tibetans’ basic freedoms have triggered a worrying number of self-immolations in recent years;

| K. | whereas China is a State Party to the International Covenant on Civil and Political Rights (ICCPR) and a permanent member of the United Nations Security Council; whereas this status entails a special duty for China to abide by its international legal obligations under the ICCPR and the Charter of the United Nations; |
| --- | --- |

K.

whereas China is a State Party to the International Covenant on Civil and Political Rights (ICCPR) and a permanent member of the United Nations Security Council; whereas this status entails a special duty for China to abide by its international legal obligations under the ICCPR and the Charter of the United Nations;

| L. | whereas Hu Jia, the 2008 Sakharov Prize laureate, remains under house arrest and is subject to extensive surveillance and restricted communication; |
| --- | --- |

L.

whereas Hu Jia, the 2008 Sakharov Prize laureate, remains under house arrest and is subject to extensive surveillance and restricted communication;

| M. | whereas the Chinese state recognises only five religions, namely Buddhism, Daoism, Islam and Christianity (both Catholicism and Protestantism); whereas all of these religions have centralised governing bodies with headquarters in Beijing and are staffed by officials loyal to the CCP; whereas the CCP appoints top religious leaders and has banned non-approved religious groups such as Falun Gong since 1999 with the aim of eradicating the practice; whereas, as a consequence of this ban, human rights organisations have reported extralegal coercive measures such as arbitrary arrests, forced labour and physical torture, sometimes resulting in death; |
| --- | --- |

M.

whereas the Chinese state recognises only five religions, namely Buddhism, Daoism, Islam and Christianity (both Catholicism and Protestantism); whereas all of these religions have centralised governing bodies with headquarters in Beijing and are staffed by officials loyal to the CCP; whereas the CCP appoints top religious leaders and has banned non-approved religious groups such as Falun Gong since 1999 with the aim of eradicating the practice; whereas, as a consequence of this ban, human rights organisations have reported extralegal coercive measures such as arbitrary arrests, forced labour and physical torture, sometimes resulting in death;

| N. | whereas the Tibet Autonomous Region, other Tibetan autonomous areas and the Xinjiang Uyghur Autonomous Region have become increasingly important as regards China’s strategic, regional, military and economic considerations and are therefore seen by the Chinese Government as core issues for China’s territorial integrity; whereas since 2009 at least 90 Tibetans have self-immolated in Tibetan-populated areas of the People’s Republic of China (PRC), including the Tibet Autonomous Region and Tibetan autonomous areas within the Gansu, Sichuan and Qinghai provinces; |
| --- | --- |

N.

whereas the Tibet Autonomous Region, other Tibetan autonomous areas and the Xinjiang Uyghur Autonomous Region have become increasingly important as regards China’s strategic, regional, military and economic considerations and are therefore seen by the Chinese Government as core issues for China’s territorial integrity; whereas since 2009 at least 90 Tibetans have self-immolated in Tibetan-populated areas of the People’s Republic of China (PRC), including the Tibet Autonomous Region and Tibetan autonomous areas within the Gansu, Sichuan and Qinghai provinces;

| O. | whereas, although the opening-up of the Chinese economy has brought major benefits such as better access to the employment market and a fall in rural unemployment, not all segments of the Chinese population have benefited equally from China’s economic growth and there are large disparities emerging between urban and rural parts of the country; |
| --- | --- |

O.

whereas, although the opening-up of the Chinese economy has brought major benefits such as better access to the employment market and a fall in rural unemployment, not all segments of the Chinese population have benefited equally from China’s economic growth and there are large disparities emerging between urban and rural parts of the country;

| P. | whereas inequalities between urban and rural populations in terms of income and access to employment, social welfare, healthcare and education constitute a significant cohesion policy challenge for China; |
| --- | --- |

P.

whereas inequalities between urban and rural populations in terms of income and access to employment, social welfare, healthcare and education constitute a significant cohesion policy challenge for China;

| Q. | whereas EU-China cooperation in the field of science and technology is a matter of common interest; whereas internet use has spread in China and there are now more than 500 million users forming an online body of public opinion; whereas, however, the country’s internet environment remains very restrictive; |
| --- | --- |

Q.

whereas EU-China cooperation in the field of science and technology is a matter of common interest; whereas internet use has spread in China and there are now more than 500 million users forming an online body of public opinion; whereas, however, the country’s internet environment remains very restrictive;

| R. | whereas the EU is the world’s leading tourist destination, whereas 100 million Chinese are expected to travel abroad by 2020 and whereas it is therefore necessary to support initiatives aimed at attracting these new tourist flows; |
| --- | --- |

R.

whereas the EU is the world’s leading tourist destination, whereas 100 million Chinese are expected to travel abroad by 2020 and whereas it is therefore necessary to support initiatives aimed at attracting these new tourist flows;

| S. | whereas China is the world’s biggest carbon dioxide emitter and whereas emission levels are still increasing rapidly; whereas China’s per capita CO2 emissions reached 6,8 tonnes in 2010 and are expected to overtake US per capita emissions by 2017; |
| --- | --- |

S.

whereas China is the world’s biggest carbon dioxide emitter and whereas emission levels are still increasing rapidly; whereas China’s per capita CO2 emissions reached 6,8 tonnes in 2010 and are expected to overtake US per capita emissions by 2017;

| T. | whereas China is stepping up its efforts as regards market-based emissions trading systems; whereas China is carrying out seven pilot projects in this area with the purpose of establishing a national emissions trading scheme in 2015; |
| --- | --- |

T.

whereas China is stepping up its efforts as regards market-based emissions trading systems; whereas China is carrying out seven pilot projects in this area with the purpose of establishing a national emissions trading scheme in 2015;

| U. | whereas the 21st century is seeing China return to the world scene as an economic and commercial power, on account of its rapidly growing economic power and opaque military build-up; |
| --- | --- |

U.

whereas the 21st century is seeing China return to the world scene as an economic and commercial power, on account of its rapidly growing economic power and opaque military build-up;

| V. | whereas the EU adheres to its one-China policy in the context of cross-Strait relations between the PRC and Taiwan; |
| --- | --- |

V.

whereas the EU adheres to its one-China policy in the context of cross-Strait relations between the PRC and Taiwan;

| W. | whereas the positive role played by the PRC in South-East Asia in terms of economic regionalisation and dynamics is becoming increasingly overshadowed by territorial disputes in the South China Sea with Vietnam. Malaysia, Indonesia, Brunei, the Philippines and Taiwan, and in the East China Sea with Japan and Taiwan — all areas rich in fish and in oil and gas reserves; |
| --- | --- |

W.

whereas the positive role played by the PRC in South-East Asia in terms of economic regionalisation and dynamics is becoming increasingly overshadowed by territorial disputes in the South China Sea with Vietnam. Malaysia, Indonesia, Brunei, the Philippines and Taiwan, and in the East China Sea with Japan and Taiwan — all areas rich in fish and in oil and gas reserves;

| X. | whereas China maintains close relations with North Korea, the latter being largely economically dependent on the former, with an inflow of Chinese money and tourists being vital to the survival of the Pyongyang regime in its current state; |
| --- | --- |

X.

whereas China maintains close relations with North Korea, the latter being largely economically dependent on the former, with an inflow of Chinese money and tourists being vital to the survival of the Pyongyang regime in its current state;

| Y | whereas China is cooperating with Russia, four Central Asian countries (Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan) and four observer countries (India, Iran, Mongolia and Pakistan) in the Shanghai Cooperation Organisation (SCO); whereas Chinese investments in Central Asia will rise in the next decade from USD 20 billion to USD 100 billion, as announced at the SCO Summit in Beijing on 6 June 2012; |
| --- | --- |

Y

whereas China is cooperating with Russia, four Central Asian countries (Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan) and four observer countries (India, Iran, Mongolia and Pakistan) in the Shanghai Cooperation Organisation (SCO); whereas Chinese investments in Central Asia will rise in the next decade from USD 20 billion to USD 100 billion, as announced at the SCO Summit in Beijing on 6 June 2012;

| Z. | whereas the deepening relations between Beijing and Washington, along with the strong financial and economic ties between the two countries, constitute one of the world’s most significant bilateral relationships; whereas Europe is China’s first trading partner; |
| --- | --- |

Z.

whereas the deepening relations between Beijing and Washington, along with the strong financial and economic ties between the two countries, constitute one of the world’s most significant bilateral relationships; whereas Europe is China’s first trading partner;

| AA. | whereas nowhere in the world is China’s explosive growth more visible than in Africa and Latin America; whereas this is illustrated in particular by the impressive rise in China’s mutual trade volume in Africa, which increased by 80 % between 2009 and 2011 to USD 166,3 billion, according to statistics released by the Chinese Trade Ministry; whereas Chinese foreign direct investment in Africa rose by 58,9 % in 2011 to USD 1,7 billion; whereas Chinese interests in Africa are visible through major development projects such as railways, roads and social welfare projects; |
| --- | --- |

AA.

whereas nowhere in the world is China’s explosive growth more visible than in Africa and Latin America; whereas this is illustrated in particular by the impressive rise in China’s mutual trade volume in Africa, which increased by 80 % between 2009 and 2011 to USD 166,3 billion, according to statistics released by the Chinese Trade Ministry; whereas Chinese foreign direct investment in Africa rose by 58,9 % in 2011 to USD 1,7 billion; whereas Chinese interests in Africa are visible through major development projects such as railways, roads and social welfare projects;

EU-China Strategic Partnership and cooperation

| 1. | Supports the public commitment made by the EU and China during their High-Level Strategic Dialogue of 9—10 July 2012 in Beijing to setting a good example of international cooperation in the 21st century through their Strategic Partnership based on shared interests and mutual understanding; supports and encourages the almost 60 sectoral dialogues between the EU and China, with the conviction that an enhanced and highly developed partnership will be mutually beneficial to both the EU and China; wishes, however, to see a strengthening of these dialogues in the fields of human rights, the environment, security, energy and in particular the fight against counterfeit products, in view of its impact on public health and safety; encourages efforts to actively seek synergies between China’s 12th Five-Year Plan and the Europe 2020 strategy with a view to deepening pragmatic cooperation in various fields; believes, moreover, that the concept of strategic partnership must be better defined; calls for increased trade and economic relations with China to go hand in hand with considerable progress in the political dialogue on human rights and the rule of law; |
| --- | --- |

1.

Supports the public commitment made by the EU and China during their High-Level Strategic Dialogue of 9—10 July 2012 in Beijing to setting a good example of international cooperation in the 21st century through their Strategic Partnership based on shared interests and mutual understanding; supports and encourages the almost 60 sectoral dialogues between the EU and China, with the conviction that an enhanced and highly developed partnership will be mutually beneficial to both the EU and China; wishes, however, to see a strengthening of these dialogues in the fields of human rights, the environment, security, energy and in particular the fight against counterfeit products, in view of its impact on public health and safety; encourages efforts to actively seek synergies between China’s 12th Five-Year Plan and the Europe 2020 strategy with a view to deepening pragmatic cooperation in various fields; believes, moreover, that the concept of strategic partnership must be better defined; calls for increased trade and economic relations with China to go hand in hand with considerable progress in the political dialogue on human rights and the rule of law;

| 2. | Expects Member States to give the European External Action Service (EEAS) and especially its Delegation in Beijing a clear mandate to strengthen the EU-China Strategic Partnership by speaking with one voice to the Chinese Government, and to refrain from implementing bilateral foreign policy initiatives that may jeopardise the efforts being made by the EEAS; calls for the EU to implement a long-term strategy vis-à-vis China, providing operational coordination both between the institutions of the Union and between the Union and its Member States; expects the Chinese authorities, at all political levels, to strengthen the EU-China Strategic Partnership through the consistent and transparent application of mutual and international agreements and rules; |
| --- | --- |

2.

Expects Member States to give the European External Action Service (EEAS) and especially its Delegation in Beijing a clear mandate to strengthen the EU-China Strategic Partnership by speaking with one voice to the Chinese Government, and to refrain from implementing bilateral foreign policy initiatives that may jeopardise the efforts being made by the EEAS; calls for the EU to implement a long-term strategy vis-à-vis China, providing operational coordination both between the institutions of the Union and between the Union and its Member States; expects the Chinese authorities, at all political levels, to strengthen the EU-China Strategic Partnership through the consistent and transparent application of mutual and international agreements and rules;

| 3. | Welcomes the agreements reached during the 15th EU-China Summit held in Brussels on 20 September 2012; urges their swift operationalisation and implementation, which will strengthen relations between the Union and China; |
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3.

Welcomes the agreements reached during the 15th EU-China Summit held in Brussels on 20 September 2012; urges their swift operationalisation and implementation, which will strengthen relations between the Union and China;

| 4. | Welcomes also the commitments made at the 15th EU-China Summit, in particular regarding the negotiation of an agreement on investment and the establishment of a regular dialogue on defence and security issues; |
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4.

Welcomes also the commitments made at the 15th EU-China Summit, in particular regarding the negotiation of an agreement on investment and the establishment of a regular dialogue on defence and security issues;

| 5. | Considers that relations between the EU and China, both at the economic and trade levels and at the cultural and social levels, could be one of the major factors in the development and betterment of both societies and therefore sees this cooperation as vital for the interests of both sides; |
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5.

Considers that relations between the EU and China, both at the economic and trade levels and at the cultural and social levels, could be one of the major factors in the development and betterment of both societies and therefore sees this cooperation as vital for the interests of both sides;

| 6. | Welcomes the launch and successful first round of the EU-China High-Level People-to-People Dialogue; expresses satisfaction with the progress and achievements of the EU-China Year of Intercultural Dialogue and takes note of the agreement reached at the 15th EU-China Summit on a series of follow-up actions in various areas relating to education, culture, multilingualism and youth; |
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6.

Welcomes the launch and successful first round of the EU-China High-Level People-to-People Dialogue; expresses satisfaction with the progress and achievements of the EU-China Year of Intercultural Dialogue and takes note of the agreement reached at the 15th EU-China Summit on a series of follow-up actions in various areas relating to education, culture, multilingualism and youth;

| 7. | Calls on the Commission, the Council and the relevant Chinese authorities to facilitate, in cooperation with Parliament, tourist flows from China to the EU by harmonising and accelerating procedures for issuing visas for Chinese nationals, particularly in the context of business and conference travel; |
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7.

Calls on the Commission, the Council and the relevant Chinese authorities to facilitate, in cooperation with Parliament, tourist flows from China to the EU by harmonising and accelerating procedures for issuing visas for Chinese nationals, particularly in the context of business and conference travel;

| 8. | Welcomes the call made by both sides at the 15th EU-China Summit for the launch of a comprehensive EU-China dialogue on mobility and migration at an appropriate level and their mutual undertaking to continue to explore ways of facilitating exchanges for Chinese ad EU citizens, including mutual visa exemptions for holders of diplomatic passports; |
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8.

Welcomes the call made by both sides at the 15th EU-China Summit for the launch of a comprehensive EU-China dialogue on mobility and migration at an appropriate level and their mutual undertaking to continue to explore ways of facilitating exchanges for Chinese ad EU citizens, including mutual visa exemptions for holders of diplomatic passports;

| 9. | Emphasises that China is not only the world’s second-largest economy and biggest exporter in the global economy, but also an increasingly important political power; |
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9.

Emphasises that China is not only the world’s second-largest economy and biggest exporter in the global economy, but also an increasingly important political power;

Internal situation

| 10. | Stresses that China, in recent decades, has achieved significant social progress; emphasises that such an improvement in the quality of life in a huge country in such a short period of time is unique in history; notes that China’s economic growth has lifted more than half a billion people out of poverty since 1990; |
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10.

Stresses that China, in recent decades, has achieved significant social progress; emphasises that such an improvement in the quality of life in a huge country in such a short period of time is unique in history; notes that China’s economic growth has lifted more than half a billion people out of poverty since 1990;

| 11. | Takes note of the 12th Five-Year Plan (2011-2015), approved by the National People’s Congress in March 2012, which is intended to tackle the negative side-effects of an unparalleled period of sustained high economic growth, such as acute environmental threats, regional imbalances, rising income inequality and continuing collective protests centred on social, economic and legal grievances; |
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11.

Takes note of the 12th Five-Year Plan (2011-2015), approved by the National People’s Congress in March 2012, which is intended to tackle the negative side-effects of an unparalleled period of sustained high economic growth, such as acute environmental threats, regional imbalances, rising income inequality and continuing collective protests centred on social, economic and legal grievances;

| 12. | Notes the importance of identifying common ground between the Europe 2020 strategy and China’s 12th Five-Year-Plan; |
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12.

Notes the importance of identifying common ground between the Europe 2020 strategy and China’s 12th Five-Year-Plan;

| 13. | Welcomes China’s successful economic policy, but shares the criticism made by independent Chinese scholars and observers that the preservation of this trend is seriously threatened by corruption scandals, a lack of transparency and a ‘red aristocracy’ of close family members of former and present party leaders who possess enormous fortunes owing to their political and economic connections, a grave situation which was recently laid bare by the Bo Xilai affair; |
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13.

Welcomes China’s successful economic policy, but shares the criticism made by independent Chinese scholars and observers that the preservation of this trend is seriously threatened by corruption scandals, a lack of transparency and a ‘red aristocracy’ of close family members of former and present party leaders who possess enormous fortunes owing to their political and economic connections, a grave situation which was recently laid bare by the Bo Xilai affair;

| 14. | Looks forward to the speedy implementation of the repeated calls for democratisation and political reforms inside the CCP by the new party leadership; believes that only effective political reforms aimed at shaping inclusive, democratic and accountable institutions that reflect China’s ethnic, religious, political and social diversity will pave the way for building sustainable growth and stability and curb the semi-independence of high-handed provincial, district and local party bosses, who badly damage the reputation of China’s national leadership both internally and externally through their abuses of power, with particular reference to the very costly and endemic cases of corruption; considers that such cases should be tackled through the introduction of accountability mechanisms, as acknowledged by Chairman Hu Jintao during the 18th CCP Congress of November 2012; |
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14.

Looks forward to the speedy implementation of the repeated calls for democratisation and political reforms inside the CCP by the new party leadership; believes that only effective political reforms aimed at shaping inclusive, democratic and accountable institutions that reflect China’s ethnic, religious, political and social diversity will pave the way for building sustainable growth and stability and curb the semi-independence of high-handed provincial, district and local party bosses, who badly damage the reputation of China’s national leadership both internally and externally through their abuses of power, with particular reference to the very costly and endemic cases of corruption; considers that such cases should be tackled through the introduction of accountability mechanisms, as acknowledged by Chairman Hu Jintao during the 18th CCP Congress of November 2012;

| 15. | Shares and supports the vehement rejection by Chinese lawyers of a compulsory oath of allegiance to the CCP on the grounds that it is an attack on the legal system which blatantly disregards international legal standards, because any lawyer should swear allegiance to the constitution and not to a political party or organisation; |
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15.

Shares and supports the vehement rejection by Chinese lawyers of a compulsory oath of allegiance to the CCP on the grounds that it is an attack on the legal system which blatantly disregards international legal standards, because any lawyer should swear allegiance to the constitution and not to a political party or organisation;

| 16. | Emphasises that, although forced abortions are strictly illegal in China, family-planning officials repeatedly coerce women into inhumane practices such as forced abortions or sterilisation; condemns the so-called ‘social maintenance fee’, an often-exorbitant fine that parents have to pay in the event of extra births, as was the case in the tragedy of Feng Jianmei; points out that official statistics show that in 2011 there were 8 400 complaints from victims about misconduct by family-planning authorities; wholeheartedly supports Chinese voices calling for an end to the one-child policy, with its many loopholes, particularly in the light of demographic trends in China, while stressing its severe negative social and psychological consequences such as social disparities, a worsening gender equality situation, widespread negative feeling about the birth of a female child and the still-growing imbalance between baby boys and girls, which is creating ‘little emperors’, disrupting the traditional family structure and, moreover, reducing the intake of young people in the labour market; calls on the Chinese leadership to consider it a top priority to find a solution to this problem; |
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16.

Emphasises that, although forced abortions are strictly illegal in China, family-planning officials repeatedly coerce women into inhumane practices such as forced abortions or sterilisation; condemns the so-called ‘social maintenance fee’, an often-exorbitant fine that parents have to pay in the event of extra births, as was the case in the tragedy of Feng Jianmei; points out that official statistics show that in 2011 there were 8 400 complaints from victims about misconduct by family-planning authorities; wholeheartedly supports Chinese voices calling for an end to the one-child policy, with its many loopholes, particularly in the light of demographic trends in China, while stressing its severe negative social and psychological consequences such as social disparities, a worsening gender equality situation, widespread negative feeling about the birth of a female child and the still-growing imbalance between baby boys and girls, which is creating ‘little emperors’, disrupting the traditional family structure and, moreover, reducing the intake of young people in the labour market; calls on the Chinese leadership to consider it a top priority to find a solution to this problem;

| 17. | Takes serious account of the vigorous protests by workers at the Foxconn plant and demands that workers’ rights be respected; supports the pursuit of decent pay and decent working conditions; |
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17.

Takes serious account of the vigorous protests by workers at the Foxconn plant and demands that workers’ rights be respected; supports the pursuit of decent pay and decent working conditions;

| 18. | Welcomes China’s efforts to establish a nationwide emissions trading system by 2015, which could in the future be integrated with other carbon trading systems, in particular the EU’s Emissions Trading System; notes, however, that China does not yet have a fully-functioning, mature market economy, which is a clear prerequisite for a well-functioning emissions trading system; |
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18.

Welcomes China’s efforts to establish a nationwide emissions trading system by 2015, which could in the future be integrated with other carbon trading systems, in particular the EU’s Emissions Trading System; notes, however, that China does not yet have a fully-functioning, mature market economy, which is a clear prerequisite for a well-functioning emissions trading system;

| 19. | Urges the Chinese Government to step up the measuring of pollutants and emissions in order to overcome the lack of reliable carbon emission data, to establish a better legal infrastructure and to increase capacity-building at an administrative level; welcomes, in this connection, the financing agreement of 20 September 2012 between the EU and China, which promotes the environment, the transition towards a low-carbon economy and the reduction of greenhouse gas emissions in China; |
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19.

Urges the Chinese Government to step up the measuring of pollutants and emissions in order to overcome the lack of reliable carbon emission data, to establish a better legal infrastructure and to increase capacity-building at an administrative level; welcomes, in this connection, the financing agreement of 20 September 2012 between the EU and China, which promotes the environment, the transition towards a low-carbon economy and the reduction of greenhouse gas emissions in China;

| 20. | Takes note of the decision of Hong Kong’s Chief Executive not to force the implementation of a controversial ‘national education’ curriculum following mass demonstrations and widespread opposition; calls on the Beijing authorities fully to respect the ‘one country-two systems’ principle in compliance with the agreement signed before the handover of the former British colony to the PRC; welcomes the high turnout in the recent Legislative Council elections and expects universal suffrage to be introduced for the election of all the members of this assembly as soon as possible; |
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20.

Takes note of the decision of Hong Kong’s Chief Executive not to force the implementation of a controversial ‘national education’ curriculum following mass demonstrations and widespread opposition; calls on the Beijing authorities fully to respect the ‘one country-two systems’ principle in compliance with the agreement signed before the handover of the former British colony to the PRC; welcomes the high turnout in the recent Legislative Council elections and expects universal suffrage to be introduced for the election of all the members of this assembly as soon as possible;

Human rights and democracy

| 21. | Admires and supports the courage and activism of those Chinese citizens acting in socially responsible ways to promote and defend universally recognised social and human rights, and to challenge and correct well-known social dangers and/or criminal acts such as corruption, abuses of office, environmental damage, AIDS infection, food poisoning, construction fraud in relation to schools, and illegal land and property expropriation, often committed by local party authorities; denounces all instances of official retaliation against these Chinese citizens; urges the Chinese leadership to encourage civil responsibility in terms of observing social human rights and to rehabilitate officially persecuted and punished defenders of these rights; reminds the Chinese leadership to comply strictly with domestic and international human rights law; |
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21.

Admires and supports the courage and activism of those Chinese citizens acting in socially responsible ways to promote and defend universally recognised social and human rights, and to challenge and correct well-known social dangers and/or criminal acts such as corruption, abuses of office, environmental damage, AIDS infection, food poisoning, construction fraud in relation to schools, and illegal land and property expropriation, often committed by local party authorities; denounces all instances of official retaliation against these Chinese citizens; urges the Chinese leadership to encourage civil responsibility in terms of observing social human rights and to rehabilitate officially persecuted and punished defenders of these rights; reminds the Chinese leadership to comply strictly with domestic and international human rights law;

| 22. | Strongly endorses the critical comments of Chinese lawyers and jurists that the humiliating detainment of suspects for more than 15 days conflicts with the International Covenant on Civil and Political Rights (ICCPR), which China signed in October 1998; expresses its concern at the unwillingness of the Chinese Government to ratify the ICCPR, a situation which is still pending; deplores the fact that under the new Criminal Procedures Law of 2013 police and state security authorities can even detain a suspect for more than 14 months without any assistance from a lawyer; fully supports the criticism of Chinese jurists that the police retain the option not only of keeping suspects under house arrest, but also of detaining them under the rules on ‘arrest at a determined place’; backs all initiatives by Chinese jurists with a view to real reform of the PRC’s Criminal Procedures Law; |
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22.

Strongly endorses the critical comments of Chinese lawyers and jurists that the humiliating detainment of suspects for more than 15 days conflicts with the International Covenant on Civil and Political Rights (ICCPR), which China signed in October 1998; expresses its concern at the unwillingness of the Chinese Government to ratify the ICCPR, a situation which is still pending; deplores the fact that under the new Criminal Procedures Law of 2013 police and state security authorities can even detain a suspect for more than 14 months without any assistance from a lawyer; fully supports the criticism of Chinese jurists that the police retain the option not only of keeping suspects under house arrest, but also of detaining them under the rules on ‘arrest at a determined place’; backs all initiatives by Chinese jurists with a view to real reform of the PRC’s Criminal Procedures Law;

| 23. | Calls on China to comply with minimum social standards; underlines the importance of compliance with, and rapid implementation of, all International Labour Organisation rules, including the right freely to form independent trade unions; welcomes the implementation of the labour contract law and calls for the legislative framework to be supplemented by the adoption of a law on collective bargaining; urges both the Chinese authorities and European investors and companies operating in China to observe international labour standards and to guarantee decent pay and working conditions and respect for human rights in China; takes the view that the EU should not allow market access for goods which have been produced by means of child labour or in facilities which gravely violate international labour standards and human rights, such as prison camps; |
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23.

Calls on China to comply with minimum social standards; underlines the importance of compliance with, and rapid implementation of, all International Labour Organisation rules, including the right freely to form independent trade unions; welcomes the implementation of the labour contract law and calls for the legislative framework to be supplemented by the adoption of a law on collective bargaining; urges both the Chinese authorities and European investors and companies operating in China to observe international labour standards and to guarantee decent pay and working conditions and respect for human rights in China; takes the view that the EU should not allow market access for goods which have been produced by means of child labour or in facilities which gravely violate international labour standards and human rights, such as prison camps;

| 24. | Takes the view that the trade imbalances between the EU and China reflect their differing social, economic and democratic models; takes the view that the limited or non-existent degree of respect for certain rights in China is a contributing factor; stresses the importance of identifying a strategy for dialogue with China, starting with labour market issues; |
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24.

Takes the view that the trade imbalances between the EU and China reflect their differing social, economic and democratic models; takes the view that the limited or non-existent degree of respect for certain rights in China is a contributing factor; stresses the importance of identifying a strategy for dialogue with China, starting with labour market issues;

| 25. | Fears that the number of prisoners being executed under China‘s death penalty legislation, as well as the expediency of their trials and subsequent executions, goes against the spirit of the human right to a free and fair trial, in that the speed used by Chinese authorities means that mistrials and other errors could be overlooked, leading to the execution of innocent people; considers that the application of the death penalty within an opaque judicial system, which lacks full transparency and in which the rights of the prisoner are as yet still not fully developed, is a grave error; calls on the Chinese authorities to reconsider their policy on capital punishment; |
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25.

Fears that the number of prisoners being executed under China‘s death penalty legislation, as well as the expediency of their trials and subsequent executions, goes against the spirit of the human right to a free and fair trial, in that the speed used by Chinese authorities means that mistrials and other errors could be overlooked, leading to the execution of innocent people; considers that the application of the death penalty within an opaque judicial system, which lacks full transparency and in which the rights of the prisoner are as yet still not fully developed, is a grave error; calls on the Chinese authorities to reconsider their policy on capital punishment;

| 26. | Stresses that the Strategic Partnership between the EU and China includes freedom of the media on a reciprocal basis, which implies press freedom for the Chinese media in Europe and also press freedom for European media in China; expects all the European institutions strongly to advocate this fundamental human rights principle in their contacts with their respective Chinese partners; |
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26.

Stresses that the Strategic Partnership between the EU and China includes freedom of the media on a reciprocal basis, which implies press freedom for the Chinese media in Europe and also press freedom for European media in China; expects all the European institutions strongly to advocate this fundamental human rights principle in their contacts with their respective Chinese partners;

| 27. | Deplores the control and censorship of the internet by the Chinese authorities; notes with concern that the Chinese Government is tightening its surveillance of the internet by means of a new law that forbids people from betraying state secrets, harming national pride, endangering the country’s ethnic unity or making calls for ‘illegal protests’ or ‘mass meetings’; notes that there is therefore no longer any real limit on censorship or persecution; is concerned by the lack of safeguards provided under the new law, making it possible to use it in an abusive way; emphasises that the terms ‘illegal protests’ and ‘mass meetings’ should only be used in situations where a law on peaceful and legal protests exists and is effective; encourages the Chinese Government to allow the expression of a plurality of opinions on the internet, in the media and, more generally, in the public sphere; recalls that the right to freedom of expression on the internet has recently been recognised by the UN Human Rights Council; |
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27.

Deplores the control and censorship of the internet by the Chinese authorities; notes with concern that the Chinese Government is tightening its surveillance of the internet by means of a new law that forbids people from betraying state secrets, harming national pride, endangering the country’s ethnic unity or making calls for ‘illegal protests’ or ‘mass meetings’; notes that there is therefore no longer any real limit on censorship or persecution; is concerned by the lack of safeguards provided under the new law, making it possible to use it in an abusive way; emphasises that the terms ‘illegal protests’ and ‘mass meetings’ should only be used in situations where a law on peaceful and legal protests exists and is effective; encourages the Chinese Government to allow the expression of a plurality of opinions on the internet, in the media and, more generally, in the public sphere; recalls that the right to freedom of expression on the internet has recently been recognised by the UN Human Rights Council;

| 28. | Is concerned about the entry into force of the new provisions relating to control of the internet, which legalise the closure of blogs and lay down stiff penalties for bloggers, journalists, and lawyers who defend them; |
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28.

Is concerned about the entry into force of the new provisions relating to control of the internet, which legalise the closure of blogs and lay down stiff penalties for bloggers, journalists, and lawyers who defend them;

| 29. | Stresses that in a country with more than 500 million internet users, digital freedoms are the only way to achieve a flourishing and developed cyberspace; calls on the Chinese authorities both to secure and to protect the huge cybersphere developed in their country and to target their efforts towards its enhancement and not towards censorship and control; |
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29.

Stresses that in a country with more than 500 million internet users, digital freedoms are the only way to achieve a flourishing and developed cyberspace; calls on the Chinese authorities both to secure and to protect the huge cybersphere developed in their country and to target their efforts towards its enhancement and not towards censorship and control;

| 30. | Takes note of the significant efforts made by the Chinese Government to develop Tibet and Xinjiang economically, and of the impact of those efforts on nomad communities and traditional livelihoods; urges the Chinese Government to act in a politically responsible way by meaningfully engaging the Tibetan and Uighur peoples in governance issues, including resource management and economic development priorities, and respecting rather than diluting cultural elements such as language and religion; strongly asserts that the Chinese Government will not achieve lasting stability in Tibet or Xinjiang or comity among the Chinese, Tibetan and Uighur peoples through forcible assimilation, cultural destruction or repressive police and security methods, but only by seriously addressing all indigenous complaints in order to create genuinely shared responsibility for the well-being of both autonomous provinces; urges the Chinese Government to put an end to the ban on independent observers visiting these regions; |
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30.

Takes note of the significant efforts made by the Chinese Government to develop Tibet and Xinjiang economically, and of the impact of those efforts on nomad communities and traditional livelihoods; urges the Chinese Government to act in a politically responsible way by meaningfully engaging the Tibetan and Uighur peoples in governance issues, including resource management and economic development priorities, and respecting rather than diluting cultural elements such as language and religion; strongly asserts that the Chinese Government will not achieve lasting stability in Tibet or Xinjiang or comity among the Chinese, Tibetan and Uighur peoples through forcible assimilation, cultural destruction or repressive police and security methods, but only by seriously addressing all indigenous complaints in order to create genuinely shared responsibility for the well-being of both autonomous provinces; urges the Chinese Government to put an end to the ban on independent observers visiting these regions;

| 31. | Stresses that, notwithstanding a harsh policy of repression, a religious revival is taking place in China which is demonstrated by the reopening or reconstruction of countless places of worship; urges the Chinese authorities to pull back on policies and practices that curtail any citizen’s fundamental right to freedom of religion and belief; |
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31.

Stresses that, notwithstanding a harsh policy of repression, a religious revival is taking place in China which is demonstrated by the reopening or reconstruction of countless places of worship; urges the Chinese authorities to pull back on policies and practices that curtail any citizen’s fundamental right to freedom of religion and belief;

| 32. | Calls on the Chinese authorities to grant Protestant house churches and underground Catholic churches, as well as those of other religions, official recognition; recalls, in this connection, that international human rights law recognises freedom of religion or belief regardless of registration status, meaning that registration should not be a mandatory precondition for practising one’s religion; strongly condemns all attempts by the authorities to deprive these non-registered churches of their fundamental right to freedom of religion by imposing the requirement to operate under government-controlled management boards, confiscating their property and even using detention and imprisonment in an effort to silence them, thereby interfering with their religious autonomy and seriously restricting their activity; |
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32.

Calls on the Chinese authorities to grant Protestant house churches and underground Catholic churches, as well as those of other religions, official recognition; recalls, in this connection, that international human rights law recognises freedom of religion or belief regardless of registration status, meaning that registration should not be a mandatory precondition for practising one’s religion; strongly condemns all attempts by the authorities to deprive these non-registered churches of their fundamental right to freedom of religion by imposing the requirement to operate under government-controlled management boards, confiscating their property and even using detention and imprisonment in an effort to silence them, thereby interfering with their religious autonomy and seriously restricting their activity;

| 33. | Shares the criticism of Chinese jurists that the fundamental shortcomings of China’s legal code on religion reside in the constitution, since the principle of ‘religious freedom’ provided for in clauses 1 and 2 of Article 36 conflicts with the principle of ‘restrictions on religion’ provided for in clauses 3 and 4, with no clarification as to which takes precedence; joins the call by Chinese jurists religious freedom to be established as the principle of precedence in the constitution; |
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33.

Shares the criticism of Chinese jurists that the fundamental shortcomings of China’s legal code on religion reside in the constitution, since the principle of ‘religious freedom’ provided for in clauses 1 and 2 of Article 36 conflicts with the principle of ‘restrictions on religion’ provided for in clauses 3 and 4, with no clarification as to which takes precedence; joins the call by Chinese jurists religious freedom to be established as the principle of precedence in the constitution;

| 34. | Acknowledges efforts made in the area of controlling and carefully applying the death penalty in China, but remains concerned at the fact that the Chinese Government is still maintaining its policy of not releasing details of the number of prisoners executed annually, keeping information on the death penalty a state secret; further urges the Chinese authorities to stop the politicised use of the death penalty and to ensure that there are procedural safeguards in the country’s legal system which guarantee the protection of people sentenced to death, including the right to a fair trial in accordance with international standards; |
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34.

Acknowledges efforts made in the area of controlling and carefully applying the death penalty in China, but remains concerned at the fact that the Chinese Government is still maintaining its policy of not releasing details of the number of prisoners executed annually, keeping information on the death penalty a state secret; further urges the Chinese authorities to stop the politicised use of the death penalty and to ensure that there are procedural safeguards in the country’s legal system which guarantee the protection of people sentenced to death, including the right to a fair trial in accordance with international standards;

| 35. | Considers regrettable, as regards the EU-China Human Rights Dialogue, the continuing lack of any substantial progress and the failure to produce concrete and visible results; recalls that, on the adoption of a new EU human rights strategy, EU foreign ministers pledged in June 2012 that the EU would now ‘raise human rights issues vigorously in all appropriate forms of bilateral dialogue, including at the highest level’; calls on the newly appointed EU Special Representative for Human Rights, the EEAS, the Council and the Commission to step up their efforts in order to give this process new impetus and make this dialogue more effective and result-oriented, including through preparatory meetings with both international and local civil society organisations and NGOs in the presence of the authorities of both sides; takes the view that such dialogue should be included in all contacts with officials from strategic partners such as China; stresses the importance of addressing thoroughly all the problems relating to human rights and the rule of law in China and in the EU; takes the view that EU-China summits and human rights talks should include a set of transparent issues to be discussed and concrete benchmarks; urges the EU’s High Representative for Foreign Affairs and Security Policy, Catherine Ashton, to voice her concerns regarding human rights abuses in China and to refer publicly to the concrete cases and issues discussed with Chinese officials in all encounters; encourages Member States’ officials to follow the same lines in a coherent and coordinated manner; calls on EU companies with activities in China to comply with the UN Guiding Principles on Business and Human Rights and urges the EU and its Member States to monitor such compliance closely; |
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35.

Considers regrettable, as regards the EU-China Human Rights Dialogue, the continuing lack of any substantial progress and the failure to produce concrete and visible results; recalls that, on the adoption of a new EU human rights strategy, EU foreign ministers pledged in June 2012 that the EU would now ‘raise human rights issues vigorously in all appropriate forms of bilateral dialogue, including at the highest level’; calls on the newly appointed EU Special Representative for Human Rights, the EEAS, the Council and the Commission to step up their efforts in order to give this process new impetus and make this dialogue more effective and result-oriented, including through preparatory meetings with both international and local civil society organisations and NGOs in the presence of the authorities of both sides; takes the view that such dialogue should be included in all contacts with officials from strategic partners such as China; stresses the importance of addressing thoroughly all the problems relating to human rights and the rule of law in China and in the EU; takes the view that EU-China summits and human rights talks should include a set of transparent issues to be discussed and concrete benchmarks; urges the EU’s High Representative for Foreign Affairs and Security Policy, Catherine Ashton, to voice her concerns regarding human rights abuses in China and to refer publicly to the concrete cases and issues discussed with Chinese officials in all encounters; encourages Member States’ officials to follow the same lines in a coherent and coordinated manner; calls on EU companies with activities in China to comply with the UN Guiding Principles on Business and Human Rights and urges the EU and its Member States to monitor such compliance closely;

Cross-Strait relations

| 36. | Reiterates the EU's one-China policy; welcomes the increasing contacts between the PRC and Taiwan; stresses the improvement in cross-Strait relations, although they are still being seriously undermined by Chinese missiles aimed at Taiwan and by China’s international isolation of Taiwan; supports Taiwan’s meaningful participation in international organisations, as endorsed by Council Declaration 9486/09 of 8 May 2009; |
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36.

Reiterates the EU's one-China policy; welcomes the increasing contacts between the PRC and Taiwan; stresses the improvement in cross-Strait relations, although they are still being seriously undermined by Chinese missiles aimed at Taiwan and by China’s international isolation of Taiwan; supports Taiwan’s meaningful participation in international organisations, as endorsed by Council Declaration 9486/09 of 8 May 2009;

| 37. | Is pleased at the great interest taken by millions of Chinese citizens in the presidential and parliamentary elections in Taiwan on 14 January 2012, which could be followed instantly on the internet for the first time; |
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37.

Is pleased at the great interest taken by millions of Chinese citizens in the presidential and parliamentary elections in Taiwan on 14 January 2012, which could be followed instantly on the internet for the first time;

| 38. | Salutes the strong and flourishing cross-Strait economic ties, as well as the new opening-up of Taiwan to Chinese tourists and cultural cooperation; considers the internationalisation of trade and investment to be the best guarantor of Taiwan’s stability; urges Taiwan’s government, therefore, to accompany its investment in the PRC with investments elsewhere; |
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38.

Salutes the strong and flourishing cross-Strait economic ties, as well as the new opening-up of Taiwan to Chinese tourists and cultural cooperation; considers the internationalisation of trade and investment to be the best guarantor of Taiwan’s stability; urges Taiwan’s government, therefore, to accompany its investment in the PRC with investments elsewhere;

External situation

| 39. | Urges the PRC to use its global position in a more responsible way, in particular in the United Nations Security Council (UNSC), where it holds a permanent seat and a right of veto; stresses, in this connection, the need for China to abandon its veto position on any UNSC resolution allowing intervention in Syria in order to halt the civil war and to enable the Syrian people to take the future of their country into their hands, as part of a democratic and free process; stresses that China should also act in a responsible manner that is commensurate with its global contribution, at G20 level to deal with the world financial crisis, by aligning itself with World Trade Organisation rules, and by observing all international conventions and treaties to which it is a party; |
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39.

Urges the PRC to use its global position in a more responsible way, in particular in the United Nations Security Council (UNSC), where it holds a permanent seat and a right of veto; stresses, in this connection, the need for China to abandon its veto position on any UNSC resolution allowing intervention in Syria in order to halt the civil war and to enable the Syrian people to take the future of their country into their hands, as part of a democratic and free process; stresses that China should also act in a responsible manner that is commensurate with its global contribution, at G20 level to deal with the world financial crisis, by aligning itself with World Trade Organisation rules, and by observing all international conventions and treaties to which it is a party;

| 40. | Urges the PRC unequivocally to commit itself to observing the UN Charter and international law in the pursuit of its goals abroad; |
| --- | --- |

40.

Urges the PRC unequivocally to commit itself to observing the UN Charter and international law in the pursuit of its goals abroad;

| 41. | Appreciates that China is the biggest contributor of peacekeeping troops among the permanent members of the UNSC, thanks mostly to its rapidly modernising navy; welcomes, in this connection, the increased cooperation with the EU in the fight against piracy in the Gulf of Aden; calls on China, as a permanent UNSC member, to cooperate in a responsible way with the international community on important global security concerns, such as the situation in Syria and Iran; |
| --- | --- |

41.

Appreciates that China is the biggest contributor of peacekeeping troops among the permanent members of the UNSC, thanks mostly to its rapidly modernising navy; welcomes, in this connection, the increased cooperation with the EU in the fight against piracy in the Gulf of Aden; calls on China, as a permanent UNSC member, to cooperate in a responsible way with the international community on important global security concerns, such as the situation in Syria and Iran;

| 42. | Recognises China’s responsibility both to provide security to its citizens and to assume a role in promoting peace and stability in the world, and welcomes its increased participation in the UN; calls, however, for the Chinese side to show more transparency and cooperate more closely with the EU and the UN on these issues, and for it to avoid isolation in the development of its foreign policy; |
| --- | --- |

42.

Recognises China’s responsibility both to provide security to its citizens and to assume a role in promoting peace and stability in the world, and welcomes its increased participation in the UN; calls, however, for the Chinese side to show more transparency and cooperate more closely with the EU and the UN on these issues, and for it to avoid isolation in the development of its foreign policy;

| 43. | Calls on China to review its policy of ‘non-interference in countries’ internal affairs’ in cases of severe breaches of international humanitarian law; |
| --- | --- |

43.

Calls on China to review its policy of ‘non-interference in countries’ internal affairs’ in cases of severe breaches of international humanitarian law;

| 44. | Welcomes the EU-China dialogue initiated in July 2012 on the Common Security and Defence Policy; proposes that this dialogue be extended to include the entire Asia-Pacific region; |
| --- | --- |

44.

Welcomes the EU-China dialogue initiated in July 2012 on the Common Security and Defence Policy; proposes that this dialogue be extended to include the entire Asia-Pacific region;

| 45. | Asks China to dispel growing international concerns about its non-transparent military budget; |
| --- | --- |

45.

Asks China to dispel growing international concerns about its non-transparent military budget;

| 46. | Underlines the global importance of the South China Sea, through which one third of the world’s trade passes; is alarmed at the escalating tension and therefore urgently appeals to all the parties involved to refrain from unilateral political and military actions, to tone down statements and to settle their conflicting territorial claims in the South China Sea by means of international arbitration in accordance with international law, in particular the UN Convention on the Law of the Sea, in order to ensure regional stability; |
| --- | --- |

46.

Underlines the global importance of the South China Sea, through which one third of the world’s trade passes; is alarmed at the escalating tension and therefore urgently appeals to all the parties involved to refrain from unilateral political and military actions, to tone down statements and to settle their conflicting territorial claims in the South China Sea by means of international arbitration in accordance with international law, in particular the UN Convention on the Law of the Sea, in order to ensure regional stability;

| 47. | Is seriously worried about the escalating tensions between China and Japan; appeals strongly to China and Japan to combat perceptions of one another as mutual enemies, and considers regrettable their failure to use the 40th anniversary of their diplomatic relations for constructive negotiations; |
| --- | --- |

47.

Is seriously worried about the escalating tensions between China and Japan; appeals strongly to China and Japan to combat perceptions of one another as mutual enemies, and considers regrettable their failure to use the 40th anniversary of their diplomatic relations for constructive negotiations;

| 48. | Calls, in view of the European Union’s significant interests in the security and stability of East Asia, on all parties concerned (China, Japan and Taiwan) to demonstrate restraint and to take steps to calm the situation on the disputed islands; urges all parties concerned to settle disputes peacefully in a spirit of cooperation and in compliance with international law, in particular the UN Convention on the Law of the Sea, and agree on de-escalating measures of engagement in the event of unforeseen incidents; |
| --- | --- |

48.

Calls, in view of the European Union’s significant interests in the security and stability of East Asia, on all parties concerned (China, Japan and Taiwan) to demonstrate restraint and to take steps to calm the situation on the disputed islands; urges all parties concerned to settle disputes peacefully in a spirit of cooperation and in compliance with international law, in particular the UN Convention on the Law of the Sea, and agree on de-escalating measures of engagement in the event of unforeseen incidents;

| 49. | Takes note of Taiwan’s initiative with a view to reaching a consensus on a code of conduct for the East China Sea and the establishment of a mechanism allowing all sides to cooperate in the joint exploitation of the region’s natural resources, including capacity for the generation of electricity from renewable sources; |
| --- | --- |

49.

Takes note of Taiwan’s initiative with a view to reaching a consensus on a code of conduct for the East China Sea and the establishment of a mechanism allowing all sides to cooperate in the joint exploitation of the region’s natural resources, including capacity for the generation of electricity from renewable sources;

| 50. | Notes that China’s role in the cooperation between the two parties on the Korean Peninsula is vital and calls on the PRC more actively to seek enhanced cooperation between the North and the South; |
| --- | --- |

50.

Notes that China’s role in the cooperation between the two parties on the Korean Peninsula is vital and calls on the PRC more actively to seek enhanced cooperation between the North and the South;

| 51. | Notes, and considers it regrettable, that the survival of the dictatorial and repressive North Korean regime depends essentially on China; welcomes China’s responsible behaviour in voting in favour of the UNSC’s strong condemnation on 15 April 2012 of the failed rocket launch by North Korea, widely considered as an attempted ballistic missile test; looks forward to China continuing to take responsibility for stability on the Korean Peninsula, a swift resumption of the six-party talks on the North Korean nuclear threat, and, above all, a drastic improvement in the day-to-day living conditions of North Korean citizens brought about through Chinese incentives; |
| --- | --- |

51.

Notes, and considers it regrettable, that the survival of the dictatorial and repressive North Korean regime depends essentially on China; welcomes China’s responsible behaviour in voting in favour of the UNSC’s strong condemnation on 15 April 2012 of the failed rocket launch by North Korea, widely considered as an attempted ballistic missile test; looks forward to China continuing to take responsibility for stability on the Korean Peninsula, a swift resumption of the six-party talks on the North Korean nuclear threat, and, above all, a drastic improvement in the day-to-day living conditions of North Korean citizens brought about through Chinese incentives;

| 52. | Notes China’s growing role in the Central Asian region through trade, economic and energy projects; considers that China can play a major role in the development of countries in Central Asia and calls on the PRC to promote better relations between states there as a pivotal step towards regional cooperation; remarks that China’s main objectives within the Shanghai Cooperation Organisation are to achieve peace and stability in Central Asia by collectively combating the so-called ‘three evils’ of extremism, separatism and terrorism; notes China’s great strategic and economic interest in the region through the exploitation of its vast oil and gas reserves and the connection of Central Asia to China’s coastline via railways and highways; |
| --- | --- |

52.

Notes China’s growing role in the Central Asian region through trade, economic and energy projects; considers that China can play a major role in the development of countries in Central Asia and calls on the PRC to promote better relations between states there as a pivotal step towards regional cooperation; remarks that China’s main objectives within the Shanghai Cooperation Organisation are to achieve peace and stability in Central Asia by collectively combating the so-called ‘three evils’ of extremism, separatism and terrorism; notes China’s great strategic and economic interest in the region through the exploitation of its vast oil and gas reserves and the connection of Central Asia to China’s coastline via railways and highways;

| 53. | Welcomes the developing ties between China and Afghanistan, with talks taking place at a senior leadership level for the first time in history; considers that China can play a pivotal role in stabilising Afghanistan through a soft power approach and urges the development of close cooperation between the EU and China on this issue; |
| --- | --- |

53.

Welcomes the developing ties between China and Afghanistan, with talks taking place at a senior leadership level for the first time in history; considers that China can play a pivotal role in stabilising Afghanistan through a soft power approach and urges the development of close cooperation between the EU and China on this issue;

| 54. | Observes that the new American strategy of renewed focus on Asia is perceived by the Chinese leadership as an attempt by the USA to contain China’s rapid economic and political ascension; encourages China and the USA to avoid tensions and an arms race in the Pacific; urges China to ensure freedom of circulation on the seas; |
| --- | --- |

54.

Observes that the new American strategy of renewed focus on Asia is perceived by the Chinese leadership as an attempt by the USA to contain China’s rapid economic and political ascension; encourages China and the USA to avoid tensions and an arms race in the Pacific; urges China to ensure freedom of circulation on the seas;

| 55. | Believes that very serious consideration should be given to the economic, social and environmental impact of increasing investment by China in developing countries; |
| --- | --- |

55.

Believes that very serious consideration should be given to the economic, social and environmental impact of increasing investment by China in developing countries;

| 56. | Notes that the increasing Chinese presence in Africa has contributed to economic development, with a particular focus on infrastructure projects; appreciates the Chinese leadership’s acknowledgement of the serious criticism of its imbalanced, raw-material-centred African policy during the Forum on China-Africa Cooperation (FOCAC), held in Beijing on 20 July 2012, as demonstrated by its current open promotion of a diversification of its activities on the African continent; welcomes the pledge by State and Party leader Hu Jintao at this FOCAC meeting of a record credit of USD 20 billion to African countries over the next three years for developing their infrastructure, agriculture, manufacturing and SMEs; welcomes the support expressed by China for the Extractive Industries Transparency Initiative (EITI) and encourages the Chinese authorities to follow the global trend towards more transparency and to increase their concrete commitments in this area; calls on the EU to remain vigilant about the political, economic, social and environmental impact of China’s growing investments in Africa; |
| --- | --- |

56.

Notes that the increasing Chinese presence in Africa has contributed to economic development, with a particular focus on infrastructure projects; appreciates the Chinese leadership’s acknowledgement of the serious criticism of its imbalanced, raw-material-centred African policy during the Forum on China-Africa Cooperation (FOCAC), held in Beijing on 20 July 2012, as demonstrated by its current open promotion of a diversification of its activities on the African continent; welcomes the pledge by State and Party leader Hu Jintao at this FOCAC meeting of a record credit of USD 20 billion to African countries over the next three years for developing their infrastructure, agriculture, manufacturing and SMEs; welcomes the support expressed by China for the Extractive Industries Transparency Initiative (EITI) and encourages the Chinese authorities to follow the global trend towards more transparency and to increase their concrete commitments in this area; calls on the EU to remain vigilant about the political, economic, social and environmental impact of China’s growing investments in Africa;

| 57. | Is concerned that the increasing Chinese presence in Africa has led to grave social tensions, but welcomes the fact that Chinese companies have expressed their willingness to place greater emphasis on corporate social responsibility in their African activities; urges the Chinese authorities to anchor their policies in Africa on the principles of, and respect for, human rights, the promotion of sustainable development and human security; |
| --- | --- |

57.

Is concerned that the increasing Chinese presence in Africa has led to grave social tensions, but welcomes the fact that Chinese companies have expressed their willingness to place greater emphasis on corporate social responsibility in their African activities; urges the Chinese authorities to anchor their policies in Africa on the principles of, and respect for, human rights, the promotion of sustainable development and human security;

| 58. | Takes note of China’s increasing involvement in the exploitation of natural resources in Latin America, with Chinese imports of such resources having increased by more than 50 %; |
| --- | --- |

58.

Takes note of China’s increasing involvement in the exploitation of natural resources in Latin America, with Chinese imports of such resources having increased by more than 50 %;

| 59. | Encourages China, the world’s biggest emitter of carbon dioxide, to play a more proactive and constructive role in promoting cooperation within the global community in order to tackle climate change; welcomes the White Paper issued by the Chinese authorities in November 2011 on the policies adopted and action taken to combat climate change and calls for it to be implemented swiftly; |
| --- | --- |

59.

Encourages China, the world’s biggest emitter of carbon dioxide, to play a more proactive and constructive role in promoting cooperation within the global community in order to tackle climate change; welcomes the White Paper issued by the Chinese authorities in November 2011 on the policies adopted and action taken to combat climate change and calls for it to be implemented swiftly;

| 60. | Notes that people-to-people contacts can play a crucial role in reaching a better mutual understanding both between China and the EU and between China and some of its other partners, such as the USA; welcomes, in this connection, the programmes intended to facilitate mobility between China and the EU; |
| --- | --- |

60.

Notes that people-to-people contacts can play a crucial role in reaching a better mutual understanding both between China and the EU and between China and some of its other partners, such as the USA; welcomes, in this connection, the programmes intended to facilitate mobility between China and the EU;

| 61. | Urges China to make it an absolute priority to ensure legal certainty for foreign companies, by upholding the principles of equality, reciprocity and corporate social responsibility; |
| --- | --- |

61.

Urges China to make it an absolute priority to ensure legal certainty for foreign companies, by upholding the principles of equality, reciprocity and corporate social responsibility;

o

o o

| 62. | Instructs its President to forward this resolution to the Council, the EEAS, the Commission, the governments and parliaments of the Member States and of the accession and candidate countries, the Government of the People’s Republic of China, the Chinese National People’s Congress, the Taiwanese Government and the Taiwanese Legislative Yuan. |
| --- | --- |

62.

Instructs its President to forward this resolution to the Council, the EEAS, the Commission, the governments and parliaments of the Member States and of the accession and candidate countries, the Government of the People’s Republic of China, the Chinese National People’s Congress, the Taiwanese Government and the Taiwanese Legislative Yuan.

---

(1)  OJ L 250, 19.9.1985, p. 2.

(2)  OJ L 6, 11.1.2000, p. 40.

(3)  Texts adopted, P7_TA(2012)0218.

(4)  Texts adopted, P7_TA(2012)0017.

(5)  Texts adopted, P7_TA(2012)0334.

(6)  OJ C 305 E, 14.12.2006, p. 219.

(7)  OJ C 67 E, 18.3.2010, p. 132.

(8)  OJ C 305 E, 11.11.2010, p. 9.

(9)  OJ C 199 E, 7.7.2012, p. 185.

(10)  OJ C 296 E, 2.10.2012, p. 137.

(11)  Texts adopted, P7_TA(2012)0301.

(12)  OJ C 285 E, 21.10.2010, p. 80.

(13)  OJ C 169 E, 15.6.2012, p. 81.

(14)  OJ C 288 E, 25.11.2006, p. 59.

(15)  OJ C 157 E, 6.7.2006, p. 471.

(16)  OJ C 99 E, 3.4.2012, p. 118.

(17)  Texts adopted, P7_TA(2011)0474.

(18)  Texts adopted, P7_TA(2012)0257.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/137 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/137

---

P7_TA(2013)0098

Match-fixing and corruption in sport

European Parliament resolution of 14 March 2013 on match-fixing and corruption in sport (2013/2567(RSP))

(2016/C 036/21)

The European Parliament,

| — | having regard to the Nicosia Declaration of 20 September 2012 on the Fight Against Match-Fixing, |
| --- | --- |

—

having regard to the Nicosia Declaration of 20 September 2012 on the Fight Against Match-Fixing,

| — | having regard to the Commission communication of 18 January 2011 entitled ‘Developing the European Dimension in Sport’ (COM(2011)0012), |
| --- | --- |

—

having regard to the Commission communication of 18 January 2011 entitled ‘Developing the European Dimension in Sport’ (COM(2011)0012),

| — | having regard to its resolution of 2 February 2012 on the European dimension in sport (1), |
| --- | --- |

—

having regard to its resolution of 2 February 2012 on the European dimension in sport (1),

| — | having regard to its resolution of 10 March 2009 on the integrity of online gambling (2), |
| --- | --- |

—

having regard to its resolution of 10 March 2009 on the integrity of online gambling (2),

| — | having regard to the Commission White Paper on Sport (COM(2007)0391), |
| --- | --- |

—

having regard to the Commission White Paper on Sport (COM(2007)0391),

| — | having regard to its resolution of 14 April 2005 on combating doping in sport (3), |
| --- | --- |

—

having regard to its resolution of 14 April 2005 on combating doping in sport (3),

| — | having regard to the Commission communication entitled ‘Fighting Corruption in the EU’ (COM(2011)0308), |
| --- | --- |

—

having regard to the Commission communication entitled ‘Fighting Corruption in the EU’ (COM(2011)0308),

| — | having regard to its resolution of 15 November 2011 on online gambling in the Internal Market (4), |
| --- | --- |

—

having regard to its resolution of 15 November 2011 on online gambling in the Internal Market (4),

| — | having regard to the Commission communication of 23 October 2012 entitled ‘Towards a comprehensive European framework for online gambling’ (COM(2012)0596), |
| --- | --- |

—

having regard to the Commission communication of 23 October 2012 entitled ‘Towards a comprehensive European framework for online gambling’ (COM(2012)0596),

| — | having regard to the Commission Green Paper of 24 March 2011 on on-line gambling in the Internal Market (COM(2011)0128), |
| --- | --- |

—

having regard to the Commission Green Paper of 24 March 2011 on on-line gambling in the Internal Market (COM(2011)0128),

| — | having regard to its resolution of 15 September 2011 on the EU’s efforts to combat corruption (5), |
| --- | --- |

—

having regard to its resolution of 15 September 2011 on the EU’s efforts to combat corruption (5),

| — | having regard to the preparatory action entitled ‘European Partnerships on Sport’ and in particular to the assembling of projects focusing on the prevention of match-fixing incidents through the provision of education and information to relevant stakeholders, |
| --- | --- |

—

having regard to the preparatory action entitled ‘European Partnerships on Sport’ and in particular to the assembling of projects focusing on the prevention of match-fixing incidents through the provision of education and information to relevant stakeholders,

| — | having regard to the Commission Recommendation for a Council Decision Authorising the European Commission to participate, on behalf of the EU, in the negotiations for an international convention of the Council of Europe to combat the manipulation of sports results (COM(2012)0655), |
| --- | --- |

—

having regard to the Commission Recommendation for a Council Decision Authorising the European Commission to participate, on behalf of the EU, in the negotiations for an international convention of the Council of Europe to combat the manipulation of sports results (COM(2012)0655),

| — | having regard to the results of the March 2012 study entitled ‘Match-fixing in sport’, which was requested by the Commission, |
| --- | --- |

—

having regard to the results of the March 2012 study entitled ‘Match-fixing in sport’, which was requested by the Commission,

| — | having regard to the Council of Europe Anti-Doping Convention of 16 November 1989, |
| --- | --- |

—

having regard to the Council of Europe Anti-Doping Convention of 16 November 1989,

| — | having regard to the Recommendation of the Council of Europe Committee of Ministers of 28 September 2011 on promotion of the integrity of sport to fight against manipulation of results, notably match-fixing, |
| --- | --- |

—

having regard to the Recommendation of the Council of Europe Committee of Ministers of 28 September 2011 on promotion of the integrity of sport to fight against manipulation of results, notably match-fixing,

| — | having regard to Rule 110(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) and (4) of its Rules of Procedure,

| A. | whereas a Europol joint investigation team (JIT) code-named ‘Operation Veto’ revealed widespread football match-fixing in recent years, with 680 matches around the world deemed to be suspicious, including 380 matches in Europe, and whereas it described a wide-ranging match-fixing network that struck at the sport’s core, with 425 people under suspicion and 50 others having been arrested; |
| --- | --- |

A.

whereas a Europol joint investigation team (JIT) code-named ‘Operation Veto’ revealed widespread football match-fixing in recent years, with 680 matches around the world deemed to be suspicious, including 380 matches in Europe, and whereas it described a wide-ranging match-fixing network that struck at the sport’s core, with 425 people under suspicion and 50 others having been arrested;

| B. | whereas Europol has stated that these figures are merely the ‘tip of the iceberg’; |
| --- | --- |

B.

whereas Europol has stated that these figures are merely the ‘tip of the iceberg’;

| C. | whereas a large number of Member States have been affected by match-fixing, this being a cause for serious concern since match-fixing is related to organised crime and is a major source of risk for the sporting establishment in practically all the Member States; |
| --- | --- |

C.

whereas a large number of Member States have been affected by match-fixing, this being a cause for serious concern since match-fixing is related to organised crime and is a major source of risk for the sporting establishment in practically all the Member States;

| D. | whereas match-fixing is a form of crime which generates high revenues, while sentencing and detection rates are extremely low, and whereas it is therefore used by criminal organisations in their illegal activities such as money laundering and human and drug trafficking; |
| --- | --- |

D.

whereas match-fixing is a form of crime which generates high revenues, while sentencing and detection rates are extremely low, and whereas it is therefore used by criminal organisations in their illegal activities such as money laundering and human and drug trafficking;

| E. | whereas spot-fixing, an illegal activity in sport whereby a specific part of a game — but not necessarily the final result — is fixed, can be more difficult to detect than traditional match-fixing; |
| --- | --- |

E.

whereas spot-fixing, an illegal activity in sport whereby a specific part of a game — but not necessarily the final result — is fixed, can be more difficult to detect than traditional match-fixing;

| F. | whereas criminal organisations are operating on an international scale and have connections across the globe, such that no single institution, country or organisation would be able to tackle match-fixing on its own; |
| --- | --- |

F.

whereas criminal organisations are operating on an international scale and have connections across the globe, such that no single institution, country or organisation would be able to tackle match-fixing on its own;

| G. | whereas all sports can be affected and the integrity of sport is being threatened; |
| --- | --- |

G.

whereas all sports can be affected and the integrity of sport is being threatened;

| H. | whereas current control mechanisms fail to detect fixed matches immediately owing to the global nature of these illegal activities; |
| --- | --- |

H.

whereas current control mechanisms fail to detect fixed matches immediately owing to the global nature of these illegal activities;

| I. | whereas transparency, accountability and democracy — in other words, good governance — in sports organisations are prerequisites for the sports movement to play any kind of successful role in fighting match-fixing and sports fraud; |
| --- | --- |

I.

whereas transparency, accountability and democracy — in other words, good governance — in sports organisations are prerequisites for the sports movement to play any kind of successful role in fighting match-fixing and sports fraud;

| J. | whereas many sports organisations have already taken measures in this area, such as developing codes of conduct and adopting zero-tolerance policies; |
| --- | --- |

J.

whereas many sports organisations have already taken measures in this area, such as developing codes of conduct and adopting zero-tolerance policies;

| K. | whereas bets on fixed matches are mainly offered by operators outside the EU, thus necessitating an international focus on the fight against match-fixing; |
| --- | --- |

K.

whereas bets on fixed matches are mainly offered by operators outside the EU, thus necessitating an international focus on the fight against match-fixing;

| L. | whereas experts indicate that there is increasing concern about the malicious intentions of some individuals who take over football clubs as a means of furthering match-fixing and laundering money; |
| --- | --- |

L.

whereas experts indicate that there is increasing concern about the malicious intentions of some individuals who take over football clubs as a means of furthering match-fixing and laundering money;

| M. | whereas players’ unions point to the fact that match-fixing is also a problem in terms of players not being paid their salaries in time and being intimidated and blackmailed; |
| --- | --- |

M.

whereas players’ unions point to the fact that match-fixing is also a problem in terms of players not being paid their salaries in time and being intimidated and blackmailed;

| 1. | Calls on all the main stakeholders individually to take responsibility and to develop a comprehensive approach by complementing one another’s efforts to combat match-fixing in sport; |
| --- | --- |

1.

Calls on all the main stakeholders individually to take responsibility and to develop a comprehensive approach by complementing one another’s efforts to combat match-fixing in sport;

| 2. | Asks the Commission to develop a coordinated approach to the fight against match-fixing and organised crime by coordinating the efforts of the main stakeholders, such as sports organisations, national police and judicial authorities and gambling operators, in this area and by providing a platform for discussion and for the exchange of information and best practice; |
| --- | --- |

2.

Asks the Commission to develop a coordinated approach to the fight against match-fixing and organised crime by coordinating the efforts of the main stakeholders, such as sports organisations, national police and judicial authorities and gambling operators, in this area and by providing a platform for discussion and for the exchange of information and best practice;

| 3. | Calls on sports organisations to adopt a zero-tolerance policy on corruption (both internally and in relation to external contractors) in order to prevent their members from yielding to external pressure; |
| --- | --- |

3.

Calls on sports organisations to adopt a zero-tolerance policy on corruption (both internally and in relation to external contractors) in order to prevent their members from yielding to external pressure;

| 4. | Urges sports organisations to establish a code of conduct for all staff and officials (players, coaches, referees, medical and technical staff and club and association leaders) which sets out the dangers of match-fixing, includes a clear prohibition on manipulating matches for betting or other purposes, stipulates the associated sanctions and includes a ban on gambling on own matches and an obligation to report any approaches concerning, or awareness of, match-fixing, coupled with an adequate whistleblower protection mechanism; |
| --- | --- |

4.

Urges sports organisations to establish a code of conduct for all staff and officials (players, coaches, referees, medical and technical staff and club and association leaders) which sets out the dangers of match-fixing, includes a clear prohibition on manipulating matches for betting or other purposes, stipulates the associated sanctions and includes a ban on gambling on own matches and an obligation to report any approaches concerning, or awareness of, match-fixing, coupled with an adequate whistleblower protection mechanism;

| 5. | Calls upon all sports governing bodies to commit to good governance practices in order to reduce the risk of falling victim to match-fixing; |
| --- | --- |

5.

Calls upon all sports governing bodies to commit to good governance practices in order to reduce the risk of falling victim to match-fixing;

| 6. | Stresses the importance of education in protecting the integrity of sport; calls, therefore, on the Member States and on sports federations to inform and educate sportspeople and consumers adequately, starting from a young age, at all levels of sport, both amateur and professional; |
| --- | --- |

6.

Stresses the importance of education in protecting the integrity of sport; calls, therefore, on the Member States and on sports federations to inform and educate sportspeople and consumers adequately, starting from a young age, at all levels of sport, both amateur and professional;

| 7. | Encourages sports organisations to start up and persist with comprehensive prevention and education programmes entailing clear obligations for clubs, leagues and federations, in particular with regard to minors, and to set up a disciplinary body to deal with match-fixing; |
| --- | --- |

7.

Encourages sports organisations to start up and persist with comprehensive prevention and education programmes entailing clear obligations for clubs, leagues and federations, in particular with regard to minors, and to set up a disciplinary body to deal with match-fixing;

| 8. | Asks the Commission strongly to encourage all the Member States explicitly to include match-fixing in their national criminal law, to provide for appropriate common minimum sanctions and to ensure that existing loopholes are addressed in a manner that fully respects fundamental rights; |
| --- | --- |

8.

Asks the Commission strongly to encourage all the Member States explicitly to include match-fixing in their national criminal law, to provide for appropriate common minimum sanctions and to ensure that existing loopholes are addressed in a manner that fully respects fundamental rights;

| 9. | Welcomes the ongoing discussions on a possible Council of Europe convention to combat the manipulation of sport results, which will provide national systems with the necessary tools, expertise and resources to combat this threat; |
| --- | --- |

9.

Welcomes the ongoing discussions on a possible Council of Europe convention to combat the manipulation of sport results, which will provide national systems with the necessary tools, expertise and resources to combat this threat;

| 10. | Encourages sports organisations to apply high and convincing standards of governance; |
| --- | --- |

10.

Encourages sports organisations to apply high and convincing standards of governance;

| 11. | Asks the Commission to ensure that all the Member States prohibit betting on competitions involving minors; |
| --- | --- |

11.

Asks the Commission to ensure that all the Member States prohibit betting on competitions involving minors;

| 12. | Asks the Member States to create a specialised law enforcement unit to combat match-fixing and serve as a hub for communication and cooperation with the main stakeholders, and to require gambling operators to provide information on irregular gambling patterns to this specialised unit and to sports organisations for further investigation and referral to prosecution authorities; |
| --- | --- |

12.

Asks the Member States to create a specialised law enforcement unit to combat match-fixing and serve as a hub for communication and cooperation with the main stakeholders, and to require gambling operators to provide information on irregular gambling patterns to this specialised unit and to sports organisations for further investigation and referral to prosecution authorities;

| 13. | Calls on the Member States to enhance European law enforcement cooperation through joint investigation teams and cooperation between prosecution authorities; stresses the need for the introduction and effective enforcement of measures to combat illegal betting websites and anonymous betting; believes that information should be exchanged concerning people who have been named in connection with, or sentenced for, approaching players about match-fixing deals; |
| --- | --- |

13.

Calls on the Member States to enhance European law enforcement cooperation through joint investigation teams and cooperation between prosecution authorities; stresses the need for the introduction and effective enforcement of measures to combat illegal betting websites and anonymous betting; believes that information should be exchanged concerning people who have been named in connection with, or sentenced for, approaching players about match-fixing deals;

| 14. | Calls on the Member States to set up regulatory bodies to identify and combat illegal activities in sports betting and to collect, exchange, analyse and disseminate evidence of match-fixing, sports fraud and other forms of corruption in sport, both in Europe and beyond; stresses the need for close cooperation with other regulators, including licensing authorities, enforcement bodies and the police; |
| --- | --- |

14.

Calls on the Member States to set up regulatory bodies to identify and combat illegal activities in sports betting and to collect, exchange, analyse and disseminate evidence of match-fixing, sports fraud and other forms of corruption in sport, both in Europe and beyond; stresses the need for close cooperation with other regulators, including licensing authorities, enforcement bodies and the police;

| 15. | Urges the Commission to facilitate the exchange of information between these regulatory bodies with regard to illegal or suspicious sports betting activities; |
| --- | --- |

15.

Urges the Commission to facilitate the exchange of information between these regulatory bodies with regard to illegal or suspicious sports betting activities;

| 16. | Urges the Commission and the Member States to establish cooperation with third countries with a view to combating the organised crime associated with match-fixing, inter alia by taking part in the negotiations on an international Council of Europe convention to combat the manipulation of sports results; |
| --- | --- |

16.

Urges the Commission and the Member States to establish cooperation with third countries with a view to combating the organised crime associated with match-fixing, inter alia by taking part in the negotiations on an international Council of Europe convention to combat the manipulation of sports results;

| 17. | Welcomes the publication by the Commission of a biannual Anti-Corruption Report, accompanied by country analyses for each Member State which include tailor-made recommendations (from 2013); |
| --- | --- |

17.

Welcomes the publication by the Commission of a biannual Anti-Corruption Report, accompanied by country analyses for each Member State which include tailor-made recommendations (from 2013);

| 18. | Encourages the Council to pursue the aims of the EU Work Plan for Sport for 2011-2014, insisting in particular on the development of education programmes in the Member States with a view to raising awareness of sporting values such as integrity, fair play and respect for others; |
| --- | --- |

18.

Encourages the Council to pursue the aims of the EU Work Plan for Sport for 2011-2014, insisting in particular on the development of education programmes in the Member States with a view to raising awareness of sporting values such as integrity, fair play and respect for others;

| 19. | Welcomes the Commission’s initiative with a view to the adoption in 2014 of a recommendation on best practice in the prevention and combating of betting-related match-fixing; |
| --- | --- |

19.

Welcomes the Commission’s initiative with a view to the adoption in 2014 of a recommendation on best practice in the prevention and combating of betting-related match-fixing;

| 20. | Welcomes the fact that the Fifth International Conference of Ministers and Senior Officials Responsible for Physical Education and Sport (MINEPS) will address the issue of integrity in sport and the fight against match-fixing, and believes this is a good forum in which to address the need for a global body dealing with match-fixing, and in which all the relevant actors can meet, exchange information, coordinate their action and promote concepts of good governance; |
| --- | --- |

20.

Welcomes the fact that the Fifth International Conference of Ministers and Senior Officials Responsible for Physical Education and Sport (MINEPS) will address the issue of integrity in sport and the fight against match-fixing, and believes this is a good forum in which to address the need for a global body dealing with match-fixing, and in which all the relevant actors can meet, exchange information, coordinate their action and promote concepts of good governance;

| 21. | Calls on the Commission to identify third countries — such as those known as ‘Asian betting havens’ — that raise specific issues as regards betting-related match-fixing in respect of sports events taking place within the EU and to increase its collaboration with those countries in the fight against match-fixing; |
| --- | --- |

21.

Calls on the Commission to identify third countries — such as those known as ‘Asian betting havens’ — that raise specific issues as regards betting-related match-fixing in respect of sports events taking place within the EU and to increase its collaboration with those countries in the fight against match-fixing;

| 22. | Calls on the Council to proceed in a swift and ambitious manner with the discussions on the proposal for a new money laundering directive (COM(2013)0045) to address the use of online sports betting for money laundering; |
| --- | --- |

22.

Calls on the Council to proceed in a swift and ambitious manner with the discussions on the proposal for a new money laundering directive (COM(2013)0045) to address the use of online sports betting for money laundering;

| 23. | Instructs its President to forward this resolution to the Council and the Commission, the governments and parliaments of the Member States, and European, international and national sports organisations. |
| --- | --- |

23.

Instructs its President to forward this resolution to the Council and the Commission, the governments and parliaments of the Member States, and European, international and national sports organisations.

---

(1)  Texts adopted, P7_TA(2012)0025.

(2)  OJ C 87 E, 1.4.2010, p. 30.

(3)  OJ C 33 E, 9.2.2006, p. 590.

(4)  Texts adopted, P7_TA(2011)0492.

(5)  OJ C 51 E, 22.2.2013, p. 121.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/140 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/140

---

P7_TA(2013)0099

Global cotton value chain

European Parliament resolution of 14 March 2013 on sustainability in the global cotton value chain (2012/2841(RSP))

(2016/C 036/22)

The European Parliament,

| — | having regard to Articles 3, 6 and 21 of the Treaty on European Union, |
| --- | --- |

—

having regard to Articles 3, 6 and 21 of the Treaty on European Union,

| — | having regard to Articles 206 and 207 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Articles 206 and 207 of the Treaty on the Functioning of the European Union,

| — | having regard to Protocol 4 on Cotton to the Act concerning the Conditions of Accession of the Hellenic Republic and the Adjustments to the Treaties, |
| --- | --- |

—

having regard to Protocol 4 on Cotton to the Act concerning the Conditions of Accession of the Hellenic Republic and the Adjustments to the Treaties,

| — | having regard to key International Labour Organisation (ILO) conventions, including Conventions No 138 of 26 June 1973 concerning Minimum Age for Admission to Employment, No 182 of 17 June 1999 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, No 184 of 21 June 2001 concerning Safety and Health in Agriculture, No 87 of 9 July 1948 concerning Freedom of Association and Protection of the Right to Organise, No 98 of 8 June 1949 concerning the Right to Organise and Collective Bargaining, No 141 of 23 June 1975 concerning Rural Workers’ Organisations and No 155 of 22 June 1981 concerning Occupational Safety and Health, and to the United Nations Convention of 20 November 1989 on the Rights of the Child, |
| --- | --- |

—

having regard to key International Labour Organisation (ILO) conventions, including Conventions No 138 of 26 June 1973 concerning Minimum Age for Admission to Employment, No 182 of 17 June 1999 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, No 184 of 21 June 2001 concerning Safety and Health in Agriculture, No 87 of 9 July 1948 concerning Freedom of Association and Protection of the Right to Organise, No 98 of 8 June 1949 concerning the Right to Organise and Collective Bargaining, No 141 of 23 June 1975 concerning Rural Workers’ Organisations and No 155 of 22 June 1981 concerning Occupational Safety and Health, and to the United Nations Convention of 20 November 1989 on the Rights of the Child,

| — | having regard to the International Programme for the Elimination of Child Labour (IPEC) and to the Understanding Children’s Work (UCW) programme, |
| --- | --- |

—

having regard to the International Programme for the Elimination of Child Labour (IPEC) and to the Understanding Children’s Work (UCW) programme,

| — | having regard to the EU’s membership of international commodity bodies (ICBs), |
| --- | --- |

—

having regard to the EU’s membership of international commodity bodies (ICBs),

| — | having regard to the outcome of the 71st plenary meeting of the International Cotton Advisory Committee (ICAC) held from 7 to 11 October 2012, |
| --- | --- |

—

having regard to the outcome of the 71st plenary meeting of the International Cotton Advisory Committee (ICAC) held from 7 to 11 October 2012,

| — | having regard to the resolution on cotton of the 95th session of the ACP Council of Ministers, held in Port Vila (Vanuatu) from 10 to 15 June 2012, |
| --- | --- |

—

having regard to the resolution on cotton of the 95th session of the ACP Council of Ministers, held in Port Vila (Vanuatu) from 10 to 15 June 2012,

| — | having regard to its resolutions of 25 November 2010 on human rights and social and environmental standards in international trade agreements (1) and on corporate social responsibility in international trade agreements (2), |
| --- | --- |

—

having regard to its resolutions of 25 November 2010 on human rights and social and environmental standards in international trade agreements (1) and on corporate social responsibility in international trade agreements (2),

| — | having regard to Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences (3), |
| --- | --- |

—

having regard to Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences (3),

| — | having regard to its previous resolutions on trade in commodities, access to raw materials, price volatility in agricultural commodity markets, derivative markets, sustainable development, water resources, child labour and the exploitation of children in developing countries, |
| --- | --- |

—

having regard to its previous resolutions on trade in commodities, access to raw materials, price volatility in agricultural commodity markets, derivative markets, sustainable development, water resources, child labour and the exploitation of children in developing countries,

| — | having regard to its resolution of 15 December 2011 (4), withholding consent to a protocol on textiles to the Partnership and Cooperation Agreement between the EU and Uzbekistan on account of concerns relating to the use of forced child labour on cotton fields, |
| --- | --- |

—

having regard to its resolution of 15 December 2011 (4), withholding consent to a protocol on textiles to the Partnership and Cooperation Agreement between the EU and Uzbekistan on account of concerns relating to the use of forced child labour on cotton fields,

| — | having regard to the UN Global Compact, the European strategy for raw materials, the EU strategy for Corporate Social Responsibility, the EU strategy for sustainable development, Policy Coherence for Development, and the EU Strategic Framework and Action Plan on Human Rights and Democracy, |
| --- | --- |

—

having regard to the UN Global Compact, the European strategy for raw materials, the EU strategy for Corporate Social Responsibility, the EU strategy for sustainable development, Policy Coherence for Development, and the EU Strategic Framework and Action Plan on Human Rights and Democracy,

| — | having regard to the Commission’s statement of 14 March 2013 on the sustainability of the cotton value chain, |
| --- | --- |

—

having regard to the Commission’s statement of 14 March 2013 on the sustainability of the cotton value chain,

| — | having regard to Rule 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) of its Rules of Procedure,

| A. | whereas cotton is among the most significant crops in terms of land use, and is an important employment generator and a vital non-food agricultural commodity for rural communities, traders, the textile industry and consumers throughout the world; |
| --- | --- |

A.

whereas cotton is among the most significant crops in terms of land use, and is an important employment generator and a vital non-food agricultural commodity for rural communities, traders, the textile industry and consumers throughout the world;

| B. | whereas cotton is the most widely used natural fibre and is grown in more than 100 countries, with around 150 states being involved in its trade; |
| --- | --- |

B.

whereas cotton is the most widely used natural fibre and is grown in more than 100 countries, with around 150 states being involved in its trade;

| C. | whereas an estimated 100 million rural households are involved in cotton production, and whereas the cotton sector is a major source of employment and income for more than 250 million people in the production, processing, storage and transportation stages of this agricultural value chain; |
| --- | --- |

C.

whereas an estimated 100 million rural households are involved in cotton production, and whereas the cotton sector is a major source of employment and income for more than 250 million people in the production, processing, storage and transportation stages of this agricultural value chain;

| D. | whereas cotton production is dominated by China, India and the United States, with the United States, India, Australia and Brazil being the largest exporters and China, Bangladesh and Turkey the biggest importers; whereas Uzbekistan is the world’s fifth-largest cotton exporter and the sixth-largest producer; |
| --- | --- |

D.

whereas cotton production is dominated by China, India and the United States, with the United States, India, Australia and Brazil being the largest exporters and China, Bangladesh and Turkey the biggest importers; whereas Uzbekistan is the world’s fifth-largest cotton exporter and the sixth-largest producer;

| E. | whereas the overwhelming majority of Bangladesh’s cotton imports are used for export-oriented textile and apparel manufacturing, accounting for 80 % of all manufacturing exports; whereas most of the textiles and apparel it produces are exported to developed countries, in particular the EU Member States, Canada and the USA; |
| --- | --- |

E.

whereas the overwhelming majority of Bangladesh’s cotton imports are used for export-oriented textile and apparel manufacturing, accounting for 80 % of all manufacturing exports; whereas most of the textiles and apparel it produces are exported to developed countries, in particular the EU Member States, Canada and the USA;

| F. | whereas in the EU cotton is cultivated over an area of 370 000 hectares by some 100 000 producers, primarily in Greece and Spain, who produce 340 000 tonnes of ginned cotton every year, amounting to 1 % of global ginned cotton production; |
| --- | --- |

F.

whereas in the EU cotton is cultivated over an area of 370 000 hectares by some 100 000 producers, primarily in Greece and Spain, who produce 340 000 tonnes of ginned cotton every year, amounting to 1 % of global ginned cotton production;

| G. | whereas the EU became a net cotton exporter in 2009 and has a 2,8 % export market share, with Turkey, Egypt and China being its main export destinations; |
| --- | --- |

G.

whereas the EU became a net cotton exporter in 2009 and has a 2,8 % export market share, with Turkey, Egypt and China being its main export destinations;

| H. | whereas the value of exports by the EU’s textile and clothing industry totalled EUR 39 billion in 2011, with the industry employing more than 1,8 million workers in 146 000 companies throughout the EU (5); |
| --- | --- |

H.

whereas the value of exports by the EU’s textile and clothing industry totalled EUR 39 billion in 2011, with the industry employing more than 1,8 million workers in 146 000 companies throughout the EU (5);

| I. | whereas the environmental footprint of cotton is multiplied by excessive use of pesticides (of which it accounts for 7 % of world use), insecticides (of which it accounts for 15 % of world use) and water, leading to soil degradation and contamination and to loss of biodiversity; |
| --- | --- |

I.

whereas the environmental footprint of cotton is multiplied by excessive use of pesticides (of which it accounts for 7 % of world use), insecticides (of which it accounts for 15 % of world use) and water, leading to soil degradation and contamination and to loss of biodiversity;

| J. | whereas most of the global cotton harvest comes from irrigated land, putting considerable strain on freshwater resources; whereas cotton accounts for more global insecticide releases than any other crop; |
| --- | --- |

J.

whereas most of the global cotton harvest comes from irrigated land, putting considerable strain on freshwater resources; whereas cotton accounts for more global insecticide releases than any other crop;

| K. | whereas the EU is the largest provider of cotton-related development assistance via the EU-Africa Partnership on Cotton and other programmes (6), and was the world’s leading importer of textiles and clothing from the Least Developed Countries (LDCs) in 2009; |
| --- | --- |

K.

whereas the EU is the largest provider of cotton-related development assistance via the EU-Africa Partnership on Cotton and other programmes (6), and was the world’s leading importer of textiles and clothing from the Least Developed Countries (LDCs) in 2009;

| L. | whereas the reform of the Union’s generalised system of preferences (GSP) (7) will reinforce the incentives under the GSP+ scheme to respect core human and labour rights and environmental and good governance standards; |
| --- | --- |

L.

whereas the reform of the Union’s generalised system of preferences (GSP) (7) will reinforce the incentives under the GSP+ scheme to respect core human and labour rights and environmental and good governance standards;

| M. | whereas the real magnitude of child labour in the cotton value chain is hard to estimate owing to incomplete and fragmented information; |
| --- | --- |

M.

whereas the real magnitude of child labour in the cotton value chain is hard to estimate owing to incomplete and fragmented information;

| N. | whereas the ILO estimates that more than 215 million children worldwide are child labourers and that 60 % of them work in the agricultural sector (8); |
| --- | --- |

N.

whereas the ILO estimates that more than 215 million children worldwide are child labourers and that 60 % of them work in the agricultural sector (8);

| O. | whereas, for the purpose of this resolution, child labour is defined by ILO Conventions No 138 concerning Minimum Age for Admission to Employment and No 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, respectively; |
| --- | --- |

O.

whereas, for the purpose of this resolution, child labour is defined by ILO Conventions No 138 concerning Minimum Age for Admission to Employment and No 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, respectively;

| P. | whereas different forms of child and forced labour occur in a large majority of the major cotton-producing countries worldwide during cultivation, the harvesting of lint and seed and the ginning of cotton (9); |
| --- | --- |

P.

whereas different forms of child and forced labour occur in a large majority of the major cotton-producing countries worldwide during cultivation, the harvesting of lint and seed and the ginning of cotton (9);

| Q. | whereas child and forced labour in the cotton and textile sectors cannot be tackled in isolation from their main causes: rural poverty and lack of alternatives for income generation, insufficient protection of children’s rights, failure to put in place mandatory education for all children, rigid community structures and prevailing attitudes; |
| --- | --- |

Q.

whereas child and forced labour in the cotton and textile sectors cannot be tackled in isolation from their main causes: rural poverty and lack of alternatives for income generation, insufficient protection of children’s rights, failure to put in place mandatory education for all children, rigid community structures and prevailing attitudes;

| R. | whereas working conditions, including health and safety standards as well as wage levels, remain an issue of great concern in cotton production and textile and apparel manufacturing, in particular in the LDCs and developing countries; whereas since 2006, 470 people in Bangladesh alone have been killed in fires that broke out in textile companies; |
| --- | --- |

R.

whereas working conditions, including health and safety standards as well as wage levels, remain an issue of great concern in cotton production and textile and apparel manufacturing, in particular in the LDCs and developing countries; whereas since 2006, 470 people in Bangladesh alone have been killed in fires that broke out in textile companies;

| S. | whereas the ICAC brings together 41 cotton-producing, -consuming and -trading countries and aims to improve transparency in the cotton market by raising awareness, fostering international cooperation, gathering statistical data and providing technical information and forecasts in respect of the cotton and textiles markets; |
| --- | --- |

S.

whereas the ICAC brings together 41 cotton-producing, -consuming and -trading countries and aims to improve transparency in the cotton market by raising awareness, fostering international cooperation, gathering statistical data and providing technical information and forecasts in respect of the cotton and textiles markets;

| T. | whereas the ICAC remains one of a few ICBs of which the Union is not yet a member, and whereas seven EU Member States are currently members of the ICAC; |
| --- | --- |

T.

whereas the ICAC remains one of a few ICBs of which the Union is not yet a member, and whereas seven EU Member States are currently members of the ICAC;

| U. | whereas cotton is vital to the Union’s trade, development and agriculture objectives; |
| --- | --- |

U.

whereas cotton is vital to the Union’s trade, development and agriculture objectives;

| V. | whereas the Union’s accession to the ICAC would enhance cooperation on cotton issues, make the Union’s action more consistent and increase its influence in setting the ‘cotton agenda’; |
| --- | --- |

V.

whereas the Union’s accession to the ICAC would enhance cooperation on cotton issues, make the Union’s action more consistent and increase its influence in setting the ‘cotton agenda’;

| W. | whereas membership of the ICAC would allow the Union enhanced access to information and analytical advice and facilitate linkages and partnerships between the textile sector, cotton producers and public authorities; |
| --- | --- |

W.

whereas membership of the ICAC would allow the Union enhanced access to information and analytical advice and facilitate linkages and partnerships between the textile sector, cotton producers and public authorities;

| X. | whereas Parliament will be requested to give its consent to the Union’s accession to the ICAC; |
| --- | --- |

X.

whereas Parliament will be requested to give its consent to the Union’s accession to the ICAC;

| 1. | Calls for further efforts to fight trade-distorting measures and to improve transparency in commodity derivatives markets; |
| --- | --- |

1.

Calls for further efforts to fight trade-distorting measures and to improve transparency in commodity derivatives markets;

| 2. | Urges all stakeholders in the cotton sector, without further delay, to work together through the ICAC in order drastically to minimise environmental degradation, including water footprints and the use of pesticides and insecticides; emphasises that these unsustainable production methods undermine conditions for future cotton production; regards the Union’s accession to the ICAC as instrumental to developing a common ICAC work programme in this direction; |
| --- | --- |

2.

Urges all stakeholders in the cotton sector, without further delay, to work together through the ICAC in order drastically to minimise environmental degradation, including water footprints and the use of pesticides and insecticides; emphasises that these unsustainable production methods undermine conditions for future cotton production; regards the Union’s accession to the ICAC as instrumental to developing a common ICAC work programme in this direction;

| 3. | Underlines the importance of fighting violations of human and labour rights and environmental pollution throughout the cotton value chain, including in the textiles and clothing sectors; suggests that the ICAC develop a means of facilitating the independent monitoring by NGOs of human rights violations throughout the cotton value chain and asks the Union, once it is a member of the ICAC, to engage with this issue; |
| --- | --- |

3.

Underlines the importance of fighting violations of human and labour rights and environmental pollution throughout the cotton value chain, including in the textiles and clothing sectors; suggests that the ICAC develop a means of facilitating the independent monitoring by NGOs of human rights violations throughout the cotton value chain and asks the Union, once it is a member of the ICAC, to engage with this issue;

| 4. | Stresses the need to create the right conditions for small-scale producers from developing countries to gain access to the main value chains serving the Union’s textile and clothing industry, move up the cotton-textile-clothing value chain and grasp the potential of organic and fair trade cotton; calls on the Commission to evaluate how public procurement legislation in the EU can bolster the take-up of fair trade cotton; |
| --- | --- |

4.

Stresses the need to create the right conditions for small-scale producers from developing countries to gain access to the main value chains serving the Union’s textile and clothing industry, move up the cotton-textile-clothing value chain and grasp the potential of organic and fair trade cotton; calls on the Commission to evaluate how public procurement legislation in the EU can bolster the take-up of fair trade cotton;

| 5. | Urges the Commission, in the context of Economic Partnership Agreement negotiations and Development Cooperation Instrument national development plans, to step up its efforts to support national and regional cotton strategies in the cotton-producing LDCs; |
| --- | --- |

5.

Urges the Commission, in the context of Economic Partnership Agreement negotiations and Development Cooperation Instrument national development plans, to step up its efforts to support national and regional cotton strategies in the cotton-producing LDCs;

| 6. | Strongly condemns the use of child and forced labour on cotton fields; |
| --- | --- |

6.

Strongly condemns the use of child and forced labour on cotton fields;

| 7. | Takes the view that only a holistic and coordinated framework that addresses the root causes of child and forced labour and is implemented on a long-term basis can lead to a more sustainable cotton value chain; calls, nevertheless, for the EU to take seriously any allegations of slavery or forced labour in the cotton supply chain and to respond with appropriate sanctions; |
| --- | --- |

7.

Takes the view that only a holistic and coordinated framework that addresses the root causes of child and forced labour and is implemented on a long-term basis can lead to a more sustainable cotton value chain; calls, nevertheless, for the EU to take seriously any allegations of slavery or forced labour in the cotton supply chain and to respond with appropriate sanctions;

| 8. | Emphasises that the sustainability of the cotton sector depends on producers, traders, input suppliers, textile manufacturers, retailers, brands, governments, civil society and consumers; points out that fair trade schemes provide for closer cooperation between consumers and producers, inter alia in the cotton sector, whose expertise and best practices should be evaluated by the Commission; |
| --- | --- |

8.

Emphasises that the sustainability of the cotton sector depends on producers, traders, input suppliers, textile manufacturers, retailers, brands, governments, civil society and consumers; points out that fair trade schemes provide for closer cooperation between consumers and producers, inter alia in the cotton sector, whose expertise and best practices should be evaluated by the Commission;

| 9. | Calls on all cotton-producing countries to create an enabling environment for adequate monitoring and reporting of labour conditions in the cotton sector by government, industry, independent NGOs and trade union bodies, and to support farmer organisations and trade unions in their efforts to raise income levels and improve working conditions on cotton fields; underlines the need for those working at the coalface of the cotton industry to earn a decent livelihood from their work and share in the benefits accrued by cotton-producing countries; |
| --- | --- |

9.

Calls on all cotton-producing countries to create an enabling environment for adequate monitoring and reporting of labour conditions in the cotton sector by government, industry, independent NGOs and trade union bodies, and to support farmer organisations and trade unions in their efforts to raise income levels and improve working conditions on cotton fields; underlines the need for those working at the coalface of the cotton industry to earn a decent livelihood from their work and share in the benefits accrued by cotton-producing countries;

| 10. | Welcomes the Better Cotton Initiative (BTI), Cotton Made in Africa, the Global Organic Textile Standard (GOTS) and other multi-stakeholder initiatives aiming to increase the sustainability of the cotton and textiles value chain; |
| --- | --- |

10.

Welcomes the Better Cotton Initiative (BTI), Cotton Made in Africa, the Global Organic Textile Standard (GOTS) and other multi-stakeholder initiatives aiming to increase the sustainability of the cotton and textiles value chain;

| 11. | Urges those countries which have yet to ratify the UN Convention on the Rights of the Child, ILO Conventions Nos 138 and 182 or ILO Conventions Nos 87, 98, 141 and 155 to ratify and implement these conventions swiftly; takes the view that governments should adopt all appropriate policies in order to foster awareness of existing national and international rules on child labour and of core ILO conventions, throughout the entire cotton production chain; |
| --- | --- |

11.

Urges those countries which have yet to ratify the UN Convention on the Rights of the Child, ILO Conventions Nos 138 and 182 or ILO Conventions Nos 87, 98, 141 and 155 to ratify and implement these conventions swiftly; takes the view that governments should adopt all appropriate policies in order to foster awareness of existing national and international rules on child labour and of core ILO conventions, throughout the entire cotton production chain;

| 12. | Recalls that preferences granted under the Union’s GSP, its main trade policy instrument for promoting core human and labour rights and sustainable development, can be temporarily withdrawn in the event of serious and systematic violations of core human or labour rights enshrined in the core UN or ILO conventions; stresses the responsibility of European companies to comply with these standards in their supply chains; |
| --- | --- |

12.

Recalls that preferences granted under the Union’s GSP, its main trade policy instrument for promoting core human and labour rights and sustainable development, can be temporarily withdrawn in the event of serious and systematic violations of core human or labour rights enshrined in the core UN or ILO conventions; stresses the responsibility of European companies to comply with these standards in their supply chains;

| 13. | Underlines the importance of the special incentive arrangement for sustainable development and good governance (GSP+); |
| --- | --- |

13.

Underlines the importance of the special incentive arrangement for sustainable development and good governance (GSP+);

| 14. | Calls upon the Commission to study and, if appropriate, submit to Parliament a legislative proposal on an effective traceability mechanism for goods produced through child or forced labour; |
| --- | --- |

14.

Calls upon the Commission to study and, if appropriate, submit to Parliament a legislative proposal on an effective traceability mechanism for goods produced through child or forced labour;

| 15. | Calls on the Council to take a decision on the modalities of ICAC membership, allowing the Union to accede to the ICAC under an exclusive competence; |
| --- | --- |

15.

Calls on the Council to take a decision on the modalities of ICAC membership, allowing the Union to accede to the ICAC under an exclusive competence;

| 16. | Calls on the participants in the cotton value chain to avoid unilateral measures such as export bans, to strive for increased transparency and coordination in order to reduce price volatility and the scope for speculation, and to work to ensure the traceability of the cotton fibre trade on the open market; |
| --- | --- |

16.

Calls on the participants in the cotton value chain to avoid unilateral measures such as export bans, to strive for increased transparency and coordination in order to reduce price volatility and the scope for speculation, and to work to ensure the traceability of the cotton fibre trade on the open market;

| 17. | Considers it important to safeguard cotton production in the Union, reinforcing transitional restructuring measures for the most affected regions; |
| --- | --- |

17.

Considers it important to safeguard cotton production in the Union, reinforcing transitional restructuring measures for the most affected regions;

| 18. | Calls on the ICAC regularly to assess, through its Expert Panel on the Social, Environmental and Economic Performance of Cotton (SEEP), the social and environmental impact of cotton production and to make its findings public; |
| --- | --- |

18.

Calls on the ICAC regularly to assess, through its Expert Panel on the Social, Environmental and Economic Performance of Cotton (SEEP), the social and environmental impact of cotton production and to make its findings public;

| 19. | Calls on the ICAC to consider the possibility of creating an effective global labelling scheme guaranteeing that products have been produced without the use of child or forced labour at any stage of the supply chain or production process; |
| --- | --- |

19.

Calls on the ICAC to consider the possibility of creating an effective global labelling scheme guaranteeing that products have been produced without the use of child or forced labour at any stage of the supply chain or production process;

| 20. | Calls upon the People’s Republic of China, the biggest cotton market with the largest cotton reserves, to consider joining the ICAC and to play a constructive role in the cotton sector; further calls on the People’s Republic of China firmly to combat the use of child and forced labour in the cotton and textiles sector; |
| --- | --- |

20.

Calls upon the People’s Republic of China, the biggest cotton market with the largest cotton reserves, to consider joining the ICAC and to play a constructive role in the cotton sector; further calls on the People’s Republic of China firmly to combat the use of child and forced labour in the cotton and textiles sector;

| 21. | Calls on the Commission to:






  i. | report regularly to Parliament on its work and activities in ICBs, including the ICAC; |
| --- | --- | --- |

21.

Calls on the Commission to:

i.

report regularly to Parliament on its work and activities in ICBs, including the ICAC;

| ii. | make full use of the potential of ICAC membership in order to strive for enhanced market transparency in the cotton garment industry and for sustainability; |
| --- | --- |

ii.

make full use of the potential of ICAC membership in order to strive for enhanced market transparency in the cotton garment industry and for sustainability;

| iii. | react swiftly to any possible cotton export restrictions or other actions leading to excessive price volatility; |
| --- | --- |

iii.

react swiftly to any possible cotton export restrictions or other actions leading to excessive price volatility;

| iv. | continue to ensure that the voices of European cotton growers, ginners, traders and researchers are heard; |
| --- | --- |

iv.

continue to ensure that the voices of European cotton growers, ginners, traders and researchers are heard;

| v. | improve coordination, statistical data collection, forecasting, information sharing and monitoring in respect of global cotton supply and value chains; |
| --- | --- |

v.

improve coordination, statistical data collection, forecasting, information sharing and monitoring in respect of global cotton supply and value chains;

| 22. | Instructs its President to forward this resolution to the Council and the Commission, the ICAC, the ILO, the Food and Agriculture Organisation of the United Nations (FAO), the International Fund for Agricultural Development (IFAD), the United Nations Children’s Fund (UNICEF), the World Bank, the World Trade Organisation (WTO) and the Government of the People’s Republic of China. |
| --- | --- |

22.

Instructs its President to forward this resolution to the Council and the Commission, the ICAC, the ILO, the Food and Agriculture Organisation of the United Nations (FAO), the International Fund for Agricultural Development (IFAD), the United Nations Children’s Fund (UNICEF), the World Bank, the World Trade Organisation (WTO) and the Government of the People’s Republic of China.

---

(1)  OJ C 99 E, 3.4.2012, p. 31.

(2)  OJ C 99 E, 3.4.2012, p. 101.

(3)  OJ L 303, 31.10.2012, p. 1.

(4)  Texts adopted, P7_TA(2011)0586.

(5)  ‘The EU-27 Textile and Clothing Industry in the year 2011’, European Apparel and Textile Organisation (Euratex), 2011.

(6)  The total value of development assistance to the African cotton industry by the EU and its Member States since 2004 exceeds EUR 350 million. See World Trade Organisation data on cotton development assistance, 31.5.2012.

(7)  See Texts adopted of 13 June 2012, P7_TA(2012)0241.

(8)  ILO-IPEC, ‘Global Child Labour Developments: Measuring Trends from 2004 to 2008’, 2011.

(9)  ‘Literature Review and Research Evaluation relating to Social Impacts of Global Cotton Production for ICAC Expert Panel on the Social, Environmental and Economic Performance of Cotton (SEEP)’, July 2008.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/145 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/145

---

P7_TA(2013)0100

Situation in Bangladesh

European Parliament resolution of 14 March 2013 on the situation in Bangladesh (2013/2561(RSP))

(2016/C 036/23)

The European Parliament,

| — | having regard to its previous resolutions on Bangladesh, in particular those of 17 January 2013 (1), 6 September 2007 (2) and 10 July 2008 (3), |
| --- | --- |

—

having regard to its previous resolutions on Bangladesh, in particular those of 17 January 2013 (1), 6 September 2007 (2) and 10 July 2008 (3),

| — | having regard to the Cooperation Agreement between the European Community and the People’s Republic of Bangladesh on partnership and development (4), |
| --- | --- |

—

having regard to the Cooperation Agreement between the European Community and the People’s Republic of Bangladesh on partnership and development (4),

| — | having regard to the International Crimes (Tribunals) Act passed by the Bangladeshi parliament in 1973 ‘to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes, and other crimes under international law’, |
| --- | --- |

—

having regard to the International Crimes (Tribunals) Act passed by the Bangladeshi parliament in 1973 ‘to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes, and other crimes under international law’,

| — | having regard to the statements issued by the spokesperson of High Representative Catherine Ashton on 22 January 2013 concerning the death sentence pronounced by the International Crimes Tribunal in Bangladesh, and on 2 March 2013 concerning violence in Bangladesh, |
| --- | --- |

—

having regard to the statements issued by the spokesperson of High Representative Catherine Ashton on 22 January 2013 concerning the death sentence pronounced by the International Crimes Tribunal in Bangladesh, and on 2 March 2013 concerning violence in Bangladesh,

| — | having regard to the joint statement of 7 February 2013 of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions and the UN Special Rapporteur on the independence of judges and lawyers, |
| --- | --- |

—

having regard to the joint statement of 7 February 2013 of the UN Special Rapporteur on extrajudicial, summary or arbitrary executions and the UN Special Rapporteur on the independence of judges and lawyers,

| — | having regard to the principles of the United Nations Charter, to the Universal Declaration on Human Rights, to the 1993 Vienna Declaration and Programme of Action of the World Conference on Human Rights, and to the 1995 Copenhagen Declaration and Programme of Action on Social Development, |
| --- | --- |

—

having regard to the principles of the United Nations Charter, to the Universal Declaration on Human Rights, to the 1993 Vienna Declaration and Programme of Action of the World Conference on Human Rights, and to the 1995 Copenhagen Declaration and Programme of Action on Social Development,

| — | having regard to the International Covenant on Civil and Political Rights, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights,

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas the EU has good, long-standing relations with Bangladesh, including through the Cooperation Agreement on partnership and development; |
| --- | --- |

A.

whereas the EU has good, long-standing relations with Bangladesh, including through the Cooperation Agreement on partnership and development;

| B. | whereas in fulfilment of a central electoral campaign promise, the Awami League Government under the leadership of Sheik Hasina set up a war crimes tribunal on the massacres committed during the nine-month secession war between former East and West Pakistan in 1971, in which between 300 000 and 3 million people were killed and some 200 000 women raped; |
| --- | --- |

B.

whereas in fulfilment of a central electoral campaign promise, the Awami League Government under the leadership of Sheik Hasina set up a war crimes tribunal on the massacres committed during the nine-month secession war between former East and West Pakistan in 1971, in which between 300 000 and 3 million people were killed and some 200 000 women raped;

| C. | whereas the trauma of one of the gravest cases of mass murder in history still overshadows the lives of many Bangladeshis 40 years later, for whom the court proceedings are intended to offer an important moment of recognition and compensation for their suffering; |
| --- | --- |

C.

whereas the trauma of one of the gravest cases of mass murder in history still overshadows the lives of many Bangladeshis 40 years later, for whom the court proceedings are intended to offer an important moment of recognition and compensation for their suffering;

| D. | whereas on 21 January 2013 the International Crimes Tribunal (ICT) announced its verdict against Abdul Kalam Azad for crimes against humanity committed during the war of independence in 1971 and sentenced him to death following his trial in absentia; |
| --- | --- |

D.

whereas on 21 January 2013 the International Crimes Tribunal (ICT) announced its verdict against Abdul Kalam Azad for crimes against humanity committed during the war of independence in 1971 and sentenced him to death following his trial in absentia;

| E. | whereas on 5 February 2013 the ICT sentenced Abdul Qader Mollah to life imprisonment, triggering emotionally charged but largely peaceful protests by mostly young people at the Shahbagh intersection in Dhaka; whereas this so-called ‘Shahbagh Movement’ was calling for the application of the death penalty in the verdict as well as for a society and politics free of religious extremism; |
| --- | --- |

E.

whereas on 5 February 2013 the ICT sentenced Abdul Qader Mollah to life imprisonment, triggering emotionally charged but largely peaceful protests by mostly young people at the Shahbagh intersection in Dhaka; whereas this so-called ‘Shahbagh Movement’ was calling for the application of the death penalty in the verdict as well as for a society and politics free of religious extremism;

| F. | whereas in the wake of the protests, the government amended the ICT Act of 1973 to introduce a provision allowing plaintiffs to appeal against a verdict delivered by the Tribunal; whereas the court ruling against Abdul Qader Mollah can thus be overturned in favour of a death sentence; whereas this form of retroactive legislation violates fair trial standards, undermines the legitimacy of the ICT’s work and violates the prohibition on double jeopardy (‘ne bis in idem’) in international law, which is also laid down in Article 14(7) of the International Covenant on Civil and Political Rights, to which Bangladesh is a party; |
| --- | --- |

F.

whereas in the wake of the protests, the government amended the ICT Act of 1973 to introduce a provision allowing plaintiffs to appeal against a verdict delivered by the Tribunal; whereas the court ruling against Abdul Qader Mollah can thus be overturned in favour of a death sentence; whereas this form of retroactive legislation violates fair trial standards, undermines the legitimacy of the ICT’s work and violates the prohibition on double jeopardy (‘ne bis in idem’) in international law, which is also laid down in Article 14(7) of the International Covenant on Civil and Political Rights, to which Bangladesh is a party;

| G. | whereas various leaders of the ruling Awami League party, including the Home Minister, have supported the demands of the Shabagh Movement, suggesting that the Jamaat-e-Islami party should be banned and media outlets connected to the party closed; |
| --- | --- |

G.

whereas various leaders of the ruling Awami League party, including the Home Minister, have supported the demands of the Shabagh Movement, suggesting that the Jamaat-e-Islami party should be banned and media outlets connected to the party closed;

| H. | whereas on 28 February 2013 the ICT announced its decision to sentence Delwar Hossain Sayeedi, Vice-President of the Jamaat-e-Islami party, to the death penalty on charges including persecution of the Hindu minority; |
| --- | --- |

H.

whereas on 28 February 2013 the ICT announced its decision to sentence Delwar Hossain Sayeedi, Vice-President of the Jamaat-e-Islami party, to the death penalty on charges including persecution of the Hindu minority;

| I. | whereas the situation deteriorated following this latest verdict, with violent protests against it by followers of the Jamaat Party leading to more than 60 deaths; whereas, according to information provided by NGOs, the police response to attacks by Jamaat members and supporters included the use of live ammunition; |
| --- | --- |

I.

whereas the situation deteriorated following this latest verdict, with violent protests against it by followers of the Jamaat Party leading to more than 60 deaths; whereas, according to information provided by NGOs, the police response to attacks by Jamaat members and supporters included the use of live ammunition;

| J. | whereas there are reports of recent attacks by Jamaat activists and some Bangladesh Nationalist Party supporters on more than 40 Hindu temples, homes and shops across Bangladesh, leaving hundreds of people homeless; whereas Bangladesh’s Hindu and other minorities (such as the Ahmadiyya community) have suffered repeatedly from periods of violence and persecution, notably during the independence war in 1971 and after the 2001 elections, and whereas, as a consequence, some 900 000 Hindus left Bangladesh between 2001 and 2011; |
| --- | --- |

J.

whereas there are reports of recent attacks by Jamaat activists and some Bangladesh Nationalist Party supporters on more than 40 Hindu temples, homes and shops across Bangladesh, leaving hundreds of people homeless; whereas Bangladesh’s Hindu and other minorities (such as the Ahmadiyya community) have suffered repeatedly from periods of violence and persecution, notably during the independence war in 1971 and after the 2001 elections, and whereas, as a consequence, some 900 000 Hindus left Bangladesh between 2001 and 2011;

| K. | whereas judicial proceedings in several other cases are under way at the ICT and there is a serious risk of the defendants being found guilty and sentenced to death; |
| --- | --- |

K.

whereas judicial proceedings in several other cases are under way at the ICT and there is a serious risk of the defendants being found guilty and sentenced to death;

| L. | whereas the UN Special Rapporteur on extrajudicial, summary or arbitrary executions and the UN Special Rapporteur on the independence of judges and lawyers, as well as human rights organisations, have expressed concern about the tribunal’s alleged shortcomings as regards fair trials and due process, especially the fact that one of the trials was conducted in absentia; |
| --- | --- |

L.

whereas the UN Special Rapporteur on extrajudicial, summary or arbitrary executions and the UN Special Rapporteur on the independence of judges and lawyers, as well as human rights organisations, have expressed concern about the tribunal’s alleged shortcomings as regards fair trials and due process, especially the fact that one of the trials was conducted in absentia;

| 1. | Is deeply concerned about the recent outbreak of violence in Bangladesh following the ICT verdicts and expresses its sorrow at the recent casualties; |
| --- | --- |

1.

Is deeply concerned about the recent outbreak of violence in Bangladesh following the ICT verdicts and expresses its sorrow at the recent casualties;

| 2. | Expresses its condolences to relatives and acquaintances of those killed and injured as a result of the violence; |
| --- | --- |

2.

Expresses its condolences to relatives and acquaintances of those killed and injured as a result of the violence;

| 3. | Acknowledges the need for reconciliation, justice and accountability for the crimes committed during the 1971 war of independence; stresses the important role of the ICT in this matter; |
| --- | --- |

3.

Acknowledges the need for reconciliation, justice and accountability for the crimes committed during the 1971 war of independence; stresses the important role of the ICT in this matter;

| 4. | Reiterates its strong opposition to use of the death penalty in all cases and under any circumstances; |
| --- | --- |

4.

Reiterates its strong opposition to use of the death penalty in all cases and under any circumstances;

| 5. | Calls on the Bangladeshi authorities to commute all death sentences, to build on the positive development of there not having been any executions in 2012, and to introduce an official moratorium on executions as a first step towards the abolition of capital punishment; |
| --- | --- |

5.

Calls on the Bangladeshi authorities to commute all death sentences, to build on the positive development of there not having been any executions in 2012, and to introduce an official moratorium on executions as a first step towards the abolition of capital punishment;

| 6. | Deplores the reported irregularities in the functioning of the ICT, such as the alleged intimidation, harassment and forced disappearance of witnesses, as well as evidence of illicit cooperation between judges, prosecutors and the government; insists, in particular, that the law enforcement authorities enhance measures to guarantee effective witness protection; |
| --- | --- |

6.

Deplores the reported irregularities in the functioning of the ICT, such as the alleged intimidation, harassment and forced disappearance of witnesses, as well as evidence of illicit cooperation between judges, prosecutors and the government; insists, in particular, that the law enforcement authorities enhance measures to guarantee effective witness protection;

| 7. | Calls on the Bangladeshi Government to ensure that the ICT adheres strictly to national and international judicial standards; stresses, in this connection, the guarantee of a free, fair and transparent trial as well as the right of victims to protection, truth, justice and reparation; |
| --- | --- |

7.

Calls on the Bangladeshi Government to ensure that the ICT adheres strictly to national and international judicial standards; stresses, in this connection, the guarantee of a free, fair and transparent trial as well as the right of victims to protection, truth, justice and reparation;

| 8. | Calls on the Bangladeshi Government to redouble its efforts to enforce the rule of law and order; recalls its obligation to honour its international commitments in the field of human rights; |
| --- | --- |

8.

Calls on the Bangladeshi Government to redouble its efforts to enforce the rule of law and order; recalls its obligation to honour its international commitments in the field of human rights;

| 9. | Strongly condemns the violence of Jamaat-e-Islami supporters and affiliated parties against law enforcement officers, against those who support the verdicts of the ICT, and against religious and ethnic minorities; strongly condemns any indiscriminate violence aimed at ordinary citizens; |
| --- | --- |

9.

Strongly condemns the violence of Jamaat-e-Islami supporters and affiliated parties against law enforcement officers, against those who support the verdicts of the ICT, and against religious and ethnic minorities; strongly condemns any indiscriminate violence aimed at ordinary citizens;

| 10. | Expresses its concern about the high number of casualties; calls on the government to instruct its security forces to strictly observe their obligation to use maximum restraint and avoid lethal force and to thoroughly investigate the deaths of all those killed during the demonstrations; |
| --- | --- |

10.

Expresses its concern about the high number of casualties; calls on the government to instruct its security forces to strictly observe their obligation to use maximum restraint and avoid lethal force and to thoroughly investigate the deaths of all those killed during the demonstrations;

| 11. | Urges the Bangladeshi authorities to ensure that all allegations of torture and ill-treatment are investigated impartially, and that those found responsible are brought to justice; |
| --- | --- |

11.

Urges the Bangladeshi authorities to ensure that all allegations of torture and ill-treatment are investigated impartially, and that those found responsible are brought to justice;

| 12. | Urges all political leaders in the country to de-escalate political tensions in order to avoid further violence, and to instruct their supporters not to participate in any acts of violence; calls on all political parties in Bangladesh to enter into dialogue with each other; |
| --- | --- |

12.

Urges all political leaders in the country to de-escalate political tensions in order to avoid further violence, and to instruct their supporters not to participate in any acts of violence; calls on all political parties in Bangladesh to enter into dialogue with each other;

| 13. | Calls on the press to refrain from incitement to confrontational violence; urges the government to ensure that journalists and editors are able to express their views peacefully without being harassed, intimidated, detained or tortured; |
| --- | --- |

13.

Calls on the press to refrain from incitement to confrontational violence; urges the government to ensure that journalists and editors are able to express their views peacefully without being harassed, intimidated, detained or tortured;

| 14. | 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 EU Special Representative for Human Rights, the governments and parliaments of the Member States, the UN Secretary-General, the UN Human Rights Council and the Government and Parliament of Bangladesh. |
| --- | --- |

14.

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 EU Special Representative for Human Rights, the governments and parliaments of the Member States, the UN Secretary-General, the UN Human Rights Council and the Government and Parliament of Bangladesh.

---

(1)  Texts adopted, P7_TA(2013)0027.

(2)  OJ C 187 E, 24.7.2008, p. 240.

(3)  OJ C 294 E, 3.12.2009, p. 77.

(4)  OJ L 118, 27.4.2001, p. 48.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/147 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/147

---

P7_TA(2013)0101

Iraq: plight of minority groups, in particular the Iraqi Turkmen

European Parliament resolution of 14 March 2013 on Iraq: the plight of minority groups, including the Iraqi Turkmen (2013/2562(RSP))

(2016/C 036/24)

The European Parliament,

| — | having regard to its previous resolutions on Iraq, notably its resolutions of 6 April 2006 on the Assyrian community (1) and of 25 November 2010 on attacks against Christian communities (2), |
| --- | --- |

—

having regard to its previous resolutions on Iraq, notably its resolutions of 6 April 2006 on the Assyrian community (1) and of 25 November 2010 on attacks against Christian communities (2),

| — | having regard to the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part, and to its resolution of 17 January 2013 on the EU-Iraq Partnership and Cooperation Agreement (3), |
| --- | --- |

—

having regard to the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part, and to its resolution of 17 January 2013 on the EU-Iraq Partnership and Cooperation Agreement (3),

| — | having regard to the Commission’s Joint Strategy Paper for Iraq (2011-2013), |
| --- | --- |

—

having regard to the Commission’s Joint Strategy Paper for Iraq (2011-2013),

| — | having regard to the statement by Vice-President of the Commission/EU High Representative (VP/HR) Catherine Ashton of 25 January 2013 on the recent spate of terrorist attacks in Iraq, |
| --- | --- |

—

having regard to the statement by Vice-President of the Commission/EU High Representative (VP/HR) Catherine Ashton of 25 January 2013 on the recent spate of terrorist attacks in Iraq,

| — | having regard to the declaration of VP/HR Catherine Ashton of 24 January 2013 on the killings at the funeral in Tuz Khurmatu, |
| --- | --- |

—

having regard to the declaration of VP/HR Catherine Ashton of 24 January 2013 on the killings at the funeral in Tuz Khurmatu,

| — | having regard to the International Compact with Iraq, launched by UN Secretary-General Ban Ki-moon and Iraqi Prime Minister Nouri al-Maliki in 2007, which pledges to ‘protect poor and vulnerable groups from deprivation and starvation’, |
| --- | --- |

—

having regard to the International Compact with Iraq, launched by UN Secretary-General Ban Ki-moon and Iraqi Prime Minister Nouri al-Maliki in 2007, which pledges to ‘protect poor and vulnerable groups from deprivation and starvation’,

| — | having regard to the ‘Human Rights Report on Human Rights in Iraq: January to June 2012’, presented jointly by the United Nations Assistance Mission in Iraq (UNAMI) and the Commission on 19 December 2012, |
| --- | --- |

—

having regard to the ‘Human Rights Report on Human Rights in Iraq: January to June 2012’, presented jointly by the United Nations Assistance Mission in Iraq (UNAMI) and the Commission on 19 December 2012,

| — | having regard to the accompanying press statement by the UN High Commissioner for Human Rights (OHCHR) Navi Pillay that ‘the number of executions so far in 2012, and the manner in which they have been carried out in large batches, is extremely dangerous, cannot be justified, and risks seriously undermining the partial and tentative progress on rule of law in Iraq’, |
| --- | --- |

—

having regard to the accompanying press statement by the UN High Commissioner for Human Rights (OHCHR) Navi Pillay that ‘the number of executions so far in 2012, and the manner in which they have been carried out in large batches, is extremely dangerous, cannot be justified, and risks seriously undermining the partial and tentative progress on rule of law in Iraq’,

| — | having regard to the statement by UN Secretary-General Ban Ki-Moon of 25 January 2013 strongly condemning ‘the recent wave of terrorist attacks across Iraq, which have killed hundreds of people and have left many more wounded’, |
| --- | --- |

—

having regard to the statement by UN Secretary-General Ban Ki-Moon of 25 January 2013 strongly condemning ‘the recent wave of terrorist attacks across Iraq, which have killed hundreds of people and have left many more wounded’,

| — | having regard to the 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief, |
| --- | --- |

—

having regard to the 1981 UN Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief,

| — | having regard to the International Covenant on Civil and Political Rights of 1966, to which Iraq is a party, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights of 1966, to which Iraq is a party,

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas Iraq continues to face serious political, security and socio-economic challenges, and whereas the political scene in the country is extremely fragmented and plagued by violence, to the severe detriment of the legitimate aspirations of the Iraqi people for peace, prosperity and a genuine transition to democracy; |
| --- | --- |

A.

whereas Iraq continues to face serious political, security and socio-economic challenges, and whereas the political scene in the country is extremely fragmented and plagued by violence, to the severe detriment of the legitimate aspirations of the Iraqi people for peace, prosperity and a genuine transition to democracy;

| B. | whereas the Iraqi Constitution guarantees equality before the law for all its citizens and notably, in Article 125, the ‘administrative, political, cultural and educational rights of the various nationalities, such as Turkmen, Chaldeans, Assyrians and all other nationalities’, and whereas Article 31 of the Constitution of the Kurdistan Region, in force since 2009, guarantees ‘national, cultural and administrative autonomy to the Turkmen, Arabs and Chaldo-Assyrian-Syriacs, Armenian and others who are citizens of Kurdistan whenever they represent the majority of the population’; |
| --- | --- |

B.

whereas the Iraqi Constitution guarantees equality before the law for all its citizens and notably, in Article 125, the ‘administrative, political, cultural and educational rights of the various nationalities, such as Turkmen, Chaldeans, Assyrians and all other nationalities’, and whereas Article 31 of the Constitution of the Kurdistan Region, in force since 2009, guarantees ‘national, cultural and administrative autonomy to the Turkmen, Arabs and Chaldo-Assyrian-Syriacs, Armenian and others who are citizens of Kurdistan whenever they represent the majority of the population’;

| C. | whereas on 9 April 2012 the Iraqi parliament approved the High Commission for Human Rights, which, while not yet fully functional, is the first independent human rights commission in the country’s history; |
| --- | --- |

C.

whereas on 9 April 2012 the Iraqi parliament approved the High Commission for Human Rights, which, while not yet fully functional, is the first independent human rights commission in the country’s history;

| D. | whereas in the political dialogue with its Iraqi counterparts, Parliament focuses on the human rights situation in Iraq, which continues to be of serious concern given the unsatisfactory situation for vulnerable groups, including minorities; |
| --- | --- |

D.

whereas in the political dialogue with its Iraqi counterparts, Parliament focuses on the human rights situation in Iraq, which continues to be of serious concern given the unsatisfactory situation for vulnerable groups, including minorities;

| E. | whereas the EU-Iraq agreement, and in particular its human rights clause, emphasises that the EU-Iraqi political dialogue should focus on human rights and strengthening democratic institutions; |
| --- | --- |

E.

whereas the EU-Iraq agreement, and in particular its human rights clause, emphasises that the EU-Iraqi political dialogue should focus on human rights and strengthening democratic institutions;

| F. | whereas Iraq has long been home to a variety of ethnic and religious minority groups, including Turkmen, Christians, Kurds, Shabak, Mandaeans, Armenians, Yezidi, Baha’is, Black Iraqis, Assyrians, Jews, Palestinians and others; |
| --- | --- |

F.

whereas Iraq has long been home to a variety of ethnic and religious minority groups, including Turkmen, Christians, Kurds, Shabak, Mandaeans, Armenians, Yezidi, Baha’is, Black Iraqis, Assyrians, Jews, Palestinians and others;

| G. | whereas minorities in Iraq have been the target of assimilation measures and are underrepresented in the Iraqi Government and associated bodies; whereas, as a consequence, the respective populations of minority groups in Iraq have diminished drastically in recent years, as many have fled the country, while others have been forced to relocate elsewhere in Iraq; |
| --- | --- |

G.

whereas minorities in Iraq have been the target of assimilation measures and are underrepresented in the Iraqi Government and associated bodies; whereas, as a consequence, the respective populations of minority groups in Iraq have diminished drastically in recent years, as many have fled the country, while others have been forced to relocate elsewhere in Iraq;

| H. | whereas Turkmen are allegedly the third-largest ethnic group in Iraq; whereas there has been an ongoing dispute between the Turkmen and Kurds over Kirkuk, a region rich in oil and other natural resources, with Turkmen subject to attacks and abductions by both Kurdish forces and Arab extremist groups; whereas both Sunni and Shia Turkmen have been targeted on sectarian grounds; |
| --- | --- |

H.

whereas Turkmen are allegedly the third-largest ethnic group in Iraq; whereas there has been an ongoing dispute between the Turkmen and Kurds over Kirkuk, a region rich in oil and other natural resources, with Turkmen subject to attacks and abductions by both Kurdish forces and Arab extremist groups; whereas both Sunni and Shia Turkmen have been targeted on sectarian grounds;

| I. | whereas the ongoing dispute between the central government of Iraq and the regional government of Kurdistan has recently escalated, which negatively affects the security situation in the region and endangers the peaceful co-existence of various ethnic groups, notably Kurds, Arabs and Turkmen; |
| --- | --- |

I.

whereas the ongoing dispute between the central government of Iraq and the regional government of Kurdistan has recently escalated, which negatively affects the security situation in the region and endangers the peaceful co-existence of various ethnic groups, notably Kurds, Arabs and Turkmen;

| J. | whereas, in addition to territorial tensions, northern Iraq is also a target for seemingly sectarian attacks in which the Shi’ite population is frequently targeted by Sunni groups; whereas on 31 December 2012, 39 pilgrims were killed during the Shia festival of Arba’een; whereas on 23 January 2013, an attack on a Shia mosque in Tuz Khurmatu — a town in the Nineveh Province in northern Iraq, which is disputed territory between the government of Iraq and the regional government of Kurdistan and which has a significant Turkmen population — left at least 42 dead and 117 injured; |
| --- | --- |

J.

whereas, in addition to territorial tensions, northern Iraq is also a target for seemingly sectarian attacks in which the Shi’ite population is frequently targeted by Sunni groups; whereas on 31 December 2012, 39 pilgrims were killed during the Shia festival of Arba’een; whereas on 23 January 2013, an attack on a Shia mosque in Tuz Khurmatu — a town in the Nineveh Province in northern Iraq, which is disputed territory between the government of Iraq and the regional government of Kurdistan and which has a significant Turkmen population — left at least 42 dead and 117 injured;

| K. | whereas, despite a significant improvement in the security situation, the level of violence faced by the Iraqi population remains unacceptably high, with bombings and shootings reported daily; and whereas continuing tension and violence leave most Iraqis uncertain about their future and make it impossible to promote the economic and social integration of the Iraqi population at large; |
| --- | --- |

K.

whereas, despite a significant improvement in the security situation, the level of violence faced by the Iraqi population remains unacceptably high, with bombings and shootings reported daily; and whereas continuing tension and violence leave most Iraqis uncertain about their future and make it impossible to promote the economic and social integration of the Iraqi population at large;

| 1. | Is deeply concerned at the increasing acts of violence suffered by the civilian population in Iraq, notably between Sunnis and Shi’ites but also in attacks against particularly vulnerable groups, such as religious, ethnic and cultural minorities, and calls on the Iraqi authorities to improve security and public order and to combat terrorism and sectarian violence throughout the country; |
| --- | --- |

1.

Is deeply concerned at the increasing acts of violence suffered by the civilian population in Iraq, notably between Sunnis and Shi’ites but also in attacks against particularly vulnerable groups, such as religious, ethnic and cultural minorities, and calls on the Iraqi authorities to improve security and public order and to combat terrorism and sectarian violence throughout the country;

| 2. | Condemns the attacks of 23 January 2013 against the Turkmen funeral in Tuz Khurmatu of a civil servant assassinated the previous day, leaving at least 42 people dead and a further 117 injured, of 3 February 2013 in which a suicide bombing outside a police station in Kirkuk killed 30 people and injured 70, and of 16 December 2012 in which two Turkmen teachers were abducted, tortured and burnt alive; |
| --- | --- |

2.

Condemns the attacks of 23 January 2013 against the Turkmen funeral in Tuz Khurmatu of a civil servant assassinated the previous day, leaving at least 42 people dead and a further 117 injured, of 3 February 2013 in which a suicide bombing outside a police station in Kirkuk killed 30 people and injured 70, and of 16 December 2012 in which two Turkmen teachers were abducted, tortured and burnt alive;

| 3. | Strongly condemns all terrorist attacks and extends its condolences to the families and friends of the deceased and injured; |
| --- | --- |

3.

Strongly condemns all terrorist attacks and extends its condolences to the families and friends of the deceased and injured;

| 4. | Expresses its grave concern that the new surge of instability and sectarian violence in Iraq could jeopardise the forthcoming provincial elections on 20 April 2013, cancellation of which would jeopardise the chances of a more democratic and inclusive governance structure; |
| --- | --- |

4.

Expresses its grave concern that the new surge of instability and sectarian violence in Iraq could jeopardise the forthcoming provincial elections on 20 April 2013, cancellation of which would jeopardise the chances of a more democratic and inclusive governance structure;

| 5. | Regrets the fact that, despite the reference in the Constitution to the rights of Turkmen and other minorities, these minorities continue to be plagued by ethnic and sectarian violence and discrimination; |
| --- | --- |

5.

Regrets the fact that, despite the reference in the Constitution to the rights of Turkmen and other minorities, these minorities continue to be plagued by ethnic and sectarian violence and discrimination;

| 6. | Calls on both the government of Iraq and the regional government of Kurdistan to condemn the attacks and to conduct a full and swift investigation into the recent terrorist attacks in the region, including the most deadly recent bombing of a Shia mosque in Tuz Khurmatu, and to bring those responsible to justice; |
| --- | --- |

6.

Calls on both the government of Iraq and the regional government of Kurdistan to condemn the attacks and to conduct a full and swift investigation into the recent terrorist attacks in the region, including the most deadly recent bombing of a Shia mosque in Tuz Khurmatu, and to bring those responsible to justice;

| 7. | Calls on the government of Iraq and the regional government of Kurdistan to take immediate steps to de-escalate the territorial dispute in the Nineveh plain, to recognise the multicultural, multiethnic and multireligious diversity of the province, and to allow its citizens to freely choose their identity, including their language, religion and culture; |
| --- | --- |

7.

Calls on the government of Iraq and the regional government of Kurdistan to take immediate steps to de-escalate the territorial dispute in the Nineveh plain, to recognise the multicultural, multiethnic and multireligious diversity of the province, and to allow its citizens to freely choose their identity, including their language, religion and culture;

| 8. | Calls on the political forces represented in the Iraqi Council of Representatives to engage in a genuine, inclusive national dialogue with the aim of ensuring effective democratic governance of Iraq and respect for the individual and collective rights of all Iraqi citizens; urges the Iraqi government to undertake a national census that has been postponed indefinitely, in order to ascertain the size of the Turkmen and other minority populations; |
| --- | --- |

8.

Calls on the political forces represented in the Iraqi Council of Representatives to engage in a genuine, inclusive national dialogue with the aim of ensuring effective democratic governance of Iraq and respect for the individual and collective rights of all Iraqi citizens; urges the Iraqi government to undertake a national census that has been postponed indefinitely, in order to ascertain the size of the Turkmen and other minority populations;

| 9. | Calls on the Iraqi government and on all political leaders to take the necessary measures to provide security and protection for all Iraqi citizens in general and members of vulnerable ethnic and religious minorities in particular; calls on the government to instruct the security forces to show restraint in maintaining law and order, in keeping with the rule of law and international standards; |
| --- | --- |

9.

Calls on the Iraqi government and on all political leaders to take the necessary measures to provide security and protection for all Iraqi citizens in general and members of vulnerable ethnic and religious minorities in particular; calls on the government to instruct the security forces to show restraint in maintaining law and order, in keeping with the rule of law and international standards;

| 10. | Welcomes, in this context, the recent launch of a reorganisation and rehabilitation programme for detention centres and prisons under the authority of the Iraqi Ministry of Justice, and hopes that this will help stop the endemic use of torture and the widespread impunity in Iraq, deplored by human rights organisations; |
| --- | --- |

10.

Welcomes, in this context, the recent launch of a reorganisation and rehabilitation programme for detention centres and prisons under the authority of the Iraqi Ministry of Justice, and hopes that this will help stop the endemic use of torture and the widespread impunity in Iraq, deplored by human rights organisations;

| 11. | Deeply regrets the high execution rate in Iraq, with death sentences often being imposed after unfair trials and on the basis of confessions obtained under duress; urgently appeals to the Iraqi government to declare a moratorium on all executions, with a view to abolishing the death penalty in the near future; |
| --- | --- |

11.

Deeply regrets the high execution rate in Iraq, with death sentences often being imposed after unfair trials and on the basis of confessions obtained under duress; urgently appeals to the Iraqi government to declare a moratorium on all executions, with a view to abolishing the death penalty in the near future;

| 12. | Emphasises the need to ensure that action coordinated between the Iraqi authorities and international aid organisations is taken with a view to assisting vulnerable groups and creating adequate conditions to ensure their safety and dignity, in particular through initiatives that promote dialogue and mutual respect among all the religious and ethnic communities in Iraq; |
| --- | --- |

12.

Emphasises the need to ensure that action coordinated between the Iraqi authorities and international aid organisations is taken with a view to assisting vulnerable groups and creating adequate conditions to ensure their safety and dignity, in particular through initiatives that promote dialogue and mutual respect among all the religious and ethnic communities in Iraq;

| 13. | Stresses the importance of giving sufficient prominence in EUJUST LEX initiatives — where possible — to Turkmen rights and minority rights in general, and applauds the successes achieved by the EUJUST LEX mission and its implementation in Iraq; |
| --- | --- |

13.

Stresses the importance of giving sufficient prominence in EUJUST LEX initiatives — where possible — to Turkmen rights and minority rights in general, and applauds the successes achieved by the EUJUST LEX mission and its implementation in Iraq;

| 14. | Insists that the Cooperation Council established by the Partnership and Cooperation Agreement between the EU and Iraq be used as a channel to convey to the Iraqi side the concerns over the situation of ethnic and religious minorities in the country; |
| --- | --- |

14.

Insists that the Cooperation Council established by the Partnership and Cooperation Agreement between the EU and Iraq be used as a channel to convey to the Iraqi side the concerns over the situation of ethnic and religious minorities in the country;

| 15. | Calls on the international community and the EU to support the Iraqi government in organising peaceful, free and fair regional elections in April 2013; |
| --- | --- |

15.

Calls on the international community and the EU to support the Iraqi government in organising peaceful, free and fair regional elections in April 2013;

| 16. | 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 EU Special Representative for Human Rights, the governments and parliaments of the Member States, the Government and Council of Representatives of Iraq, the Regional Government of Kurdistan, the Secretary-General of the United Nations and the United Nations Human Rights Council. |
| --- | --- |

16.

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 EU Special Representative for Human Rights, the governments and parliaments of the Member States, the Government and Council of Representatives of Iraq, the Regional Government of Kurdistan, the Secretary-General of the United Nations and the United Nations Human Rights Council.

---

(1)  OJ C 293 E, 2.12.2006, p. 322.

(2)  OJ C 99 E, 3.4.2012, p. 115.

(3)  Texts adopted, P7_TA(2013)0022.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/150 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/150

---

P7_TA(2013)0102

Case of Arafat Jaradat and situation of Palestinian prisoners in Israeli jails

European Parliament resolution of 14 March 2013 on the case of Arafat Jaradat and the situation of Palestinian prisoners in Israeli jails (2013/2563(RSP))

(2016/C 036/25)

The European Parliament,

| — | having regard to its previous resolutions, in particular those of 4 September 2008 on the situation of Palestinian prisoners in Israeli jails (1) and of 5 July 2012 on EU policy on the West Bank and East Jerusalem (2), |
| --- | --- |

—

having regard to its previous resolutions, in particular those of 4 September 2008 on the situation of Palestinian prisoners in Israeli jails (1) and of 5 July 2012 on EU policy on the West Bank and East Jerusalem (2),

| — | having regard to the statement of 16 February 2013 by the spokesperson of High Representative Catherine Ashton on the condition of Palestinian hunger strikers in Israel, |
| --- | --- |

—

having regard to the statement of 16 February 2013 by the spokesperson of High Representative Catherine Ashton on the condition of Palestinian hunger strikers in Israel,

| — | having regard to the Local EU Statement of 8 May 2012 on Palestinian prisoners on hunger strike, |
| --- | --- |

—

having regard to the Local EU Statement of 8 May 2012 on Palestinian prisoners on hunger strike,

| — | having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (EU-Israel Association Agreement), and in particular Article 2 thereof concerning human rights, |
| --- | --- |

—

having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (EU-Israel Association Agreement), and in particular Article 2 thereof concerning human rights,

| — | 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 Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 1949, |
| --- | --- |

—

having regard to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 1949,

| — | having regard to the UN International Covenant on Civil and Political Rights of 1966, |
| --- | --- |

—

having regard to the UN International Covenant on Civil and Political Rights of 1966,

| — | having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women of 1979, |
| --- | --- |

—

having regard to the UN Convention on the Elimination of All Forms of Discrimination against Women of 1979,

| — | having regard to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984, |
| --- | --- |

—

having regard to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984,

| — | having regard to the UN Convention on the Rights of the Child of 1989, |
| --- | --- |

—

having regard to the UN Convention on the Rights of the Child of 1989,

| — | having regard to relevant UN resolutions on the Middle East conflict, |
| --- | --- |

—

having regard to relevant UN resolutions on the Middle East conflict,

| — | having regard to the statements by the UN Secretary-General Ban Ki-moon of 19 February 2013 expressing his concern over the conditions of Palestinian prisoners on hunger strike in Israel, by the UN High Commissioner for Human Rights, Navi Pillay, of 13 February 2013 on Palestinian detainees, and by the UN Special Rapporteur for human rights in the Occupied Palestinian Territories, Richard Falk, of 27 February 2013 on the death of Palestinian prisoner Arafat Jaradat, |
| --- | --- |

—

having regard to the statements by the UN Secretary-General Ban Ki-moon of 19 February 2013 expressing his concern over the conditions of Palestinian prisoners on hunger strike in Israel, by the UN High Commissioner for Human Rights, Navi Pillay, of 13 February 2013 on Palestinian detainees, and by the UN Special Rapporteur for human rights in the Occupied Palestinian Territories, Richard Falk, of 27 February 2013 on the death of Palestinian prisoner Arafat Jaradat,

| — | having regard to UNICEF’s February 2013 report entitled ‘Children in Israeli Military Detention: Observations and Recommendations’, |
| --- | --- |

—

having regard to UNICEF’s February 2013 report entitled ‘Children in Israeli Military Detention: Observations and Recommendations’,

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas on 18 February 2013 Arafat Jaradat was arrested on suspicion of throwing stones at Israeli targets, and whereas he died on 23 February 2013 in Megiddo prison; whereas the cause of his death is disputed; whereas the Israeli authorities maintain that he died of a heart attack, and whereas the haemorrhages and fractured ribs found during the autopsy are characteristic of the resuscitation attempts that were performed by the prison service; whereas, on the basis of this autopsy, the Palestinian authorities maintain that he died as a result of torture; |
| --- | --- |

A.

whereas on 18 February 2013 Arafat Jaradat was arrested on suspicion of throwing stones at Israeli targets, and whereas he died on 23 February 2013 in Megiddo prison; whereas the cause of his death is disputed; whereas the Israeli authorities maintain that he died of a heart attack, and whereas the haemorrhages and fractured ribs found during the autopsy are characteristic of the resuscitation attempts that were performed by the prison service; whereas, on the basis of this autopsy, the Palestinian authorities maintain that he died as a result of torture;

| B. | whereas almost all of the 4 500 Palestinian prisoners held in Israel took part in a hunger strike, refusing food in protest against Mr Jaradat’s death; whereas there have been clashes in the streets of the West Bank in recent days as Palestinians denounced the conditions of Palestinian prisoners in Israeli jails; |
| --- | --- |

B.

whereas almost all of the 4 500 Palestinian prisoners held in Israel took part in a hunger strike, refusing food in protest against Mr Jaradat’s death; whereas there have been clashes in the streets of the West Bank in recent days as Palestinians denounced the conditions of Palestinian prisoners in Israeli jails;

| C. | whereas the issue of Palestinian prisoners and detainees has far-reaching political, social and humanitarian implications; whereas Palestinian political prisoners and former detainees play a prominent role in Palestinian society; whereas more than 4 800 Palestinian prisoners and detainees, including many women and children, more than 100 pre-Oslo prisoners and 15 members of the Palestinian Legislative Council (PLC), are being detained by Israel; whereas 178 of them are being held in administrative detention, including 9 PLC members; whereas, according to a statement made by Palestinian and Israeli human rights organisations in March 2013, at least 71 Palestinian prisoners are reported to have died as a direct result of torture in Israeli detention centres since 1967; |
| --- | --- |

C.

whereas the issue of Palestinian prisoners and detainees has far-reaching political, social and humanitarian implications; whereas Palestinian political prisoners and former detainees play a prominent role in Palestinian society; whereas more than 4 800 Palestinian prisoners and detainees, including many women and children, more than 100 pre-Oslo prisoners and 15 members of the Palestinian Legislative Council (PLC), are being detained by Israel; whereas 178 of them are being held in administrative detention, including 9 PLC members; whereas, according to a statement made by Palestinian and Israeli human rights organisations in March 2013, at least 71 Palestinian prisoners are reported to have died as a direct result of torture in Israeli detention centres since 1967;

| D. | whereas the vast majority of Palestinian prisoners from the West Bank and Gaza are being held in prisons situated inside Israeli territory; whereas for the vast majority of them it is often impossible or very difficult to exercise their right to receive visits from their families; |
| --- | --- |

D.

whereas the vast majority of Palestinian prisoners from the West Bank and Gaza are being held in prisons situated inside Israeli territory; whereas for the vast majority of them it is often impossible or very difficult to exercise their right to receive visits from their families;

| E. | whereas Israeli military administrative detention orders allow detention without charge or trial on the basis of evidence that is not accessible to either the detainees or their lawyers, and whereas such orders may be of up to six months’ duration and may be renewed indefinitely; whereas the Supreme Court of Israel recently criticised the military courts and the Military Advocate General’s Corps for their actions in extending administrative detention orders; |
| --- | --- |

E.

whereas Israeli military administrative detention orders allow detention without charge or trial on the basis of evidence that is not accessible to either the detainees or their lawyers, and whereas such orders may be of up to six months’ duration and may be renewed indefinitely; whereas the Supreme Court of Israel recently criticised the military courts and the Military Advocate General’s Corps for their actions in extending administrative detention orders;

| F. | whereas Palestinian political prisoners have gone on repeated hunger strikes involving hundreds of prisoners at a time; whereas several Palestinian detainees continue to be on extended hunger strike; |
| --- | --- |

F.

whereas Palestinian political prisoners have gone on repeated hunger strikes involving hundreds of prisoners at a time; whereas several Palestinian detainees continue to be on extended hunger strike;

| G. | whereas women prisoners are a particularly vulnerable group of Palestinian detainees; |
| --- | --- |

G.

whereas women prisoners are a particularly vulnerable group of Palestinian detainees;

| H. | whereas it is estimated that 700 Palestinian children are arrested by Israeli security forces in the West Bank every year; whereas, according to a February 2013 UNICEF review of practices in respect of Palestinian children who come into contact with the Israeli military detention system, the ill-treatment of these children appears to be widespread and systematic; |
| --- | --- |

H.

whereas it is estimated that 700 Palestinian children are arrested by Israeli security forces in the West Bank every year; whereas, according to a February 2013 UNICEF review of practices in respect of Palestinian children who come into contact with the Israeli military detention system, the ill-treatment of these children appears to be widespread and systematic;

| I. | whereas relations between the EU and Israel, under Article 2 of the Association Agreement, are based on respect for human rights and democratic principles, which constitute an essential element of that agreement; whereas the EU-Israel Action Plan stresses that respect for human rights and for international humanitarian law is among the values shared by the parties; |
| --- | --- |

I.

whereas relations between the EU and Israel, under Article 2 of the Association Agreement, are based on respect for human rights and democratic principles, which constitute an essential element of that agreement; whereas the EU-Israel Action Plan stresses that respect for human rights and for international humanitarian law is among the values shared by the parties;

| 1. | Expresses its deepest concern at the death of Palestinian prisoner Arafat Jaradat on 23 February 2013 while in Israeli custody, and extends its condolences to his family; |
| --- | --- |

1.

Expresses its deepest concern at the death of Palestinian prisoner Arafat Jaradat on 23 February 2013 while in Israeli custody, and extends its condolences to his family;

| 2. | Is deeply concerned by the renewed tensions in the West Bank following Mr Jaradat’s death in Megiddo prison under disputed circumstances; calls on all parties to exercise maximum restraint and to refrain from provocative actions in order to prevent further violence, and to take positive steps to establish the truth and defuse the current tensions; |
| --- | --- |

2.

Is deeply concerned by the renewed tensions in the West Bank following Mr Jaradat’s death in Megiddo prison under disputed circumstances; calls on all parties to exercise maximum restraint and to refrain from provocative actions in order to prevent further violence, and to take positive steps to establish the truth and defuse the current tensions;

| 3. | Calls on the Israeli authorities promptly to open independent, impartial and transparent investigations into the circumstances of Mr Jaradat’s death and into all allegations of torture and other cruel, inhuman or degrading treatment or punishment of Palestinian prisoners; |
| --- | --- |

3.

Calls on the Israeli authorities promptly to open independent, impartial and transparent investigations into the circumstances of Mr Jaradat’s death and into all allegations of torture and other cruel, inhuman or degrading treatment or punishment of Palestinian prisoners;

| 4. | Reiterates its support for Israel’s legitimate security concerns; believes, however, that the rule of law must be fully respected in the treatment of all prisoners, this being crucial for a democratic country; calls, therefore, on the Israeli Government to respect the rights of Palestinian prisoners and to protect their health and lives; |
| --- | --- |

4.

Reiterates its support for Israel’s legitimate security concerns; believes, however, that the rule of law must be fully respected in the treatment of all prisoners, this being crucial for a democratic country; calls, therefore, on the Israeli Government to respect the rights of Palestinian prisoners and to protect their health and lives;

| 5. | Is concerned about the Palestinian detainees held in administrative detention without charge; stresses that these detainees should be charged and face trial, with judicial guarantees in accordance with international standards, or be promptly released; |
| --- | --- |

5.

Is concerned about the Palestinian detainees held in administrative detention without charge; stresses that these detainees should be charged and face trial, with judicial guarantees in accordance with international standards, or be promptly released;

| 6. | Insists on the immediate implementation of the prisoners’ right to family visits and calls on the Israeli authorities to create the necessary conditions for this right to be exercised; |
| --- | --- |

6.

Insists on the immediate implementation of the prisoners’ right to family visits and calls on the Israeli authorities to create the necessary conditions for this right to be exercised;

| 7. | Expresses deep concern about the situation and health condition of Palestinian detainees on extended hunger strike; express its support for the efforts of the International Committee of the Red Cross to save the lives of prisoners/detainees who are in a critical condition and urges Israel to provide all hunger strikers with unrestricted access to adequate medical care; |
| --- | --- |

7.

Expresses deep concern about the situation and health condition of Palestinian detainees on extended hunger strike; express its support for the efforts of the International Committee of the Red Cross to save the lives of prisoners/detainees who are in a critical condition and urges Israel to provide all hunger strikers with unrestricted access to adequate medical care;

| 8. | Calls once again for the immediate release of all imprisoned members of the PLC, including Marwan Barghouti; |
| --- | --- |

8.

Calls once again for the immediate release of all imprisoned members of the PLC, including Marwan Barghouti;

| 9. | Calls on the Israeli authorities to make sure that Palestinian women and children prisoners and detainees receive appropriate protection and treatment in line with the relevant international conventions to which Israel is a party; |
| --- | --- |

9.

Calls on the Israeli authorities to make sure that Palestinian women and children prisoners and detainees receive appropriate protection and treatment in line with the relevant international conventions to which Israel is a party;

| 10. | Calls on the European External Action Service and the Member States to monitor closely the fate of Palestinian prisoners and detainees, including women and children, and to raise this issue at all levels of political dialogue with Israel; insists that this matter should be included in the forthcoming European Neighbourhood Policy progress report on Israel; |
| --- | --- |

10.

Calls on the European External Action Service and the Member States to monitor closely the fate of Palestinian prisoners and detainees, including women and children, and to raise this issue at all levels of political dialogue with Israel; insists that this matter should be included in the forthcoming European Neighbourhood Policy progress report on Israel;

| 11. | Calls for a fact-finding mission by Parliament to assess the current situation with regard to the detention conditions of Palestinian prisoners, including women and children, and the use of administrative detention; |
| --- | --- |

11.

Calls for a fact-finding mission by Parliament to assess the current situation with regard to the detention conditions of Palestinian prisoners, including women and children, and the use of administrative detention;

| 12. | Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs, the Council, the Commission, the Israeli Government, the Knesset, the President of the Palestinian Authority, the Palestinian Legislative Council, the governments and parliaments of the Member States, the UN Secretary-General, the Quartet Envoy to the Middle East, the President of the Euro-Mediterranean Parliamentary Assembly, the UN High Commissioner for Human Rights and the International Committee of the Red Cross. |
| --- | --- |

12.

Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs, the Council, the Commission, the Israeli Government, the Knesset, the President of the Palestinian Authority, the Palestinian Legislative Council, the governments and parliaments of the Member States, the UN Secretary-General, the Quartet Envoy to the Middle East, the President of the Euro-Mediterranean Parliamentary Assembly, the UN High Commissioner for Human Rights and the International Committee of the Red Cross.

---

(1)  OJ C 295 E, 4.12.2009, p. 47.

(2)  Texts adopted, P7_TA(2012)0298.

---

III Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 12 March 2013

| 29.1.2016 | EN | Official Journal of the European Union | C 36/153 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/153

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P7_TA(2013)0061

Trans-European energy infrastructure: guidelines ***I

European Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC (COM(2011)0658 — C7-0371/2011 — 2011/0300(COD))

(Ordinary legislative procedure: first reading)

(2016/C 036/26)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0658), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0658),

| — | 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 (C7-0371/2011), |
| --- | --- |

—

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 (C7-0371/2011),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 22 February 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 22 February 2012 (1),

| — | having regard to the opinion of the Committee of the Regions of 19 July 2012 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 19 July 2012 (2),

| — | having regard to the undertaking given by the Council representative by letter of 5 December 2012 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 5 December 2012 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 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Economic and Monetary Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on the Internal Market and Consumer Protection, the Committee on Transport and Tourism and the Committee on Regional Development (A7-0036/2013), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Economic and Monetary Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on the Internal Market and Consumer Protection, the Committee on Transport and Tourism and the Committee on Regional Development (A7-0036/2013),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 143, 22.5.2012, p. 125.

(2)  OJ C 277, 13.9.2012, p. 137.

---

P7_TC1-COD(2011)0300

Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 347/2013.)

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/154 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/154

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P7_TA(2013)0063

Accounting rules and action plans on greenhouse gas emissions and removals resulting from activities related to land use ***I

European Parliament legislative resolution of 12 March 2013 on the proposal for a decision of the European Parliament and of the Council on accounting rules and action plans on greenhouse gas emissions and removals resulting from activities related to land use, land use change and forestry (COM(2012)0093 — C7-0074/2012 — 2012/0042(COD))

(Ordinary legislative procedure: first reading)

(2016/C 036/27)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0093), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0093),

| — | 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 (C7-0074/2012), |
| --- | --- |

—

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 (C7-0074/2012),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 19 September 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 19 September 2012 (1),

| — | after consulting the Committee of the Regions, |
| --- | --- |

—

after consulting the Committee of the Regions,

| — | having regard to the undertaking given by the Council representative by letter of 21 December 2012 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 21 December 2012 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 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 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 (A7-0317/2012), |
| --- | --- |

—

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 (A7-0317/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 351, 15.11.2012, p. 85.

---

P7_TC1-COD(2012)0042

Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Decision No .../2013/EU of the European Parliament and of the Council on accounting rules on greenhouse gas emissions and removals resulting from activities relating to land use, land-use change and forestry and on information concerning actions relating to those activities

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 529/2013/EU.)

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/155 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/155

---

P7_TA(2013)0064

Mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change ***I

European Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change (COM(2011)0789 — C7-0433/2011 — 2011/0372(COD))

(Ordinary legislative procedure: first reading)

(2016/C 036/28)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0789), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0789),

| — | 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 (C7-0433/2011), |
| --- | --- |

—

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 (C7-0433/2011),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 28 March 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 28 March 2012 (1),

| — | having regard to the opinion of the Committee of the Regions of 19 July 2012 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 19 July 2012 (2),

| — | having regard to the undertaking given by the Council representative by letter of 21 December 2012 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 21 December 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Development and the Committee on Industry, Research and Energy (A7-0191/2012), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Development and the Committee on Industry, Research and Energy (A7-0191/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 181, 21.6.2012, p. 169.

(2)  OJ C 277, 13.9.2012, p. 51.

---

P7_TC1-COD(2011)0372

Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 525/2013.)

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/156 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/156

---

P7_TA(2013)0065

Online consumer dispute resolution ***I

European Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on online dispute resolution for consumer disputes (Regulation on consumer ODR) (COM(2011)0794 — C7-0453/2011– 2011/0374(COD))

(Ordinary legislative procedure: first reading)

(2016/C 036/29)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0794), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0794),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0453/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0453/2011),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Netherlands Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Netherlands Senate, 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 28 March 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 28 March 2012 (1),

| — | having regard to the undertaking given by the Council representative by letter of 12 December 2012 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 12 December 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Legal Affairs (A7-0236/2012), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Legal Affairs (A7-0236/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 181, 21.6.2012, p. 99.

---

P7_TC1-COD(2011)0374

Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 524/2013.)

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/157 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/157

---

P7_TA(2013)0066

Alternative consumer dispute resolution ***I

European Parliament legislative resolution of 12 March 2013 on the proposal for a directive of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (COM(2011)0793 — C7-0454/2011– 2011/0373(COD))

(Ordinary legislative procedure: first reading)

(2016/C 036/30)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0793), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0793),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0454/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0454/2011),

| — | 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 Netherlands Senate and by the German Bundesrat, 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 Netherlands Senate and by the German Bundesrat, 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 28 March 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 28 March 2012 (1),

| — | having regard to the undertaking given by the Council representative by letter of 12 December 2012 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 12 December 2012 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 55 and 37 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 and 37 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 Legal Affairs (A7-0280/2012), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Legal Affairs (A7-0280/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 181, 21.6.2012, p. 93.

---

P7_TC1-COD(2011)0373

Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2013/11/EU.)

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/158 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/158

---

P7_TA(2013)0067

Association of the overseas countries and territories with the European Union *

European Parliament legislative resolution of 12 March 2013 on the proposal for a Council decision on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’) (COM(2012)0362 — C7-0285/2012 — 2012/0195(CNS))

(Special legislative procedure — consultation)

(2016/C 036/31)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2012)0362), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2012)0362),

| — | having regard to Article 203 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0285/2012), |
| --- | --- |

—

having regard to Article 203 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0285/2012),

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Development and the opinions of the Committee on Employment and Social Affairs and the Committee on Fisheries (A7-0052/2013), |
| --- | --- |

—

having regard to the report of the Committee on Development and the opinions of the Committee on Employment and Social Affairs and the Committee on Fisheries (A7-0052/2013),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

| 5. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

5.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a decision

Recital 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a) | Given the importance assumed by the Overseas Countries and Territories of the European Union Association as an effective liaison body for the OCTs as a group in their dialogue with the Commission and Union Member States, that association should be recognised as an actor of cooperation whose purpose is to uphold the common interests of the OCTs belonging to it. |

Text proposed by the Commission

Amendment

(5a)

Given the importance assumed by the Overseas Countries and Territories of the European Union Association as an effective liaison body for the OCTs as a group in their dialogue with the Commission and Union Member States, that association should be recognised as an actor of cooperation whose purpose is to uphold the common interests of the OCTs belonging to it.

Amendment 2

Proposal for a decision

Recital 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| (6) | The contribution of civil society to OCT development can be enhanced by strengthening civil society organisations in all spheres of cooperation. |

Text proposed by the Commission

Amendment

(6)

The contribution of civil society to OCT development can be enhanced by strengthening civil society organisations in all spheres of cooperation.

| (6) | The contribution of civil society to OCT development can be enhanced by strengthening civil society organisations
  and giving them greater responsibility
  in all spheres of cooperation. |
| --- | --- |

(6)

The contribution of civil society to OCT development can be enhanced by strengthening civil society organisations
  and giving them greater responsibility
  in all spheres of cooperation.

Amendment 3

Proposal for a decision

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | The OCTs are host to wide terrestrial and marine biodiversity. Climate change can impact on OCTs' natural environment and constitutes a threat undermining their sustainable development. Actions in the fields of conservation of biodiversity and ecosystem services, disaster risk reduction, sustainable management of natural resources and promotion of sustainable energy
  will contribute to adaptation and mitigation
  of climate change in the
  OCTs
  . |

Text proposed by the Commission

Amendment

(10)

The OCTs are host to wide terrestrial and marine biodiversity. Climate change can impact on OCTs' natural environment and constitutes a threat undermining their sustainable development. Actions in the fields of conservation of biodiversity and ecosystem services, disaster risk reduction, sustainable management of natural resources and promotion of sustainable energy
  will contribute to adaptation and mitigation
  of climate change in the
  OCTs
  .

| (10) | The OCTs are host to wide terrestrial and marine biodiversity. Climate change can impact on OCTs' natural environment and constitutes a threat undermining their sustainable development. Actions in the fields of conservation of biodiversity and ecosystem services, disaster risk reduction, sustainable management of natural resources and promotion of sustainable energy
  can help the OCTs to adapt to and mitigate the impact
  of climate change
  . OCTs should also be able to participate
  in
  Union horizontal programmes, such as
  the
  Programme for the Environment and Climate Action (LIFE)
  . |
| --- | --- |

(10)

The OCTs are host to wide terrestrial and marine biodiversity. Climate change can impact on OCTs' natural environment and constitutes a threat undermining their sustainable development. Actions in the fields of conservation of biodiversity and ecosystem services, disaster risk reduction, sustainable management of natural resources and promotion of sustainable energy
  can help the OCTs to adapt to and mitigate the impact
  of climate change
  . OCTs should also be able to participate
  in
  Union horizontal programmes, such as
  the
  Programme for the Environment and Climate Action (LIFE)
  .

Amendment 4

Proposal for a decision

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | It is important to support the OCTs in their efforts in becoming less dependent on fossil fuels, with a view to reducing their vulnerability to fuels access and price volatility, thus making their economy more resilient and less vulnerable to external shocks. |

Text proposed by the Commission

Amendment

(12)

It is important to support the OCTs in their efforts in becoming less dependent on fossil fuels, with a view to reducing their vulnerability to fuels access and price volatility, thus making their economy more resilient and less vulnerable to external shocks.

| (12) | It is important to support the OCTs in their efforts in becoming less dependent on fossil fuels, with a view to reducing their vulnerability to fuels access and price volatility, thus making their economy more resilient and less vulnerable to external shocks
  , particularly in terms of jobs
  . |
| --- | --- |

(12)

It is important to support the OCTs in their efforts in becoming less dependent on fossil fuels, with a view to reducing their vulnerability to fuels access and price volatility, thus making their economy more resilient and less vulnerable to external shocks
  , particularly in terms of jobs
  .

Amendment 5

Proposal for a decision

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | The effects of the OCTs' remoteness constitute a
  barrier
  to their
  competitiveness
  and thus it is important to improve the accessibility of the OCTs. |

Text proposed by the Commission

Amendment

(14)

The effects of the OCTs' remoteness constitute a
  barrier
  to their
  competitiveness
  and thus it is important to improve the accessibility of the OCTs.

| (14) | The effects of the OCTs' remoteness constitute a
  challenge
  to their
  economic development
  and thus it is important to improve the accessibility of the OCTs. |
| --- | --- |

(14)

The effects of the OCTs' remoteness constitute a
  challenge
  to their
  economic development
  and thus it is important to improve the accessibility of the OCTs.

Amendment 6

Proposal for a decision

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | The Union and the OCTs recognise the importance of education as a lever for the OCTs' sustainable development. |

Text proposed by the Commission

Amendment

(15)

The Union and the OCTs recognise the importance of education as a lever for the OCTs' sustainable development.

| (15) | The Union and the OCTs recognise the importance of education
  and vocational training
  as a lever for the OCTs' sustainable development. |
| --- | --- |

(15)

The Union and the OCTs recognise the importance of education
  and vocational training
  as a lever for the OCTs' sustainable development.

Amendment 7

Proposal for a decision

Recital 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16a) | A crucial aim of cooperation should be improving working conditions, labour and trade union rights. An important role should be played in the process by trade unions and other workers' representatives. |

Text proposed by the Commission

Amendment

(16a)

A crucial aim of cooperation should be improving working conditions, labour and trade union rights. An important role should be played in the process by trade unions and other workers' representatives.

Amendment 8

Proposal for a decision

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | The incidence of communicable diseases in the OCTs, such as dengue in the Caribbean and the Pacific and Chikungunya in the Indian Ocean region, can have significant negative health and economic impacts. Beyond decreasing the productivity of affected populations, epidemics in OCTs are likely to heavily impact tourism, which is a mainstay of many OCTs’ economies. With large numbers of tourists and migrant workers travelling to OCTs, they are vulnerable to importation of infectious diseases. Inversely, the large flow of people travelling back from OCTs could be a vector of introduction of communicable diseases in Europe. Ensuring a ‘safe tourism’ is therefore a critical factor for the sustainability of the OCT economies that heavily rely on tourism. |

Text proposed by the Commission

Amendment

(17)

The incidence of communicable diseases in the OCTs, such as dengue in the Caribbean and the Pacific and Chikungunya in the Indian Ocean region, can have significant negative health and economic impacts. Beyond decreasing the productivity of affected populations, epidemics in OCTs are likely to heavily impact tourism, which is a mainstay of many OCTs’ economies. With large numbers of tourists and migrant workers travelling to OCTs, they are vulnerable to importation of infectious diseases. Inversely, the large flow of people travelling back from OCTs could be a vector of introduction of communicable diseases in Europe. Ensuring a ‘safe tourism’ is therefore a critical factor for the sustainability of the OCT economies that heavily rely on tourism.

| (17) | The incidence of communicable diseases in the OCTs, such as dengue in the Caribbean and the Pacific and Chikungunya in the Indian Ocean region, can have significant negative health and economic impacts. Beyond decreasing the productivity of affected populations, epidemics in OCTs are likely to heavily impact tourism, which is a mainstay of many OCTs’ economies. With large numbers of tourists and migrant workers travelling to OCTs, they are vulnerable to importation of infectious diseases.
  Easy and regular access to occupational medicine could reduce the scale of epidemics.
  Inversely, the large flow of people travelling back from OCTs could be a vector of introduction of communicable diseases in Europe. Ensuring a ‘safe tourism’ is therefore a critical factor for the sustainability of the OCT economies that heavily rely on tourism. |
| --- | --- |

(17)

The incidence of communicable diseases in the OCTs, such as dengue in the Caribbean and the Pacific and Chikungunya in the Indian Ocean region, can have significant negative health and economic impacts. Beyond decreasing the productivity of affected populations, epidemics in OCTs are likely to heavily impact tourism, which is a mainstay of many OCTs’ economies. With large numbers of tourists and migrant workers travelling to OCTs, they are vulnerable to importation of infectious diseases.
  Easy and regular access to occupational medicine could reduce the scale of epidemics.
  Inversely, the large flow of people travelling back from OCTs could be a vector of introduction of communicable diseases in Europe. Ensuring a ‘safe tourism’ is therefore a critical factor for the sustainability of the OCT economies that heavily rely on tourism.

Amendment 9

Proposal for a decision

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | The association between the Union and the OCTs
  shall
  take
  into
  account and contribute to the preservation of the cultural diversity and identity of OCTs. |

Text proposed by the Commission

Amendment

(18)

The association between the Union and the OCTs
  shall
  take
  into
  account and contribute to the preservation of the cultural diversity and identity of OCTs.

| (18) | The association between the Union and the OCTs
  should
  take
  due
  account
  of
  and contribute to the preservation of the cultural diversity and identity of OCTs.
  It should therefore take due account of, and contribute to protecting and upholding, the rights of the OCTs’ indigenous peoples. |
| --- | --- |

(18)

The association between the Union and the OCTs
  should
  take
  due
  account
  of
  and contribute to the preservation of the cultural diversity and identity of OCTs.
  It should therefore take due account of, and contribute to protecting and upholding, the rights of the OCTs’ indigenous peoples.

Amendment 10

Proposal for a decision

Recital 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| (19) | The Union recognises the importance to develop a more active partnership with the OCTs as regards to good governance and the fight against organised crime, trafficking in human beings, terrorism and corruption. |

Text proposed by the Commission

Amendment

(19)

The Union recognises the importance to develop a more active partnership with the OCTs as regards to good governance and the fight against organised crime, trafficking in human beings, terrorism and corruption.

| (19) | The Union recognises the importance to develop a more active partnership with the OCTs as regards to good
  economic, social and fiscal
  governance and the fight against organised crime, trafficking in human beings, terrorism and corruption. |
| --- | --- |

(19)

The Union recognises the importance to develop a more active partnership with the OCTs as regards to good
  economic, social and fiscal
  governance and the fight against organised crime, trafficking in human beings, terrorism and corruption.

Amendment 11

Proposal for a decision

Recital 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| (20) | Trade and trade-related cooperation between the Union and the OCTs should contribute to the objective of sustainable development in economic development, social development and environmental protection dimensions. |

Text proposed by the Commission

Amendment

(20)

Trade and trade-related cooperation between the Union and the OCTs should contribute to the objective of sustainable development in economic development, social development and environmental protection dimensions.

| (20) | Trade and trade-related cooperation between the Union and the OCTs should contribute
  as a matter of course
  to the objective of sustainable development in economic development, social development and environmental protection dimensions. |
| --- | --- |

(20)

Trade and trade-related cooperation between the Union and the OCTs should contribute
  as a matter of course
  to the objective of sustainable development in economic development, social development and environmental protection dimensions.

Amendment 12

Proposal for a decision

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | Global changes, reflected in the continuing process of trade liberalisation,
  broadly implicate
  the Union, the principal trading partner of the OCTs,
  their ACP
  neighbours
  and other economic partners
  . |

Text proposed by the Commission

Amendment

(21)

Global changes, reflected in the continuing process of trade liberalisation,
  broadly implicate
  the Union, the principal trading partner of the OCTs,
  their ACP
  neighbours
  and other economic partners
  .

| (21) | Global changes, reflected in the continuing process of trade liberalisation,
  which brings too few benefits to small island territories, make it necessary for
  the Union, the principal trading partner of the OCTs,
  to take better account of OCT interests in the trade agreements it concludes with the OCTs'
  neighbours.
  This implies a shared responsibility for including, as a matter of course, minimum social clauses in any negotiated partnership or trade agreement. |
| --- | --- |

(21)

Global changes, reflected in the continuing process of trade liberalisation,
  which brings too few benefits to small island territories, make it necessary for
  the Union, the principal trading partner of the OCTs,
  to take better account of OCT interests in the trade agreements it concludes with the OCTs'
  neighbours.
  This implies a shared responsibility for including, as a matter of course, minimum social clauses in any negotiated partnership or trade agreement.

Amendment 13

Proposal for a decision

Recital 21 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (21a) | As austerity policies have had detrimental effects on employment, there is a need for cooperation between OCTs and the Union to move away from those policies and advance ambitious programmes of public investment, which are the only way of ensuring decent living and working conditions for the majority of the population in both OCTs and the Union. |

Text proposed by the Commission

Amendment

(21a)

As austerity policies have had detrimental effects on employment, there is a need for cooperation between OCTs and the Union to move away from those policies and advance ambitious programmes of public investment, which are the only way of ensuring decent living and working conditions for the majority of the population in both OCTs and the Union.

Amendment 14

Proposal for a decision

Recital 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (22) | The OCTs are fragile island environments requiring adequate protection, including in respect of waste management. In respect of radioactive waste, Article 198 of the Euratom Treaty and the related secondary legislation provide for this, except with regard to Greenland, to which the Euratom Treaty does not apply. For other waste, it should be specified which Union rules are to apply in respect of the OCTs. |

Text proposed by the Commission

Amendment

(22)

The OCTs are fragile island environments requiring adequate protection, including in respect of waste management. In respect of radioactive waste, Article 198 of the Euratom Treaty and the related secondary legislation provide for this, except with regard to Greenland, to which the Euratom Treaty does not apply. For other waste, it should be specified which Union rules are to apply in respect of the OCTs.

| (22) | The OCTs are fragile island environments requiring adequate protection, including in respect of waste management
  and the containment of radioactive contamination
  . In respect of radioactive waste, Article 198 of the Euratom Treaty and the related secondary legislation provide for this, except with regard to Greenland, to which the Euratom Treaty does not apply. For other waste, it should be specified which Union rules are to apply in respect of the OCTs.
  Regarding radioactive contamination, particularly from nuclear testing it is necessary to specify which Union rules could apply to the OCTs, so as to provide lasting protection for biodiversity and populations from such forms of contamination. |
| --- | --- |

(22)

The OCTs are fragile island environments requiring adequate protection, including in respect of waste management
  and the containment of radioactive contamination
  . In respect of radioactive waste, Article 198 of the Euratom Treaty and the related secondary legislation provide for this, except with regard to Greenland, to which the Euratom Treaty does not apply. For other waste, it should be specified which Union rules are to apply in respect of the OCTs.
  Regarding radioactive contamination, particularly from nuclear testing it is necessary to specify which Union rules could apply to the OCTs, so as to provide lasting protection for biodiversity and populations from such forms of contamination.

Amendment 15

Proposal for a decision

Recital 26

| Text proposed by the Commission | Amendment |
| --- | --- |
| (26) | Taking into account the aims of integration and the developments of global trade in the area of services and establishment, it is necessary to support the development of services markets and investment possibilities by improving the market access of OCT services and investment to the Union market. In this regard the Union should offer to OCTs the best possible treatment offered to any other trading partner through comprehensive most favoured nation clauses, while ensuring more flexible possibilities for trade relations for OCTs by limiting the treatment offered by OCTs to the Union to what has been offered to other major trading economies. |

Text proposed by the Commission

Amendment

(26)

Taking into account the aims of integration and the developments of global trade in the area of services and establishment, it is necessary to support the development of services markets and investment possibilities by improving the market access of OCT services and investment to the Union market. In this regard the Union should offer to OCTs the best possible treatment offered to any other trading partner through comprehensive most favoured nation clauses, while ensuring more flexible possibilities for trade relations for OCTs by limiting the treatment offered by OCTs to the Union to what has been offered to other major trading economies.

| (26) | Taking into account the aims of integration and the developments of global trade in the area of services and establishment, it is necessary to support the development of services markets and investment possibilities by improving the market access of OCT services and investment to the Union market
  and facilitating their access to public procurement contracts.
  In this regard the Union should offer to OCTs the best possible treatment offered to any other trading partner through comprehensive most favoured nation clauses, while ensuring more flexible possibilities for trade relations for OCTs by limiting the treatment offered by OCTs to the Union to what has been offered to other major trading economies. |
| --- | --- |

(26)

Taking into account the aims of integration and the developments of global trade in the area of services and establishment, it is necessary to support the development of services markets and investment possibilities by improving the market access of OCT services and investment to the Union market
  and facilitating their access to public procurement contracts.
  In this regard the Union should offer to OCTs the best possible treatment offered to any other trading partner through comprehensive most favoured nation clauses, while ensuring more flexible possibilities for trade relations for OCTs by limiting the treatment offered by OCTs to the Union to what has been offered to other major trading economies.

Amendment 16

Proposal for a decision

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | Sanitary and phyto-sanitary measures and technical barriers to trade may have an impact on trade and require cooperation. Trade and trade-related cooperation also should address competition policies and intellectual property rights, which affect the equitable distribution of the gains of trade. |

Text proposed by the Commission

Amendment

(28)

Sanitary and phyto-sanitary measures and technical barriers to trade may have an impact on trade and require cooperation. Trade and trade-related cooperation also should address competition policies and intellectual property rights, which affect the equitable distribution of the gains of trade.

| (28) | Sanitary and phyto-sanitary measures and technical barriers to trade may have an impact on trade
  and on the employment situation
  and require cooperation. Trade and trade-related cooperation also should address
  employment policies, particularly those concerning young people,
  competition policies and intellectual property rights, which affect the equitable distribution of the gains of trade. |
| --- | --- |

(28)

Sanitary and phyto-sanitary measures and technical barriers to trade may have an impact on trade
  and on the employment situation
  and require cooperation. Trade and trade-related cooperation also should address
  employment policies, particularly those concerning young people,
  competition policies and intellectual property rights, which affect the equitable distribution of the gains of trade.

Amendment 17

Proposal for a decision

Recital 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| (29) | To ensure that OCTs may participate under the best conditions in the Union's internal market as well as regional, sub-regional and international markets, it is important to develop the capacity of OCTs in relevant areas. These include the development of human resources and their skills, the development of small and medium enterprises, the diversification of economic sectors and the implementation of an appropriate legal framework in order to achieve a business climate conducive to investment. |

Text proposed by the Commission

Amendment

(29)

To ensure that OCTs may participate under the best conditions in the Union's internal market as well as regional, sub-regional and international markets, it is important to develop the capacity of OCTs in relevant areas. These include the development of human resources and their skills, the development of small and medium enterprises, the diversification of economic sectors and the implementation of an appropriate legal framework in order to achieve a business climate conducive to investment.

| (29) | To ensure that OCTs may participate under the best conditions in the Union's internal market as well as regional, sub-regional and international markets, it is important to develop the capacity of OCTs in relevant areas. These include the development of human resources and their skills
  by: offering appropriate vocational and continuing training; facilitating
  the development of small and medium enterprises
  ; facilitating access to micro-funding instruments and loans;
  the diversification of economic sectors; and the implementation of an appropriate legal framework in order to achieve a business climate conducive to investment.
  To that end, combining EDF funds with programmes and instruments under the Union’s general budget for which OCTs are eligible would make it possible to leverage and rationalise proposed investments. |
| --- | --- |

(29)

To ensure that OCTs may participate under the best conditions in the Union's internal market as well as regional, sub-regional and international markets, it is important to develop the capacity of OCTs in relevant areas. These include the development of human resources and their skills
  by: offering appropriate vocational and continuing training; facilitating
  the development of small and medium enterprises
  ; facilitating access to micro-funding instruments and loans;
  the diversification of economic sectors; and the implementation of an appropriate legal framework in order to achieve a business climate conducive to investment.
  To that end, combining EDF funds with programmes and instruments under the Union’s general budget for which OCTs are eligible would make it possible to leverage and rationalise proposed investments.

Amendment 18

Proposal for a decision

Recital 30 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (30a) | OCTs can play a crucial role in the fight against tax havens. In this regard, the need to move towards genuine transparency of the financial sector should be underlined. |

Text proposed by the Commission

Amendment

(30a)

OCTs can play a crucial role in the fight against tax havens. In this regard, the need to move towards genuine transparency of the financial sector should be underlined.

Amendment 19

Proposal for a decision

Recital 33

| Text proposed by the Commission | Amendment |
| --- | --- |
| (33) | The procedures regarding financial assistance provided for in Articles 9 and 82 delegate the main responsibility for 11th EDF programming and implementing cooperation to the OCTs in particular. Cooperation will be conducted predominantly in conformity with OCT territorial regulations and will underpin support for the monitoring, evaluation and audit of the operations programmed. In addition, it is necessary to clarify that OCTs are eligible to different sources of funding provided for in Article 76. |

Text proposed by the Commission

Amendment

(33)

The procedures regarding financial assistance provided for in Articles 9 and 82 delegate the main responsibility for 11th EDF programming and implementing cooperation to the OCTs in particular. Cooperation will be conducted predominantly in conformity with OCT territorial regulations and will underpin support for the monitoring, evaluation and audit of the operations programmed. In addition, it is necessary to clarify that OCTs are eligible to different sources of funding provided for in Article 76.

| (33) | The procedures regarding financial assistance provided for in Articles 9 and 82 delegate the main responsibility for 11th EDF programming and implementing cooperation to the OCTs in particular. Cooperation will be conducted predominantly in conformity with OCT territorial regulations and will underpin support for the monitoring, evaluation and audit of the operations programmed. In addition, it is necessary to clarify that OCTs are eligible to different sources of funding provided for in Article 76
  and that the Commission has a duty to facilitate OCT access to horizontal programmes by means of an ‘OCT strategy’ such as that provided for under Article 88(2a)
  . |
| --- | --- |

(33)

The procedures regarding financial assistance provided for in Articles 9 and 82 delegate the main responsibility for 11th EDF programming and implementing cooperation to the OCTs in particular. Cooperation will be conducted predominantly in conformity with OCT territorial regulations and will underpin support for the monitoring, evaluation and audit of the operations programmed. In addition, it is necessary to clarify that OCTs are eligible to different sources of funding provided for in Article 76
  and that the Commission has a duty to facilitate OCT access to horizontal programmes by means of an ‘OCT strategy’ such as that provided for under Article 88(2a)
  .

Amendment 20

Proposal for a decision

Recital 34

| Text proposed by the Commission | Amendment |
| --- | --- |
| (34) | In order to adopt detailed rules for the preparation of the programming documents, their follow-up, audit, evaluation, review and implementation, as well as for reporting and financial corrections, 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 Part IV of this Decision. In order to take into account technological developments and changes in customs legislation, the power to adopt acts amending the Appendices to Annex VI, in accordance with Article 290 of the Treaty on the Functioning of the European Union, should also be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the Council. |

Text proposed by the Commission

Amendment

(34)

In order to adopt detailed rules for the preparation of the programming documents, their follow-up, audit, evaluation, review and implementation, as well as for reporting and financial corrections, 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 Part IV of this Decision. In order to take into account technological developments and changes in customs legislation, the power to adopt acts amending the Appendices to Annex VI, in accordance with Article 290 of the Treaty on the Functioning of the European Union, should also be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the Council.

| (34) | In order to adopt detailed rules for the preparation of the programming documents, their follow-up, audit, evaluation, review and implementation, as well as for reporting and financial corrections, 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 Part IV of this Decision.
  In order to adopt decisions concerning the granting of cumulation of origin between an OCT and a country with which the Union has concluded and is applying a free trade agreement, derogations from the registered exporters system and temporary derogations from the provisions of Annex VI, 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 Annex VI to this Decision
  . In order to take into account technological developments and changes in customs legislation, the power to adopt acts amending the Appendices to Annex VI in accordance with Article 290 of the Treaty on the Functioning of the European Union should also be delegated to the Commission.
  In order to adopt decisions concerning temporary withdrawal of preferential treatment, prior surveillance measures as provided for in Annex VII, and temporary and permanent safeguard measures as provided for in Annex VIII, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should also be delegated to the Commission in respect of Annexes VII and VIII to this Decision, respectively.
  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the
  European Parliament and to the
  Council. |
| --- | --- |

(34)

In order to adopt detailed rules for the preparation of the programming documents, their follow-up, audit, evaluation, review and implementation, as well as for reporting and financial corrections, 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 Part IV of this Decision.
  In order to adopt decisions concerning the granting of cumulation of origin between an OCT and a country with which the Union has concluded and is applying a free trade agreement, derogations from the registered exporters system and temporary derogations from the provisions of Annex VI, 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 Annex VI to this Decision
  . In order to take into account technological developments and changes in customs legislation, the power to adopt acts amending the Appendices to Annex VI in accordance with Article 290 of the Treaty on the Functioning of the European Union should also be delegated to the Commission.
  In order to adopt decisions concerning temporary withdrawal of preferential treatment, prior surveillance measures as provided for in Annex VII, and temporary and permanent safeguard measures as provided for in Annex VIII, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should also be delegated to the Commission in respect of Annexes VII and VIII to this Decision, respectively.
  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the
  European Parliament and to the
  Council.

Amendment 21

Proposal for a decision

Article 2 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  In order to ensure that those objectives are met, the identity and geographical position of each OCT shall be taken into account, together with its political, economic and social situation. |

Text proposed by the Commission

Amendment

2a.
     
  In order to ensure that those objectives are met, the identity and geographical position of each OCT shall be taken into account, together with its political, economic and social situation.

Amendment 22

Proposal for a decision

Article 5 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the promotion of green growth; |

Text proposed by the Commission

Amendment

(b)

the promotion of green growth;

| (b) | the promotion of green growth
  and green jobs in all green-growth industries
  ; |
| --- | --- |

(b)

the promotion of green growth
  and green jobs in all green-growth industries
  ;

Amendment 23

Proposal for a decision

Article 6 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   With an aim to strengthen the relations between themselves, the Union and the OCTs endeavour to make the association known among their citizens, in particular by promoting the development of the links and cooperation between the authorities, academic community, civil society and businesses of OCTs on the one hand and their interlocutors within the Union on the other. | 1.   With an aim to strengthen the relations between themselves, the Union and the OCTs endeavour to make the association
  and the shared benefits accruing from it
  known among their citizens, in particular by promoting the development of the links and cooperation between the authorities, academic community, civil society
  , the social partners
  and businesses of OCTs on the one hand and their interlocutors within the Union on the other.
  To this end, the Union shall ensure effective OCT participation in information and communication programmes, with particular reference to the ‘Europe Direct’ information centres, in order to bring Europe closer to its citizens in the OCTs. |

Text proposed by the Commission

Amendment

1.   With an aim to strengthen the relations between themselves, the Union and the OCTs endeavour to make the association known among their citizens, in particular by promoting the development of the links and cooperation between the authorities, academic community, civil society and businesses of OCTs on the one hand and their interlocutors within the Union on the other.

1.   With an aim to strengthen the relations between themselves, the Union and the OCTs endeavour to make the association
  and the shared benefits accruing from it
  known among their citizens, in particular by promoting the development of the links and cooperation between the authorities, academic community, civil society
  , the social partners
  and businesses of OCTs on the one hand and their interlocutors within the Union on the other.
  To this end, the Union shall ensure effective OCT participation in information and communication programmes, with particular reference to the ‘Europe Direct’ information centres, in order to bring Europe closer to its citizens in the OCTs.

Amendment 24

Proposal for a decision

Article 6 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The Commission shall ensure that partnerships with OCTs are promoted under all the Union programmes and instruments entered in the general budget of the Union referred to in Article 88. |

Text proposed by the Commission

Amendment

2a.
     
  The Commission shall ensure that partnerships with OCTs are promoted under all the Union programmes and instruments entered in the general budget of the Union referred to in Article 88.

Amendment 25

Proposal for a decision

Article 7 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The association aims at supporting cooperation between the OCTs and other partners in the areas of cooperation set out in Parts Two and Three of this Decision. In that respect, the objective of the association is to promote the cooperation between the OCTs and the outermost regions, referred to in Article 349 of the Treaty, their neighbouring African, Caribbean and Pacific (ACP) and non-ACP States. In order to achieve that objective, the Union shall improve coordination and synergies between cooperation programmes supported by different EU financial instruments. | 3.   The association aims at supporting cooperation between the OCTs and other partners in the areas of cooperation set out in Parts Two and Three of this Decision. In that respect, the objective of the association is to promote the cooperation between the OCTs and the outermost regions, referred to in Article 349 of the Treaty, their neighbouring African, Caribbean and Pacific (ACP) and non-ACP States. In order to achieve that objective, the Union shall improve coordination and synergies between cooperation programmes supported by different EU financial instruments, including the territorial cooperation programmes implemented under the Union’s cohesion policy. The Union shall also involve the OCTs in its political dialogue with OCT neighbours, and shall inform them of the agendas and resolutions or recommendations of the ACP-EU Joint Parliamentary Assembly.

  Member States and the Commission shall support any request by OCT authorities to participate as observers at the plenary sessions of the ACP-EU Joint Parliamentary Assembly, subject to the Assembly's own rules of procedure
  . |

Text proposed by the Commission

Amendment

3.   The association aims at supporting cooperation between the OCTs and other partners in the areas of cooperation set out in Parts Two and Three of this Decision. In that respect, the objective of the association is to promote the cooperation between the OCTs and the outermost regions, referred to in Article 349 of the Treaty, their neighbouring African, Caribbean and Pacific (ACP) and non-ACP States. In order to achieve that objective, the Union shall improve coordination and synergies between cooperation programmes supported by different EU financial instruments.

3.   The association aims at supporting cooperation between the OCTs and other partners in the areas of cooperation set out in Parts Two and Three of this Decision. In that respect, the objective of the association is to promote the cooperation between the OCTs and the outermost regions, referred to in Article 349 of the Treaty, their neighbouring African, Caribbean and Pacific (ACP) and non-ACP States. In order to achieve that objective, the Union shall improve coordination and synergies between cooperation programmes supported by different EU financial instruments, including the territorial cooperation programmes implemented under the Union’s cohesion policy. The Union shall also involve the OCTs in its political dialogue with OCT neighbours, and shall inform them of the agendas and resolutions or recommendations of the ACP-EU Joint Parliamentary Assembly.

  Member States and the Commission shall support any request by OCT authorities to participate as observers at the plenary sessions of the ACP-EU Joint Parliamentary Assembly, subject to the Assembly's own rules of procedure
  .

Amendment 26

Proposal for a decision

Article 7 — paragraph 4 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | OCT participation in the development of regional markets within the context of regional integration organisations; |

Text proposed by the Commission

Amendment

(d)

OCT participation in the development of regional markets within the context of regional integration organisations;

| (d) | OCT participation in the development of
  regional organisations and
  regional markets within the context of regional integration organisations; |
| --- | --- |

(d)

OCT participation in the development of
  regional organisations and
  regional markets within the context of regional integration organisations;

Amendment 27

Proposal for a decision

Article 9 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The OCTs shall organise, where appropriate, a dialogue and consultations with authorities and bodies such as: | 2.   The OCTs shall organise, where appropriate, a dialogue and consultations with authorities
  , members of parliament
  and bodies such as: |

Text proposed by the Commission

Amendment

2.   The OCTs shall organise, where appropriate, a dialogue and consultations with authorities and bodies such as:

2.   The OCTs shall organise, where appropriate, a dialogue and consultations with authorities
  , members of parliament
  and bodies such as:

Amendment 28

Proposal for a decision

Article 9 — paragraph 2 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | members of parliament representing OCTs at national and Union level; |

Text proposed by the Commission

Amendment

(aa)

members of parliament representing OCTs at national and Union level;

Amendment 29

Proposal for a decision

Article 9 — paragraph 2 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | OCT organisations, for example the Overseas Countries and Territories Association (OCTA); |

Text proposed by the Commission

Amendment

(ca)

OCT organisations, for example the Overseas Countries and Territories Association (OCTA);

Amendment 30

Proposal for a decision

Article 10 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | members of parliament representing OCTs at national and Union level; |

Text proposed by the Commission

Amendment

(ba)

members of parliament representing OCTs at national and Union level;

Amendment 31

Proposal for a decision

Article 12 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (4a)
     
  The dialogue shall enable OCTs to obtain information on the various regional horizontal programmes and EDF regional projects that are under way, so that they have an opportunity to take part in them. |

Text proposed by the Commission

Amendment

(4a)
     
  The dialogue shall enable OCTs to obtain information on the various regional horizontal programmes and EDF regional projects that are under way, so that they have an opportunity to take part in them.

Amendment 32

Proposal for a decision

Article 13 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | an OCT-EU forum for dialogue (the OCT-EU Forum), shall meet annually to bring together OCT authorities, representatives of the Member States and the Commission. Members of the European Parliament
  , representatives
  of the EIB, and representatives of the outermost regions shall be associated with the OCT-EU Forum, where appropriate; |

Text proposed by the Commission

Amendment

(a)

an OCT-EU forum for dialogue (the OCT-EU Forum), shall meet annually to bring together OCT authorities, representatives of the Member States and the Commission. Members of the European Parliament
  , representatives
  of the EIB, and representatives of the outermost regions shall be associated with the OCT-EU Forum, where appropriate;

| (a) | an OCT-EU forum for dialogue (the OCT-EU Forum), shall meet annually to bring together OCT authorities,
  members of parliament representing OCTs,
  representatives of the Member States and the Commission. Members of the European Parliament
  shall be associated with it. Representatives
  of the EIB, and representatives of the outermost regions
  , neighbouring ACP and non-ACP States
  shall be associated with the OCT-EU Forum, where appropriate; |
| --- | --- |

(a)

an OCT-EU forum for dialogue (the OCT-EU Forum), shall meet annually to bring together OCT authorities,
  members of parliament representing OCTs,
  representatives of the Member States and the Commission. Members of the European Parliament
  shall be associated with it. Representatives
  of the EIB, and representatives of the outermost regions
  , neighbouring ACP and non-ACP States
  shall be associated with the OCT-EU Forum, where appropriate;

Amendment 33

Proposal for a decision

Article 13 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | on a regular basis, the Commission, the OCTs and the Member States to which they are linked shall hold trilateral consultations. These consultations shall be organised
  as a rule
  four times a year on the initiative of the Commission or at the request of
  the
  OCTs and of the Member States to which they are linked. |

Text proposed by the Commission

Amendment

(b)

on a regular basis, the Commission, the OCTs and the Member States to which they are linked shall hold trilateral consultations. These consultations shall be organised
  as a rule
  four times a year on the initiative of the Commission or at the request of
  the
  OCTs and of the Member States to which they are linked.

| (b) | on a regular basis, the Commission, the OCTs and the Member States to which they are linked shall hold trilateral consultations. These consultations shall be organised
  at least
  four times a year
  and whenever necessary
  on the initiative of the Commission or at the request of
  one or more
  OCTs and of the Member States to which they are linked; |
| --- | --- |

(b)

on a regular basis, the Commission, the OCTs and the Member States to which they are linked shall hold trilateral consultations. These consultations shall be organised
  at least
  four times a year
  and whenever necessary
  on the initiative of the Commission or at the request of
  one or more
  OCTs and of the Member States to which they are linked;

Amendment 34

Proposal for a decision

Article 15 — paragraph 1 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | aid to SMEs engaged in sustainable economic activities, particularly in the research, farming, crafts and tourism sectors, which draw on the resources of local ecosystems; |

Text proposed by the Commission

Amendment

(ca)

aid to SMEs engaged in sustainable economic activities, particularly in the research, farming, crafts and tourism sectors, which draw on the resources of local ecosystems;

Amendment 35

Proposal for a decision

Article 17 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | conciliation of economic and social activities such as fisheries and aquaculture, tourism, maritime transports with the potential of marine and coastal zones in terms of renewable energy, raw materials, whilst taking into account impacts of climate change and human activities. |

Text proposed by the Commission

Amendment

(b)

conciliation of economic and social activities such as fisheries and aquaculture, tourism, maritime transports with the potential of marine and coastal zones in terms of renewable energy, raw materials, whilst taking into account impacts of climate change and human activities.

| (b) | conciliation of economic and social activities such as fisheries and aquaculture,
  agriculture,
  tourism, maritime
  and air
  transports
  , industry, mining activities and regional planning
  with the potential of marine and coastal zones in terms of renewable energy, raw materials, whilst taking into account impacts of climate change and
  land pollution from
  human
  and animal
  activities. |
| --- | --- |

(b)

conciliation of economic and social activities such as fisheries and aquaculture,
  agriculture,
  tourism, maritime
  and air
  transports
  , industry, mining activities and regional planning
  with the potential of marine and coastal zones in terms of renewable energy, raw materials, whilst taking into account impacts of climate change and
  land pollution from
  human
  and animal
  activities.

Amendment 36

Proposal for a decision

Article 19 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | without prejudice to existing or future
  bilateral
  fisheries partnership agreements
  between
  the Union
  and the OCTs
  , the Union and the OCTs shall aim to regularly consult each other on the conservation and management of the living marine resources and to exchange information on the ongoing state of resources within the context of the relevant instances of the association provided for in Article 13. |

Text proposed by the Commission

Amendment

(c)

without prejudice to existing or future
  bilateral
  fisheries partnership agreements
  between
  the Union
  and the OCTs
  , the Union and the OCTs shall aim to regularly consult each other on the conservation and management of the living marine resources and to exchange information on the ongoing state of resources within the context of the relevant instances of the association provided for in Article 13.

| (c) | without prejudice to existing or future fisheries partnership agreements
  concluded by
  the Union, the Union and the OCTs shall aim to regularly consult each other on the conservation and management of the living marine resources and to exchange information on the ongoing state of resources within the context of the relevant instances of the association provided for in Article 13. |
| --- | --- |

(c)

without prejudice to existing or future fisheries partnership agreements
  concluded by
  the Union, the Union and the OCTs shall aim to regularly consult each other on the conservation and management of the living marine resources and to exchange information on the ongoing state of resources within the context of the relevant instances of the association provided for in Article 13.

Amendment 37

Draft decision

Article 19 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | dialogue and cooperation regarding the conservation of fish stocks including measures to fight illegal, unreported and unregulated fishing and effectively cooperating with and within regional fisheries management organisations. Dialogue and cooperation shall include control and inspection schemes, incentives and obligations for a more effective management of fisheries and coastal environments in the long term. |

Text proposed by the Commission

Amendment

(b)

dialogue and cooperation regarding the conservation of fish stocks including measures to fight illegal, unreported and unregulated fishing and effectively cooperating with and within regional fisheries management organisations. Dialogue and cooperation shall include control and inspection schemes, incentives and obligations for a more effective management of fisheries and coastal environments in the long term.

| (b) | dialogue and cooperation regarding the conservation of fish stocks including measures to fight illegal, unreported and unregulated fishing and effectively cooperating with and within regional fisheries management organisations. Dialogue and cooperation shall include control and inspection schemes, incentives and obligations for a more effective management of fisheries and coastal environments in the long term.
  Dialogue and cooperation shall be accompanied by an increase, on the part of the Commission, in efforts to promote sustainable fisheries management by supporting local systems of monitoring, and surveillance by means of partnership agreements with the OCTs associated with the Union. |
| --- | --- |

(b)

dialogue and cooperation regarding the conservation of fish stocks including measures to fight illegal, unreported and unregulated fishing and effectively cooperating with and within regional fisheries management organisations. Dialogue and cooperation shall include control and inspection schemes, incentives and obligations for a more effective management of fisheries and coastal environments in the long term.
  Dialogue and cooperation shall be accompanied by an increase, on the part of the Commission, in efforts to promote sustainable fisheries management by supporting local systems of monitoring, and surveillance by means of partnership agreements with the OCTs associated with the Union.

Amendment 38

Proposal for a decision

Article 20 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   In the field of water supply and sanitation sector, particular attention shall be given to access in under-served areas to drinking water supply and sanitation services, which contribute directly to human resources development by improving the state of health and increasing productivity. | 2.   In the field of water supply and sanitation sector, particular attention shall be given to access in under-served
  or natural disaster-prone
  areas to drinking water supply and sanitation services, which contribute directly to human resources development by improving the state of health and increasing productivity. |

Text proposed by the Commission

Amendment

2.   In the field of water supply and sanitation sector, particular attention shall be given to access in under-served areas to drinking water supply and sanitation services, which contribute directly to human resources development by improving the state of health and increasing productivity.

2.   In the field of water supply and sanitation sector, particular attention shall be given to access in under-served
  or natural disaster-prone
  areas to drinking water supply and sanitation services, which contribute directly to human resources development by improving the state of health and increasing productivity.

Amendment 39

Proposal for a decision

Article 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| In the context of the association, cooperation in the field of waste management may concern the promotion of the use of the best environmental practice in all operations related to waste management, including the reduction of waste, recycling or other processes for the extraction of secondary raw materials and the disposal of the waste. | In the context of the association, cooperation in the field of waste management may concern the promotion of the use of the best environmental practice in all operations related to
  human or animal
  waste management, including the reduction of waste, recycling or other processes for the extraction of secondary raw materials and the disposal of the waste. |

Text proposed by the Commission

Amendment

In the context of the association, cooperation in the field of waste management may concern the promotion of the use of the best environmental practice in all operations related to waste management, including the reduction of waste, recycling or other processes for the extraction of secondary raw materials and the disposal of the waste.

In the context of the association, cooperation in the field of waste management may concern the promotion of the use of the best environmental practice in all operations related to
  human or animal
  waste management, including the reduction of waste, recycling or other processes for the extraction of secondary raw materials and the disposal of the waste.

Amendment 40

Proposal for a decision

Article 25 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | transport by road, rail, air, sea or inland waterway; |

Text proposed by the Commission

Amendment

(b)

transport by road, rail, air, sea or inland waterway;

| (b) | public
  and
  other sustainable modes of
  transport by road
  and transport by
  rail, air, sea or inland waterway; |
| --- | --- |

(b)

public
  and
  other sustainable modes of
  transport by road
  and transport by
  rail, air, sea or inland waterway;

Amendment 41

Proposal for a decision

Article 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| In the context of the association, cooperation in the field of information and communication technology (ICT) services aims at spurring, in the OCTs, innovation, economic growth and improvements in daily life for both citizens and businesses, including the promotion of accessibility for persons with disabilities. Cooperation shall, in particular, be directed at enhancing OCTs' regulatory capacity and may support the expansion of ICT networks and services through the following measures: | In the context of the association, cooperation in the field of information and communication technology (ICT) services aims at spurring, in the OCTs, innovation, economic growth
  , cooperation, freedom of expression, creation of new jobs
  and improvements in daily life for both citizens and businesses, including the promotion of accessibility for persons with disabilities. Cooperation shall, in particular, be directed at enhancing OCTs' regulatory capacity and may support the expansion of ICT networks and services through the following measures: |
| (a) | creation of a predictable regulatory environment that keeps pace with technological developments, stimulates growth and innovation and fosters competition and consumer protection; |

Text proposed by the Commission

Amendment

In the context of the association, cooperation in the field of information and communication technology (ICT) services aims at spurring, in the OCTs, innovation, economic growth and improvements in daily life for both citizens and businesses, including the promotion of accessibility for persons with disabilities. Cooperation shall, in particular, be directed at enhancing OCTs' regulatory capacity and may support the expansion of ICT networks and services through the following measures:

In the context of the association, cooperation in the field of information and communication technology (ICT) services aims at spurring, in the OCTs, innovation, economic growth
  , cooperation, freedom of expression, creation of new jobs
  and improvements in daily life for both citizens and businesses, including the promotion of accessibility for persons with disabilities. Cooperation shall, in particular, be directed at enhancing OCTs' regulatory capacity and may support the expansion of ICT networks and services through the following measures:

(a)

creation of a predictable regulatory environment that keeps pace with technological developments, stimulates growth and innovation and fosters competition and consumer protection;

| (a) | creation of a predictable regulatory environment that keeps pace with technological developments, stimulates growth and innovation and fosters competition and consumer protection; |
| --- | --- |

(a)

creation of a predictable regulatory environment that keeps pace with technological developments, stimulates growth and innovation and fosters competition and consumer protection;

| (b) | dialogue on the various policy aspects regarding the promotion and monitoring of the information society; |
| --- | --- |

(b)

dialogue on the various policy aspects regarding the promotion and monitoring of the information society;

| (b) | dialogue on the various policy aspects regarding the promotion and monitoring of the information society; |
| --- | --- |

(b)

dialogue on the various policy aspects regarding the promotion and monitoring of the information society;

| (c) | exchange of information on standards and interoperability issues; |
| --- | --- |

(c)

exchange of information on standards and interoperability issues;

| (c) | exchange of information on standards and interoperability issues; |
| --- | --- |

(c)

exchange of information on standards and interoperability issues;

| (d) | promotion of cooperation in the field of ICT research and in the field of ICT-based research infrastructures; |
| --- | --- |

(d)

promotion of cooperation in the field of ICT research and in the field of ICT-based research infrastructures;

| (d) | promotion of cooperation in the field of ICT research and in the field of ICT-based research infrastructures; |
| --- | --- |

(d)

promotion of cooperation in the field of ICT research and in the field of ICT-based research infrastructures;

| (e) | development of services and applications in domains of high societal impact. |
| --- | --- |

(e)

development of services and applications in domains of high societal impact.

| (e) | development of services and applications in domains of high societal impact
  such as education and vocational training
  . |
| --- | --- |

(e)

development of services and applications in domains of high societal impact
  such as education and vocational training
  .

Amendment 42

Proposal for a decision

Article 30 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| In the context of the association, cooperation in the field of research and innovation may cover science, technology, including information and communication technologies, with the aim to contribute to the OCTs' sustainable development and to promote excellence and
  industrial
  competitiveness within OCTs. In particular, cooperation may concern: | In the context of the association, cooperation in the field of research and innovation may cover science,
  education,
  technology, including information and communication technologies, with the aim to contribute to the OCTs' sustainable development and to promote excellence and
  the
  competitiveness
  of businesses, in particular SMEs,
  within OCTs. In particular, cooperation may concern: |

Text proposed by the Commission

Amendment

In the context of the association, cooperation in the field of research and innovation may cover science, technology, including information and communication technologies, with the aim to contribute to the OCTs' sustainable development and to promote excellence and
  industrial
  competitiveness within OCTs. In particular, cooperation may concern:

In the context of the association, cooperation in the field of research and innovation may cover science,
  education,
  technology, including information and communication technologies, with the aim to contribute to the OCTs' sustainable development and to promote excellence and
  the
  competitiveness
  of businesses, in particular SMEs,
  within OCTs. In particular, cooperation may concern:

Amendment 43

Proposal for a decision

Article 30 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | policy and institutional building within OCTs and concerted actions at local, national or regional level, with a view to developing science, technology and innovation activities and their application; |

Text proposed by the Commission

Amendment

(b)

policy and institutional building within OCTs and concerted actions at local, national or regional level, with a view to developing science, technology and innovation activities and their application;

| (b) | policy and institutional building within OCTs and concerted actions at local, national or regional level, with a view to developing science,
  education,
  technology and innovation activities and their application; |
| --- | --- |

(b)

policy and institutional building within OCTs and concerted actions at local, national or regional level, with a view to developing science,
  education,
  technology and innovation activities and their application;

Amendment 44

Proposal for a decision

Article 30 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | participation of individual OCT researchers, research bodies and legal entities from OCTs in the framework for cooperation related to research and innovation programmes
  within the Union
  ; |

Text proposed by the Commission

Amendment

(d)

participation of individual OCT researchers, research bodies and legal entities from OCTs in the framework for cooperation related to research and innovation programmes
  within the Union
  ;

| (d) | participation of individual OCT researchers, research bodies
  , SMEs
  and legal entities from OCTs in the framework for cooperation related to
  Union
  research and innovation programmes
  and the competitiveness of undertakings, especially SMEs
  ; |
| --- | --- |

(d)

participation of individual OCT researchers, research bodies
  , SMEs
  and legal entities from OCTs in the framework for cooperation related to
  Union
  research and innovation programmes
  and the competitiveness of undertakings, especially SMEs
  ;

Amendment 45

Proposal for a decision

Article 30 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | training and international mobility of OCT researchers and
  exchange
  . |

Text proposed by the Commission

Amendment

(e)

training and international mobility of OCT researchers and
  exchange
  .

| (e) | training and international mobility of OCT researchers
  and students
  and
  exchanges of researchers and students
  . |
| --- | --- |

(e)

training and international mobility of OCT researchers
  and students
  and
  exchanges of researchers and students
  .

Amendment 46

Proposal for a decision

Article 31 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Union shall ensure that natural persons from OCTs, as defined in Article 49,
  can
  participate in initiatives of the Union concerning youth on the same basis as nationals of Member States. | 1.   The Union shall ensure that natural persons from OCTs, as defined in Article 49, participate in
  the
  initiatives
  and programmes
  of the Union concerning youth on the same basis as nationals of Member States. |

Text proposed by the Commission

Amendment

1.   The Union shall ensure that natural persons from OCTs, as defined in Article 49,
  can
  participate in initiatives of the Union concerning youth on the same basis as nationals of Member States.

1.   The Union shall ensure that natural persons from OCTs, as defined in Article 49, participate in
  the
  initiatives
  and programmes
  of the Union concerning youth on the same basis as nationals of Member States.

Amendment 47

Proposal for a decision

Article 31 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The association aims at strengthening the ties between young people living in the OCTs and the Union, among others by promoting
  learning
  mobility of OCT youth and by fostering mutual understanding between young people. | 2.   The association aims at strengthening the ties between young people living in the OCTs and the Union, among others by promoting
  educational and initial, vocational or continuing training, learning exchanges and
  mobility of OCT youth and by fostering
  intercultural learning and
  mutual understanding between young people. |

Text proposed by the Commission

Amendment

2.   The association aims at strengthening the ties between young people living in the OCTs and the Union, among others by promoting
  learning
  mobility of OCT youth and by fostering mutual understanding between young people.

2.   The association aims at strengthening the ties between young people living in the OCTs and the Union, among others by promoting
  educational and initial, vocational or continuing training, learning exchanges and
  mobility of OCT youth and by fostering
  intercultural learning and
  mutual understanding between young people.

Amendment 48

Proposal for a decision

Article 31 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The Union and OCTs shall cooperate in order to ensure that young people are actively engaged on the labour market in order to avoid youth unemployment. |

Text proposed by the Commission

Amendment

2a.
     
  The Union and OCTs shall cooperate in order to ensure that young people are actively engaged on the labour market in order to avoid youth unemployment.

Amendment 49

Proposal for a decision

Article 32 — paragraph 1 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | the provision of work experience opportunities to enable students to develop useful skills for the labour market; |

Text proposed by the Commission

Amendment

(aa)

the provision of work experience opportunities to enable students to develop useful skills for the labour market;

Amendment 50

Proposal for a decision

Article 32 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the support to the OCTs in defining and implementing education policies. |

Text proposed by the Commission

Amendment

(b)

the support to the OCTs in defining and implementing education policies.

| (b) | the support to the OCTs in defining and implementing education
  and formal and informal vocational training
  policies; |
| --- | --- |

(b)

the support to the OCTs in defining and implementing education
  and formal and informal vocational training
  policies;

Amendment 51

Proposal for a decision

Article 32 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Union shall ensure that natural persons from the OCTs, as defined in Article 49,
  can
  participate in education initiatives of the Union
  on the same basis as nationals of Member States
  . | 2.   The Union shall ensure that natural persons from the OCTs, as defined in Article 49, participate in education
  and professional training
  initiatives of the Union
  , in particular the Erasmus for All programme
  . |

Text proposed by the Commission

Amendment

2.   The Union shall ensure that natural persons from the OCTs, as defined in Article 49,
  can
  participate in education initiatives of the Union
  on the same basis as nationals of Member States
  .

2.   The Union shall ensure that natural persons from the OCTs, as defined in Article 49, participate in education
  and professional training
  initiatives of the Union
  , in particular the Erasmus for All programme
  .

Amendment 52

Proposal for a decision

Article 32 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Union shall ensure that educational bodies and institutes from OCTs can take part in education related cooperation initiatives of the Union on the same basis as the educational bodies and institutes of the Member States. | 3.   The Union shall ensure that educational
  and vocational training
  bodies and institutes from OCTs can take part in education
  and professional training
  related cooperation initiatives of the Union on the same basis as the educational
  and vocational training
  bodies and institutes of the Member States. |

Text proposed by the Commission

Amendment

3.   The Union shall ensure that educational bodies and institutes from OCTs can take part in education related cooperation initiatives of the Union on the same basis as the educational bodies and institutes of the Member States.

3.   The Union shall ensure that educational
  and vocational training
  bodies and institutes from OCTs can take part in education
  and professional training
  related cooperation initiatives of the Union on the same basis as the educational
  and vocational training
  bodies and institutes of the Member States.

Amendment 53

Proposal for a decision

Article 33 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Union and the OCTs shall maintain dialogue in the area of employment and social policy in order to contribute to the economic and social development of the OCTs and the promotion of decent work in the OCTs and regions where they are located. Such a dialogue shall also aim at supporting the efforts of the OCTs' authorities to develop policies and legislation in this area. | 1.   The Union and the OCTs shall maintain dialogue in the area of employment and social policy in order to contribute to the economic and social development of the OCTs and the promotion of decent work
  and social inclusion in a green economy
  in the OCTs and regions where they are located. Such a dialogue shall also aim at supporting the efforts of the OCTs' authorities to develop policies and legislation in this area. |

Text proposed by the Commission

Amendment

1.   The Union and the OCTs shall maintain dialogue in the area of employment and social policy in order to contribute to the economic and social development of the OCTs and the promotion of decent work in the OCTs and regions where they are located. Such a dialogue shall also aim at supporting the efforts of the OCTs' authorities to develop policies and legislation in this area.

1.   The Union and the OCTs shall maintain dialogue in the area of employment and social policy in order to contribute to the economic and social development of the OCTs and the promotion of decent work
  and social inclusion in a green economy
  in the OCTs and regions where they are located. Such a dialogue shall also aim at supporting the efforts of the OCTs' authorities to develop policies and legislation in this area.

Amendment 54

Proposal for a decision

Article 33 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The dialogue shall mainly consist of exchange of information and best practices relating to policies and legislation in the area of employment and social policy that are of mutual interest to the Union and the OCTs. In this regard, areas such as skills development, social protection, social dialogue, equal opportunities, non-discrimination and accessibility for persons with disabilities, health and safety at work and other labour standards shall be taken into consideration. | 2.   The dialogue shall mainly consist of exchange of information and best practices relating to policies and legislation in the area of employment and social policy that are of mutual interest to the Union and the OCTs.
  Job creation, particularly in SMEs, shall be boosted by promoting ambitious social standards. The dialogue shall encourage all innovative measures which protect the environment and the health of workers and citizens, aimed at enabling job creation in areas where OCTs have an asset such as biodiversity, mineral resources and new technology, as well as in areas related to improving accessibility.
  In this regard, areas such as
  anticipating future skills requirements,
  skills development,
  the training of a qualified workforce to meet labour market needs,
  social protection, social dialogue, equal opportunities, non-discrimination and accessibility for persons with disabilities, health and safety at work and other labour standards shall be taken into consideration. |

Text proposed by the Commission

Amendment

2.   The dialogue shall mainly consist of exchange of information and best practices relating to policies and legislation in the area of employment and social policy that are of mutual interest to the Union and the OCTs. In this regard, areas such as skills development, social protection, social dialogue, equal opportunities, non-discrimination and accessibility for persons with disabilities, health and safety at work and other labour standards shall be taken into consideration.

2.   The dialogue shall mainly consist of exchange of information and best practices relating to policies and legislation in the area of employment and social policy that are of mutual interest to the Union and the OCTs.
  Job creation, particularly in SMEs, shall be boosted by promoting ambitious social standards. The dialogue shall encourage all innovative measures which protect the environment and the health of workers and citizens, aimed at enabling job creation in areas where OCTs have an asset such as biodiversity, mineral resources and new technology, as well as in areas related to improving accessibility.
  In this regard, areas such as
  anticipating future skills requirements,
  skills development,
  the training of a qualified workforce to meet labour market needs,
  social protection, social dialogue, equal opportunities, non-discrimination and accessibility for persons with disabilities, health and safety at work and other labour standards shall be taken into consideration.

Amendment 55

Proposal for a decision

Article 33 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The Union and the OCTs shall cooperate in order to exchange best practices for active labour market policies, a strong social dialogue, labour standards and social protection in order to safeguard the rights of workers. |

Text proposed by the Commission

Amendment

2a.
     
  The Union and the OCTs shall cooperate in order to exchange best practices for active labour market policies, a strong social dialogue, labour standards and social protection in order to safeguard the rights of workers.

Amendment 56

Proposal for a decision

Article 33 — paragraph 2 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2b.
     
  The Union and OCTs shall cooperate in order to provide a good balance between security and flexibility in the labour market through comprehensive implementation of flexicurity principles, and to address labour market segmentation, by providing both adequate social protection coverage for people in periods of transition, or on temporary or part-time employment contracts, and access to training, career development and full-time work opportunities. |

Text proposed by the Commission

Amendment

2b.
     
  The Union and OCTs shall cooperate in order to provide a good balance between security and flexibility in the labour market through comprehensive implementation of flexicurity principles, and to address labour market segmentation, by providing both adequate social protection coverage for people in periods of transition, or on temporary or part-time employment contracts, and access to training, career development and full-time work opportunities.

Amendment 57

Proposal for a decision

Article 33 — paragraph 2 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2c.
     
  Depopulation, including the ‘brain drain’ and emigration of young persons for work, is a challenge for many OCTs and for this reason the Union and OCTs shall cooperate to protect the rights of migrant workers on the labour market. |

Text proposed by the Commission

Amendment

2c.
     
  Depopulation, including the ‘brain drain’ and emigration of young persons for work, is a challenge for many OCTs and for this reason the Union and OCTs shall cooperate to protect the rights of migrant workers on the labour market.

Amendment 58

Proposal for a decision

Article 33 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 33a |
| | Free movement of workers |
| | 1.
     
  Without prejudice to provisions governing public health, public safety and public order, the Member States of the Union shall not discriminate in any way against workers from OCTs as regards employment, pay and working conditions. |
| | 2.
     
  OCT authorities shall afford workers from Member States treatment that is no less favourable than that which they extend to nationals of third countries and shall not discriminate between nationals of Member States. Notwithstanding this, the authorities of an OCT may, with a view to promoting local employment, adopt regulations to aid local workers. In that event, the OCT authorities shall notify the Commission of the regulations they adopt, in order to enable it inform the Member States. |
| | 3.
     
  This Article shall not apply to jobs in the civil service. |

Text proposed by the Commission

Amendment

Article 33a

Free movement of workers

1.
     
  Without prejudice to provisions governing public health, public safety and public order, the Member States of the Union shall not discriminate in any way against workers from OCTs as regards employment, pay and working conditions.

2.
     
  OCT authorities shall afford workers from Member States treatment that is no less favourable than that which they extend to nationals of third countries and shall not discriminate between nationals of Member States. Notwithstanding this, the authorities of an OCT may, with a view to promoting local employment, adopt regulations to aid local workers. In that event, the OCT authorities shall notify the Commission of the regulations they adopt, in order to enable it inform the Member States.

3.
     
  This Article shall not apply to jobs in the civil service.

Amendment 59

Proposal for a decision

Article 33 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 33b |
| | Social dialogue and development of social democracy |
| | In the context of the association, the promotion of social dialogue and the development of social democracy may be supported through measures including: |
| | — | actions to provide training for the social partners, |

Text proposed by the Commission

Amendment

Article 33b

Social dialogue and development of social democracy

In the context of the association, the promotion of social dialogue and the development of social democracy may be supported through measures including:

—

actions to provide training for the social partners,

| — | actions to permit communication and the creation of spaces devoted to promoting and developing social dialogue and social democracy, |
| --- | --- |

—

actions to permit communication and the creation of spaces devoted to promoting and developing social dialogue and social democracy,

| — | actions to enable the exchange of best social practices at regional and local level. |
| --- | --- |

—

actions to enable the exchange of best social practices at regional and local level.

Amendment 60

Proposal for a decision

Article 34 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | actions to strengthen preparedness and response capacity against cross-border health threats such as infectious diseases which should be built on existing structures and should target unusual events; |

Text proposed by the Commission

Amendment

(a)

actions to strengthen preparedness and response capacity against cross-border health threats such as infectious diseases which should be built on existing structures and should target unusual events;

| (a) | actions to strengthen preparedness and response capacity against cross-border health threats such as infectious diseases which should be built on existing structures
  and occupational medicine
  and should target unusual events; |
| --- | --- |

(a)

actions to strengthen preparedness and response capacity against cross-border health threats such as infectious diseases which should be built on existing structures
  and occupational medicine
  and should target unusual events;

Amendment 61

Proposal for a decision

Article 34 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | the Union and OCTs shall organise exchanges of best practice with a view to improving workplace effectiveness. It is important to ensure that all workers are covered by prevention policies and enjoy effective respect for their fundamental right to health; |

Text proposed by the Commission

Amendment

(aa)

the Union and OCTs shall organise exchanges of best practice with a view to improving workplace effectiveness. It is important to ensure that all workers are covered by prevention policies and enjoy effective respect for their fundamental right to health;

Amendment 62

Proposal for a decision

Article 34 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | capacity building through strengthening public health networks at regional level, facilitating exchange of information among experts and promoting adequate training; |

Text proposed by the Commission

Amendment

(b)

capacity building through strengthening public health networks at regional level, facilitating exchange of information among experts and promoting adequate training;

| (b) | capacity building through strengthening public health networks at regional level, facilitating exchange of information among experts and promoting adequate training
  and the introduction of telemedicine
  ; |
| --- | --- |

(b)

capacity building through strengthening public health networks at regional level, facilitating exchange of information among experts and promoting adequate training
  and the introduction of telemedicine
  ;

Amendment 63

Proposal for a decision

Article 34 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 34a |
| | Health and safety at work |
| | In the context of the association, cooperation in the field of health and safety at work shall aim to strengthen the OCTs’ capacity for preventing occupational diseases and work-related accidents through measures including: |
| | — | actions seeking to conduct studies and develop expertise on health and safety at work concerning risks specific to the territory in question, |

Text proposed by the Commission

Amendment

Article 34a

Health and safety at work

In the context of the association, cooperation in the field of health and safety at work shall aim to strengthen the OCTs’ capacity for preventing occupational diseases and work-related accidents through measures including:

—

actions seeking to conduct studies and develop expertise on health and safety at work concerning risks specific to the territory in question,

| — | assistance for the modernisation of regulations on health and safety at work, |
| --- | --- |

—

assistance for the modernisation of regulations on health and safety at work,

| — | support for actions to encourage prevention of work-related risks. |
| --- | --- |

—

support for actions to encourage prevention of work-related risks.

Amendment 64

Proposal for a decision

Article 38 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Protection of
  cultural heritage
  sites
  and historic monuments | Cultural heritage and historic monuments |

Text proposed by the Commission

Amendment

Protection of
  cultural heritage
  sites
  and historic monuments

Cultural heritage and historic monuments

Amendment 65

Proposal for a decision

Article 38 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| In the context of the association, cooperation in the field of cultural heritage sites and historic monuments aims at allowing the promotion of exchanges of expertise and best practices through: | In the context of the association, cooperation in the field of cultural heritage sites and historic monuments aims at allowing the promotion of exchanges of expertise and best practices
  and optimising the potential of such sites on a sustainable basis
  through: |

Text proposed by the Commission

Amendment

In the context of the association, cooperation in the field of cultural heritage sites and historic monuments aims at allowing the promotion of exchanges of expertise and best practices through:

In the context of the association, cooperation in the field of cultural heritage sites and historic monuments aims at allowing the promotion of exchanges of expertise and best practices
  and optimising the potential of such sites on a sustainable basis
  through:

Amendment 66

Proposal for a decision

Article 38 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Cooperation may also seek to enhance knowledge, conservation and the status of OCTs’ tangible and intangible cultural heritage. |

Text proposed by the Commission

Amendment

Cooperation may also seek to enhance knowledge, conservation and the status of OCTs’ tangible and intangible cultural heritage.

Amendment 67

Proposal for a decision

Article 44 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 44a |
| | Negotiation of trade agreements with third countries |
| | When negotiating a trade agreement with a third country, the Union shall strive to provide for the extension of the tariff preferences granted to Union products to products originating in OCTs. |

Text proposed by the Commission

Amendment

Article 44a

Negotiation of trade agreements with third countries

When negotiating a trade agreement with a third country, the Union shall strive to provide for the extension of the tariff preferences granted to Union products to products originating in OCTs.

Amendment 68

Proposal for a decision

Article 54 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Where trade agreements currently being negotiated with third countries risk endangering the traditional trade sectors characteristic of OCTs, the Commission shall carry out prior impact assessments of the potential consequences in accordance with the criteria defined by the International Labour Organisation and the UN. When completed, those prior impact assessments shall be forwarded by the Commission to the European Parliament, the Council and the governmental and local authorities of the OCTs before the conclusion of the international agreements in question. |

Text proposed by the Commission

Amendment

3a.
     
  Where trade agreements currently being negotiated with third countries risk endangering the traditional trade sectors characteristic of OCTs, the Commission shall carry out prior impact assessments of the potential consequences in accordance with the criteria defined by the International Labour Organisation and the UN. When completed, those prior impact assessments shall be forwarded by the Commission to the European Parliament, the Council and the governmental and local authorities of the OCTs before the conclusion of the international agreements in question.

Amendment 69

Proposal for a decision

Article 57 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | facilitating the removal of obstacles to trade or investment regarding goods and services of particular relevance for climate change mitigation, such as sustainable renewable energy and energy efficient products and services, including through the adoption of policy frameworks conducive to the deployment of best available technologies and through the promotion of standards that respond to environmental and economic needs and minimise technical obstacles to trade; |

Text proposed by the Commission

Amendment

(b)

facilitating the removal of obstacles to trade or investment regarding goods and services of particular relevance for climate change mitigation, such as sustainable renewable energy and energy efficient products and services, including through the adoption of policy frameworks conducive to the deployment of best available technologies and through the promotion of standards that respond to environmental and economic needs and minimise technical obstacles to trade;

| (b) | facilitating the removal of obstacles to trade or investment regarding goods and services of particular relevance for climate change mitigation, such as sustainable renewable energy and energy efficient products and services, including through the adoption of policy frameworks conducive to the deployment of best available technologies and through the promotion of standards that respond to environmental
  , social
  and economic needs and minimise technical obstacles to trade; |
| --- | --- |

(b)

facilitating the removal of obstacles to trade or investment regarding goods and services of particular relevance for climate change mitigation, such as sustainable renewable energy and energy efficient products and services, including through the adoption of policy frameworks conducive to the deployment of best available technologies and through the promotion of standards that respond to environmental
  , social
  and economic needs and minimise technical obstacles to trade;

Amendment 70

Proposal for a decision

Article 57 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | promoting trade in goods that contribute to social conditions and environmentally sound practices, including goods that are the subject of voluntary sustainability assurance schemes such as fair and ethical trade schemes, eco-labels, and certification schemes for natural resource-based products; |

Text proposed by the Commission

Amendment

(c)

promoting trade in goods that contribute to social conditions and environmentally sound practices, including goods that are the subject of voluntary sustainability assurance schemes such as fair and ethical trade schemes, eco-labels, and certification schemes for natural resource-based products;

| (c) | promoting trade in goods that contribute to social conditions and environmentally sound practices, including goods that are the subject of voluntary sustainability assurance schemes such as fair and ethical trade schemes, eco-labels,
  social labels
  and certification schemes for natural resource-based products; |
| --- | --- |

(c)

promoting trade in goods that contribute to social conditions and environmentally sound practices, including goods that are the subject of voluntary sustainability assurance schemes such as fair and ethical trade schemes, eco-labels,
  social labels
  and certification schemes for natural resource-based products;

Amendment 71

Proposal for a decision

Article 62

| Text proposed by the Commission | Amendment |
| --- | --- |
| In the context of the association, cooperation in the field of consumer policy, consumer health protection and trade may include the preparation of laws and regulations in the area of consumer policy and consumer health protection, with a view to avoiding unnecessary barriers to trade. | In the context of the association, cooperation in the field of consumer policy, consumer health protection and trade may include
  the option of temporary recognition of rules and procedures established in the OCTs as well as
  the preparation of laws and regulations in the area of consumer policy and consumer health protection, with a view to avoiding unnecessary barriers to trade. |

Text proposed by the Commission

Amendment

In the context of the association, cooperation in the field of consumer policy, consumer health protection and trade may include the preparation of laws and regulations in the area of consumer policy and consumer health protection, with a view to avoiding unnecessary barriers to trade.

In the context of the association, cooperation in the field of consumer policy, consumer health protection and trade may include
  the option of temporary recognition of rules and procedures established in the OCTs as well as
  the preparation of laws and regulations in the area of consumer policy and consumer health protection, with a view to avoiding unnecessary barriers to trade.

Amendment 72

Proposal for a decision

Article 68 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | strengthening the OCTs' capacities to define and implement policies necessary for the development of trade in goods and services; |

Text proposed by the Commission

Amendment

(a)

strengthening the OCTs' capacities to define and implement policies necessary for the development of trade in goods and services;

| (a) | strengthening the OCTs' capacities to define and implement policies necessary for the development of trade in goods and services
  , particularly by means of new information and communications technologies
  ; |
| --- | --- |

(a)

strengthening the OCTs' capacities to define and implement policies necessary for the development of trade in goods and services
  , particularly by means of new information and communications technologies
  ;

Amendment 73

Proposal for a decision

Article 68 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | encouraging the efforts of OCTs to put into place appropriate legal, regulatory and institutional frameworks as well as the necessary administrative procedures; |

Text proposed by the Commission

Amendment

(b)

encouraging the efforts of OCTs to put into place appropriate legal, regulatory and institutional frameworks as well as the necessary administrative procedures;

| (b) | encouraging the efforts of OCTs to put into place appropriate legal, regulatory and institutional frameworks as well as the necessary administrative procedures
  , particularly so as to help improve social standards and create a social climate favourable to growth
  ; |
| --- | --- |

(b)

encouraging the efforts of OCTs to put into place appropriate legal, regulatory and institutional frameworks as well as the necessary administrative procedures
  , particularly so as to help improve social standards and create a social climate favourable to growth
  ;

Amendment 74

Proposal for a decision

Article 68 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | facilitating market and product development, including product quality improvement; |

Text proposed by the Commission

Amendment

(d)

facilitating market and product development, including product quality improvement;

| (d) | facilitating market and product development
  and diversification
  , including product quality improvement; |
| --- | --- |

(d)

facilitating market and product development
  and diversification
  , including product quality improvement;

Amendment 75

Proposal for a decision

Article 68 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | contributing to the development of human resources and professional skills relevant to trade in goods and services; |

Text proposed by the Commission

Amendment

(e)

contributing to the development of human resources and professional skills relevant to trade in goods and services;

| (e) | contributing to the development of human resources and professional skills
  by offering adequate training courses
  relevant to trade in goods and services; |
| --- | --- |

(e)

contributing to the development of human resources and professional skills
  by offering adequate training courses
  relevant to trade in goods and services;

Amendment 76

Proposal for a decision

Article 68 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | enhancing the capacity of business intermediaries to provide OCT enterprises services pertinent to their exporting activities, such as market intelligence; |

Text proposed by the Commission

Amendment

(f)

enhancing the capacity of business intermediaries to provide OCT enterprises services pertinent to their exporting activities, such as market intelligence;

| (f) | enhancing the capacity of business intermediaries to provide OCT enterprises services pertinent to their exporting activities, such as market intelligence
  , through more effective use of new technology
  ; |
| --- | --- |

(f)

enhancing the capacity of business intermediaries to provide OCT enterprises services pertinent to their exporting activities, such as market intelligence
  , through more effective use of new technology
  ;

Amendment 77

Proposal for a decision

Article 79 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Union shall support the efforts of the OCTs in developing reliable statistical data regarding those areas. | 2.   The Union shall support the efforts of the OCTs in developing reliable statistical data regarding those areas.
  It shall also support the OCTs in their efforts to make their macroeconomic indicators more readily comparable, including through the calculation of purchasing power parities. |

Text proposed by the Commission

Amendment

2.   The Union shall support the efforts of the OCTs in developing reliable statistical data regarding those areas.

2.   The Union shall support the efforts of the OCTs in developing reliable statistical data regarding those areas.
  It shall also support the OCTs in their efforts to make their macroeconomic indicators more readily comparable, including through the calculation of purchasing power parities.

Amendment 78

Proposal for a decision

Article 80 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   On the initiative of the OCTs, studies or technical assistance measures may be financed in relation to the implementation of the activities scheduled
  in the programming documents
  . The Commission may decide to finance such action either from the programmable aid or from the envelope earmarked for technical cooperation measures. | 2.   On the initiative of the OCTs, studies or technical assistance measures may be financed in relation to the implementation of the activities scheduled
  under this Decision
  . The Commission may decide to finance such action either from the programmable aid or from the envelope earmarked for technical cooperation measures. |

Text proposed by the Commission

Amendment

2.   On the initiative of the OCTs, studies or technical assistance measures may be financed in relation to the implementation of the activities scheduled
  in the programming documents
  . The Commission may decide to finance such action either from the programmable aid or from the envelope earmarked for technical cooperation measures.

2.   On the initiative of the OCTs, studies or technical assistance measures may be financed in relation to the implementation of the activities scheduled
  under this Decision
  . The Commission may decide to finance such action either from the programmable aid or from the envelope earmarked for technical cooperation measures.

Amendment 79

Proposal for a decision

Article 80 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The Commission shall organise at least once a year, preferably in connection with the EU-OCT Forum, a technical meeting of regional authorising officers and authorising officers by delegation with a view to strengthening the institutionalised technical dialogue and streamlining the programming and implementation of funds; |

Text proposed by the Commission

Amendment

2a.
     
  The Commission shall organise at least once a year, preferably in connection with the EU-OCT Forum, a technical meeting of regional authorising officers and authorising officers by delegation with a view to strengthening the institutionalised technical dialogue and streamlining the programming and implementation of funds;

Amendment 80

Proposal for a decision

Article 82 — paragraph 4 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Commission shall ensure that the programming rules take account of the OCTs' limited human and administrative resources and their institutional ties with the Member State to which they are linked. |

Text proposed by the Commission

Amendment

The Commission shall ensure that the programming rules take account of the OCTs' limited human and administrative resources and their institutional ties with the Member State to which they are linked.

Amendment 81

Proposal for a decision

Article 82 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   The OCT authorities and the Commission shall be jointly responsible for approving the programming document. | 5.   The OCT authorities and the Commission shall be jointly responsible for approving the programming document.
  In this connection, the programming document shall be the subject of an exchange of views between the OCT, the Member State concerned and the Commission. As part of that exchange of views, technical meetings shall be held between the regional authorising officers and all representatives of the Commission and of the offices and delegations involved in the programming, if possible as an extension of the OCT-EU Forum dialogue. |

Text proposed by the Commission

Amendment

5.   The OCT authorities and the Commission shall be jointly responsible for approving the programming document.

5.   The OCT authorities and the Commission shall be jointly responsible for approving the programming document.
  In this connection, the programming document shall be the subject of an exchange of views between the OCT, the Member State concerned and the Commission. As part of that exchange of views, technical meetings shall be held between the regional authorising officers and all representatives of the Commission and of the offices and delegations involved in the programming, if possible as an extension of the OCT-EU Forum dialogue.

Amendment 82

Proposal for a decision

Article 83 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall implement OCT 11th EDF resources in any of the ways set out in the 11th EDF financial regulation and in accordance with the conditions set out in this Decision and in the measures implementing that Decision. To this end, it shall conclude financing agreements with the relevant authorities of the OCTs. | 1.   The Commission shall implement OCT 11th EDF resources in any of the ways set out in the 11th EDF financial regulation and in accordance with the conditions set out in this Decision and in the measures implementing that Decision. To this end, it shall conclude financing agreements with the relevant authorities of the OCTs
  and hold technical meetings with the regional authorising officers and all representatives of the Commission and of the offices and delegations involved in implementing programming arrangements, if possible as an extension of the OCT-EU Forum dialogue
  . |

Text proposed by the Commission

Amendment

1.   The Commission shall implement OCT 11th EDF resources in any of the ways set out in the 11th EDF financial regulation and in accordance with the conditions set out in this Decision and in the measures implementing that Decision. To this end, it shall conclude financing agreements with the relevant authorities of the OCTs.

1.   The Commission shall implement OCT 11th EDF resources in any of the ways set out in the 11th EDF financial regulation and in accordance with the conditions set out in this Decision and in the measures implementing that Decision. To this end, it shall conclude financing agreements with the relevant authorities of the OCTs
  and hold technical meetings with the regional authorising officers and all representatives of the Commission and of the offices and delegations involved in implementing programming arrangements, if possible as an extension of the OCT-EU Forum dialogue
  .

Amendment 83

Proposal for a decision

Article 84 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.   The Commission shall inform the Committee of the follow-up, evaluation and audit of Programming documents. | 8.   The Commission shall inform the Committee
  and the European Parliament simultaneously
  of the follow-up, evaluation and audit of Programming documents. |

Text proposed by the Commission

Amendment

8.   The Commission shall inform the Committee of the follow-up, evaluation and audit of Programming documents.

8.   The Commission shall inform the Committee
  and the European Parliament simultaneously
  of the follow-up, evaluation and audit of Programming documents.

Amendment 84

Proposal for a decision

Article 88 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   OCTs shall also
  be eligible for
  support under programmes of the Union for cooperation with other countries,
  notably developing countries,
  subject to the rules, objectives and arrangements of these programmes. | 2.   OCTs shall also
  receive
  support under programmes of the Union for cooperation with other countries, subject to the rules, objectives and arrangements of these programmes. |

Text proposed by the Commission

Amendment

2.   OCTs shall also
  be eligible for
  support under programmes of the Union for cooperation with other countries,
  notably developing countries,
  subject to the rules, objectives and arrangements of these programmes.

2.   OCTs shall also
  receive
  support under programmes of the Union for cooperation with other countries, subject to the rules, objectives and arrangements of these programmes.

Amendment 85

Proposal for a decision

Article 88 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  In order to ensure proper and effective involvement of the OCTs in the various horizontal programmes of the Union, the Commission shall launch a fully-fledged ‘OCT strategy’ designating an ‘OCT officer’ in each directorate-general to take part in the formulation of annual action plans in respect of each programme, for example through inter-service consultations, to ensure that due account is taken of the needs and specific nature of the OCTs. The Commission shall also notify the OCTs as soon as possible of the publication of calls for proposals under the various horizontal programmes. |

Text proposed by the Commission

Amendment

2a.
     
  In order to ensure proper and effective involvement of the OCTs in the various horizontal programmes of the Union, the Commission shall launch a fully-fledged ‘OCT strategy’ designating an ‘OCT officer’ in each directorate-general to take part in the formulation of annual action plans in respect of each programme, for example through inter-service consultations, to ensure that due account is taken of the needs and specific nature of the OCTs. The Commission shall also notify the OCTs as soon as possible of the publication of calls for proposals under the various horizontal programmes.

Amendment 86

Proposal for a decision

Article 89 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall be empowered to adopt delegated acts complementing the rules in this Decision within
  12
  months of its entry into force, and amending the Appendices of Annex VI for the purpose of taking into account technological development and changes in customs legislation, in accordance with the procedure laid down in Article 90. | 1.   The Commission shall be empowered to adopt delegated acts complementing the rules in this Decision within
  six
  months of its entry into force, and amending the Appendices of Annex VI for the purpose of taking into account technological development and changes in customs legislation, in accordance with the procedure laid down in Article 90. |

Text proposed by the Commission

Amendment

1.   The Commission shall be empowered to adopt delegated acts complementing the rules in this Decision within
  12
  months of its entry into force, and amending the Appendices of Annex VI for the purpose of taking into account technological development and changes in customs legislation, in accordance with the procedure laid down in Article 90.

1.   The Commission shall be empowered to adopt delegated acts complementing the rules in this Decision within
  six
  months of its entry into force, and amending the Appendices of Annex VI for the purpose of taking into account technological development and changes in customs legislation, in accordance with the procedure laid down in Article 90.

Amendment 87

Proposal for a decision

Article 90 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The delegation of power referred to in Article 89 may be revoked at any time by the Council. A decision of revocation 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. | 3.   The delegation of power referred to in Article 89 may be revoked at any time by the Council. A decision of revocation 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. |
| | Where the Council has commenced an internal procedure for deciding whether to revoke the delegation of powers, it shall inform the European Parliament and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation. |

Text proposed by the Commission

Amendment

3.   The delegation of power referred to in Article 89 may be revoked at any time by the Council. A decision of revocation 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.

3.   The delegation of power referred to in Article 89 may be revoked at any time by the Council. A decision of revocation 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.

Where the Council has commenced an internal procedure for deciding whether to revoke the delegation of powers, it shall inform the European Parliament and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.

Amendment 88

Proposal for a decision

Article 90 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   As soon as it adopts a delegated act, the Commission shall notify it to the Council. | 4.   As soon as the Commission adopts a delegated act, it shall notify it
  simultaneously
  to
  the European Parliament and to
  the Council. |

Text proposed by the Commission

Amendment

4.   As soon as it adopts a delegated act, the Commission shall notify it to the Council.

4.   As soon as the Commission adopts a delegated act, it shall notify it
  simultaneously
  to
  the European Parliament and to
  the Council.

Amendment 89

Proposal for a decision

Article 90 — paragraph 5 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | If it intends to object, the Council shall inform the European Parliament within a reasonable time before it takes the final decision, indicating the delegated act to which it intends to object and the reasons for its objection. |

Text proposed by the Commission

Amendment

If it intends to object, the Council shall inform the European Parliament within a reasonable time before it takes the final decision, indicating the delegated act to which it intends to object and the reasons for its objection.

Amendment 90

Proposal for a decision

Article 90 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 90a |
| | Urgency procedure |
| | 1.
     
  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the emergency procedure. |
| | 2.
     
  The Council may object to a delegated act in accordance with the procedure referred to in Article 90(5). In such case, the Commission shall repeal the act without delay following the notification of the decision to object by the Council. |

Text proposed by the Commission

Amendment

Article 90a

Urgency procedure

1.
     
  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the emergency procedure.

2.
     
  The Council may object to a delegated act in accordance with the procedure referred to in Article 90(5). In such case, the Commission shall repeal the act without delay following the notification of the decision to object by the Council.

Amendment 91

Proposal for a decision

Article 91 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Council, acting according to the Treaty, shall decide on any necessary adjustments to this Decision when: | The Council, acting according to the Treaty, shall decide
  , after consulting the European Parliament,
  on any necessary adjustments to this Decision when: |

Text proposed by the Commission

Amendment

The Council, acting according to the Treaty, shall decide on any necessary adjustments to this Decision when:

The Council, acting according to the Treaty, shall decide
  , after consulting the European Parliament,
  on any necessary adjustments to this Decision when:

Amendment 92

Proposal for a decision

Annex I

| Text proposed by the Commission | Amendment |
| --- | --- |
| LIST OF THE ISOLATED OCTs | LIST OF THE ISOLATED OCTs |
| — | Falkland Islands |

Text proposed by the Commission

Amendment

LIST OF THE ISOLATED OCTs

LIST OF THE ISOLATED OCTs

—

Falkland Islands

| — | Falkland Islands |
| --- | --- |

—

Falkland Islands

| — | Saint Helena, Ascension Island, Tristan da Cunha |
| --- | --- |

—

Saint Helena, Ascension Island, Tristan da Cunha

| — | Saint Helena, Ascension Island, Tristan da Cunha |
| --- | --- |

—

Saint Helena, Ascension Island, Tristan da Cunha

| — | St Pierre and Miquelon |
| --- | --- |

—

St Pierre and Miquelon

| — | St Pierre and Miquelon |
| --- | --- |

—

St Pierre and Miquelon

| — | Wallis and Futuna |
| --- | --- |

—

Wallis and Futuna

Amendment 93

Proposal for a decision

ANNEX II — Article 1 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   For the purposes of this Decision, for the seven-year period from 1 January 2014 to 31 December 2020, the overall amount of the EU financial assistance of EUR [
  343,4
   million] under the 11th EDF fixed by the Internal Agreement establishing the 11th EDF shall be allocated as follows: | 1.   For the purposes of this Decision, for the seven-year period from 1 January 2014 to 31 December 2020, the overall amount of the EU financial assistance of EUR [
  360,57
   million] under the 11th EDF fixed by the Internal Agreement establishing the 11th EDF shall be allocated as follows: |
| (a) | EUR [
  330,4
   million] in the form of grants for programmable support for long-term development, humanitarian aid, emergency aid, refugee aid and additional support in the event of fluctuations in export earnings as well as for support for regional cooperation and integration; |

Text proposed by the Commission

Amendment

1.   For the purposes of this Decision, for the seven-year period from 1 January 2014 to 31 December 2020, the overall amount of the EU financial assistance of EUR [
  343,4
   million] under the 11th EDF fixed by the Internal Agreement establishing the 11th EDF shall be allocated as follows:

1.   For the purposes of this Decision, for the seven-year period from 1 January 2014 to 31 December 2020, the overall amount of the EU financial assistance of EUR [
  360,57
   million] under the 11th EDF fixed by the Internal Agreement establishing the 11th EDF shall be allocated as follows:

(a)

EUR [
  330,4
   million] in the form of grants for programmable support for long-term development, humanitarian aid, emergency aid, refugee aid and additional support in the event of fluctuations in export earnings as well as for support for regional cooperation and integration;

| (a) | EUR [
  345,57
   million] in the form of grants for programmable support for long-term development, humanitarian aid, emergency aid, refugee aid and additional support in the event of fluctuations in export earnings as well as for support for regional cooperation and integration; |
| --- | --- |

(a)

EUR [
  345,57
   million] in the form of grants for programmable support for long-term development, humanitarian aid, emergency aid, refugee aid and additional support in the event of fluctuations in export earnings as well as for support for regional cooperation and integration;

| (b) | EUR [5 million] to finance interest subsidies and technical assistance in the context of the OCT Investment Facility referred to in Annex IV; |
| --- | --- |

(b)

EUR [5 million] to finance interest subsidies and technical assistance in the context of the OCT Investment Facility referred to in Annex IV;

| (b) | EUR [5 million] to finance interest subsidies and technical assistance in the context of the OCT Investment Facility referred to in Annex IV; |
| --- | --- |

(b)

EUR [5 million] to finance interest subsidies and technical assistance in the context of the OCT Investment Facility referred to in Annex IV;

| (c) | EUR [
  8
   million] to studies or technical assistance measures in accordance with Article 79 of this Decision, and to an overall evaluation of the Decision to be made four years before it expires at the latest. |
| --- | --- |

(c)

EUR [
  8
   million] to studies or technical assistance measures in accordance with Article 79 of this Decision, and to an overall evaluation of the Decision to be made four years before it expires at the latest.

| (c) | EUR [
  10
   million] to studies or technical assistance measures in accordance with Article 79 of this Decision, and to an overall evaluation of the Decision to be made four years before it expires at the latest. |
| --- | --- |

(c)

EUR [
  10
   million] to studies or technical assistance measures in accordance with Article 79 of this Decision, and to an overall evaluation of the Decision to be made four years before it expires at the latest.

Amendment 94

Proposal for a decision

ANNEX II — Article 3 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The amount of EUR [
  330,4
   million] mentioned in Article 1(1)(a) shall be allocated on the basis of the needs and performance of the OCTs in accordance with the following criteria: | The amount of EUR [
  345,57
   million] mentioned in Article 1(1)(a) shall be allocated on the basis of the needs and performance of the OCTs in accordance with the following criteria: |

Text proposed by the Commission

Amendment

The amount of EUR [
  330,4
   million] mentioned in Article 1(1)(a) shall be allocated on the basis of the needs and performance of the OCTs in accordance with the following criteria:

The amount of EUR [
  345,57
   million] mentioned in Article 1(1)(a) shall be allocated on the basis of the needs and performance of the OCTs in accordance with the following criteria:

Amendment 95

Proposal for a decision

ANNEX II — Article 3 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   EUR [
  105
   million] shall be allocated to support regional cooperation and integration in accordance with Article 7 of this Decision, in particular regarding the priorities and areas of mutual interests mentioned in Article 5 and through consultation via the instances of the EU-OCT partnership mentioned in Article 13. It shall seek coordination with other Union financial instruments, cooperation between the OCTs and the outermost regions referred to in Article 349 of the Treaty. | 2.   EUR [
  120,17
   million] shall be allocated to support regional cooperation and integration in accordance with Article 7 of this Decision, in particular regarding the priorities and areas of mutual interests mentioned in Article 5 and through consultation via the instances of the EU-OCT partnership mentioned in Article 13. It shall seek coordination with other Union financial instruments, cooperation between the OCTs and the outermost regions referred to in Article 349 of the Treaty. |

Text proposed by the Commission

Amendment

2.   EUR [
  105
   million] shall be allocated to support regional cooperation and integration in accordance with Article 7 of this Decision, in particular regarding the priorities and areas of mutual interests mentioned in Article 5 and through consultation via the instances of the EU-OCT partnership mentioned in Article 13. It shall seek coordination with other Union financial instruments, cooperation between the OCTs and the outermost regions referred to in Article 349 of the Treaty.

2.   EUR [
  120,17
   million] shall be allocated to support regional cooperation and integration in accordance with Article 7 of this Decision, in particular regarding the priorities and areas of mutual interests mentioned in Article 5 and through consultation via the instances of the EU-OCT partnership mentioned in Article 13. It shall seek coordination with other Union financial instruments, cooperation between the OCTs and the outermost regions referred to in Article 349 of the Treaty.

Amendment 96

Proposal for a decision

ANNEX VI — Article 3 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | products of aquaculture where the fish, crustaceans and molluscs are
  born and
  raised there; |

Text proposed by the Commission

Amendment

(g)

products of aquaculture where the fish, crustaceans and molluscs are
  born and
  raised there;

| (g) | products of aquaculture where the fish, crustaceans and molluscs are raised there; |
| --- | --- |

(g)

products of aquaculture where the fish, crustaceans and molluscs are raised there;

Amendment 97

Proposal for a decision

Annex VI — Article 10 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   The Commission shall adopt a measure granting the cumulation referred to in paragraph 1
  by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2.) | 6.   The Commission shall
  be empowered to
  adopt
  delegated acts in accordance with Article 90 concerning
  a measure granting the cumulation referred to in paragraph 1. |

Text proposed by the Commission

Amendment

6.   The Commission shall adopt a measure granting the cumulation referred to in paragraph 1
  by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2.)

6.   The Commission shall
  be empowered to
  adopt
  delegated acts in accordance with Article 90 concerning
  a measure granting the cumulation referred to in paragraph 1.

Amendment 98

Proposal for a decision

ANNEX VI — Article 16 — paragraph 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6a.
     
  Derogations shall be granted to OCTs in respect of fisheries products within the limit of an annual quota of 2 500 tonnes for fisheries products falling within CN codes 030471, 030483, 030532, 030562, 030614, 0307299010 and 160510. |
| | Applications for such derogations shall be submitted by the OCTs or a Member State in accordance with the abovementioned quota to the Committee, which shall grant them automatically and put them into force by means of a decision. |

Text proposed by the Commission

Amendment

6a.
     
  Derogations shall be granted to OCTs in respect of fisheries products within the limit of an annual quota of 2 500 tonnes for fisheries products falling within CN codes 030471, 030483, 030532, 030562, 030614, 0307299010 and 160510.

Applications for such derogations shall be submitted by the OCTs or a Member State in accordance with the abovementioned quota to the Committee, which shall grant them automatically and put them into force by means of a decision.

Amendment 99

Proposal for a decision

Annex VI — Article 16 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 8.   The Commission shall adopt a measure granting a temporary derogation referred to in paragraph 1
  by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2)
  . | 8.   The Commission shall
  be empowered to
  adopt
  delegated acts in accordance with Article 90 concerning
  a measure granting a temporary derogation referred to in paragraph 1. |

Text proposed by the Commission

Amendment

8.   The Commission shall adopt a measure granting a temporary derogation referred to in paragraph 1
  by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2)
  .

8.   The Commission shall
  be empowered to
  adopt
  delegated acts in accordance with Article 90 concerning
  a measure granting a temporary derogation referred to in paragraph 1.

Amendment 100

Proposal for a decision

Annex VI — Article 63 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Commission shall adopt a measure granting a temporary derogation referred to in paragraph 1
  by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2)
  . | 3.   The Commission shall
  be empowered to
  adopt
  delegated acts in accordance with Article 90 concerning
  a measure granting a temporary derogation referred to in paragraph 1. |

Text proposed by the Commission

Amendment

3.   The Commission shall adopt a measure granting a temporary derogation referred to in paragraph 1
  by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2)
  .

3.   The Commission shall
  be empowered to
  adopt
  delegated acts in accordance with Article 90 concerning
  a measure granting a temporary derogation referred to in paragraph 1.

Amendment 101

Proposal for a decision

Annex VI — Article 64

| Text proposed by the Commission | Amendment |
| --- | --- |
| Committee procedures | deleted |
| 1.
     
  The Commission shall be assisted by the Customs Code Committee established by Article 247a of Regulation (EEC) No 2913/92. | |
| 2.
     
  Where reference is made to this paragraph, Article 5 of regulation (EU) No 182/2011 shall apply. | |

Text proposed by the Commission

Amendment

Committee procedures

deleted

1.
     
  The Commission shall be assisted by the Customs Code Committee established by Article 247a of Regulation (EEC) No 2913/92.

2.
     
  Where reference is made to this paragraph, Article 5 of regulation (EU) No 182/2011 shall apply.

Amendment 102

Proposal for a decision

Annex VII — Article 2 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission may temporarily withdraw the preferential arrangements provided for in this Decision, in respect of all or of certain products originating in a beneficiary country, where it considers that there is sufficient evidence that a temporary withdrawal would be justified for the reasons referred to in paragraphs 1 and 2 of Article 1 of this Annex, provided that it has first: | 1.   The Commission may temporarily withdraw the preferential arrangements provided for in this Decision,
  by means of delegated acts in accordance with Article 90,
  in respect of all or of certain products originating in a beneficiary country, where it considers that there is sufficient evidence that a temporary withdrawal would be justified for the reasons referred to in paragraphs 1 and 2 of Article 1 of this Annex, provided that it has first: |
| (a) | consulted the Committee referred to in Article 10 of Annex VIII in accordance with the procedure referred to in Article 3 paragraph 2; |

Text proposed by the Commission

Amendment

1.   The Commission may temporarily withdraw the preferential arrangements provided for in this Decision, in respect of all or of certain products originating in a beneficiary country, where it considers that there is sufficient evidence that a temporary withdrawal would be justified for the reasons referred to in paragraphs 1 and 2 of Article 1 of this Annex, provided that it has first:

1.   The Commission may temporarily withdraw the preferential arrangements provided for in this Decision,
  by means of delegated acts in accordance with Article 90,
  in respect of all or of certain products originating in a beneficiary country, where it considers that there is sufficient evidence that a temporary withdrawal would be justified for the reasons referred to in paragraphs 1 and 2 of Article 1 of this Annex, provided that it has first:

(a)

consulted the Committee referred to in Article 10 of Annex VIII in accordance with the procedure referred to in Article 3 paragraph 2;

| (b) | called on the Member States to take such precautionary measures as are necessary, in order to safeguard the Union’s financial interests and/or secure compliance by the beneficiary country with its obligations; and |
| --- | --- |

(b)

called on the Member States to take such precautionary measures as are necessary, in order to safeguard the Union’s financial interests and/or secure compliance by the beneficiary country with its obligations; and

| (b) | called on the Member States to take such precautionary measures as are necessary, in order to safeguard the Union’s financial interests and/or secure compliance by the beneficiary country with its obligations; and |
| --- | --- |

(b)

called on the Member States to take such precautionary measures as are necessary, in order to safeguard the Union’s financial interests and/or secure compliance by the beneficiary country with its obligations; and

| (c) | published a notice in the Official Journal of the European Union stating that there are grounds for reasonable doubt about the application of the preferential arrangements and/or compliance by the beneficiary country with its obligations, which may call into question its right to continue to enjoy the benefits granted by this Decision. |
| --- | --- |

(c)

published a notice in the Official Journal of the European Union stating that there are grounds for reasonable doubt about the application of the preferential arrangements and/or compliance by the beneficiary country with its obligations, which may call into question its right to continue to enjoy the benefits granted by this Decision.

| (c) | published a notice in the Official Journal of the European Union stating that there are grounds for reasonable doubt about the application of the preferential arrangements and/or compliance by the beneficiary country with its obligations, which may call into question its right to continue to enjoy the benefits granted by this Decision. |
| --- | --- |

(c)

published a notice in the Official Journal of the European Union stating that there are grounds for reasonable doubt about the application of the preferential arrangements and/or compliance by the beneficiary country with its obligations, which may call into question its right to continue to enjoy the benefits granted by this Decision.

The Commission shall inform the OCT(s) concerned of any decision taken in accordance with this paragraph, before it becomes effective.
  The Commission shall also notify the Committee referred to in Article 10 of Annex VIII.

The Commission shall inform the OCT(s) concerned of any decision taken in accordance with this paragraph, before it becomes effective.

Amendment 103

Proposal for a decision

Annex VII — Article 2 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The period of temporary withdrawal shall not exceed six months. On conclusion of the period, the Commission shall decide either to terminate the temporary withdrawal
  after informing the Committee referred to in Article 10 of Annex VIII
  or to extend the period of temporary withdrawal in accordance with the procedure referred to in paragraph 1 of this Article. | 2.   The period of temporary withdrawal shall not exceed six months. On conclusion of the period, the Commission shall decide either to terminate the temporary withdrawal or to extend the period of temporary withdrawal in accordance with the procedure referred to in paragraph 1 of this Article. |

Text proposed by the Commission

Amendment

2.   The period of temporary withdrawal shall not exceed six months. On conclusion of the period, the Commission shall decide either to terminate the temporary withdrawal
  after informing the Committee referred to in Article 10 of Annex VIII
  or to extend the period of temporary withdrawal in accordance with the procedure referred to in paragraph 1 of this Article.

2.   The period of temporary withdrawal shall not exceed six months. On conclusion of the period, the Commission shall decide either to terminate the temporary withdrawal or to extend the period of temporary withdrawal in accordance with the procedure referred to in paragraph 1 of this Article.

Amendment 104

Proposal for a decision

Annex VII — Article 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Committee procedure | deleted |
| 1.
     
  For the purpose of the implementation of Article 2, the Commission shall be assisted by the Committee referred to in Article 10 of Annex VIII. | |
| 2.
     
  When reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. | |

Text proposed by the Commission

Amendment

Committee procedure

deleted

1.
     
  For the purpose of the implementation of Article 2, the Commission shall be assisted by the Committee referred to in Article 10 of Annex VIII.

2.
     
  When reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Amendment 105

Proposal for a decision

Annex VIII — Article 5 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Prior surveillance measures shall be adopted by the Commission in accordance with the
  advisory
  procedure referred to in Article 6 of this Annex. | 2.   Prior surveillance measures shall be adopted by the Commission in accordance with the procedure referred to in Article 6 of this Annex. |

Text proposed by the Commission

Amendment

2.   Prior surveillance measures shall be adopted by the Commission in accordance with the
  advisory
  procedure referred to in Article 6 of this Annex.

2.   Prior surveillance measures shall be adopted by the Commission in accordance with the procedure referred to in Article 6 of this Annex.

Amendment 106

Proposal for a decision

Annex VIII — Article 6 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   On duly justified grounds of urgency relating to deterioration of the economic and/or financial situation of Union producers which would be difficult to repair, provisional measures may be imposed. Provisional measures shall be shall not apply for more than 200 days. Provisional measures shall be adopted by the Commission in accordance with
  the advisory procedure referred to in
  Article
  10 of this Annex
  . In cases of imperative grounds of urgency, the Commission shall adopt immediately applicable provisional safeguard measures in accordance with
  the procedure referred to in
  Article
  10 of this Annex
  . | 1.   On duly justified grounds of urgency relating to deterioration of the economic and/or financial situation of Union producers which would be difficult to repair, provisional measures may be imposed. Provisional measures shall be shall not apply for more than 200 days. Provisional measures shall be adopted by the Commission
  by means of delegated acts
  in accordance with Article
  90
  . In cases of imperative grounds of urgency, the Commission shall adopt immediately applicable provisional safeguard measures
  by means of delegated acts
  in accordance with Article
  90a
  . |

Text proposed by the Commission

Amendment

1.   On duly justified grounds of urgency relating to deterioration of the economic and/or financial situation of Union producers which would be difficult to repair, provisional measures may be imposed. Provisional measures shall be shall not apply for more than 200 days. Provisional measures shall be adopted by the Commission in accordance with
  the advisory procedure referred to in
  Article
  10 of this Annex
  . In cases of imperative grounds of urgency, the Commission shall adopt immediately applicable provisional safeguard measures in accordance with
  the procedure referred to in
  Article
  10 of this Annex
  .

1.   On duly justified grounds of urgency relating to deterioration of the economic and/or financial situation of Union producers which would be difficult to repair, provisional measures may be imposed. Provisional measures shall be shall not apply for more than 200 days. Provisional measures shall be adopted by the Commission
  by means of delegated acts
  in accordance with Article
  90
  . In cases of imperative grounds of urgency, the Commission shall adopt immediately applicable provisional safeguard measures
  by means of delegated acts
  in accordance with Article
  90a
  .

Amendment 107

Proposal for a decision

Annex VIII — Article 7 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where the facts as finally established show that the conditions set out in Article 2 of this Annex are not met, the Commission shall adopt a decision terminating the investigation
  and proceeding in accordance with the examination procedure referred to in Article 4 of this Annex
  . The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9 of this Annex, a report setting forth its findings and reasoned conclusions reached on all pertinent issues of fact and law. | 1.   Where the facts as finally established show that the conditions set out in Article 2 of this Annex are not met, the Commission shall adopt a decision terminating the investigation. The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9 of this Annex, a report setting forth its findings and reasoned conclusions reached on all pertinent issues of fact and law. |

Text proposed by the Commission

Amendment

1.   Where the facts as finally established show that the conditions set out in Article 2 of this Annex are not met, the Commission shall adopt a decision terminating the investigation
  and proceeding in accordance with the examination procedure referred to in Article 4 of this Annex
  . The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9 of this Annex, a report setting forth its findings and reasoned conclusions reached on all pertinent issues of fact and law.

1.   Where the facts as finally established show that the conditions set out in Article 2 of this Annex are not met, the Commission shall adopt a decision terminating the investigation. The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9 of this Annex, a report setting forth its findings and reasoned conclusions reached on all pertinent issues of fact and law.

Amendment 108

Proposal for a decision

Annex VIII — Article 7 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where the facts as finally established show that the conditions set out in Article 2 of this Annex are met, the Commission shall adopt a decision imposing definitive safeguard measures in accordance with
  the examination procedure referred to in
  Article
  4 of this Annex
  . The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9 of this Annex, a report containing a summary of the material facts and considerations relevant to the determination, and notify the OCT authorities immediately of the decision to take the necessary safeguard measures. | 2.   Where the facts as finally established show that the conditions set out in Article 2 of this Annex are met, the Commission shall adopt a decision imposing definitive safeguard measures
  by means of delegated acts
  in accordance with Article
  90
  . The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9 of this Annex, a report containing a summary of the material facts and considerations relevant to the determination, and notify the OCT authorities immediately of the decision to take the necessary safeguard measures. |

Text proposed by the Commission

Amendment

2.   Where the facts as finally established show that the conditions set out in Article 2 of this Annex are met, the Commission shall adopt a decision imposing definitive safeguard measures in accordance with
  the examination procedure referred to in
  Article
  4 of this Annex
  . The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9 of this Annex, a report containing a summary of the material facts and considerations relevant to the determination, and notify the OCT authorities immediately of the decision to take the necessary safeguard measures.

2.   Where the facts as finally established show that the conditions set out in Article 2 of this Annex are met, the Commission shall adopt a decision imposing definitive safeguard measures
  by means of delegated acts
  in accordance with Article
  90
  . The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9 of this Annex, a report containing a summary of the material facts and considerations relevant to the determination, and notify the OCT authorities immediately of the decision to take the necessary safeguard measures.

Amendment 109

Proposal for a decision

Annex VIII — Article 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| Committee procedure | deleted |
| 1.
     
  The Commission shall be assisted by the Committee established by Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports. 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. | |
| 3.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. | |
| 4.
     
  Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 4 thereof, shall apply. | |

Text proposed by the Commission

Amendment

Committee procedure

deleted

1.
     
  The Commission shall be assisted by the Committee established by Article 4(1) of Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports. 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.

3.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

4.
     
  Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 4 thereof, shall apply.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/195 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/195

---

P7_TA(2013)0068

Radioactive substances in water intended for human consumption ***I

European Parliament legislative resolution of 12 March 2013 on the proposal for a Council directive laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (COM(2012)0147 — C7-0105/2012 — 2012/0074(COD))

(Ordinary legislative procedure: first reading)

(2016/C 036/32)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2012)0147), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2012)0147),

| — | having regard to Articles 31 and 32 of the Treaty establishing the European Atomic Energy Community, pursuant to which the Council consulted Parliament (C7-0105/2012), |
| --- | --- |

—

having regard to Articles 31 and 32 of the Treaty establishing the European Atomic Energy Community, pursuant to which the Council consulted Parliament (C7-0105/2012),

| — | 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) and Article 192(1) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) and Article 192(1) 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 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 23 May 2012 (1),

| — | having regard to Rules 55 and 37 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 and 37 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 Industry, Research and Energy (A7-0033/2013), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Industry, Research and Energy (A7-0033/2013),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 293(2) of the Treaty on the Functioning of the European Union; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 293(2) of the Treaty on the Functioning of the European Union;

| 3. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 229, 31.7.2012, p. 145.

---

P7_TC1-COD(2012)0074

Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Council
  Directive 2013/.../EU of the European Parliament and of the Council laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption and amending Council Directive 98/83/EC [Am. 1]

THE EUROPEAN PARLIAMENT AND
  THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 31 and 32 thereof

  on the Functioning of the European Union, and in particular Article 192(1) thereof
  ,

Having regard to the proposal from the
  European
  Commissiondrawn up after obtaining the opinion of a group of persons appointed by the Scientific and Technical Committee from among scientific experts in the Member States, in accordance with Article 31 of the Treaty,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the European Parliament

  Acting in accordance with the ordinary legislative procedure

   (2), [Am. 2]

Whereas:

| (-1) | In accordance with Article 191 of the Treaty on the Functioning of the European Union (TFEU), Union policy on the environment should be based on the principles of precaution and preventive action and help to achieve objectives such as preserving, protecting and improving the quality of the environment and protecting human health. [Am. 3] |
| --- | --- |

(-1)

In accordance with Article 191 of the Treaty on the Functioning of the European Union (TFEU), Union policy on the environment should be based on the principles of precaution and preventive action and help to achieve objectives such as preserving, protecting and improving the quality of the environment and protecting human health. [Am. 3]

| (1) | The ingestion of water is one of the pathways of incorporation of radioactive

  harmful
  substances into the human body.
  Ingestion of radioactive isotopes or radionuclides can lead to a number of health problems.
  In accordance with Council Directive 96/29/Euratom (3), the contribution to the exposure of the population as a whole
  , taking into account long-term cumulative exposure,
  from practices which involve a risk from ionizing radiation must be kept as low as reasonably achievable

  possible
  . [Am. 4] |
| --- | --- |

(1)

The ingestion of water is one of the pathways of incorporation of radioactive

  harmful
  substances into the human body.
  Ingestion of radioactive isotopes or radionuclides can lead to a number of health problems.
  In accordance with Council Directive 96/29/Euratom (3), the contribution to the exposure of the population as a whole
  , taking into account long-term cumulative exposure,
  from practices which involve a risk from ionizing radiation must be kept as low as reasonably achievable

  possible
  . [Am. 4]

| (1a) | Filtering out radioactive isotopes from water leads to filters becoming radioactive waste that must then be disposed of with caution and in accordance with the procedures in force. [Am. 5] |
| --- | --- |

(1a)

Filtering out radioactive isotopes from water leads to filters becoming radioactive waste that must then be disposed of with caution and in accordance with the procedures in force. [Am. 5]

| (1b) | The process of removal of radioactive isotopes from water depends on national laboratories, regular update of measurements and research. [Am. 6] |
| --- | --- |

(1b)

The process of removal of radioactive isotopes from water depends on national laboratories, regular update of measurements and research. [Am. 6]

| (1c) | The information provided by the Member States in the triennial report on the Drinking Water Directive is incomplete or missing with regard to levels of radioactivity in drinking water. [Am. 7] |
| --- | --- |

(1c)

The information provided by the Member States in the triennial report on the Drinking Water Directive is incomplete or missing with regard to levels of radioactivity in drinking water. [Am. 7]

| (1d) | In order to reduce the costs of treating drinking water, preventive measures are necessary. [Am. 8] |
| --- | --- |

(1d)

In order to reduce the costs of treating drinking water, preventive measures are necessary. [Am. 8]

| (2) | In view of the importance for human

  In order to ensure a high level of public
  health of the quality of water intended for human consumption

  protection
  , it is necessary to lay down at Community level

  common
  quality standards which have

  for water intended for human consumption serving
  an indicator function and
  to
  provide for the monitoring of the compliance with those standards. [Am. 9] |
| --- | --- |

(2)

In view of the importance for human

  In order to ensure a high level of public
  health of the quality of water intended for human consumption

  protection
  , it is necessary to lay down at Community level

  common
  quality standards which have

  for water intended for human consumption serving
  an indicator function and
  to
  provide for the monitoring of the compliance with those standards. [Am. 9]

| (3) | Indicator parameters have already been set out in Annex I, Part C relating to radioactive substances, as well as the related monitoring provisions in Annex II to Council Directive 98/83/EC (4). However, those parameters fall within the scope of the basic standards defined in Article 30 of the Euratom Treaty.
  [Am. 10] |
| --- | --- |

(3)

Indicator parameters have already been set out in Annex I, Part C relating to radioactive substances, as well as the related monitoring provisions in Annex II to Council Directive 98/83/EC (4). However, those parameters fall within the scope of the basic standards defined in Article 30 of the Euratom Treaty.
  [Am. 10]

| (3a) | The parametric values are based on the scientific knowledge available, taking into account the precautionary principle. Those values have been selected to ensure that water intended for human consumption can be consumed safely on a life-long basis, taking as a reference citizens who are most vulnerable, and thus to also ensure a high level of health protection. [Am. 11] |
| --- | --- |

(3a)

The parametric values are based on the scientific knowledge available, taking into account the precautionary principle. Those values have been selected to ensure that water intended for human consumption can be consumed safely on a life-long basis, taking as a reference citizens who are most vulnerable, and thus to also ensure a high level of health protection. [Am. 11]

| (4) | The requirements for monitoring levels of radioactivity in water intended for human consumption should therefore be adopted in specific

  correlated with the requirements laid down in existing
  legislation that ensures the

  for other chemical substances found in water, which have a detrimental effect on the environment and on human health. This measure would ensure the
  uniformity, coherence and completeness of radiation

  human health and environmental
  protection legislation under the Euratom

  TFEU
  . [Am. 12] |
| --- | --- |

(4)

The requirements for monitoring levels of radioactivity in water intended for human consumption should therefore be adopted in specific

  correlated with the requirements laid down in existing
  legislation that ensures the

  for other chemical substances found in water, which have a detrimental effect on the environment and on human health. This measure would ensure the
  uniformity, coherence and completeness of radiation

  human health and environmental
  protection legislation under the Euratom

  TFEU
  . [Am. 12]

| (5) | The provisions of

  This
  Directive adopted under the Euratom Treaty

  updates the indicator parameters set out in Part C of Annex I to

  should supersede those of the Directive 98/83/EC as regards the contamination of

  , and lays down rules on the monitoring of the presence of radioactive substances in
  drinking water by radioactive substances. [Am. 13] |
| --- | --- |

(5)

The provisions of

  This
  Directive adopted under the Euratom Treaty

  updates the indicator parameters set out in Part C of Annex I to

  should supersede those of the Directive 98/83/EC as regards the contamination of

  , and lays down rules on the monitoring of the presence of radioactive substances in
  drinking water by radioactive substances. [Am. 13]

| (6) | In the event of non-compliance with a parameter that has an indicator function, the Member State concerned should assess whether that non-compliance poses any

  be required to determine the cause thereof, to assess the level of the
  risk to human health,
  including in the long-term, and the possibilities for intervention
  and, where necessary, take remedial action to restore

  to ensure that the water supply complies with
  the quality of the water

  criteria laid down in this Directive as soon as possible
  .
  This necessary remedial action may go as far as shutting down the facility concerned if the quality of water requires such action. Priority should be given to action which rectifies the problem at source. Consumers should be informed immediately of the risks, the measures already taken by the authorities and the time necessary for the remedial action to take effect
  . [Am. 14] |
| --- | --- |

(6)

In the event of non-compliance with a parameter that has an indicator function, the Member State concerned should assess whether that non-compliance poses any

  be required to determine the cause thereof, to assess the level of the
  risk to human health,
  including in the long-term, and the possibilities for intervention
  and, where necessary, take remedial action to restore

  to ensure that the water supply complies with
  the quality of the water

  criteria laid down in this Directive as soon as possible
  .
  This necessary remedial action may go as far as shutting down the facility concerned if the quality of water requires such action. Priority should be given to action which rectifies the problem at source. Consumers should be informed immediately of the risks, the measures already taken by the authorities and the time necessary for the remedial action to take effect
  . [Am. 14]

| (7) | Consumers should be adequately

  fully
  and appropriately informed of the quality of water intended for human consumption
  via easily accessible publications. Updated information regarding areas at risk from potential sources of radioactive contamination, as well as regional water quality, shall be made available to consumers at all times by local administrations
  . [Am. 15] |
| --- | --- |

(7)

Consumers should be adequately

  fully
  and appropriately informed of the quality of water intended for human consumption
  via easily accessible publications. Updated information regarding areas at risk from potential sources of radioactive contamination, as well as regional water quality, shall be made available to consumers at all times by local administrations
  . [Am. 15]

| (7a) | It is necessary to include in the scope of this Directive water used in the food industry. [Am. 16] |
| --- | --- |

(7a)

It is necessary to include in the scope of this Directive water used in the food industry. [Am. 16]

| (8) | It is necessary to exclude from the scope of this Directive natural mineral waters and waters which are medicinal products, since special rules for those types of water have been established in Directive 2009/54/EC of the European Parliament and of the Council (5) and Directive 2001/83/EC of the European Parliament and of the Council (6).
  However the Commission should, at the latest two years after entry into force of this Directive, present a proposal to revise Directive 2009/54/EC, in order to align the control requirements for natural mineral waters to the requirements set out in this Directive and in Directive 98/83/EC.
  The monitoring of waters put into bottles or containers intended for sale, other than natural mineral waters, for the purpose of checking that the levels of radioactive substances comply with the parametric values laid down in this Directive should be done in accordance with the principles of hazard analysis and critical control points (HACCP) as required by Regulation (EC) No 852/2004 of the European Parliament and of the Council (7). [Am. 17] |
| --- | --- |

(8)

It is necessary to exclude from the scope of this Directive natural mineral waters and waters which are medicinal products, since special rules for those types of water have been established in Directive 2009/54/EC of the European Parliament and of the Council (5) and Directive 2001/83/EC of the European Parliament and of the Council (6).
  However the Commission should, at the latest two years after entry into force of this Directive, present a proposal to revise Directive 2009/54/EC, in order to align the control requirements for natural mineral waters to the requirements set out in this Directive and in Directive 98/83/EC.
  The monitoring of waters put into bottles or containers intended for sale, other than natural mineral waters, for the purpose of checking that the levels of radioactive substances comply with the parametric values laid down in this Directive should be done in accordance with the principles of hazard analysis and critical control points (HACCP) as required by Regulation (EC) No 852/2004 of the European Parliament and of the Council (7). [Am. 17]

| (9) | Each Member State should establish
  robust
  monitoring programmes to check
  on a regular basis
  that water intended for human consumption meets the requirements of this Directive. [Am. 18] |
| --- | --- |

(9)

Each Member State should establish
  robust
  monitoring programmes to check
  on a regular basis
  that water intended for human consumption meets the requirements of this Directive. [Am. 18]

| (10) | The methods used to analyse the quality of water intended for human consumption should be such as to ensure that the results obtained are reliable and comparable.
  Such monitoring programmes should be appropriate to local needs and should meet the minimum monitoring requirements laid down in this Directive. [Am. 19] |
| --- | --- |

(10)

The methods used to analyse the quality of water intended for human consumption should be such as to ensure that the results obtained are reliable and comparable.
  Such monitoring programmes should be appropriate to local needs and should meet the minimum monitoring requirements laid down in this Directive. [Am. 19]

| (10a) | There is a need for natural radiation levels and contamination from human activities to be managed in a differentiated manner, on the basis of distinct dosimetric criteria. Member States must ensure that nuclear activities do not lead to a contamination of drinking water. [Am. 20] |
| --- | --- |

(10a)

There is a need for natural radiation levels and contamination from human activities to be managed in a differentiated manner, on the basis of distinct dosimetric criteria. Member States must ensure that nuclear activities do not lead to a contamination of drinking water. [Am. 20]

| (11) | Commission Recommendation 2001/928/Euratom (8) deals with the radiological quality of drinking water supplies regarding radon and long-lived radon decay products, and it is appropriate to include these radionuclides in the scope of this Directive. |
| --- | --- |

(11)

Commission Recommendation 2001/928/Euratom (8) deals with the radiological quality of drinking water supplies regarding radon and long-lived radon decay products, and it is appropriate to include these radionuclides in the scope of this Directive.

| (11a) | In order to ensure the coherence of European Water policy, the parametric values, frequencies and methods for monitoring radioactive substances in this Directive need to be compatible with the Directive 2006/118/EC of the European Parliament and of the Council

   (9)

  and Council Directive 98/83/EC. Furthermore, the Commission should ensure that when a review of Directive 2000/60/EC of the European Parliament and of the Council

   (10)

  and Directive 2006/118/EC takes place, reference to this Directive should be made in order to fully protect all types of water against contamination of radioactive substances, [Am. 21] |
| --- | --- |

(11a)

In order to ensure the coherence of European Water policy, the parametric values, frequencies and methods for monitoring radioactive substances in this Directive need to be compatible with the Directive 2006/118/EC of the European Parliament and of the Council

   (9)

  and Council Directive 98/83/EC. Furthermore, the Commission should ensure that when a review of Directive 2000/60/EC of the European Parliament and of the Council

   (10)

  and Directive 2006/118/EC takes place, reference to this Directive should be made in order to fully protect all types of water against contamination of radioactive substances, [Am. 21]

HAVE ADOPTED THIS DIRECTIVE:

Article1

Subject matter

This Directive lays down

  concerns harmonised
  requirements for the protection of

  in respect of the quality of water intended for human consumption, with the aim of safeguarding
  the health of the general public with regard to radioactive substances in water intended for human consumption. It sets out parametric values, frequencies and methods for monitoring

  against the adverse effects of the contamination of such water by
  radioactive substances. [Am. 22]

Article 2

Definitions

For the purposes of this Directive, the definitions laid down in Article 2 of Directive 98/83/EC shall apply.

In addition to the definitions referred to in paragraph 1, the following definitions shall apply:

| (1) | ‘radioactive substance’ means any substance that contains one or more radionuclides, the activity or concentration of which cannot be disregarded as far as radiation protection is concerned; |
| --- | --- |

(1)

‘radioactive substance’ means any substance that contains one or more radionuclides, the activity or concentration of which cannot be disregarded as far as radiation protection is concerned;

| (2) | ‘total indicative dose’(TID) means the committed effective dose for one year of ingestion resulting from all the radionuclides whose presence in water supply has been detected, either of natural or of artificial origin, excluding potassium-40, radon and short-lived radon decay products; |
| --- | --- |

(2)

‘total indicative dose’(TID) means the committed effective dose for one year of ingestion resulting from all the radionuclides whose presence in water supply has been detected, either of natural or of artificial origin, excluding potassium-40, radon and short-lived radon decay products;

| (3) | ‘parametric value’ means the value with which water intended for human consumption shall comply. If a parametric value is exceeded, Member States shall assess the level of risk associated with the presence of radioactive substances and, based on the results of this assessment, shall take immediate remedial action to ensure compliance with the requirements laid down in this Directive. [Am. 23] |
| --- | --- |

(3)

‘parametric value’ means the value with which water intended for human consumption shall comply. If a parametric value is exceeded, Member States shall assess the level of risk associated with the presence of radioactive substances and, based on the results of this assessment, shall take immediate remedial action to ensure compliance with the requirements laid down in this Directive. [Am. 23]

Article 3

Scope

This Directive shall apply to water intended for human consumption,
  as defined in Article 2 of Directive 98/83/EC,
  with the exemptions set out in Article 3(1) of that Directive and laid down in accordance with Article 3(2) thereof. [Am. 24]

Article 4

General obligations

Without prejudice to the provisions laid down in Article 6(3)a of Directive 96/29/Euratom, Member States shall take all measures necessary to establish an appropriate monitoring programme to ensure that water intended for human consumption complies with the parametric values established in accordance with this Directive.
  A guide to best practices shall be provided by the Commission to the Member States.

Member States shall ensure that the measures taken to implement this Directive do not, under any circumstances, have the effect of allowing, either directly or indirectly, any deterioration in the present quality of water intended for human consumption or any increase in the pollution of waters used for the production of drinking water. [Am. 25]

New technologies shall be developed which minimise the time needed to isolate nuclear waste from the environment following a natural disaster. [Am. 26]

Member States shall take all measures necessary to ensure that radioactive waste from filtered drinking water is disposed of according to the provisions in force. The Commission shall provide guidelines on this process to the Member States. [Am. 27]

Member States shall carry out risk assessments of radioactive waste deposits that could have an impact on ground water or other sources of drinking water or that could be endangered by natural disasters. [Am. 28]

The Commission shall carry out a study on the ‘cocktail effects’ of other chemical substances combined with radioactive substances in water intended for human consumption.Based on the results of that study the Commission shall update the relevant legislation. [Am. 29]

The Commission shall carry out an evaluation of the implementation of Directive 2000/60/EC in the Member States. [Am. 30]

Article 5

Parametric values

Member States shall set parametric values applicable for the monitoring of radioactive substances in water intended for human consumption in accordance with Annex I; for water put into bottles or containers intended for sale this shall be without prejudice to the principles of hazard analysis and critical control points (HACCP) as required by Regulation (EC) No 852/2004.

Article 6

Monitoring

Member States shall ensure regular
  and accurate
  monitoring of water intended for human consumption in accordance with Annex II in order to check that the concentrations of radioactive substances do not exceed the parametric values laid down in accordance with Article 5.
  Monitoring shall take account of the long-term cumulative exposure of the population and shall be conducted as part of the checks referred to in Article 7 of Directive 98/83/EC on the quality of drinking water intended for human consumption. It shall include reference analyses aimed at establishing the radioactive content of the water and optimising the analysis strategy and periodic analyses in accordance with the methods set out in Annex III. The monitoring frequency for periodic analyses may be adapted through a risk-based approach, based on the results of reference analyses which shall be mandatory in all cases. In such cases, Member States shall communicate both the grounds for their decision and the results of the reference analyses concerned to the Commission and make them available to the public. [Am. 31]

Article 7

Sampling locations

Member States may take samples:

| (a) | in the case of water supplied from a distribution network, at the point within the supply zone or at the treatment works if it can be demonstrated that such sampling gives the same or higher measured value of the parameters concerned; |
| --- | --- |

(a)

in the case of water supplied from a distribution network, at the point within the supply zone or at the treatment works if it can be demonstrated that such sampling gives the same or higher measured value of the parameters concerned;

| (b) | in the case of water supplied from a tanker, at the point at which it emerges from the tanker; |
| --- | --- |

(b)

in the case of water supplied from a tanker, at the point at which it emerges from the tanker;

| (c) | in the case of water put into bottles or containers intended for sale, at the point at which the waer is put into the bottles or containers; |
| --- | --- |

(c)

in the case of water put into bottles or containers intended for sale, at the point at which the waer is put into the bottles or containers;

| (d) | in the case of water used in a food-production undertaking, at the point where the water is used in the undertaking. |
| --- | --- |

(d)

in the case of water used in a food-production undertaking, at the point where the water is used in the undertaking.

Article 8

Sampling and analysis

1.   Samples representative of the quality of the water consumed throughout the year shall be taken and analysed in accordance with the methods set out in Annex III.

2.   Member States shall ensure that all laboratories analysing samples of water intended for human consumption have a system of analytical quality control. They shall ensure that that system is subject to occasional

  random
  checks
  , at least once a year,
  by an independent controller approved by the competent authority for that purpose. [Am. 32]

2a.
     
  The financing of the monitoring measures shall be effected in accordance with Chapter IV of Regulation (EC) No 882/2004 of the European Parliament and of the Council

   (11)

  . In the case of pollution arising from human activities, these costs shall be borne by the polluter. [Am. 33]

Article 9

Remedial action and notification of consumers

1.   Member States shall ensure that any failure to comply with the parametric values laid down in accordance with Article 5 is immediately investigated in order to identify its cause.

1a.
     
  Information on the risk assessment of nuclear plants and the surrounding areas, as regards radioactive substances in the water shall be made available to the public. [Am. 34]

1b.
     
  Member States shall ensure that information regarding the presence of radioactive substances in water intended for human consumption is included in the triennial report on the quality of water referred to in Article 13(2) of Directive 98/83/EC. [Am. 35]

2.   Where
  there is
  a failure to comply with the parametric values laid down in accordance with Article 5 occurs

  defined for radon and for the TID from natural sources
  , the Member State
  concerned
  shall
  immediately
  assess whether the failure poses a

  the level of the
  risk to human health. In the event that there is such a risk,

  and the possibilities for intervention, taking into account the local conditions. On the basis of these findings,
  the Member State shall take remedial action to restore

  ensure that the water supply complies with
  the quality of the water

  criteria laid down in this Directive
  .

2a.
     
  Where there is a failure to comply with the parametric values defined for tritium and for the TID originating from human activities, the Member State concerned shall ensure that the investigation which is to be launched immediately establishes the nature, scale and dosimetric impact of the pollution. That investigation shall take into account all the environments liable to be affected and all exposure pathways. The Member State concerned shall ensure that the necessary corrective action is taken to ensure that the water again meets the parametric values. Solutions should be centred on tackling the pollution at source. The necessary remedial action may go as far as shutting down the facility concerned if the water quality requires such action. The Member State concerned shall ensure that the costs of remedial action are borne by the polluter. [Am. 36]

3.   
  Member States shall ensure that the results of the analyses performed pursuant to Article 8 are published, made publicly available as soon as possible and included in the reports referred to in Article 13 of Directive 98/83/EC.
  Where the risk to human health cannot be regarded as trivial, the Member State
  , together with the responsible actor or actors,
  shall ensure that consumers are notified

  alerted immediately and given complete information related to the risk to human health and on how to cope with the problems encountered, which shall be published and made available on the internet as soon as possible. They shall also ensure that alternative uncontaminated water supplies are provided without delay
  . [Am. 37]

Article 9a

Amendments to Directive 98/83/EC

Directive 98/83/EC is amended as follows:

| (1) | The ‘Radioactivity’ section of Part C of Annex I is deleted. |
| --- | --- |

(1)

The ‘Radioactivity’ section of Part C of Annex I is deleted.

| (2) | The last two sentences of paragraph 2, Table (A) of Annex II are deleted. [Am. 38] |
| --- | --- |

(2)

The last two sentences of paragraph 2, Table (A) of Annex II are deleted. [Am. 38]

Article 9b

Review of the Annexes

1.
     
  At least every five years, the Commission shall review the annexes in the light of scientific and technical progress. It shall be empowered to adopt delegated acts in accordance with Article 9c to adapt the annexes to reflect such progress.

2.
     
  The Commission shall make public its reasons for deciding whether or not to adapt the annexes, making reference to the scientific reports considered. [Am. 39]

Article 9c

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 the delegated acts referred to in Article 9b shall be conferred on the Commission for a period of five years from ....

   (12)

  The Commission shall draw up a report in respect of the delegated power, not later than nine months before the end of the five-year period. The delegation of powers shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.
     
  The delegation of powers referred to in Article 9b may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.
     
  A delegated act adopted pursuant to Article 9b 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. [Am. 40]

Article 9d

Information and reporting

1.
     
  Member States shall take the measures necessary to ensure that adequate and up-to-date information on the quality of water intended for human consumption is available to consumers and not only when a risk to human health cannot be regarded as trivial.

2.
     
  Each Member State with water systems located in areas that have potential sources of radioactive contamination — man-made or natural — shall include information on the concentrations of radioactive substances in water intended for human consumption in their triennial report on the quality of water intended for human consumption, as referred to in Article 13 of Directive 98/83/EC.

3.
     
  The Commission shall include in its report on the quality of water intended for human consumption in the Community, as referred to in Article 13 of Directive 98/83/EC, the findings of the Member States on radioactive substances in water intended for human consumption. [Am. 41]

Article 10

Transposition

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [one year after the date referred to in Article 11- specific date to be inserted by the Publications Office] ... (13) at the latest. They shall forthwith communicate to the Commission the text of those provisions. [Am. 42]

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.   Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.

Article 11

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 12

Addressees

This Directive is addressed to the Member States.

Done at,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C , , p.


  OJ C 229, 31.7.2012, p. 145.

1

OJ C , , p.

OJ C 229, 31.7.2012, p. 145

(2)  Position of the European Parliament of 12 March 2013.

2

(3)  Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation (OJ L 159, 29.6.1996, p. 1).

3

(4)  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).

4

(5)  Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (OJ L 164, 26.6.2009, p. 45).

5

(6)  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).

6

(7)  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).

7

(8)  Commission Recommendation 2001/928/Euratom of 20 December 2001 on the protection of the public against exposure to radon in drinking water supplies (OJ L 344, 28.12.2001, p. 85).

8

(9)  
  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).

9

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).

(10)  
  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).

10

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).

(11)  
  Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).

11

Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).

(12)  
  Date of entry into force of this Directive.

12

Date of entry into force of this Directive.

(13)  
  Two years
  after the entry into force of this directive.

13

Two years

ANNEX I

Parametric values for radon and tritium and parametric values for Total Indicative Dose, for other radioactive substances, in water intended for human consumption

Radioactivity

| Parameter | Parametric value | Unit | Notes |
| --- | --- | --- | --- |
| Radon

  222 Rn | 100

  20 | Bq/l | |
| Tritium | 100

  20 | Bq/l | |
| Total indicative dose
  (from natural sources) | 0,10 | mSv/year | (Note 1) |
| Total indicative dose (from human activity sources) | 0,01 | mSv/year | |

Parameter

Parametric value

Unit

Notes

Radon

  222 Rn

100

  20

Bq/l

Tritium

100

  20

Bq/l

Total indicative dose
  (from natural sources)

0,10

mSv/year

(Note 1)

Total indicative dose (from human activity sources)

0,01

mSv/year

Note 1: Excluding tritium, potassium - 40, radon and short-lived radon decay products [Am. 43]

ANNEX II

Monitoring of radioactive substances

1.   General principles and monitoring frequencies

A Member State is not required to monitor drinking water for tritium or radioactivity to establish

  and radon with a view to establishing the
  total indicative dose (TID) where it is satisfied on the basis of other monitoring that the levels of both tritium and of the calculated total indicative dose are well below the parametric value. Monitoring drinking water for radon is not required where a Member State is satisfied on the basis of other monitoring that the levels of radon are well below the parametric value. In these cases, it shall communicate the grounds for its decision to the Commission, including the results of the other monitoring carried out

  for natural radioactivity and radioactivity attributable to human activities
  .

Monitoring shall include reference analyses and periodic analyses.

The reference analyses must be conducted as part of the examination of the application for authorisation to distribute drinking water. In the case of already-operating distribution networks, Member States shall set the deadlines within which the analyses must be conducted, on the basis of the volumes of water distributed and the level of potential risk, both for natural radioactivity and the radiological impact of human activities. The reference analyses must enable all the relevant natural and artificial radionuclides to be investigated and quantified.

In the case of natural radiation, the activity of at least the following 9 radionuclides must be quantified: uranium 238, uranium 234, radium 226, radon 222, lead 210, polonium 210, radium 228 (if necessary via its immediate descendant direct, actinium 228), actinium 227 (if necessary via its immediate descendant thorium 227).

In the case of the impact of human activities, potential sources of contamination must be investigated, and a list drawn up of the radionuclides to be checked on the basis of that research. Besides the specific checks arising from the investigations, all reference analyses must include measurement of tritium, carbon 14, strontium 90 and plutonium isotope levels, as well as a gamma spectrometry test to assess the activity levels of the main artificial radionuclides emitting gamma rays (including cobalt 60, iodine 131, caesium 134, caesium 137 and americium 241).

The result of the reference analyses should be used to establish the analysis strategy to be implemented during monitoring periods. Subject to the outcome of the reference analyses, as a result of which the system may be reinforced, the periodic checks shall be conducted at the audit frequency indicated in point 4. [Am. 44]

2.   Radon and Tritium

Monitoring of drinking water for radon or tritium shall be carried out where a source of radon or tritium is present within the catchment and it cannot be shown on the basis of other surveillance programmes or investigations that the level of radon or tritium is well below its parametric indicator value 100 Bq/l. Where monitoring for radon or tritium is required, it shall be carried out at the audit frequency.

3.   Total Indicative Dose

Monitoring of drinking water for Total Indicative Dose (TID) shall be carried out where a source of artificial or enhanced natural radioactivity is present within the catchment and it cannot be shown on basis of other surveillance programmes or investigations that the level of TID is well below its parametric indicator value 0,1 mSv/year. Where monitoring for artificial radionuclide levels is required, it shall be carried out at the audit frequency indicated in the table. Where monitoring for natural radionuclide levels is required, Member States shall define the frequency of the monitoring having regard to all relevant information available on temporal variations of natural radionuclide levels in different types of waters. Depending on the expected variations, monitoring frequency may vary from a single check measurement to the audit frequency. Where only a single check for natural radioactivity is required, a re-check shall be required at least where any change occurs in relation to the supply likely to influence the concentrations of radionuclides in the drinking water.

Where methods for removing radionuclides from drinking water have been applied in order to ensure that a parametric value is not exceeded, monitoring shall be carried out at the audit frequency.

Where results of other surveillance programmes or investigations than those required as provided in the first paragraph of this point are used to ensure compliance with this Directive, the Member State shall communicate the grounds for its decision to the Commission, including the relevant results of these monitoring programmes or investigations. [Am. 45]

4.   The audit frequency of monitoring shall be as set out in the following table:

TABLE

Audit frequency of monitoring for water intended for human consumption supplied from a distribution network

| Volume of water distributed or produced each day within a supply zone
  (Notes 1 and 2)
  m3 | Number of samples
  per year
  (Notes 3) |
| --- | --- |
| ≤ 100 | (Note 4) |
| > 100 ≤ 1 000 | 1 |
| > 1 000 ≤ 10 000 | 1
  - 1 for each 3 300 m3/d and part thereof of the total volume |
| > 10 000 ≤ 100 000 | 3
  - 1 for each 10 000 m3/d and part thereof of the total volume |
| > 100 000 | 10
  - 1 for each 25 000 m3/d and part thereof of the total volume |

Volume of water distributed or produced each day within a supply zone

(Notes 1 and 2)

m3

Number of samples

per year

(Notes 3)

≤ 100

(Note 4)

> 100 ≤ 1 000

1

> 1 000 ≤ 10 000

1

- 1 for each 3 300 m3/d and part thereof of the total volume

> 10 000 ≤ 100 000

3

- 1 for each 10 000 m3/d and part thereof of the total volume

> 100 000

10

- 1 for each 25 000 m3/d and part thereof of the total volume

Note 1: A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and within which water quality may be considered as being approximately uniform.

Note 2: The volumes are calculated as averages taken over a calendar year. A Member State may use the number of inhabitants in a supply zone instead of the volume of water to determine the minimum frequency, assuming a water consumption of 200 l/day/capita
  provided that the water in question is not sold or distributed outside the zone concerned
  . [Am. 46]

Note 3: As far as possible, the number of samples should be distributed equally in time and location.

Note 4: The frequency is to be decided by the Member State concerned.

ANNEX III

Sampling and analysis methods

1.
     
  Natural radioactivity

1.

  1.1.
     Screening for compliance with total indicative dose (TID)
  for natural radioactivity

Member States may use screening methods for gross alpha activity and gross beta activity to monitor for the parametric indicator value for TID, excluding tritium, potassium–40, radon and short-lived radon decay products

  to identify water with a potentially excess TID that requires further analysis
  .
  Member States must demonstrate that the method selected does not produce false negatives (water considered to comply with the TID when its consumption results in dose levels higher than the parametric value of 0,1 mSv/year). The monitoring strategy shall take into account the outcome of the general radioactivity analyses of the water
  . [Am. 47]

If the gross alpha and the gross beta activity are less than 0,1 Bq/l and 1,0 Bq/l respectively, the Member State may assume that the TID is less than the parametric indicator value of 0,1 mSv/year and no radiological investigation is needed unless it is known from other sources of information that specific radionuclides are present in the water supply and are liable to cause a TID in excess of 0,1 mSv/year.

  Member States that wish to make use of screening techniques based on measuring total alpha and total beta activity must pay attention to possible metrological limits (e.g. failure to take into account low energy beta rays), to select correctly the guideline value below which water is considered compliant, in particular for total beta activity, and take account of the cumulated impact of beta and alpha activity
  . [Am. 48]

If the gross alpha activity exceeds 0,1 Bq/l or the gross beta activity exceeds 1,0 Bq/l, analysis for specific radionuclides shall be required. The radionuclides to be measured shall be defined by Member States taking into account all relevant information about likely sources of radioactivity. Since elevated levels of tritium may indicate the presence of other artificial radionuclides, tritium, gross alpha activity and gross beta activity should be measured in the same sample.

In replacement of gross alpha and gross beta activity screening discussed above, Member States may decide to use other reliable screening methods for radionuclides to indicate the presence of radioactivity in drinking water. If one of the activity concentrations exceeds 20 % of its reference concentration or the tritium concentration exceeds its parametric value of 100 Bq/l, an analysis of additional radionuclides shall be required. The radionuclides to be measured shall be defined by Member States taking into account all relevant information about likely sources of radioactivity.

1.1.1.
     
  Selection of the guideline value

With regard to total beta activity and residual total beta activity (following deduction of the potassium-40 component), the use of a guideline value of 1 Bq/l is not necessarily a guarantee of compliance with the parametric value of 0,1 mSv/year. Member States must verify the activity concentration of lead-210 and radium-228, which are two radionuclide beta emitters of high radio-toxicity. For an adult consumer, the TID of 0,1 mSv/year is reached when the activity concentration in water reaches 0,2 Bq/l (cumulative activity of radium-228 and lead-210) — i.e. one fifth of the guideline value of 1 Bq/l; for the critical group of infants aged less than 1 year old, assuming a consumption of 55 cl of water per day, TID is reached when radium-228 activity nears 0,02 Bq/l or lead-210 activity approaches 0,06 Bq/l.

With regard to total alpha activity, Member States must verify the polonium-210 component, as the use of a guideline value of 0,1 Bq/l is not necessarily a guarantee of compliance with the parametric value of 0,01 mSv/year. For the critical group of infants aged less than 1 year old, assuming a consumption of 55 cl of water per day, the TID is exceeded when activity concentration of polonium-210 reaches 0,02 Bq/l, i.e. one fifth of the guideline value of 0,1 Bq/l
  . [Am. 49]

1.1.2.
     
  Factoring-in of cumulative alpha and beta components

The TID derives from the doses generated by all the radionuclides present in water, be these of the alpha or beta type. The overall results of the total alpha and total beta activity rate checks must therefore be taken into account when assessing whether the TID has been exceeded.

Member States shall ensure that the following formula is complied with:

Total alpha activity/total alpha guideline value + total beta activity/total beta guideline value < 1. [Am. 50]

2.

  1.2.
     Calculation of the TID

The TID is the committed effective dose for one year of intake resulting from all the
  natural
  radionuclides whose presence in a water supply has been detected, both of natural and artificial origin, excluding tritium, potassium–40, radon and short-lived radon decay products. The TID shall be calculated from the
  volumetric
  radionuclide concentrations

  activity rates
  and the dose coefficients for adults laid down in Annex III, Table A of Directive 96/29/Euratom or more recent information recognised by the competent authorities in the Member State.
  The calculation shall be performed for the population group most exposed to risk, on the basis of standard consumption rates established by the Commission. For natural radionuclides, the critical group shall be children under the age of one.
  Where the following formula is satisfied, Member States may assume that the TID is less than the parametric indicator value of 0,1 mSv/year and no further investigation shall be required: [Am. 51]

| | (1) |
| --- | --- |

Image

(1)

where

Ci(obs) = observed concentration of radionuclide i

Ci(ref) = reference concentration of radionuclide i

n = number of radionuclides detected.

Where the formula is not satisfied, the parametric value shall only be regarded as having been exceeded if the radionuclides are persistently present at similar activity concentrations for a full year

  additional analyses must be conducted in order to ensure that the result obtained is a representative one
  .
  The checks must be conducted to deadlines that can be shortened to reflect the degree to which the parametric value has been exceeded
  . Member States shall define the extent of resampling necessary
  , and the deadlines to meet,
  to ensure that the measured values are representative for an average activity concentration for a full year

  that the parametric value defined for the TID has in fact been exceeded
  . [Am. 52]

Reference concentrations for radioactivity
  of natural origin
  in drinking water (1)

| Origin | Nuclide | Reference
  concentration | Critical age |
| --- | --- | --- | --- |
| Natural | U-238 (2) | 3,0

  1,47
   Bq/l | < 1 year |
| U-234 (2) | 2,8

  1,35
   Bq/l | < 1 year |
| Ra-226 | 0,5

  0,11
   Bq/l | < 1 year |
| Ra-228 | 0,2

  0,02
   Bq/l | < 1 year |
| Pb-210 | 0,2

  0,06
   Bq/l | < 1 year |
| Po-210 | 0,1

  0,02
   Bq/l | < 1 year |
| Artificial | C-14 | 240 Bq/l | |
| Sr-90 | 4,9 Bq/l | |
| Pu-239/Pu-240 | 0,6 Bq/l | |
| Am-241 | 0,7 Bq/l | |
| Co-60 | 40 Bq/l | |
| Cs-134 | 7,2 Bq/l | |
| Cs-137 | 11 Bq/l | |
| I-131 | 6,2 Bq/l | |

Origin

Nuclide

Reference

concentration

Critical age

Natural

U-238 (2)

3,0

  1,47
   Bq/l

< 1 year

U-234 (2)

2,8

  1,35
   Bq/l

< 1 year

Ra-226

0,5

  0,11
   Bq/l

< 1 year

Ra-228

0,2

  0,02
   Bq/l

< 1 year

Pb-210

0,2

  0,06
   Bq/l

< 1 year

Po-210

0,1

  0,02
   Bq/l

< 1 year

Artificial

C-14

240 Bq/l

Sr-90

4,9 Bq/l

Pu-239/Pu-240

0,6 Bq/l

Am-241

0,7 Bq/l

Co-60

40 Bq/l

Cs-134

7,2 Bq/l

Cs-137

11 Bq/l

I-131

6,2 Bq/l

2a.
     
  Radiological significance of human activity

The radionuclides to be measured shall be defined by Member States on the basis of all the information gathered about potential sources of anthropogenic radiation.

2a.1.
     
  Tritium monitoring

A specific analysis shall be conducted to quantify the level of tritium as part of the reference analysis, and when a periodic check on this parameter is required. An activity concentration in excess of 10 Bq/l is indicative of an anomaly whose origin must be investigated and which may indicate the presence of other artificial radionuclides. The threshold parametric value beyond which the source of the contamination must be investigated and the public informed is 20 Bq/l. The reference concentration corresponding to the parametric value 0,01 mSv/year is 680 Bq/l (500 Bq/l if the fœtus is taken into account).

2a.2.
     
  Calculation of the TID for human activity sources

The TID is the committed effective dose for one year of intake resulting from all the anthropogenic radionuclides whose presence in a drinking-water supply has been detected, including tritium.

The TID shall be calculated from the radionuclide activity concentration and the dose coefficients laid down in Table (A) of Annex III to Directive 96/29/Euratom or more recent information recognised by the competent authorities in the Member State. The calculation shall be performed for the population group most exposed to risk, known as the critical group, on the basis of standard consumption rates established by the Commission.

Member States may use reference concentrations corresponding to the parametric value 0,01 mSv/year being attained. In this case, where the following formula is satisfied, Member States may assume that the parametric value has not been exceeded and that no further investigation is required:

Image

where

Ci(obs) = observed concentration of radionuclide i

Ci(ref) = reference concentration of radionuclide i

n = number of radionuclides detected.

Where this formula is not satisfied, additional analyses must be conducted immediately in order to ensure that the result obtained is a valid one and to establish the source of the pollution. [Am. 54]

Reference concentrations for radioactivity of anthropogenic origin in drinking water

   (3)

| Nuclide | Reference: concentration | Critical age |
| --- | --- | --- |
| H3 | 680 Bq/l/500 Bq/l | 2-7 years old/foetus |
| C-14 | 21 Bq/l | 2-7 years old |
| Sr-90 | 0,22 Bq/l | < 1 year old |
| Pu-239/Pu-240 | 0,012 Bq/l | < 1 year old |
| Am-241 | 0,013 Bq/l | < 1 year old |
| Co-60 | 0,9 Bq/l | < 1 year old |
| Cs-134 | 0,7 Bq/l | Adult |
| Cs-137 | 1,1 Bq/l | Adult |
| I-131 | 0,19 Bq/l | 1-2 years old |

Nuclide

Reference: concentration

Critical age

H3

680 Bq/l/500 Bq/l

2-7 years old/foetus

C-14

21 Bq/l

2-7 years old

Sr-90

0,22 Bq/l

< 1 year old

Pu-239/Pu-240

0,012 Bq/l

< 1 year old

Am-241

0,013 Bq/l

< 1 year old

Co-60

0,9 Bq/l

< 1 year old

Cs-134

0,7 Bq/l

Adult

Cs-137

1,1 Bq/l

Adult

I-131

0,19 Bq/l

1-2 years old

[Am. 55]

3.   Performance characteristics and methods of analysis

For the following radioactivity parameters, the specified performance characteristics are that the method of analysis used must, as a minimum, be capable of measuring concentrations equal to the parametric value with a limit of detection specified.

| Parameters

  Nuclide | Limit of detection
  (Note 1) | Notes |
| --- | --- | --- |
| Radon | 10 Bq/l | Note 2, 3 |
| Tritium | 10 Bq/l | Note 2, 3 |
| Gross

  Total
  alpha

  Gross

  Total
  beta | 0,04 Bq/l
  0,4 Bq/l | Note 2, 4
  Note 2, 4 |
| U-238 | 0,02 Bq/l | Note 2, 6 |
| U-234 | 0,02 Bq/l | Note 2, 6 |
| Ra-226 | 0,04 Bq/l | Note 2 |
| Ra-228 | 0,08

  0,01
  Bq/l | Note 2, 5 |
| Pb-210 | 0,02 Bq/l | Note 2 |
| Po-210 | 0,01 Bq/l | Note 2 |
| C-14 | 20 Bq/l | Note 2 |
| Sr-90 | 0,4

  0,1
  Bq/l | Note 2 |
| Pu-239/Pu-240 | 0,04

  0,01
  Bq/l | Note 2 |
| Am-241 | 0,06

  0,01
  Bq/l | Note 2 |
| Co-60 | 0,5

  0,1
  Bq/l | Note 2 |
| Cs-134 | 0,5

  0,1
  Bq/l | Note 2 |
| Cs-137 | 0,5

  0,1
  Bq/l | Note 2 |
| I-131 | 0,5

  0,1
  Bq/l | Note 2 |
| Note 1: the limit of detection shall be calculated according to ISO 11929-7, Determination of the detection limit and decision thresholds for ionizing radiation measurements-Part 7: Fundamentals and general applications, with probabilities of errors of 1st and 2nd kind of 0,05 each
  Note 2: measurement uncertainties shall be calculated and reported as complete standard uncertainties, or as expanded standard uncertainties with an expansion factor of 1.96, according to the ISO Guide for the Expression of Uncertainty in Measurement (ISO, Geneva 1993, corrected reprint Geneva, 1995)
  Note 3: the limit of detection for radon and for tritium is 10 %

  50 %
  of its parametric value of 100

  20
  Bq/l
  Note 4: the limit of detection for gross

  total
  alpha
  activity
  and
  total

  gross beta activities

  activity
  are 40 % of the screening values of 0,1 and 1,0 Bq/l respectively. <BRK>
  These values can only be used after having established there is no significant contribution from very high toxicity radionuclides (lead 210, radium 228 or polonium 210).



  Note 5: This Limit of Detection applies only to routine screening; for a new water source for which it is plausible that Ra-228 exceeds 20 % of the reference concentration, the limit of detection for the first check shall be 0,02 Bq/l for Ra-228 nuclide specific measurements. This shall also apply where a subsequent re-check is required.

  Note 6: The low value of the specified detection limit for U is due to taking into account the chemotoxicity of uranium. [Am. 56] |

Parameters

  Nuclide

Limit of detection

(Note 1)

Notes

Radon

10 Bq/l

Note 2, 3

Tritium

10 Bq/l

Note 2, 3

Gross

  Total
  alpha

Gross

  Total
  beta

0,04 Bq/l

0,4 Bq/l

Note 2, 4

Note 2, 4

U-238

0,02 Bq/l

Note 2, 6

U-234

0,02 Bq/l

Note 2, 6

Ra-226

0,04 Bq/l

Note 2

Ra-228

0,08

  0,01
  Bq/l

Note 2, 5

Pb-210

0,02 Bq/l

Note 2

Po-210

0,01 Bq/l

Note 2

C-14

20 Bq/l

Note 2

Sr-90

0,4

  0,1
  Bq/l

Note 2

Pu-239/Pu-240

0,04

  0,01
  Bq/l

Note 2

Am-241

0,06

  0,01
  Bq/l

Note 2

Co-60

0,5

  0,1
  Bq/l

Note 2

Cs-134

0,5

  0,1
  Bq/l

Note 2

Cs-137

0,5

  0,1
  Bq/l

Note 2

I-131

0,5

  0,1
  Bq/l

Note 2

Note 1: the limit of detection shall be calculated according to ISO 11929-7, Determination of the detection limit and decision thresholds for ionizing radiation measurements-Part 7: Fundamentals and general applications, with probabilities of errors of 1st and 2nd kind of 0,05 each

Note 2: measurement uncertainties shall be calculated and reported as complete standard uncertainties, or as expanded standard uncertainties with an expansion factor of 1.96, according to the ISO Guide for the Expression of Uncertainty in Measurement (ISO, Geneva 1993, corrected reprint Geneva, 1995)

Note 3: the limit of detection for radon and for tritium is 10 %

  50 %
  of its parametric value of 100

  20
  Bq/l

Note 4: the limit of detection for gross

  total
  alpha
  activity
  and
  total

  gross beta activities

  activity
  are 40 % of the screening values of 0,1 and 1,0 Bq/l respectively. <BRK>
  These values can only be used after having established there is no significant contribution from very high toxicity radionuclides (lead 210, radium 228 or polonium 210).

Note 5: This Limit of Detection applies only to routine screening; for a new water source for which it is plausible that Ra-228 exceeds 20 % of the reference concentration, the limit of detection for the first check shall be 0,02 Bq/l for Ra-228 nuclide specific measurements. This shall also apply where a subsequent re-check is required.

Note 6: The low value of the specified detection limit for U is due to taking into account the chemotoxicity of uranium. [Am. 56]

---

(1)  This table includes the most common natural and artificial radionuclides. Reference concentrations for other radionuclides can be calculated using the dose coefficients for adults laid down in Annex III, Table A of Directive 96/29/Euratom, or more recent information recognised by the competent authorities in the Member State, and by assuming an intake of 730 litres per year.
  The calculation must be performed for the age group most exposed to risk in order to ensure compliance with the total indicative dose of 0,1 mSv, regardless of the age of the consumer. The Commission shall define the water consumption rates for the various age brackets.

(2)  One milligram (mg) of natural uranium contains 12,3 Bq of U-238 and 12,3 Bq of U-234. This table allows only for the radiological properties of uranium, not for its chemical toxicity. [Am. 53]

(3)  
  This table includes the most common artificial radionuclides. Reference concentrations for other radionuclides can be calculated using the dose coefficients laid down in Annex Table (A) of Annex III toDirective 96/29/Euratom, or more recent information recognised by the competent authorities in the Member State concerned. The calculation must be performed for the age group most exposed to risk in order to ensure compliance with the total indicative dose of 0,01 mSv, regardless of the age of the persons consuming the water. The Commission shall define the water consumption rates for the various age brackets.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/210 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/210

---

P7_TA(2013)0069

Economic and budgetary surveillance of Member States with serious difficulties with respect to their financial stability in the euro area ***I

European Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on the strengthening of economic and budgetary surveillance of Member States experiencing or threatened with serious difficulties with respect to their financial stability in the euro area (COM(2011)0819 — C7-0449/2011 — 2011/0385(COD))

(Ordinary legislative procedure: first reading)

(2016/C 036/33)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0819), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0819),

| — | having regard to Article 294(2), and Articles 136 and 121(6) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0449/2011), |
| --- | --- |

—

having regard to Article 294(2), and Articles 136 and 121(6) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0449/2011),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Central Bank of 7 March 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Central Bank of 7 March 2012 (1),

| — | having regard to the undertaking given by the Council representative by letter of 28 February 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 28 February 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0172/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0172/2012),

| 1. | Adopts its position at first reading hereinafter set out (2); |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out (2);

| 2. | Takes note of the Commission statement annexed to this resolution; |
| --- | --- |

2.

Takes note of the Commission statement annexed to this resolution;

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

3.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 141, 17.5.2012, p. 7.

(2)  This position replaces the amendments adopted on 13 June 2012 (Texts adopted, P7_TA(2012)0242).

---

P7_TC1-COD(2011)0385

Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 472/2013.)

---

ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Commission

Once legislation proposed by the Commission on the two-pack is adopted, the Commission intends to take steps in the short-term towards a deep and genuine EMU as outlined in the blueprint. Short-term steps (6 to 12 months) will include:

| — | In its Blueprint for a Deep and Genuine EMU, the Commission considered that, in the medium-term, a redemption fund and eurobills could be possible elements of deep and genuine EMU under certain rigorous conditions. The guiding principle would be that any steps to further mutualisation of risk must go hand-in-hand with greater fiscal discipline and integration. The required deeper integration of financial regulation, fiscal and economic policy and corresponding instruments must be accompanied by commensurate political integration, ensuring democratic legitimacy and accountability.
  The Commission will establish an Expert Group to deepen the analysis on the possible merits, risks, requirements and obstacles of partial substitution of national issuance of debt through joint issuance in the form of a redemption fund and eurobills. The Group will be tasked to thoroughly assess, what could be their features in terms of legal provisions, financial architecture and the necessary complementary economic and budgetary framework. Democratic accountability will be a central issue to be considered.
  The Group will take into account the on-going reform of the European economic and budgetary governance and assess the added value for such instruments in this context. The Group will pay particular attention to recent and on-going reforms, such as the implementation of the two-Pack, the ESM and any other relevant instruments.
  In its analysis the Group will pay particular attention to sustainability of public finances, to the avoidance of moral hazard, as well as to other central issues, such as financial stability, financial integration and monetary policy transmission.
  The members of the Group will be experts in law and economics, public finances, financial markets and sovereign debt management. The Group will be invited to present its final report to the Commission not later than March 2014. The Commission will assess the report and, if appropriate, make proposals before the end of its mandate. |
| --- | --- |

—

In its Blueprint for a Deep and Genuine EMU, the Commission considered that, in the medium-term, a redemption fund and eurobills could be possible elements of deep and genuine EMU under certain rigorous conditions. The guiding principle would be that any steps to further mutualisation of risk must go hand-in-hand with greater fiscal discipline and integration. The required deeper integration of financial regulation, fiscal and economic policy and corresponding instruments must be accompanied by commensurate political integration, ensuring democratic legitimacy and accountability.

The Commission will establish an Expert Group to deepen the analysis on the possible merits, risks, requirements and obstacles of partial substitution of national issuance of debt through joint issuance in the form of a redemption fund and eurobills. The Group will be tasked to thoroughly assess, what could be their features in terms of legal provisions, financial architecture and the necessary complementary economic and budgetary framework. Democratic accountability will be a central issue to be considered.

The Group will take into account the on-going reform of the European economic and budgetary governance and assess the added value for such instruments in this context. The Group will pay particular attention to recent and on-going reforms, such as the implementation of the two-Pack, the ESM and any other relevant instruments.

In its analysis the Group will pay particular attention to sustainability of public finances, to the avoidance of moral hazard, as well as to other central issues, such as financial stability, financial integration and monetary policy transmission.

The members of the Group will be experts in law and economics, public finances, financial markets and sovereign debt management. The Group will be invited to present its final report to the Commission not later than March 2014. The Commission will assess the report and, if appropriate, make proposals before the end of its mandate.

| — | An exploration of further ways within the preventive arm of the Stability and Growth Pact to accommodate under certain conditions, non-recurrent, public investment programmes with a proven impact on the sustainability of public finances made by the Member States in the assessment of their Stability and Convergence Programmes; this will be done in spring-summer 2013 in the context of the publication of its Communication on calendar of convergence towards the Medium-term Objective; |
| --- | --- |

—

An exploration of further ways within the preventive arm of the Stability and Growth Pact to accommodate under certain conditions, non-recurrent, public investment programmes with a proven impact on the sustainability of public finances made by the Member States in the assessment of their Stability and Convergence Programmes; this will be done in spring-summer 2013 in the context of the publication of its Communication on calendar of convergence towards the Medium-term Objective;

| — | After the decision on the next Multi-annual Financial Framework for the EU and before the end of 2013, the Commission will put forward the following proposals to complement the existing framework for economic governance: (i) measures to ensure greater ex-ante coordination of major reform projects and (ii) the creation of a ‘convergence and competitiveness instrument’ to provide financial support for the timely implementation of sustainable growth enhancing structural reforms. This new system, fully in line with the Community method, would build on the existing EU surveillance procedures. It would combine deeper integration of economic policy with financial support and thereby respect the principle according to which steps towards more responsibility and economic discipline are combined with more solidarity. It would in particular aim at enhancing the capacity of a Member State to absorb asymmetric shocks. This instrument would serve as the initial phase towards the establishment of a stronger fiscal capacity. |
| --- | --- |

—

After the decision on the next Multi-annual Financial Framework for the EU and before the end of 2013, the Commission will put forward the following proposals to complement the existing framework for economic governance: (i) measures to ensure greater ex-ante coordination of major reform projects and (ii) the creation of a ‘convergence and competitiveness instrument’ to provide financial support for the timely implementation of sustainable growth enhancing structural reforms. This new system, fully in line with the Community method, would build on the existing EU surveillance procedures. It would combine deeper integration of economic policy with financial support and thereby respect the principle according to which steps towards more responsibility and economic discipline are combined with more solidarity. It would in particular aim at enhancing the capacity of a Member State to absorb asymmetric shocks. This instrument would serve as the initial phase towards the establishment of a stronger fiscal capacity.

| — | Furthermore, the Commission commits to following up in a speedy and comprehensive manner on: (i) its action plan to strengthen the fight against tax fraud and tax evasion, in particular with view to the revision of the directives identified in the action plan as well as on (ii) the measures and proposals announced by the Commission on its 2012 package on the employment and social policy area. |
| --- | --- |

—

Furthermore, the Commission commits to following up in a speedy and comprehensive manner on: (i) its action plan to strengthen the fight against tax fraud and tax evasion, in particular with view to the revision of the directives identified in the action plan as well as on (ii) the measures and proposals announced by the Commission on its 2012 package on the employment and social policy area.

| — | Following the adoption of the Single Supervisory Mechanism, the presentation of a proposal for a Single Resolution Mechanism, which would be in charge of the restructuring and resolution of banks within the Member States participating in the Banking Union; |
| --- | --- |

—

Following the adoption of the Single Supervisory Mechanism, the presentation of a proposal for a Single Resolution Mechanism, which would be in charge of the restructuring and resolution of banks within the Member States participating in the Banking Union;

| — | Before the end of 2013, the presentation of a proposal under Article 138(2) TFEU to establish a unified position to achieve an observer status of the euro area in the IMF executive board, and subsequently for a single seat. |
| --- | --- |

—

Before the end of 2013, the presentation of a proposal under Article 138(2) TFEU to establish a unified position to achieve an observer status of the euro area in the IMF executive board, and subsequently for a single seat.

Building on the short-term steps announced in its Blueprint that can be realised by secondary legislation, the Commission is committed to put forward explicit ideas for Treaty changes in time for a debate before the next European Parliament elections in 2014 with a view to setting the legislative basis for the steps envisaged in the medium-term, which foresees the creation of a substantially reinforced economic and budgetary surveillance and control framework, a further developed European fiscal capacity supporting solidarity and the implementation of sustainable growth enhancing structural reforms, as well as the deeper integration of decision making in policy areas like taxation and labour markets as an important solidarity instrument.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/212 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/212

---

P7_TA(2013)0070

Monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area ***I

European Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area (COM(2011)0821 — C7-0448/2011– 2011/0386(COD))

(Ordinary legislative procedure: first reading)

(2016/C 036/34)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0821), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0821),

| — | having regard to Article 294(2), and Article 136 and Article 121(6) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0448/2011), |
| --- | --- |

—

having regard to Article 294(2), and Article 136 and Article 121(6) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0448/2011),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the French Senate and 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 French Senate and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Central Bank of 7 March 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Central Bank of 7 March 2012 (1),

| — | having regard to the undertaking given by the Council representative by letter of 28 February 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 28 February 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0173/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0173/2012),

| 1. | Adopts its position at first reading hereinafter set out (2); |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out (2);

| 2. | Takes note of the Commission statement annexed to this resolution; |
| --- | --- |

2.

Takes note of the Commission statement annexed to this resolution;

| 3. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

3.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 141, 17.5.2012, p. 7.

(2)  This position replaces the amendments adopted on 13 June 2012 (Texts adopted, P7_TA(2012)0243).

---

P7_TC1-COD(2011)0386

Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 473/2013.)

---

ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Commission

Once legislation proposed by the Commission on the two-pack is adopted, the Commission intends to take steps in the short-term towards a deep and genuine EMU as outlined in the blueprint. Short-term steps (6 to 12 months) will include:

| — | In its Blueprint for a Deep and Genuine EMU, the Commission considered that, in the medium-term, a redemption fund and eurobills could be possible elements of deep and genuine EMU under certain rigorous conditions. The guiding principle would be that any steps to further mutualisation of risk must go hand-in-hand with greater fiscal discipline and integration. The required deeper integration of financial regulation, fiscal and economic policy and corresponding instruments must be accompanied by commensurate political integration, ensuring democratic legitimacy and accountability.
  The Commission will establish an Expert Group to deepen the analysis on the possible merits, risks, requirements and obstacles of partial substitution of national issuance of debt through joint issuance in the form of a redemption fund and eurobills. The Group will be tasked to thoroughly assess, what could be their features in terms of legal provisions, financial architecture and the necessary complementary economic and budgetary framework. Democratic accountability will be a central issue to be considered.
  The Group will take into account the on-going reform of the European economic and budgetary governance and assess the added value for such instruments in this context. The Group will pay particular attention to recent and on-going reforms, such as the implementation of the two-Pack, the ESM and any other relevant instruments.
  In its analysis the Group will pay particular attention to sustainability of public finances, to the avoidance of moral hazard, as well as to other central issues, such as financial stability, financial integration and monetary policy transmission.
  The members of the Group will be experts in law and economics, public finances, financial markets and sovereign debt management. The Group will be invited to present its final report to the Commission not later than March 2014. The Commission will assess the report and, if appropriate, make proposals before the end of its mandate. |
| --- | --- |

—

In its Blueprint for a Deep and Genuine EMU, the Commission considered that, in the medium-term, a redemption fund and eurobills could be possible elements of deep and genuine EMU under certain rigorous conditions. The guiding principle would be that any steps to further mutualisation of risk must go hand-in-hand with greater fiscal discipline and integration. The required deeper integration of financial regulation, fiscal and economic policy and corresponding instruments must be accompanied by commensurate political integration, ensuring democratic legitimacy and accountability.

The Commission will establish an Expert Group to deepen the analysis on the possible merits, risks, requirements and obstacles of partial substitution of national issuance of debt through joint issuance in the form of a redemption fund and eurobills. The Group will be tasked to thoroughly assess, what could be their features in terms of legal provisions, financial architecture and the necessary complementary economic and budgetary framework. Democratic accountability will be a central issue to be considered.

The Group will take into account the on-going reform of the European economic and budgetary governance and assess the added value for such instruments in this context. The Group will pay particular attention to recent and on-going reforms, such as the implementation of the two-Pack, the ESM and any other relevant instruments.

In its analysis the Group will pay particular attention to sustainability of public finances, to the avoidance of moral hazard, as well as to other central issues, such as financial stability, financial integration and monetary policy transmission.

The members of the Group will be experts in law and economics, public finances, financial markets and sovereign debt management. The Group will be invited to present its final report to the Commission not later than March 2014. The Commission will assess the report and, if appropriate, make proposals before the end of its mandate.

| — | An exploration of further ways within the preventive arm of the Stability and Growth Pact to accommodate under certain conditions, non-recurrent, public investment programmes with a proven impact on the sustainability of public finances made by the Member States in the assessment of their Stability and Convergence Programmes; this will be done in spring-summer 2013 in the context of the publication of its Communication on calendar of convergence towards the Medium-term Objective; |
| --- | --- |

—

An exploration of further ways within the preventive arm of the Stability and Growth Pact to accommodate under certain conditions, non-recurrent, public investment programmes with a proven impact on the sustainability of public finances made by the Member States in the assessment of their Stability and Convergence Programmes; this will be done in spring-summer 2013 in the context of the publication of its Communication on calendar of convergence towards the Medium-term Objective;

| — | After the decision on the next Multi-annual Financial Framework for the EU and before the end of 2013, the Commission will put forward the following proposals to complement the existing framework for economic governance: (i) measures to ensure greater ex-ante coordination of major reform projects and (ii) the creation of a ‘convergence and competitiveness instrument’ to provide financial support for the timely implementation of sustainable growth enhancing structural reforms. This new system, fully in line with the Community method, would build on the existing EU surveillance procedures. It would combine deeper integration of economic policy with financial support and thereby respect the principle according to which steps towards more responsibility and economic discipline are combined with more solidarity. It would in particular aim at enhancing the capacity of a Member State to absorb asymmetric shocks. This instrument would serve as the initial phase towards the establishment of a stronger fiscal capacity. |
| --- | --- |

—

After the decision on the next Multi-annual Financial Framework for the EU and before the end of 2013, the Commission will put forward the following proposals to complement the existing framework for economic governance: (i) measures to ensure greater ex-ante coordination of major reform projects and (ii) the creation of a ‘convergence and competitiveness instrument’ to provide financial support for the timely implementation of sustainable growth enhancing structural reforms. This new system, fully in line with the Community method, would build on the existing EU surveillance procedures. It would combine deeper integration of economic policy with financial support and thereby respect the principle according to which steps towards more responsibility and economic discipline are combined with more solidarity. It would in particular aim at enhancing the capacity of a Member State to absorb asymmetric shocks. This instrument would serve as the initial phase towards the establishment of a stronger fiscal capacity.

| — | Furthermore, the Commission commits to following up in a speedy and comprehensive manner on: (i) its action plan to strengthen the fight against tax fraud and tax evasion, in particular with view to the revision of the directives identified in the action plan as well as on (ii) the measures and proposals announced by the Commission on its 2012 package on the employment and social policy area. |
| --- | --- |

—

Furthermore, the Commission commits to following up in a speedy and comprehensive manner on: (i) its action plan to strengthen the fight against tax fraud and tax evasion, in particular with view to the revision of the directives identified in the action plan as well as on (ii) the measures and proposals announced by the Commission on its 2012 package on the employment and social policy area.

| — | Following the adoption of the Single Supervisory Mechanism, the presentation of a proposal for a Single Resolution Mechanism, which would be in charge of the restructuring and resolution of banks within the Member States participating in the Banking Union; |
| --- | --- |

—

Following the adoption of the Single Supervisory Mechanism, the presentation of a proposal for a Single Resolution Mechanism, which would be in charge of the restructuring and resolution of banks within the Member States participating in the Banking Union;

| — | Before the end of 2013, the presentation of a proposal under Article 138(2) TFEU to establish a unified position to achieve an observer status of the euro area in the IMF executive board, and subsequently for a single seat. |
| --- | --- |

—

Before the end of 2013, the presentation of a proposal under Article 138(2) TFEU to establish a unified position to achieve an observer status of the euro area in the IMF executive board, and subsequently for a single seat.

Building on the short-term steps announced in its Blueprint that can be realised by secondary legislation, the Commission is committed to put forward explicit ideas for Treaty changes in time for a debate before the next European Parliament elections in 2014 with a view to setting the legislative basis for the steps envisaged in the medium-term, which foresees the creation of a substantially reinforced economic and budgetary surveillance and control framework, a further developed European fiscal capacity supporting solidarity and the implementation of sustainable growth enhancing structural reforms, as well as the deeper integration of decision making in policy areas like taxation and labour markets as an important solidarity instrument.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/215 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/215

---

P7_TA(2013)0071

European venture capital funds ***I

European Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on European Venture Capital Funds (COM(2011)0860 — C7-0490/2011 — 2011/0417(COD))

(Ordinary legislative procedure: first reading)

(2016/C 036/35)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0860), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0860),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0490/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0490/2011),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 26 April 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 26 April 2012 (1),

| — | having regard to the undertaking given by the Council representative by letter of 12 December 2012 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 12 December 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs (A7-0193/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs (A7-0193/2012),

| 1. | Adopts its position at first reading hereinafter set out (2); |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out (2);

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 191, 29.6.2012, p. 72.

(2)  This position replaces the amendments adopted on 13 September 2012 (Texts adopted, P7_TA(2012)0346).

---

P7_TC1-COD(2011)0417

Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on European venture capital funds

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 345/2013.)

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/216 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/216

---

P7_TA(2013)0072

European social entrepreneurship funds ***I

European Parliament legislative resolution of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on European Social Entrepreneurship Funds (COM(2011)0862 — C7-0489/2011 — 2011/0418(COD))

(Ordinary legislative procedure: first reading)

(2016/C 036/36)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0862), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0862),

| — | having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0489/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0489/2011),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 23 May 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 23 May 2012 (1),

| — | having regard to the undertaking given by the Council representative by letter of 12 December 2012 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 12 December 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Employment and Social Affairs and the Committee on Legal Affairs (A7-0194/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Employment and Social Affairs and the Committee on Legal Affairs (A7-0194/2012),

| 1. | Adopts its position at first reading hereinafter set out (2); |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out (2);

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 229, 31.7.2012, p. 55.

(2)  This position replaces the amendments adopted on 13 September 2012 (Texts adopted, P7_TA(2012)0345).

---

P7_TC1-COD(2011)0418

Position of the European Parliament adopted at first reading on 12 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on European social entrepreneurship funds

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 346/2013.)

---

Wednesday 13 March 2013

| 29.1.2016 | EN | Official Journal of the European Union | C 36/217 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/217

---

P7_TA(2013)0079

System of national and regional accounts ***I

European Parliament legislative resolution of 13 March 2013 on the proposal for a regulation of the European Parliament and of the Council on the European system of national and regional accounts in the European Union (COM(2010)0774 — C7-0010/2011 — 2010/0374(COD))

(Ordinary legislative procedure: first reading)

(2016/C 036/37)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0774), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0774),

| — | having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0010/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0010/2011),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Central Bank of 19 May 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Central Bank of 19 May 2011 (1),

| — | having regard to the undertaking given by the Council representative by letter of 19 December 2012 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 19 December 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Regional Development (A7-0076/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Regional Development (A7-0076/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out;

| 2. | Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
| --- | --- |

2.

Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

| 3. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 203, 9.7.2011, p. 3.

---

P7_TC1-COD(2010)0374

Position of the European Parliament adopted at first reading 13 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the European system of national and regional accounts in the European Union

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 549/2013.)

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/217 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/217

---

P7_TA(2013)0080

Flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations and the European Transport Workers’ Federation on the Maritime Labour Convention ***I

Amendments adopted by the European Parliament on 13 March 2013 on the proposal for a directive of the European Parliament and of the Council concerning flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC (COM(2012)0134 — C7-0083/2012 — 2012/0065(COD)) (1)

(Ordinary legislative procedure: first reading)

(2016/C 036/38)

Amendment 1

Proposal for a directive

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | Although Directive 2009/21/EC governs the flag State responsibilities by incorporating the IMO's flag State audit scheme into Union law and by introducing the certification of quality of national maritime authorities; a separate directive covering the maritime labour standards is deemed more appropriate and clearer to reflect the different purposes and procedures, |

Text proposed by the Commission

Amendment

(10)

Although Directive 2009/21/EC governs the flag State responsibilities by incorporating the IMO's flag State audit scheme into Union law and by introducing the certification of quality of national maritime authorities; a separate directive covering the maritime labour standards is deemed more appropriate and clearer to reflect the different purposes and procedures,

| (10) | Although Directive 2009/21/EC governs the flag State responsibilities by incorporating the IMO's flag State audit scheme into Union law and by introducing the certification of quality of national maritime authorities; a separate directive covering the maritime labour standards is deemed more appropriate and clearer to reflect the different purposes and procedures
  . Therefore
  ,
  Directive 2009/21/EC, the provisions of which apply only to IMO Conventions, should not be affected by the present Directive. In any case, Member States should continue to be able to develop, implement and maintain a quality management system for the operational parts of the flag State-related activities of its maritime administration falling within the scope of this Directive. |
| --- | --- |

(10)

Although Directive 2009/21/EC governs the flag State responsibilities by incorporating the IMO's flag State audit scheme into Union law and by introducing the certification of quality of national maritime authorities; a separate directive covering the maritime labour standards is deemed more appropriate and clearer to reflect the different purposes and procedures
  . Therefore
  ,
  Directive 2009/21/EC, the provisions of which apply only to IMO Conventions, should not be affected by the present Directive. In any case, Member States should continue to be able to develop, implement and maintain a quality management system for the operational parts of the flag State-related activities of its maritime administration falling within the scope of this Directive.

Amendment 2

Proposal for a directive

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | Directive 2009/13/EC applies to seafarers on board ships flying the flag of a Member State. Member States should
  therefore monitor compliance with all the provisions of
  that Directive by ships flying their flag. |

Text proposed by the Commission

Amendment

(11)

Directive 2009/13/EC applies to seafarers on board ships flying the flag of a Member State. Member States should
  therefore monitor compliance with all the provisions of
  that Directive by ships flying their flag.

| (11) | Directive 2009/13/EC applies to seafarers on board ships flying the flag of a Member State. Member States should
  ensure the effective discharge of their obligations as flag States with respect to the implementation of the relevant parts of MLC 2006 which correspond to the elements as set out in the Annex to
  that Directive
  concerning
  ships flying their flag.
  In establishing an effective system for monitoring mechanisms, including inspections, a Member State could grant authorisation to public institutions or other organisations within the meaning of MLC 2006. |
| --- | --- |

(11)

Directive 2009/13/EC applies to seafarers on board ships flying the flag of a Member State. Member States should
  ensure the effective discharge of their obligations as flag States with respect to the implementation of the relevant parts of MLC 2006 which correspond to the elements as set out in the Annex to
  that Directive
  concerning
  ships flying their flag.
  In establishing an effective system for monitoring mechanisms, including inspections, a Member State could grant authorisation to public institutions or other organisations within the meaning of MLC 2006.

Amendment
  3

Proposal for a directive

Recital 13 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (13a) | Under no circumstances should the application and/or interpretation of this Directive lead to a reduction in the level of protection currently enjoyed by workers under Union legislation. |

Text proposed by the Commission

Amendment

(13a)

Under no circumstances should the application and/or interpretation of this Directive lead to a reduction in the level of protection currently enjoyed by workers under Union legislation.

Amendment 4

Proposal for a directive

Article 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| This Directive lays down rules to ensure that Member States effectively discharge their obligations as flag States to monitor compliance of ships flying their flag with Directive 2009/13/EC. This Directive is without prejudice to Directive 2009/21/EC
  of the European Parliament and of the Council
  . | This Directive lays down rules to ensure that Member States effectively discharge their obligations as flag States to monitor compliance of ships flying their flag with Directive 2009/13/EC
  and the Social Partners Agreement annexed thereto
  . This Directive is without prejudice to Directive 2009/21/EC (2). |

Text proposed by the Commission

Amendment

This Directive lays down rules to ensure that Member States effectively discharge their obligations as flag States to monitor compliance of ships flying their flag with Directive 2009/13/EC. This Directive is without prejudice to Directive 2009/21/EC
  of the European Parliament and of the Council
  .

This Directive lays down rules to ensure that Member States effectively discharge their obligations as flag States to monitor compliance of ships flying their flag with Directive 2009/13/EC
  and the Social Partners Agreement annexed thereto
  . This Directive is without prejudice to Directive 2009/21/EC (2).

Amendment 5

Proposal for a directive

Article 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| Definitions | Definitions |
| | (ba) | ‘Directive 2009/13/EC’ means that Directive and the Social Partners Agreement annexed thereto; |

Text proposed by the Commission

Amendment

Definitions

Definitions

(ba)

‘Directive 2009/13/EC’ means that Directive and the Social Partners Agreement annexed thereto;

Amendment
  6

Proposal for a directive

Article 2 — point b b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bb) | ‘maritime labour certificate’, ‘interim maritime labour certificate’ and ‘declaration of maritime labour compliance’ mean respectively the documents referred to in Standard A5.1.3, paragraph 9 of the Maritime Labour Convention, 2006 drawn up in the form corresponding to the models given in Appendix A5-II of that Convention; |

Text proposed by the Commission

Amendment

(bb)

‘maritime labour certificate’, ‘interim maritime labour certificate’ and ‘declaration of maritime labour compliance’ mean respectively the documents referred to in Standard A5.1.3, paragraph 9 of the Maritime Labour Convention, 2006 drawn up in the form corresponding to the models given in Appendix A5-II of that Convention;

Amendment 7

Proposal for a directive

Article 3 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Compliance monitoring | Compliance monitoring
  and certification |

Text proposed by the Commission

Amendment

Compliance monitoring

Compliance monitoring
  and certification

Amendment 8

Proposal for a directive

Article 3 — paragraph - 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | -1.
     
  Each Member State shall ensure the enforcement of the obligations set out in Directive 2009/13/EC on ships that fly its flag. |

Text proposed by the Commission

Amendment

-1.
     
  Each Member State shall ensure the enforcement of the obligations set out in Directive 2009/13/EC on ships that fly its flag.

Amendment 9

Proposal for a directive

Article 3 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  In establishing an effective system for the inspection and certification of maritime labour conditions, Member States may, where appropriate, authorise public institutions or other organisations (including those of another Member State, if the latter agrees) which they recognise to be competent and independent to carry out inspections or to issue certificates or to do both. In all cases, Member States shall remain fully responsible for the inspection and certification of the working and living conditions of the seafarers concerned on ships that fly its flag. |

Text proposed by the Commission

Amendment

1a.
     
  In establishing an effective system for the inspection and certification of maritime labour conditions, Member States may, where appropriate, authorise public institutions or other organisations (including those of another Member State, if the latter agrees) which they recognise to be competent and independent to carry out inspections or to issue certificates or to do both. In all cases, Member States shall remain fully responsible for the inspection and certification of the working and living conditions of the seafarers concerned on ships that fly its flag.

Amendment
  10

Proposal for a directive

Article 3 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  Each Member State shall establish an effective system for the inspection and certification of maritime labour conditions, in accordance with Regulations 5.1.3 and 5.1.4 and Standards A5.1.3 and A5.14 of the Maritime Labour Convention, ensuring that the working and living conditions for seafarers on ships flying its flag meet, and continue to meet, the standards in that Convention. |

Text proposed by the Commission

Amendment

1b.
     
  Each Member State shall establish an effective system for the inspection and certification of maritime labour conditions, in accordance with Regulations 5.1.3 and 5.1.4 and Standards A5.1.3 and A5.14 of the Maritime Labour Convention, ensuring that the working and living conditions for seafarers on ships flying its flag meet, and continue to meet, the standards in that Convention.

Amendment 11

Proposal for a directive

Article 3 — paragraph 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1c.
     
  A maritime labour certificate, complemented by a declaration of maritime labour compliance, shall constitute prima facie evidence that the ship has been duly inspected by the Member State whose flag it flies and that the requirements of Directive 2009/13/EC relating to working and living conditions of the seafarers have been met to the extent certified. |

Text proposed by the Commission

Amendment

1c.
     
  A maritime labour certificate, complemented by a declaration of maritime labour compliance, shall constitute prima facie evidence that the ship has been duly inspected by the Member State whose flag it flies and that the requirements of Directive 2009/13/EC relating to working and living conditions of the seafarers have been met to the extent certified.

Amendment
  12

Proposal for a directive

Article 3 — paragraph 1 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1d.
     
  Information about the system referred to in paragraph 1b of this Article, including the method used for assessing its effectiveness, shall be included in the Member States reports to the International Labour Office pursuant to Article 22 of the Constitution of that Office. |

Text proposed by the Commission

Amendment

1d.
     
  Information about the system referred to in paragraph 1b of this Article, including the method used for assessing its effectiveness, shall be included in the Member States reports to the International Labour Office pursuant to Article 22 of the Constitution of that Office.

Amendment 13

Proposal for a directive

Article 3 — paragraph 1 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1e.
     
  Each Member State shall establish clear objectives and standards covering the administration of its inspection and certification systems, as well as adequate overall procedures for its assessment of the extent to which those objectives and standards are being attained. |

Text proposed by the Commission

Amendment

1e.
     
  Each Member State shall establish clear objectives and standards covering the administration of its inspection and certification systems, as well as adequate overall procedures for its assessment of the extent to which those objectives and standards are being attained.

Amendment 14

Proposal for a directive

Article 3 — paragraph 1 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1f.
     
  Each Member State shall require all ships that fly its flag to have a copy of Directive 2009/13/EC and the Social Partners Agreement annexed thereto available on board. |

Text proposed by the Commission

Amendment

1f.
     
  Each Member State shall require all ships that fly its flag to have a copy of Directive 2009/13/EC and the Social Partners Agreement annexed thereto available on board.

Amendment 15

Proposal for a directive

Article 3 — paragraph 1 g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1 g.
     
  The interval between inspections shall not exceed three years. |

Text proposed by the Commission

Amendment

1 g.
     
  The interval between inspections shall not exceed three years.

Amendment 16

Proposal for a directive

Article 4 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Staff
  in charge of compliance monitoring | Recognised organisations and their staff
  in charge of compliance monitoring |

Text proposed by the Commission

Amendment

Staff
  in charge of compliance monitoring

Recognised organisations and their staff
  in charge of compliance monitoring

Amendment 17

Proposal for a directive

Article 4 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall ensure that staff in charge of verifying the proper implementation of Directive 2009/13/EC has the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out that verification and ensure compliance with that Directive. | 1.
     A Member State shall ensure that the
  institutions or other organisations (‘recognized organisations’) referred to in Article 3(1a) and those members of their
  staff in charge of verifying the proper implementation of Directive 2009/13/EC
  have
  the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out that verification and ensure compliance with that Directive.
  The inspection or certification functions which the recognised organisations may be authorised to carry out shall come within the scope of the activities that are expressly referred to in paragraphs 1b to 1d as carried out by the Member State or a recognised organisation. |

Text proposed by the Commission

Amendment

Member States shall ensure that staff in charge of verifying the proper implementation of Directive 2009/13/EC has the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out that verification and ensure compliance with that Directive.

1.
     A Member State shall ensure that the
  institutions or other organisations (‘recognized organisations’) referred to in Article 3(1a) and those members of their
  staff in charge of verifying the proper implementation of Directive 2009/13/EC
  have
  the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out that verification and ensure compliance with that Directive.
  The inspection or certification functions which the recognised organisations may be authorised to carry out shall come within the scope of the activities that are expressly referred to in paragraphs 1b to 1d as carried out by the Member State or a recognised organisation.

Amendment
  18

Proposal for a directive

Article 4 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The European Maritime Safety Agency (EMSA) may assist Member States in the supervision of recognised organisations performing certification tasks on their behalf in accordance with Article 9 of Directive 2009/15/EC, without prejudice to the rights and obligations of flag States. |

Text proposed by the Commission

Amendment

1a.
     
  The European Maritime Safety Agency (EMSA) may assist Member States in the supervision of recognised organisations performing certification tasks on their behalf in accordance with Article 9 of Directive 2009/15/EC, without prejudice to the rights and obligations of flag States.

Amendment 19

Proposal for a directive

Article 4 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  Any authorisations granted with respect to inspections shall, as a minimum, empower the recognised organisation to require the deficiencies that it identifies in seafarers’ working and living conditions to be rectified and to carry out inspections in this regard at the request of a port State. |

Text proposed by the Commission

Amendment

1b.
     
  Any authorisations granted with respect to inspections shall, as a minimum, empower the recognised organisation to require the deficiencies that it identifies in seafarers’ working and living conditions to be rectified and to carry out inspections in this regard at the request of a port State.

Amendment 20

Proposal for a directive

Article 4 — paragraph 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1c.
     
  Each Member State shall establish: |
| | (a) | a system to ensure the adequacy of work performed by recognised organisations. That system shall include information on all applicable national laws and regulations and relevant international instruments; and |

Text proposed by the Commission

Amendment

1c.
     
  Each Member State shall establish:

(a)

a system to ensure the adequacy of work performed by recognised organisations. That system shall include information on all applicable national laws and regulations and relevant international instruments; and

| (b) | procedures for communication with and oversight of such organizations. |
| --- | --- |

(b)

procedures for communication with and oversight of such organizations.

Amendment 21

Proposal for a directive

Article 4 — paragraph 1 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1d.
     
  Each Member State shall provide the International Labour Office with a current list of any recognised organisations that are authorised to act on its behalf and shall keep this list up to date. The list shall specify the functions that the recognised organisations have been authorised to carry out. |

Text proposed by the Commission

Amendment

1d.
     
  Each Member State shall provide the International Labour Office with a current list of any recognised organisations that are authorised to act on its behalf and shall keep this list up to date. The list shall specify the functions that the recognised organisations have been authorised to carry out.

Amendment 22

Proposal for a directive

Article 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 4a |
| | Maritime Labour Certificate |
| | 4a. Each Member State shall require ships that fly its flag to carry and maintain a maritime labour certificate certifying that the working and living conditions of seafarers on the ship, including the measures for ongoing compliance to be included in the declaration of maritime labour compliance, have been inspected and meet the requirements of national laws or regulations or other measures implementing Directive 2009/13/EC and the Social Partners Agreement annexed thereto. |

Text proposed by the Commission

Amendment

Article 4a

Maritime Labour Certificate

4a. Each Member State shall require ships that fly its flag to carry and maintain a maritime labour certificate certifying that the working and living conditions of seafarers on the ship, including the measures for ongoing compliance to be included in the declaration of maritime labour compliance, have been inspected and meet the requirements of national laws or regulations or other measures implementing Directive 2009/13/EC and the Social Partners Agreement annexed thereto.

Amendment 23

Proposal for a directive

Article 4 b — paragraph 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 4b |
| | Inspection and enforcement |
| | 1.
     
  Each Member State shall verify, through an effective and coordinated system of regular inspections, monitoring and other control measures, that ships that fly its flag comply with the requirements of Directive 2009/13/EC as implemented in national laws and regulations. |

Text proposed by the Commission

Amendment

Article 4b

Inspection and enforcement

1.
     
  Each Member State shall verify, through an effective and coordinated system of regular inspections, monitoring and other control measures, that ships that fly its flag comply with the requirements of Directive 2009/13/EC as implemented in national laws and regulations.

Amendment 24

Proposal for a directive

Article 4 b — paragraph 2 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2.
     
  Detailed requirements regarding the inspection and enforcement system referred to in paragraph 1 are set out in paragraphs 3 to 18 below. |

Text proposed by the Commission

Amendment

2.
     
  Detailed requirements regarding the inspection and enforcement system referred to in paragraph 1 are set out in paragraphs 3 to 18 below.

Amendment 25

Proposal for a directive

Article 4 b — paragraph 3 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3.
     
  Each Member State shall maintain a system of inspection of the conditions for seafarers on ships that fly its flag which shall include verification that the measures relating to working and living conditions, as set out in the declaration of maritime labour compliance, where applicable, are being followed, and that the requirements of Directive 2009/13/EC are met. |

Text proposed by the Commission

Amendment

3.
     
  Each Member State shall maintain a system of inspection of the conditions for seafarers on ships that fly its flag which shall include verification that the measures relating to working and living conditions, as set out in the declaration of maritime labour compliance, where applicable, are being followed, and that the requirements of Directive 2009/13/EC are met.

Amendment 26

Proposal for a directive

Article 4 b — paragraph 4 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4.
     
  A Member State shall appoint a sufficient number of qualified inspectors to fulfil its responsibilities under paragraph 3. Where recognised organisations have been authorised to carry out inspections, a Member State shall require that personnel carrying out the inspection are qualified to undertake these duties and shall provide them with the necessary legal authority to perform their duties. |

Text proposed by the Commission

Amendment

4.
     
  A Member State shall appoint a sufficient number of qualified inspectors to fulfil its responsibilities under paragraph 3. Where recognised organisations have been authorised to carry out inspections, a Member State shall require that personnel carrying out the inspection are qualified to undertake these duties and shall provide them with the necessary legal authority to perform their duties.

Amendment 27

Proposal for a directive

Article 4 b — paragraph 5 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5.
     
  Adequate provision shall be made to ensure that the inspectors have the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out the verification and ensure the compliance referred to in paragraph 3. |

Text proposed by the Commission

Amendment

5.
     
  Adequate provision shall be made to ensure that the inspectors have the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out the verification and ensure the compliance referred to in paragraph 3.

Amendment 28

Proposal for a directive

Article 4 b — paragraph 6 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6.
     
  If a Member State receives a complaint which it does not consider manifestly unfounded or obtains evidence that a ship that flies its flag does not conform to the requirements of Directive 2009/13/EC or that there are serious deficiencies in the implementation of the measures set out in the declaration of maritime labour compliance, the Member State shall take the steps necessary to investigate the matter and to ensure that action is taken to remedy any deficiencies found. |

Text proposed by the Commission

Amendment

6.
     
  If a Member State receives a complaint which it does not consider manifestly unfounded or obtains evidence that a ship that flies its flag does not conform to the requirements of Directive 2009/13/EC or that there are serious deficiencies in the implementation of the measures set out in the declaration of maritime labour compliance, the Member State shall take the steps necessary to investigate the matter and to ensure that action is taken to remedy any deficiencies found.

Amendment 29

Proposal for a directive

Article 4 b — paragraph 7 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7.
     
  Adequate rules shall be provided and effectively enforced by each Member State in order to guarantee that inspectors have the status and conditions of service which ensure that they are independent of changes of government and of improper external influences. |

Text proposed by the Commission

Amendment

7.
     
  Adequate rules shall be provided and effectively enforced by each Member State in order to guarantee that inspectors have the status and conditions of service which ensure that they are independent of changes of government and of improper external influences.

Amendment 30

Proposal for a directive

Article 4 b — paragraph 8 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 8.
     
  Inspectors, issued with clear guidelines as to the tasks to be performed and provided with proper credentials, shall be empowered: |
| | (a) | to board a ship that flies the flag of a Member State; |

Text proposed by the Commission

Amendment

8.
     
  Inspectors, issued with clear guidelines as to the tasks to be performed and provided with proper credentials, shall be empowered:

(a)

to board a ship that flies the flag of a Member State;

| (b) | to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the standards are being strictly observed; and |
| --- | --- |

(b)

to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the standards are being strictly observed; and

| (c) | to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of Directive 2009/13/EC (including seafarers’ rights), or represent a significant danger to seafarers’ safety, health or security, to prohibit a ship from leaving port until necessary actions are taken. |
| --- | --- |

(c)

to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of Directive 2009/13/EC (including seafarers’ rights), or represent a significant danger to seafarers’ safety, health or security, to prohibit a ship from leaving port until necessary actions are taken.

Amendment 31

Proposal for a directive

Article 4 b — paragraph 9 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 9.
     
  Any action taken pursuant to paragraph 8(c) shall be subject to any right of appeal that may exist to a judicial or administrative authority. |

Text proposed by the Commission

Amendment

9.
     
  Any action taken pursuant to paragraph 8(c) shall be subject to any right of appeal that may exist to a judicial or administrative authority.

Amendment 32

Proposal for a directive

Article 4 b — paragraph 10 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 10.
     
  Inspectors shall have the discretion to give advice instead of instituting or recommending proceedings when there is no clear breach of the requirements of Directive 2009/13/EC that endangers the safety, health or security of the seafarers concerned and where there is no prior history of similar breaches. |

Text proposed by the Commission

Amendment

10.
     
  Inspectors shall have the discretion to give advice instead of instituting or recommending proceedings when there is no clear breach of the requirements of Directive 2009/13/EC that endangers the safety, health or security of the seafarers concerned and where there is no prior history of similar breaches.

Amendment 33

Proposal for a directive

Article 4 b — paragraph 11 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 11.
     
  Inspectors shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers’ working and living conditions or a violation of laws and regulations and shall give no intimation to the shipowner, the shipowner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint. |

Text proposed by the Commission

Amendment

11.
     
  Inspectors shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers’ working and living conditions or a violation of laws and regulations and shall give no intimation to the shipowner, the shipowner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.

Amendment 34

Proposal for a directive

Article 4 b — paragraph 12 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 12.
     
  Inspectors shall not be entrusted with duties which might, because of their number or nature, interfere with effective inspection or prejudice in any way their authority or impartiality in their relations with shipowners, seafarers or other interested parties.




  In particular, inspectors shall: |
| | (a) | be prohibited from having any direct or indirect interest in any operation which they are called upon to inspect; and |

Text proposed by the Commission

Amendment

12.
     
  Inspectors shall not be entrusted with duties which might, because of their number or nature, interfere with effective inspection or prejudice in any way their authority or impartiality in their relations with shipowners, seafarers or other interested parties.

In particular, inspectors shall:

(a)

be prohibited from having any direct or indirect interest in any operation which they are called upon to inspect; and

| (b) | without prejudice to appropriate sanctions or disciplinary measures, not reveal, even after leaving service, any commercial secrets or confidential working processes or information of a personal nature which may come to their knowledge in the course of their duties. |
| --- | --- |

(b)

without prejudice to appropriate sanctions or disciplinary measures, not reveal, even after leaving service, any commercial secrets or confidential working processes or information of a personal nature which may come to their knowledge in the course of their duties.

Amendment 35

Proposal for a directive

Article 4 b — paragraph 13 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 13.
     
  Inspectors shall submit a report of each inspection to the competent authority of the Member State. One copy of the report in English or in the working language of the ship shall be furnished to the master of the ship and another copy shall be posted on the ship’s notice board for the information of the seafarers and, upon request, sent to their representatives. |

Text proposed by the Commission

Amendment

13.
     
  Inspectors shall submit a report of each inspection to the competent authority of the Member State. One copy of the report in English or in the working language of the ship shall be furnished to the master of the ship and another copy shall be posted on the ship’s notice board for the information of the seafarers and, upon request, sent to their representatives.

Amendment 36

Proposal for a directive

Article 4 b — paragraph 14 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 14.
     
  The competent authority of each Member State shall maintain records of inspections of the conditions for seafarers on ships that fly its flag. It shall publish an annual report on inspection activities within a reasonable time, not exceeding six months, after the end of the year. |

Text proposed by the Commission

Amendment

14.
     
  The competent authority of each Member State shall maintain records of inspections of the conditions for seafarers on ships that fly its flag. It shall publish an annual report on inspection activities within a reasonable time, not exceeding six months, after the end of the year.

Amendment 37

Proposal for a directive

Article 4 b — paragraph 15 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 15.
     
  In the case of an investigation following a major incident, the report shall be submitted to the competent authority of the Member State concerned as soon as practicable, but not later than one month following the conclusion of the investigation. |

Text proposed by the Commission

Amendment

15.
     
  In the case of an investigation following a major incident, the report shall be submitted to the competent authority of the Member State concerned as soon as practicable, but not later than one month following the conclusion of the investigation.

Amendment 38

Proposal for a directive

Article 4 b — paragraph 16 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 16.
     
  When an inspection is conducted or when measures are taken under this Article, all reasonable efforts shall be made to avoid a ship being unreasonably detained or delayed. |

Text proposed by the Commission

Amendment

16.
     
  When an inspection is conducted or when measures are taken under this Article, all reasonable efforts shall be made to avoid a ship being unreasonably detained or delayed.

Amendment 39

Proposal for a directive

Article 4 b — paragraph 17 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 17.
     
  Compensation shall be payable in accordance with national laws and regulations for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers. The burden of proof in each case shall be on the complainant. |

Text proposed by the Commission

Amendment

17.
     
  Compensation shall be payable in accordance with national laws and regulations for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers. The burden of proof in each case shall be on the complainant.

Amendment 40

Proposal for a directive

Article 4 b — paragraph 18 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 18.
     
  Adequate penalties and other corrective measures for breaches of the requirements of Directive 2009/13/EC (including seafarers’ rights) and for obstructing inspectors in the performance of their duties shall be provided for and effectively enforced by each Member State. |

Text proposed by the Commission

Amendment

18.
     
  Adequate penalties and other corrective measures for breaches of the requirements of Directive 2009/13/EC (including seafarers’ rights) and for obstructing inspectors in the performance of their duties shall be provided for and effectively enforced by each Member State.

Amendment 41

Proposal for a directive

Article 5 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   If a Member State receives a complaint which it does not consider manifestly unfounded
  or
  obtains evidence that a ship that flies its flag does not conform to the requirements of Directive 2009/13/EC or that there are serious deficiencies in its implementing measures, that Member State shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found. | 1.   If a Member State receives a complaint which it does not consider
  to be
  manifestly unfounded
  under international labour law, such as the Maritime Labour Convention, or under Directive 2009/13/EC, it shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found. |
| | If a Member State
  obtains evidence,
  by means of an inspection,
  that a ship that flies its flag does not conform to the requirements of Directive 2009/13/EC or that there are serious deficiencies in its implementing measures, that Member State shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found. |

Text proposed by the Commission

Amendment

1.   If a Member State receives a complaint which it does not consider manifestly unfounded
  or
  obtains evidence that a ship that flies its flag does not conform to the requirements of Directive 2009/13/EC or that there are serious deficiencies in its implementing measures, that Member State shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.

1.   If a Member State receives a complaint which it does not consider
  to be
  manifestly unfounded
  under international labour law, such as the Maritime Labour Convention, or under Directive 2009/13/EC, it shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.

If a Member State
  obtains evidence,
  by means of an inspection,
  that a ship that flies its flag does not conform to the requirements of Directive 2009/13/EC or that there are serious deficiencies in its implementing measures, that Member State shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.

Amendment 42

Proposal for a directive

Article 5 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Personnel
  in charge of dealing with complaints
  shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers' working and living conditions or a violation of laws and regulations and give no intimation to the shipowner, the shipowner's representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint. | 2.   Personnel shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers’ working and living conditions or a violation of laws and regulations and give no intimation to the ship owner, the ship owner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint. |

Text proposed by the Commission

Amendment

2.   Personnel
  in charge of dealing with complaints
  shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers' working and living conditions or a violation of laws and regulations and give no intimation to the shipowner, the shipowner's representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.

2.   Personnel shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers’ working and living conditions or a violation of laws and regulations and give no intimation to the ship owner, the ship owner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.

Amendment 43

Proposal for a directive

Article 5 a — paragraph 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 5a |
| | On-board complaint procedures |
| | 1.
     
  Member States shall require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of Directive 2009/13/EC (including seafarers’ rights). |

Text proposed by the Commission

Amendment

Article 5a

On-board complaint procedures

1.
     
  Member States shall require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of Directive 2009/13/EC (including seafarers’ rights).

Amendment 44

Proposal for a directive

Article 5 a — paragraph 2 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2.
     
  Member States shall prohibit and penalise any kind of victimisation of a seafarer for filing a complaint. |

Text proposed by the Commission

Amendment

2.
     
  Member States shall prohibit and penalise any kind of victimisation of a seafarer for filing a complaint.

Amendment 45

Proposal for a directive

Article 5 a — paragraph 3 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3.
     
  The provisions of this Article are without prejudice to a seafarer’s right to seek redress through whatever legal means the seafarer considers appropriate. |

Text proposed by the Commission

Amendment

3.
     
  The provisions of this Article are without prejudice to a seafarer’s right to seek redress through whatever legal means the seafarer considers appropriate.

Amendment 46

Proposal for a directive

Article 5 a — paragraph 4 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4.
     
  Without prejudice to any wider scope that may be given in national laws or regulations or collective agreements, the on-board procedures may be used by seafarers to lodge complaints relating to any matter that is alleged to constitute a breach of the requirements of Directive 2009/13/EC (including seafarers’ rights). |

Text proposed by the Commission

Amendment

4.
     
  Without prejudice to any wider scope that may be given in national laws or regulations or collective agreements, the on-board procedures may be used by seafarers to lodge complaints relating to any matter that is alleged to constitute a breach of the requirements of Directive 2009/13/EC (including seafarers’ rights).

Amendment 47

Proposal for a directive

Article 5 a — paragraph 5 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5.
     
  Each Member State shall ensure that, in its laws or regulations, appropriate on-board complaint procedures are in place to meet the requirements set out in paragraphs 1 to 3. Such procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities. |

Text proposed by the Commission

Amendment

5.
     
  Each Member State shall ensure that, in its laws or regulations, appropriate on-board complaint procedures are in place to meet the requirements set out in paragraphs 1 to 3. Such procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities.

Amendment 48

Proposal for a directive

Article 5 a — paragraph 6 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6.
     
  The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimisation of seafarers for filing complaints. The term ‘victimisation’ covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is not manifestly vexatious or maliciously made. |

Text proposed by the Commission

Amendment

6.
     
  The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimisation of seafarers for filing complaints. The term ‘victimisation’ covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is not manifestly vexatious or maliciously made.

Amendment 49

Proposal for a directive

Article 5 a — paragraph 7 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7.
     
  In addition to a copy of their seafarers’ employment agreement, all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship. This shall include contact information for the competent authority in the flag State and, where different, in the seafarers’ country of residence, and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship. |

Text proposed by the Commission

Amendment

7.
     
  In addition to a copy of their seafarers’ employment agreement, all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship. This shall include contact information for the competent authority in the flag State and, where different, in the seafarers’ country of residence, and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship.

Amendment 50

Proposal for a directive

Article 5 b — paragraph 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 5b |
| | Labour supplying responsibilities |
| | 1.
     
  Without prejudice to the principle of each Member State’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member State also has a responsibility to ensure the implementation of the requirements of this Article regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory, to the extent that such responsibility is provided for in this Article. |

Text proposed by the Commission

Amendment

Article 5b

Labour supplying responsibilities

1.
     
  Without prejudice to the principle of each Member State’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member State also has a responsibility to ensure the implementation of the requirements of this Article regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory, to the extent that such responsibility is provided for in this Article.

Amendment 51

Proposal for a directive

Article 5 b — paragraph 2 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2.
     
  Each Member State shall enforce the requirements of this Article applicable to the operation and practice of seafarer recruitment and placement services established on its territory through a system of inspection and monitoring and legal proceedings for breaches of licensing and other operational requirements provided for in paragraphs 4 and 6. |

Text proposed by the Commission

Amendment

2.
     
  Each Member State shall enforce the requirements of this Article applicable to the operation and practice of seafarer recruitment and placement services established on its territory through a system of inspection and monitoring and legal proceedings for breaches of licensing and other operational requirements provided for in paragraphs 4 and 6.

Amendment 56

Proposal for a directive

Article 5 b — paragraph 3 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3.
     
  Detailed requirements for the implementation of paragraph 1 are set out in paragraphs 7 to 18 below. |

Text proposed by the Commission

Amendment

3.
     
  Detailed requirements for the implementation of paragraph 1 are set out in paragraphs 7 to 18 below.

Amendment 52

Proposal for a directive

Article 5 b — paragraph 4 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4.
     
  Each Member State that operates a public seafarer recruitment and placement service shall ensure that the service is operated in an orderly manner that protects and promotes seafarers’ employment rights as provided in Directive 2009/13/EC. |

Text proposed by the Commission

Amendment

4.
     
  Each Member State that operates a public seafarer recruitment and placement service shall ensure that the service is operated in an orderly manner that protects and promotes seafarers’ employment rights as provided in Directive 2009/13/EC.

Amendment 57

Proposal for a directive

Article 5 b — paragraph 5 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 5.
     
  Each Member State shall establish an effective inspection and monitoring system for enforcing its responsibilities under this Article to supply labour. |

Text proposed by the Commission

Amendment

5.
     
  Each Member State shall establish an effective inspection and monitoring system for enforcing its responsibilities under this Article to supply labour.

Amendment 53

Proposal for a directive

Article 5 b — paragraph 6 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6.
     
  The competent authority of the Member State concerned shall closely supervise and control all seafarer recruitment and placement services operating in the territory of the Member State concerned. Any licences or certificates or similar authorisations for the operation of private services in the territory are granted or renewed only after verification that the seafarer recruitment and placement service concerned meets the requirements of national laws and regulations. |

Text proposed by the Commission

Amendment

6.
     
  The competent authority of the Member State concerned shall closely supervise and control all seafarer recruitment and placement services operating in the territory of the Member State concerned. Any licences or certificates or similar authorisations for the operation of private services in the territory are granted or renewed only after verification that the seafarer recruitment and placement service concerned meets the requirements of national laws and regulations.

Amendment 58

Proposal for a directive

Article 5 b — paragraph 7 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 7.
     
  Information about the system referred to in paragraph 4, including the method used for assessing its effectiveness, shall be included in the Member State’s reports to the International Labour Office pursuant to Article 22 of the Constitution of that Office. |

Text proposed by the Commission

Amendment

7.
     
  Information about the system referred to in paragraph 4, including the method used for assessing its effectiveness, shall be included in the Member State’s reports to the International Labour Office pursuant to Article 22 of the Constitution of that Office.

Amendment 59

Proposal for a directive

Article 5 b — paragraph 8 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 8.
     
  All seafarers shall have access to an efficient, adequate and accountable system for finding employment on board ship without charge to the seafarer. |

Text proposed by the Commission

Amendment

8.
     
  All seafarers shall have access to an efficient, adequate and accountable system for finding employment on board ship without charge to the seafarer.

Amendment 60

Proposal for a directive

Article 5 b — paragraph 9 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 9.
     
  Seafarer recruitment and placement services operating in a Member State’s territory shall conform to the standards set out in paragraphs 7 to 18. |

Text proposed by the Commission

Amendment

9.
     
  Seafarer recruitment and placement services operating in a Member State’s territory shall conform to the standards set out in paragraphs 7 to 18.

Amendment 61

Proposal for a directive

Article 5 b — paragraph 10 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 10.
     
  Each Member State shall require, in respect of seafarers who work on ships that fly its flag, that shipowners who use seafarer recruitment and placement services that are based in countries or territories in which the Maritime Labour Convention 2006 does not apply, ensure that those services conform to the requirements set out in paragraphs 7 to 18. |

Text proposed by the Commission

Amendment

10.
     
  Each Member State shall require, in respect of seafarers who work on ships that fly its flag, that shipowners who use seafarer recruitment and placement services that are based in countries or territories in which the Maritime Labour Convention 2006 does not apply, ensure that those services conform to the requirements set out in paragraphs 7 to 18.

Amendment 62

Proposal for a directive

Article 5 b — paragraph 11 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 11.
     
  Where a Member State has private seafarer recruitment and placement services operating in its territory the primary purpose of which is the recruitment and placement of seafarers or which recruit and place a significant number of seafarers, they shall be operated only in conformity with a standardised system of licensing or certification or other form of regulation. This system shall be established, modified or changed only after consultation with the shipowners’ and seafarers’ organisations concerned. In the event of doubt as to whether this Article applies to a private recruitment and placement service, the question shall be determined by the competent authority in each Member State after consultation with the shipowners’ and seafarers’ organisations concerned. Undue proliferation of private seafarer recruitment and placement services shall not be encouraged. |

Text proposed by the Commission

Amendment

11.
     
  Where a Member State has private seafarer recruitment and placement services operating in its territory the primary purpose of which is the recruitment and placement of seafarers or which recruit and place a significant number of seafarers, they shall be operated only in conformity with a standardised system of licensing or certification or other form of regulation. This system shall be established, modified or changed only after consultation with the shipowners’ and seafarers’ organisations concerned. In the event of doubt as to whether this Article applies to a private recruitment and placement service, the question shall be determined by the competent authority in each Member State after consultation with the shipowners’ and seafarers’ organisations concerned. Undue proliferation of private seafarer recruitment and placement services shall not be encouraged.

Amendment 63

Proposal for a directive

Article 5 b — paragraph 12 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 12.
     
  The provisions of paragraph 11 shall also apply — to the extent that they are considered to be appropriate by the competent authority of the Member State, in consultation with the shipowners’ and seafarers’ organisations concerned — in the context of recruitment and placement services operated by a seafarers’ organisation in the territory of the Member State for the supply of seafarers who are nationals of that Member State to ships which fly its flag. The services covered by this paragraph are those fulfilling the following conditions: |
| | (a) | the recruitment and placement service is operated pursuant to a collective bargaining agreement between that organisation and a shipowner; |

Text proposed by the Commission

Amendment

12.
     
  The provisions of paragraph 11 shall also apply — to the extent that they are considered to be appropriate by the competent authority of the Member State, in consultation with the shipowners’ and seafarers’ organisations concerned — in the context of recruitment and placement services operated by a seafarers’ organisation in the territory of the Member State for the supply of seafarers who are nationals of that Member State to ships which fly its flag. The services covered by this paragraph are those fulfilling the following conditions:

(a)

the recruitment and placement service is operated pursuant to a collective bargaining agreement between that organisation and a shipowner;

| (b) | both the seafarers’ organisation and the shipowner are based in the territory of the Member State; |
| --- | --- |

(b)

both the seafarers’ organisation and the shipowner are based in the territory of the Member State;

| (c) | the Member State has national laws or regulations or a procedure to authorise or register the collective bargaining agreement permitting the operation of the recruitment and placement service; and |
| --- | --- |

(c)

the Member State has national laws or regulations or a procedure to authorise or register the collective bargaining agreement permitting the operation of the recruitment and placement service; and

| (d) | the recruitment and placement service is operated in an orderly manner and measures are in place to protect and promote seafarers’ employment rights comparable to those provided in paragraph 14. |
| --- | --- |

(d)

the recruitment and placement service is operated in an orderly manner and measures are in place to protect and promote seafarers’ employment rights comparable to those provided in paragraph 14.

Amendment 64

Proposal for a directive

Article 5 b — paragraph 13 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 13.
     
  Nothing in paragraphs 1 to 18 shall be deemed to: |
| | (a) | prevent a Member State from maintaining a free public seafarer recruitment and placement service for seafarers in the framework of a policy to meet the needs of seafarers and shipowners, whether the service forms part of or is coordinated with a public employment service for all workers and employers; or |

Text proposed by the Commission

Amendment

13.
     
  Nothing in paragraphs 1 to 18 shall be deemed to:

(a)

prevent a Member State from maintaining a free public seafarer recruitment and placement service for seafarers in the framework of a policy to meet the needs of seafarers and shipowners, whether the service forms part of or is coordinated with a public employment service for all workers and employers; or

| (b) | impose on a Member State the obligation to establish a system for the operation of private seafarer recruitment or placement services in its territory. |
| --- | --- |

(b)

impose on a Member State the obligation to establish a system for the operation of private seafarer recruitment or placement services in its territory.

Amendment 65

Proposal for a directive

Article 5 b — paragraph 14 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 14.
     
  A Member State adopting a system referred to in paragraph 11 of this Article shall, in its laws and regulations or other measures, at a minimum |
| | (a) | prohibit seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified; |

Text proposed by the Commission

Amendment

14.
     
  A Member State adopting a system referred to in paragraph 11 of this Article shall, in its laws and regulations or other measures, at a minimum

(a)

prohibit seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified;

| (b) | require that no fees or other charges for seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer, other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer’s book and a passport or other similar personal travel documents, not including, however, the cost of visas, which shall be borne by the shipowner; and |
| --- | --- |

(b)

require that no fees or other charges for seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer, other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer’s book and a passport or other similar personal travel documents, not including, however, the cost of visas, which shall be borne by the shipowner; and

| (c) | ensure that seafarer recruitment and placement services operating in its territory:










  (i) | maintain an up-to-date register of all seafarers recruited or placed through them, to be available for inspection by the competent authority of the Member State; |
| --- | --- | --- |

(c)

ensure that seafarer recruitment and placement services operating in its territory:

(i)

maintain an up-to-date register of all seafarers recruited or placed through them, to be available for inspection by the competent authority of the Member State;

| (ii) | make sure that seafarers are informed of their rights and duties under their employment agreements prior to or in the process of engagement and that proper arrangements are made for seafarers to examine their employment agreements before and after they are signed and for them to receive a copy of the agreements; |
| --- | --- |

(ii)

make sure that seafarers are informed of their rights and duties under their employment agreements prior to or in the process of engagement and that proper arrangements are made for seafarers to examine their employment agreements before and after they are signed and for them to receive a copy of the agreements;

| (iii) | verify that seafarers recruited or placed by them are qualified and hold the documents necessary for the job concerned, and that the seafarers’ employment agreements are in accordance with applicable laws and regulations and any collective bargaining agreement that forms part of the employment agreement; |
| --- | --- |

(iii)

verify that seafarers recruited or placed by them are qualified and hold the documents necessary for the job concerned, and that the seafarers’ employment agreements are in accordance with applicable laws and regulations and any collective bargaining agreement that forms part of the employment agreement;

| (iv) | make sure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in a foreign port; |
| --- | --- |

(iv)

make sure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in a foreign port;

| (v) | examine and respond to any complaint concerning their activities and advise the competent authority of the Member State of any unresolved complaint; |
| --- | --- |

(v)

examine and respond to any complaint concerning their activities and advise the competent authority of the Member State of any unresolved complaint;

| (vi) | establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them. |
| --- | --- |

(vi)

establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them.

Amendment 66

Proposal for a directive

Article 5 b — paragraph 15 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 15.
     
  The competent authority of the Member State concerned shall ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of seafarer recruitment and placement services, involving, as appropriate, representatives of shipowners and seafarers. |

Text proposed by the Commission

Amendment

15.
     
  The competent authority of the Member State concerned shall ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of seafarer recruitment and placement services, involving, as appropriate, representatives of shipowners and seafarers.

Amendment 67

Proposal for a directive

Article 5 b — paragraph 16 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 16.
     
  Where a Member State has ratified the Maritime Labour Convention 2006 and a period of 12 months has passed, beginning on the day after registration of its ratification with the Director-General of the International Labour Office, it shall, in so far as practicable, advise its nationals on the possible problems of signing on a ship that flies the flag of a State which has not ratified the Maritime Labour Convention 2006 until it is satisfied that standards equivalent to those fixed by this Article are being applied. Measures taken to this effect by the Member State shall not be in contradiction with the principle of free movement of workers stipulated by the treaties to which the Member State and the other country concerned may be parties. |

Text proposed by the Commission

Amendment

16.
     
  Where a Member State has ratified the Maritime Labour Convention 2006 and a period of 12 months has passed, beginning on the day after registration of its ratification with the Director-General of the International Labour Office, it shall, in so far as practicable, advise its nationals on the possible problems of signing on a ship that flies the flag of a State which has not ratified the Maritime Labour Convention 2006 until it is satisfied that standards equivalent to those fixed by this Article are being applied. Measures taken to this effect by the Member State shall not be in contradiction with the principle of free movement of workers stipulated by the treaties to which the Member State and the other country concerned may be parties.

Amendment 68

Proposal for a directive

Article 5 b — paragraph 17 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 17.
     
  Each Member State to which paragraph 16 applies shall require that shipowners of ships that fly its flag who use seafarer recruitment and placement services based in countries or territories in which the Maritime Labour Convention 2006, does not apply, ensure, as far as practicable, that those services meet the requirements of paragraphs 7 to 18. |

Text proposed by the Commission

Amendment

17.
     
  Each Member State to which paragraph 16 applies shall require that shipowners of ships that fly its flag who use seafarer recruitment and placement services based in countries or territories in which the Maritime Labour Convention 2006, does not apply, ensure, as far as practicable, that those services meet the requirements of paragraphs 7 to 18.

Amendment 69

Proposal for a directive

Article 5 b — paragraph 18 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 18.
     
  Nothing in paragraphs 7 to 18 shall be understood as diminishing the obligations and responsibilities of shipowners or of a Member State with respect to ships that fly its flag. |

Text proposed by the Commission

Amendment

18.
     
  Nothing in paragraphs 7 to 18 shall be understood as diminishing the obligations and responsibilities of shipowners or of a Member State with respect to ships that fly its flag.

Amendment 54

Proposal for a directive

Article 5 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 5c |
| | Rendez-vous clause |
| | From the date of the entry into force of the Agreement, the Commission shall ensure that it is incorporated into Union law and is applied by the Member States. The Commission shall take the necessary measures to that end. |

Text proposed by the Commission

Amendment

Article 5c

Rendez-vous clause

From the date of the entry into force of the Agreement, the Commission shall ensure that it is incorporated into Union law and is applied by the Member States. The Commission shall take the necessary measures to that end.

Amendment
  55

Proposal for a directive

Article 5 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 5d |
| | Reports |
| | Every five years, the Commission shall submit a report to the European Parliament and the Council on the application of this Directive. |
| | The report shall assess the performance of Member States as flag States and propose any additional measures necessary in order to transpose, and ensure compliance with, the Convention. |

Text proposed by the Commission

Amendment

Article 5d

Reports

Every five years, the Commission shall submit a report to the European Parliament and the Council on the application of this Directive.

The report shall assess the performance of Member States as flag States and propose any additional measures necessary in order to transpose, and ensure compliance with, the Convention.

---

(1)  The matter was then referred back to committee pursuant to Rule 57(2), second subparagraph (A7-0037/2013).

(2)  

  OJ L 131, 28.5.2009, p. 132.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/240 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/240

---

P7_TA(2013)0084

Direct payments to farmers under support schemes within the framework of the CAP (Decision on the opening of interinstitutional negotiations)

European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy (COM(2011)0625/3 — C7-0336/2011 — COM(2012)0552 — C7-0311/2012 — 2011/0280(COD) — 2013/2528(RSP))

(2016/C 036/39)

The European Parliament,

| — | having regard to the proposal of the Committee on Agriculture and Rural Development, |
| --- | --- |

—

having regard to the proposal of the Committee on Agriculture and Rural Development,

| — | having regard to Rules 70(2) and 70a of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 70(2) and 70a of its Rules of Procedure,

whereas 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 2014-2020;

decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE

Amendment 1

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common Agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003. In view of the scope of the reform, it is appropriate to repeal Regulation (EC) No 73/2009 and to replace it with a new text. The reform should also
  , as far as possible,
  streamline and simplify provisions. |

Text proposed by the Commission

Amendment

(1)

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common Agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003. In view of the scope of the reform, it is appropriate to repeal Regulation (EC) No 73/2009 and to replace it with a new text. The reform should also
  , as far as possible,
  streamline and simplify provisions.

| (1) | The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common Agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, and (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003. In view of the scope of the reform, it is appropriate to repeal Regulation (EC) No 73/2009 and to replace it with a new text. The reform should also streamline and simplify provisions. |
| --- | --- |

(1)

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common Agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, and (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003. In view of the scope of the reform, it is appropriate to repeal Regulation (EC) No 73/2009 and to replace it with a new text. The reform should also streamline and simplify provisions.

Amendment 2

Proposal for a regulation

Recital 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a) | It is necessary to have a strong CAP, backed by a sufficient budget with a real-terms increase over the period from 2007 to 2013, in order to enable the European Union, at all times, to produce the necessary quantity and variety of high-quality foodstuffs and to help promote employment, conserve and produce environmental goods, combat climate change, and manage territory. The CAP should, furthermore, be based on provisions readily understandable to farmers, other stakeholders, and citizens in general, to ensure transparency of implementation, allow oversight, and reduce costs to operators and administrators. |

Text proposed by the Commission

Amendment

(1a)

It is necessary to have a strong CAP, backed by a sufficient budget with a real-terms increase over the period from 2007 to 2013, in order to enable the European Union, at all times, to produce the necessary quantity and variety of high-quality foodstuffs and to help promote employment, conserve and produce environmental goods, combat climate change, and manage territory. The CAP should, furthermore, be based on provisions readily understandable to farmers, other stakeholders, and citizens in general, to ensure transparency of implementation, allow oversight, and reduce costs to operators and administrators.

Amendment 3

Proposal for a regulation

Recital 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1b) | One of the core objectives and key requirements of the CAP reform is the reduction of the administrative burden. This aim should be taken firmly into account when shaping the relevant provisions for the direct support scheme. The number of support schemes should not exceed the extent necessary and farmers and Member States should be able to fulfil respective requirements and obligations without excessive bureaucracy. Practice-oriented levels of tolerance, reasonable de minimis limits and an appropriate balance between trust and control should be used to reduce the future administrative burden of Member States and the beneficiaries. |

Text proposed by the Commission

Amendment

(1b)

Amendment 4

Proposal for a regulation

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | In order to take into account new legislation on support schemes that may be adopted after the entry into force of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of amending the list of support schemes
  covered by
  this Regulation. |

Text proposed by the Commission

Amendment

(8)

In order to take into account new legislation on support schemes that may be adopted after the entry into force of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of amending the list of support schemes
  covered by
  this Regulation.

| (8) | In order to take into account new legislation on support schemes that may be adopted after the entry into force of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of amending the list of support schemes
  set out in Annex I to
  this Regulation. |
| --- | --- |

(8)

In order to take into account new legislation on support schemes that may be adopted after the entry into force of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of amending the list of support schemes
  set out in Annex I to
  this Regulation.

Amendment 5

Proposal for a regulation

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | In order to take into account specific new elements and to guarantee the protection of the rights of beneficiaries, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  for the purpose of laying down further definitions regarding the access to support under this Regulation,
  establishing the
  framework within
  which Member States shall define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation as well as the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in the state suitable for production
  and the criteria to determine the predominance of grasses and other herbaceous forage as regards permanent grassland
  . |

Text proposed by the Commission

Amendment

(9)

In order to take into account specific new elements and to guarantee the protection of the rights of beneficiaries, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  for the purpose of laying down further definitions regarding the access to support under this Regulation,
  establishing the
  framework within
  which Member States shall define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation as well as the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in the state suitable for production
  and the criteria to determine the predominance of grasses and other herbaceous forage as regards permanent grassland
  .

| (9) | In order to take into account specific new elements and to guarantee the protection of the rights of beneficiaries, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in respect of
  establishing the
  criteria with
  which Member States shall define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation as well as the
  framework within which Member States are to define
  criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in the state suitable for production. |
| --- | --- |

(9)

In order to take into account specific new elements and to guarantee the protection of the rights of beneficiaries, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in respect of
  establishing the
  criteria with
  which Member States shall define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation as well as the
  framework within which Member States are to define
  criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in the state suitable for production.

Amendment 6

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | In order to guarantee the protection of the rights of beneficiaries the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of adopting of rules on the basis for calculation of reductions to be applied by Member States to farmers pursuant to the application of the financial discipline. |

Text proposed by the Commission

Amendment

(10)

In order to guarantee the protection of the rights of beneficiaries the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of adopting of rules on the basis for calculation of reductions to be applied by Member States to farmers pursuant to the application of the financial discipline.

deleted

Amendment 7

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | Experience from the application of the various support schemes for farmers has shown that support was in a number of cases granted to
  beneficiaries
  whose business purpose was not or only marginally targeted at an agricultural activity, such as airports,
  railway companies,
  real estate companies
  and
  companies managing sport grounds.
  To ensure the better targeting of support, Member States should refrain from granting direct payments to such natural and legal persons
  . Smaller part-time farmers contribute directly to the vitality of rural areas, for that reason they should not be prevented from being granted direct payments. |

Text proposed by the Commission

Amendment

(13)

Experience from the application of the various support schemes for farmers has shown that support was in a number of cases granted to
  beneficiaries
  whose business purpose was not or only marginally targeted at an agricultural activity, such as airports,
  railway companies,
  real estate companies
  and
  companies managing sport grounds.
  To ensure the better targeting of support, Member States should refrain from granting direct payments to such natural and legal persons
  . Smaller part-time farmers contribute directly to the vitality of rural areas, for that reason they should not be prevented from being granted direct payments.

| (13) | Experience from the application of the various support schemes for farmers has shown that support was in a number of cases granted to
  natural and legal persons
  whose business purpose was not or only marginally targeted at an agricultural activity
  . To ensure the better targeting of support and to reflect national situations as closely as possible
  ,
  it is important that responsibility for the definition of an ‘active farmer’ be given to the Member States. They should thus refrain from granting direct payments to entities
  such as
  transport companies,
  airports, real estate companies, companies managing sport grounds
  , campsite operators and mining companies; unless such entities can prove that they meet the criteria for definition as active farmers
  . Smaller part-time farmers contribute directly to the vitality of rural areas, for that reason they should not be prevented from being granted direct payments. |
| --- | --- |

(13)

Experience from the application of the various support schemes for farmers has shown that support was in a number of cases granted to
  natural and legal persons
  whose business purpose was not or only marginally targeted at an agricultural activity
  . To ensure the better targeting of support and to reflect national situations as closely as possible
  ,
  it is important that responsibility for the definition of an ‘active farmer’ be given to the Member States. They should thus refrain from granting direct payments to entities
  such as
  transport companies,
  airports, real estate companies, companies managing sport grounds
  , campsite operators and mining companies; unless such entities can prove that they meet the criteria for definition as active farmers
  . Smaller part-time farmers contribute directly to the vitality of rural areas, for that reason they should not be prevented from being granted direct payments.

Amendment 8

Proposal for a regulation

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | The distribution of direct income support among farmers is characterised by the allocation of disproportionate amounts of payments to a rather small number of large beneficiaries. Due to economies of size, larger beneficiaries do not require the same level of unitary support for the objective of income support to be efficiently achieved. Moreover, the potential to adapt makes it easier for larger beneficiaries to operate with lower levels of unitary support. It is therefore fair to introduce a system for large beneficiaries where the support level is gradually reduced and ultimately capped to improve the distribution of payments between farmers. Such system should however take into account
  salaried
  labour
  intensity
  to avoid disproportionate effects on large farms with high employment numbers. Those maximum levels should not apply to payments granted to agricultural practices beneficial for the climate and the environment since the beneficial objectives they pursue could be diminished as a result. In order to make capping effective, Member States should establish some criteria in order to avoid abusive operations by farmers seeking to evade its effects. The proceeds of the reduction and capping of payments to large beneficiaries should remain in the Member States where they were generated and should be used for financing projects with a significant contribution to innovation under Regulation (EU) No [...] of the European Parliament and of the Council of....on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [RDR]. |

Text proposed by the Commission

Amendment

(15)

The distribution of direct income support among farmers is characterised by the allocation of disproportionate amounts of payments to a rather small number of large beneficiaries. Due to economies of size, larger beneficiaries do not require the same level of unitary support for the objective of income support to be efficiently achieved. Moreover, the potential to adapt makes it easier for larger beneficiaries to operate with lower levels of unitary support. It is therefore fair to introduce a system for large beneficiaries where the support level is gradually reduced and ultimately capped to improve the distribution of payments between farmers. Such system should however take into account
  salaried
  labour
  intensity
  to avoid disproportionate effects on large farms with high employment numbers. Those maximum levels should not apply to payments granted to agricultural practices beneficial for the climate and the environment since the beneficial objectives they pursue could be diminished as a result. In order to make capping effective, Member States should establish some criteria in order to avoid abusive operations by farmers seeking to evade its effects. The proceeds of the reduction and capping of payments to large beneficiaries should remain in the Member States where they were generated and should be used for financing projects with a significant contribution to innovation under Regulation (EU) No [...] of the European Parliament and of the Council of....on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [RDR].

| (15) | The distribution of direct income support among farmers is characterised by the allocation of disproportionate amounts of payments to a rather small number of large beneficiaries. Due to economies of size, larger beneficiaries do not require the same level of unitary support for the objective of income support to be efficiently achieved. Moreover, the potential to adapt makes it easier for larger beneficiaries to operate with lower levels of unitary support. It is therefore fair to introduce a system for large beneficiaries where the support level is gradually reduced and ultimately capped to improve the distribution of payments between farmers. Such
  a
  system should however take into account labour
  employed, including salaries and contractor costs,
  to avoid disproportionate effects on large farms with high employment numbers. Those maximum levels should not apply to payments granted to agricultural practices beneficial for the climate and the environment since the beneficial objectives they pursue could be diminished as a result. In order to make capping effective, Member States should establish some criteria in order to avoid abusive operations by farmers seeking to evade its effects. The proceeds of the reduction and capping of payments to large beneficiaries should remain in the Member States where they were generated and should be used for financing projects with a significant contribution to innovation
  and rural development
  under Regulation (EU) No [...] of the European Parliament and of the Council of....on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [RDR]
  . It will then be possible for Member States to allocate the sums generated by the capping to larger beneficiaries, who were subject to the capping exercise, for purposes of investment in innovation
  . |
| --- | --- |

(15)

The distribution of direct income support among farmers is characterised by the allocation of disproportionate amounts of payments to a rather small number of large beneficiaries. Due to economies of size, larger beneficiaries do not require the same level of unitary support for the objective of income support to be efficiently achieved. Moreover, the potential to adapt makes it easier for larger beneficiaries to operate with lower levels of unitary support. It is therefore fair to introduce a system for large beneficiaries where the support level is gradually reduced and ultimately capped to improve the distribution of payments between farmers. Such
  a
  system should however take into account labour
  employed, including salaries and contractor costs,
  to avoid disproportionate effects on large farms with high employment numbers. Those maximum levels should not apply to payments granted to agricultural practices beneficial for the climate and the environment since the beneficial objectives they pursue could be diminished as a result. In order to make capping effective, Member States should establish some criteria in order to avoid abusive operations by farmers seeking to evade its effects. The proceeds of the reduction and capping of payments to large beneficiaries should remain in the Member States where they were generated and should be used for financing projects with a significant contribution to innovation
  and rural development
  under Regulation (EU) No [...] of the European Parliament and of the Council of....on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [RDR]
  . It will then be possible for Member States to allocate the sums generated by the capping to larger beneficiaries, who were subject to the capping exercise, for purposes of investment in innovation
  .

Amendment 9

Proposal for a regulation

Recital 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| (20) | In order to ensure a better distribution of support amongst agricultural land in the Union, including in those Member States which applied the single area payment scheme established under Regulation (EC) No 73/2009, a new basic payment scheme should replace the single payment scheme established under 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, and continued under Regulation (EC) No 73/2009, which combined previously existing support mechanisms into a single scheme of decoupled direct payments.
  Such a move
  should
  entail the expiry of payment entitlements obtained under those Regulations and the allocation of new ones
  ,
  although still based on the number of eligible hectares at the disposal of farmers in the first year of implementation of the scheme
  . |

Text proposed by the Commission

Amendment

(20)

In order to ensure a better distribution of support amongst agricultural land in the Union, including in those Member States which applied the single area payment scheme established under Regulation (EC) No 73/2009, a new basic payment scheme should replace the single payment scheme established under 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, and continued under Regulation (EC) No 73/2009, which combined previously existing support mechanisms into a single scheme of decoupled direct payments.
  Such a move
  should
  entail the expiry of payment entitlements obtained under those Regulations and the allocation of new ones
  ,
  although still based on the number of eligible hectares at the disposal of farmers in the first year of implementation of the scheme
  .

| (20) | In order to ensure a better distribution of support amongst agricultural land in the Union, including in those Member States which applied the single area payment scheme established under Regulation (EC) No 73/2009, a new basic payment scheme should replace the single payment scheme established under 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, and continued under Regulation (EC) No 73/2009, which combined previously existing support mechanisms into a single scheme of decoupled direct payments.
  Member States
  should
  modify their existing support systems in order to align them with this Regulation
  ,
  without necessarily abolishing their current direct payments models
  . |
| --- | --- |

(20)

In order to ensure a better distribution of support amongst agricultural land in the Union, including in those Member States which applied the single area payment scheme established under Regulation (EC) No 73/2009, a new basic payment scheme should replace the single payment scheme established under 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, and continued under Regulation (EC) No 73/2009, which combined previously existing support mechanisms into a single scheme of decoupled direct payments.
  Member States
  should
  modify their existing support systems in order to align them with this Regulation
  ,
  without necessarily abolishing their current direct payments models
  .

Amendment 139

Proposal for a regulation

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | Due
  to the
  successive integration of various sectors into the single payment scheme and the ensuing period of adjustment granted to farmers, it has become increasingly difficult to justify the presence of significant individual differences in the
  level of
  support
  per hectare
  resulting from use of historical references. Therefore direct income support should be more equitably distributed between
  Member States
  , by reducing the link to historical references and having regard to the overall context of the Union budget. To ensure a more equal distribution
  of direct
  support, while taking account
  of the
  differences that still exist in wage levels and input costs, the levels of direct support per hectare should be progressively adjusted.
  Member States
  with direct payments below
  the level
  of 90 % of the average should close one third
  of the
  gap between their current level and this level. This convergence
  should be
  financed proportionally by all Member States with direct payments above the Union average. In addition, all payment entitlements activated in 2019 in a
  Member State
  or in a region should have a uniform unit value following a convergence towards this value that should take place during the transition period in linear steps. However, in order to avoid disruptive financial consequences for farmers,
  Member States
  having used the single
  payment
  scheme, and in particular the historical model, should be allowed to partially take historical factors into account when calculating the value of payment entitlements in the first year of application of the new scheme. The debate on the next Multiannual Financial Framework for the period starting in 2021
  should
  also focus on the objective of complete convergence through the equal distribution of
  direct
  support across the European
  Union
  during that period
  . |

Text proposed by the Commission

Amendment

(21)

Due
  to the
  successive integration of various sectors into the single payment scheme and the ensuing period of adjustment granted to farmers, it has become increasingly difficult to justify the presence of significant individual differences in the
  level of
  support
  per hectare
  resulting from use of historical references. Therefore direct income support should be more equitably distributed between
  Member States
  , by reducing the link to historical references and having regard to the overall context of the Union budget. To ensure a more equal distribution
  of direct
  support, while taking account
  of the
  differences that still exist in wage levels and input costs, the levels of direct support per hectare should be progressively adjusted.
  Member States
  with direct payments below
  the level
  of 90 % of the average should close one third
  of the
  gap between their current level and this level. This convergence
  should be
  financed proportionally by all Member States with direct payments above the Union average. In addition, all payment entitlements activated in 2019 in a
  Member State
  or in a region should have a uniform unit value following a convergence towards this value that should take place during the transition period in linear steps. However, in order to avoid disruptive financial consequences for farmers,
  Member States
  having used the single
  payment
  scheme, and in particular the historical model, should be allowed to partially take historical factors into account when calculating the value of payment entitlements in the first year of application of the new scheme. The debate on the next Multiannual Financial Framework for the period starting in 2021
  should
  also focus on the objective of complete convergence through the equal distribution of
  direct
  support across the European
  Union
  during that period
  .

| (21) | In addition
  to the
  convergence of support payments at national and regional levels, the national envelopes for direct payments should also be adjusted so that in Member States with a current
  level of
  direct payments
  per hectare
  below 70 % of the Union average, that shortfall is reduced by 30 %. In
  Member States
  with a level
  of direct
  payments between 70 % and 80 %
  of the
  average, the shortfall should be reduced by 25 %, and in those
  Member States
  where
  the level
  is more than 80 %
  of the
  average it
  should be
  reduced by 10 %. Following application of these mechanisms, the level received should not, in any
  Member State
  , be less than 55 % of the Union average in 2014 and 75 % of the Union average in 2019. In the case of
  Member States
  with
  payment
  levels above the Union average, the convergence effort should not pull those levels below the average. The convergence
  should
  be financed proportionally by all Member States with
  direct
  payments above the
  Union
  average
  . |
| --- | --- |

(21)

In addition
  to the
  convergence of support payments at national and regional levels, the national envelopes for direct payments should also be adjusted so that in Member States with a current
  level of
  direct payments
  per hectare
  below 70 % of the Union average, that shortfall is reduced by 30 %. In
  Member States
  with a level
  of direct
  payments between 70 % and 80 %
  of the
  average, the shortfall should be reduced by 25 %, and in those
  Member States
  where
  the level
  is more than 80 %
  of the
  average it
  should be
  reduced by 10 %. Following application of these mechanisms, the level received should not, in any
  Member State
  , be less than 55 % of the Union average in 2014 and 75 % of the Union average in 2019. In the case of
  Member States
  with
  payment
  levels above the Union average, the convergence effort should not pull those levels below the average. The convergence
  should
  be financed proportionally by all Member States with
  direct
  payments above the
  Union
  average
  .

Amendment 11

Proposal for a regulation

Recital 21 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (21a) | In addition to the convergence of support payments at national and regional levels, the national envelopes for direct payments should also be adjusted so that in Member States with a current level of direct payments per hectare that is below 70 % of the Union average, that shortfall is reduced by 30 %. In Member States with a level of direct payments between 70 % and 80 % of the average, the shortfall should be reduced by 25 %, and in those Member States where the level is more than 80 % of the average it should be reduced by 10 %. After those adjustments have been made, the level received should not, in any Member State, be less than 65 % of the Union average. In the case of Member States with payment levels above the Union average, the convergence effort should not result in those levels falling below the average. The convergence should be financed proportionally by all Member States with direct payments above the Union average. |

Text proposed by the Commission

Amendment

(21a)

In addition to the convergence of support payments at national and regional levels, the national envelopes for direct payments should also be adjusted so that in Member States with a current level of direct payments per hectare that is below 70 % of the Union average, that shortfall is reduced by 30 %. In Member States with a level of direct payments between 70 % and 80 % of the average, the shortfall should be reduced by 25 %, and in those Member States where the level is more than 80 % of the average it should be reduced by 10 %. After those adjustments have been made, the level received should not, in any Member State, be less than 65 % of the Union average. In the case of Member States with payment levels above the Union average, the convergence effort should not result in those levels falling below the average. The convergence should be financed proportionally by all Member States with direct payments above the Union average.

Amendment 12

Proposal for a regulation

Recital 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (22) | The experience gained with the application of the single payment scheme shows that some of its main elements should be kept, including the determination of national ceilings to ensure that the total level of support does not exceed current budgetary constraints. Member States should also continue to operate a national reserve that should be used to facilitate the participation of young
  new
  farmers in the scheme or may be used to take account of specific needs in certain regions. Rules on the transfer and use of payment entitlements should be kept but, where possible, simplified. |

Text proposed by the Commission

Amendment

(22)

The experience gained with the application of the single payment scheme shows that some of its main elements should be kept, including the determination of national ceilings to ensure that the total level of support does not exceed current budgetary constraints. Member States should also continue to operate a national reserve that should be used to facilitate the participation of young
  new
  farmers in the scheme or may be used to take account of specific needs in certain regions. Rules on the transfer and use of payment entitlements should be kept but, where possible, simplified.

| (22) | The experience gained with the application of the single payment scheme shows that some of its main elements should be kept, including the determination of national ceilings to ensure that the total level of support does not exceed current budgetary constraints. Member States should also continue to operate
  , at least in the first year of the new basic payment scheme,
  a national reserve
  which can be administered regionally
  that should be used to facilitate the participation of young farmers
  and new farmers
  in the scheme or may be used to take account of specific needs in certain regions. Rules on the transfer and use of payment entitlements should be kept but, where possible, simplified. |
| --- | --- |

(22)

The experience gained with the application of the single payment scheme shows that some of its main elements should be kept, including the determination of national ceilings to ensure that the total level of support does not exceed current budgetary constraints. Member States should also continue to operate
  , at least in the first year of the new basic payment scheme,
  a national reserve
  which can be administered regionally
  that should be used to facilitate the participation of young farmers
  and new farmers
  in the scheme or may be used to take account of specific needs in certain regions. Rules on the transfer and use of payment entitlements should be kept but, where possible, simplified.

Amendment 13

Proposal for a regulation

Recital 22 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (22a) | Member States should be allowed to fix a reduction coefficient, which could be fixed at a zero value in order to have the opportunity to reduce the eligible areas with lower yield potential or for specific productions. |

Text proposed by the Commission

Amendment

(22a)

Member States should be allowed to fix a reduction coefficient, which could be fixed at a zero value in order to have the opportunity to reduce the eligible areas with lower yield potential or for specific productions.

Amendment 14

Proposal for a regulation

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | In order to guarantee the protection of the rights of beneficiaries and in order to clarify the specific situations that may arise in the application of the basic payment scheme, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of adopting rules on eligibility and the access in respect of the basic payment scheme of farmers in case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination and in the case of merger or scission of the holding; adopting rules on the calculation of the value and number or on the increase in the value of payment entitlements in relation to the allocation of payment entitlements, including rules on the possibility of a provisional value and number or of a provisional increase of payment entitlements allocated on the basis of the application from the farmer, on the conditions for establishing the provisional and definitive value and number of the payment entitlements and on the cases where a sale or lease contract could affect the allocation of payment entitlements; adopting rules on the establishment and calculation of the value and number of payment entitlements received from the national reserve; adopting rules on the modification of the unit value of payment entitlements in the case of fractions of payment entitlements and criteria for the allocation of payment entitlements pursuant to the use of the national reserve and to farmers who did not apply for support in 2011. |

Text proposed by the Commission

Amendment

(23)

In order to guarantee the protection of the rights of beneficiaries and in order to clarify the specific situations that may arise in the application of the basic payment scheme, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of adopting rules on eligibility and the access in respect of the basic payment scheme of farmers in case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination and in the case of merger or scission of the holding; adopting rules on the calculation of the value and number or on the increase in the value of payment entitlements in relation to the allocation of payment entitlements, including rules on the possibility of a provisional value and number or of a provisional increase of payment entitlements allocated on the basis of the application from the farmer, on the conditions for establishing the provisional and definitive value and number of the payment entitlements and on the cases where a sale or lease contract could affect the allocation of payment entitlements; adopting rules on the establishment and calculation of the value and number of payment entitlements received from the national reserve; adopting rules on the modification of the unit value of payment entitlements in the case of fractions of payment entitlements and criteria for the allocation of payment entitlements pursuant to the use of the national reserve and to farmers who did not apply for support in 2011.

| (23) | In order to guarantee the protection of the rights of beneficiaries and in order to clarify the specific situations that may arise in the application of the basic payment scheme, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of adopting rules on eligibility and the access in respect of the basic payment scheme of farmers in case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination and in the case of merger or scission of the holding; adopting rules on the calculation of the value and number or on the increase in the value of payment entitlements in relation to the allocation of payment entitlements, including rules on the possibility of a provisional value and number or of a provisional increase of payment entitlements allocated on the basis of the application from the farmer, on the conditions for establishing the provisional and definitive value and number of the payment entitlements and on the cases where a sale or lease contract could affect the allocation of payment entitlements; adopting rules on the establishment and calculation of the value and number of payment entitlements received from the national reserve; adopting rules on the modification of the unit value of payment entitlements in the case of fractions of payment entitlements and criteria for the allocation of payment entitlements pursuant to the use of the national reserve and to farmers who did not apply for support in
  the period from 2009 to
  2011. |
| --- | --- |

(23)

In order to guarantee the protection of the rights of beneficiaries and in order to clarify the specific situations that may arise in the application of the basic payment scheme, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of adopting rules on eligibility and the access in respect of the basic payment scheme of farmers in case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination and in the case of merger or scission of the holding; adopting rules on the calculation of the value and number or on the increase in the value of payment entitlements in relation to the allocation of payment entitlements, including rules on the possibility of a provisional value and number or of a provisional increase of payment entitlements allocated on the basis of the application from the farmer, on the conditions for establishing the provisional and definitive value and number of the payment entitlements and on the cases where a sale or lease contract could affect the allocation of payment entitlements; adopting rules on the establishment and calculation of the value and number of payment entitlements received from the national reserve; adopting rules on the modification of the unit value of payment entitlements in the case of fractions of payment entitlements and criteria for the allocation of payment entitlements pursuant to the use of the national reserve and to farmers who did not apply for support in
  the period from 2009 to
  2011.

Amendment 15

Proposal for a regulation

Recital 24 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (24a) | Member States should be allowed to decide to use a part of their national ceilings to grant a complementary annual payment in respect of the first hectares to farmers in order to better take into consideration the diversity of farms with regard to their economic size, to their choice of production and to employment. |

Text proposed by the Commission

Amendment

(24a)

Member States should be allowed to decide to use a part of their national ceilings to grant a complementary annual payment in respect of the first hectares to farmers in order to better take into consideration the diversity of farms with regard to their economic size, to their choice of production and to employment.

Amendment 16

Proposal for a regulation

Recital 26

| Text proposed by the Commission | Amendment |
| --- | --- |
| (26) | One of the objectives of the new CAP is the enhancement of environmental performance
  through a mandatory ‘greening’ component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the Union
  . For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment
  , on top of the basic payment,
  for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practises should take the form of simple, generalised, non-contractual and annual actions that go beyond cross-compliance and are linked to agriculture such as crop diversification, maintenance of permanent grassland and ecological focus areas.
  The compulsory nature of those practises should also concern farmers whose holdings are fully or partly situated in ‘Natura 2000’ areas covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as long as these practises are compatible with the objectives of those Directives.
  Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 should benefit from the ‘greening’ component without fulfilling any further obligation
  , given the recognised environmental benefits of the organic farming systems
  .
  Non-respect of the ‘greening’ component should lead to penalties on the basis of Article 65 of Regulation (EU) No [...] [HZR]. |

Text proposed by the Commission

Amendment

(26)

One of the objectives of the new CAP is the enhancement of environmental performance
  through a mandatory ‘greening’ component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the Union
  . For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment
  , on top of the basic payment,
  for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practises should take the form of simple, generalised, non-contractual and annual actions that go beyond cross-compliance and are linked to agriculture such as crop diversification, maintenance of permanent grassland and ecological focus areas.
  The compulsory nature of those practises should also concern farmers whose holdings are fully or partly situated in ‘Natura 2000’ areas covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as long as these practises are compatible with the objectives of those Directives.
  Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 should benefit from the ‘greening’ component without fulfilling any further obligation
  , given the recognised environmental benefits of the organic farming systems
  .
  Non-respect of the ‘greening’ component should lead to penalties on the basis of Article 65 of Regulation (EU) No [...] [HZR].

| (26) | One of the objectives of the new CAP is the enhancement of environmental performance. For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practices should take the form of simple, generalised, non-contractual and annual actions that go beyond cross-compliance and are linked to agriculture such as crop diversification, maintenance of permanent grassland
  and permanent pasture
  and ecological focus areas. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91,
  beneficiaries of agri-environment-climatic payments established pursuant to Article 29 of Regulation (EU) No [...] [RDR] and farmers whose holdings are situated in ‘Natura 2000’ areas
  should benefit from the ‘greening’ component without fulfilling any further obligation.
  On certain conditions, farmers whose holding is certified under national environmental certification schemes should also be able to benefit from the ‘greening’ component. Farmers should be exempted from the obligation of crop diversification and from the obligations linked to ecological focus areas, where at least 75 % of their farm is covered by permanent grassland or permanent pasture or crops under water. This exemption should only apply where the arable land of the remaining eligible agricultural land does not exceed 50 hectares. |
| --- | --- |

(26)

One of the objectives of the new CAP is the enhancement of environmental performance. For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practices should take the form of simple, generalised, non-contractual and annual actions that go beyond cross-compliance and are linked to agriculture such as crop diversification, maintenance of permanent grassland
  and permanent pasture
  and ecological focus areas. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91,
  beneficiaries of agri-environment-climatic payments established pursuant to Article 29 of Regulation (EU) No [...] [RDR] and farmers whose holdings are situated in ‘Natura 2000’ areas
  should benefit from the ‘greening’ component without fulfilling any further obligation.
  On certain conditions, farmers whose holding is certified under national environmental certification schemes should also be able to benefit from the ‘greening’ component. Farmers should be exempted from the obligation of crop diversification and from the obligations linked to ecological focus areas, where at least 75 % of their farm is covered by permanent grassland or permanent pasture or crops under water. This exemption should only apply where the arable land of the remaining eligible agricultural land does not exceed 50 hectares.

Amendment 17

Proposal for a regulation

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | In order to ensure that the land under permanent grassland is maintained as such by
  the farmers
  , the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of rules concerning the application of the measure. |

Text proposed by the Commission

Amendment

(28)

In order to ensure that the land under permanent grassland is maintained as such by
  the farmers
  , the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of rules concerning the application of the measure.

| (28) | In order to ensure that the land under permanent grassland
  and permanent pasture
  is maintained as such by
  Member States
  , the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of rules concerning the application of the measure. |
| --- | --- |

(28)

In order to ensure that the land under permanent grassland
  and permanent pasture
  is maintained as such by
  Member States
  , the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of rules concerning the application of the measure.

Amendment 18

Proposal for a regulation

Recital 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| (29) | In order to ensure the implementation of the ecological focus area measure in an efficient and coherent way, while taking into account Member States' specificities, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  for the purpose
  of the further definition of the types of ecological focus areas mentioned under that measure
  and
  the addition and definition of other types of ecological focus areas that can be taken into account for the respect of the percentage referred to in that measure. |

Text proposed by the Commission

Amendment

(29)

In order to ensure the implementation of the ecological focus area measure in an efficient and coherent way, while taking into account Member States' specificities, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  for the purpose
  of the further definition of the types of ecological focus areas mentioned under that measure
  and
  the addition and definition of other types of ecological focus areas that can be taken into account for the respect of the percentage referred to in that measure.

| (29) | In order to ensure the implementation of the ecological focus area measure in an efficient and coherent way, while taking into account Member States' specificities, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in respect
  of the further definition of the types of ecological focus areas mentioned under that measure, the addition and definition of other types of ecological focus areas that can be taken into account for the respect of the percentage referred to in that measure
  and to lay down an Union-wide framework of weighting coefficients for calculating the hectares represented by various types of ecological focus areas. |
| --- | --- |

(29)

In order to ensure the implementation of the ecological focus area measure in an efficient and coherent way, while taking into account Member States' specificities, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in respect
  of the further definition of the types of ecological focus areas mentioned under that measure, the addition and definition of other types of ecological focus areas that can be taken into account for the respect of the percentage referred to in that measure
  and to lay down an Union-wide framework of weighting coefficients for calculating the hectares represented by various types of ecological focus areas.

Amendment 104

Proposal for a regulation

Recital 29 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (29a) | In order to improve the environment, combat climate change and improve agronomic conditions, the Commission should, without delay, submit a strategic plan for the supply of vegetable proteins, which will also enable the Union to reduce its very heavy dependence on external sources of supply. The plan should provide for more oil-protein crops and legumes to be grown under the common agricultural policy and should encourage agronomic research into suitable and productive varieties. |

Text proposed by the Commission

Amendment

(29a)

In order to improve the environment, combat climate change and improve agronomic conditions, the Commission should, without delay, submit a strategic plan for the supply of vegetable proteins, which will also enable the Union to reduce its very heavy dependence on external sources of supply. The plan should provide for more oil-protein crops and legumes to be grown under the common agricultural policy and should encourage agronomic research into suitable and productive varieties.

Amendment 19

Proposal for a regulation

Recital 33

| Text proposed by the Commission | Amendment |
| --- | --- |
| (33) | Member States should be allowed to use part of their national ceilings for direct payments for coupled support in certain sectors in clearly defined cases. The resources that may be used for any coupled support should be limited to an appropriate level, while allowing such support to be granted in Member States or in their specific regions facing particular situations where specific types of farming or specific agricultural sectors are particularly important for economic, environmental and/or social reasons. Member States should be allowed to use up to
  5 %
  of their national ceilings for this support
  , or 10 % in case their level of coupled support in at least one of the years of the period 2010-2013 exceeded 5 %. However, in duly justified cases where certain sensitive needs in a region are demonstrated, and upon approval by the Commission, Member States should be allowed to use more than 10 % of their national ceiling
  . Coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of production in those regions. This support should also be available to farmers holding, on 31 December 2013, special payment entitlements allocated under Regulation (EC) No 1782/2003 and Regulation (EC) No 73/2009 and who do not have eligible hectares for the activation of payment entitlements. As regards the approval of voluntary coupled support exceeding 10 % of the annual national ceiling fixed per Member State, the Commission
  should further be empowered to adopt implementing acts without applying Regulation (EU) No 182/2011
  . |

Text proposed by the Commission

Amendment

(33)

Member States should be allowed to use part of their national ceilings for direct payments for coupled support in certain sectors in clearly defined cases. The resources that may be used for any coupled support should be limited to an appropriate level, while allowing such support to be granted in Member States or in their specific regions facing particular situations where specific types of farming or specific agricultural sectors are particularly important for economic, environmental and/or social reasons. Member States should be allowed to use up to
  5 %
  of their national ceilings for this support
  , or 10 % in case their level of coupled support in at least one of the years of the period 2010-2013 exceeded 5 %. However, in duly justified cases where certain sensitive needs in a region are demonstrated, and upon approval by the Commission, Member States should be allowed to use more than 10 % of their national ceiling
  . Coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of production in those regions. This support should also be available to farmers holding, on 31 December 2013, special payment entitlements allocated under Regulation (EC) No 1782/2003 and Regulation (EC) No 73/2009 and who do not have eligible hectares for the activation of payment entitlements. As regards the approval of voluntary coupled support exceeding 10 % of the annual national ceiling fixed per Member State, the Commission
  should further be empowered to adopt implementing acts without applying Regulation (EU) No 182/2011
  .

| (33) | Member States should be allowed to use part of their national ceilings for direct payments for coupled support in certain sectors in clearly defined cases. The resources that may be used for any coupled support should be limited to an appropriate level, while allowing such support to be granted in Member States or in their specific regions facing particular situations where specific types of farming or specific agricultural sectors are particularly important for economic, environmental and/or social reasons. Member States should be allowed to use up to
  15 %
  of their national ceilings for this support.
  This percentage may be increased by three percentage points for those Member States which decide to use at least 3 % of their national ceiling in order to support the production of protein crops.
  Coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of production in those regions,
  except where the purpose of the support is environmental
  . This support should also be available to farmers holding, on 31 December 2013, special payment entitlements allocated under Regulation (EC) No 1782/2003 and Regulation (EC) No 73/2009 and who do not have eligible hectares for the activation of payment entitlements. As regards the approval of voluntary coupled support, the
  power to adopt delegated acts should be assigned to the
  Commission
  in accordance with Article 290 TFEU
  . |
| --- | --- |

(33)

Member States should be allowed to use part of their national ceilings for direct payments for coupled support in certain sectors in clearly defined cases. The resources that may be used for any coupled support should be limited to an appropriate level, while allowing such support to be granted in Member States or in their specific regions facing particular situations where specific types of farming or specific agricultural sectors are particularly important for economic, environmental and/or social reasons. Member States should be allowed to use up to
  15 %
  of their national ceilings for this support.
  This percentage may be increased by three percentage points for those Member States which decide to use at least 3 % of their national ceiling in order to support the production of protein crops.
  Coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of production in those regions,
  except where the purpose of the support is environmental
  . This support should also be available to farmers holding, on 31 December 2013, special payment entitlements allocated under Regulation (EC) No 1782/2003 and Regulation (EC) No 73/2009 and who do not have eligible hectares for the activation of payment entitlements. As regards the approval of voluntary coupled support, the
  power to adopt delegated acts should be assigned to the
  Commission
  in accordance with Article 290 TFEU
  .

Amendment 20

Proposal for a regulation

Recital 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| (38) | A simple and specific scheme for small farmers
  should be put in place
  in order to reduce the administrative costs linked to the management and control of direct support. For that purpose, a lump-sum payment replacing all direct payments
  should be established
  .
  Rules
  seeking simplification of formalities
  should
  be introduced by reducing, amongst others, the obligations imposed on small farmers such as those related to the application for support, to agricultural practices beneficial for the climate and the environment, to cross-compliance and to controls as laid down in Regulation (EU) No [...] [HZR] without endangering the achievement of the overall objectives of the reform, it being understood that Union legislation as referred to in Annex II to Regulation (EU) No [...] [HZR] applies to small farmers. The objective of that scheme should be to support the existing agricultural structure of small farms in the Union without countering the development towards more competitive structures. For that reason, access to the scheme should be limited to existing holdings. |

Text proposed by the Commission

Amendment

(38)

A simple and specific scheme for small farmers
  should be put in place
  in order to reduce the administrative costs linked to the management and control of direct support. For that purpose, a lump-sum payment replacing all direct payments
  should be established
  .
  Rules
  seeking simplification of formalities
  should
  be introduced by reducing, amongst others, the obligations imposed on small farmers such as those related to the application for support, to agricultural practices beneficial for the climate and the environment, to cross-compliance and to controls as laid down in Regulation (EU) No [...] [HZR] without endangering the achievement of the overall objectives of the reform, it being understood that Union legislation as referred to in Annex II to Regulation (EU) No [...] [HZR] applies to small farmers. The objective of that scheme should be to support the existing agricultural structure of small farms in the Union without countering the development towards more competitive structures. For that reason, access to the scheme should be limited to existing holdings.

| (38) | Member States should be allowed to put in place
  a simple and specific scheme for small farmers in order to reduce the administrative costs linked to the management and control of direct support. For that purpose,
  Member States should be allowed to establish
  a lump-sum payment
  or a fix annual payment per beneficiary
  replacing all direct payments.
  Farmers with annual payments of not more than EUR 1 500 should be automatically included in that scheme. It should be possible for rules
  seeking simplification of formalities
  to
  be introduced by reducing, amongst others, the obligations imposed on small farmers such as those related to the application for support, to agricultural practices beneficial for the climate and the environment, to cross-compliance and to controls as laid down in Regulation (EU) No [...] [HZR] without endangering the achievement of the overall objectives of the reform, it being understood that Union legislation as referred to in Annex II to Regulation (EU) No [...] [HZR] applies to small farmers. The objective of that scheme should be to support the existing agricultural structure of small farms in the Union without countering the development towards more competitive structures. For that reason, access to the scheme should be limited to existing holdings. |
| --- | --- |

(38)

Member States should be allowed to put in place
  a simple and specific scheme for small farmers in order to reduce the administrative costs linked to the management and control of direct support. For that purpose,
  Member States should be allowed to establish
  a lump-sum payment
  or a fix annual payment per beneficiary
  replacing all direct payments.
  Farmers with annual payments of not more than EUR 1 500 should be automatically included in that scheme. It should be possible for rules
  seeking simplification of formalities
  to
  be introduced by reducing, amongst others, the obligations imposed on small farmers such as those related to the application for support, to agricultural practices beneficial for the climate and the environment, to cross-compliance and to controls as laid down in Regulation (EU) No [...] [HZR] without endangering the achievement of the overall objectives of the reform, it being understood that Union legislation as referred to in Annex II to Regulation (EU) No [...] [HZR] applies to small farmers. The objective of that scheme should be to support the existing agricultural structure of small farms in the Union without countering the development towards more competitive structures. For that reason, access to the scheme should be limited to existing holdings.

Amendment 21

Proposal for a regulation

Recital 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| (40) | In the interest of simplification and to take into account the specific situation of the outermost regions, direct payments in those regions should be managed within the support programmes established by Regulation (EC) No 247/2006. As a consequence, provisions in this Regulation relating to the basic payment scheme and related payments and to coupled support should not apply to those regions. |

Text proposed by the Commission

Amendment

(40)

In the interest of simplification and to take into account the specific situation of the outermost regions, direct payments in those regions should be managed within the support programmes established by Regulation (EC) No 247/2006. As a consequence, provisions in this Regulation relating to the basic payment scheme and related payments and to coupled support should not apply to those regions.

| (40) | In the interest of simplification and to take into account the specific situation of the outermost regions, direct payments in those regions should be managed within the support programmes established by Regulation (EC) No 247/2006. As a consequence, provisions in this Regulation relating to the basic payment scheme and related payments and to coupled support should not apply to those regions.
  However, an assessment should be made of the impact that any changes to this Regulation could have on those regions. |
| --- | --- |

(40)

In the interest of simplification and to take into account the specific situation of the outermost regions, direct payments in those regions should be managed within the support programmes established by Regulation (EC) No 247/2006. As a consequence, provisions in this Regulation relating to the basic payment scheme and related payments and to coupled support should not apply to those regions.
  However, an assessment should be made of the impact that any changes to this Regulation could have on those regions.

Amendment 22

Proposal for a regulation

Recital 40 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (40a) | In certain isolated areas, the diversity of the farming sector coupled with the presence of inefficient production systems justifies the use of specific agricultural policy instruments, with which the Union has sufficient experience, in order to make the sector more marked-oriented, to reduce the impact on the environment through the abandonment of farming activity and to preserve rural communities in accordance with the sustainability objective. Specific arrangements for those island territories of the Union which have similar features to territories in which such agricultural policy instruments have proven a success should be studied in depth. |

Text proposed by the Commission

Amendment

(40a)

In certain isolated areas, the diversity of the farming sector coupled with the presence of inefficient production systems justifies the use of specific agricultural policy instruments, with which the Union has sufficient experience, in order to make the sector more marked-oriented, to reduce the impact on the environment through the abandonment of farming activity and to preserve rural communities in accordance with the sustainability objective. Specific arrangements for those island territories of the Union which have similar features to territories in which such agricultural policy instruments have proven a success should be studied in depth.

Amendment 23

Proposal for a regulation

Recital 43

| Text proposed by the Commission | Amendment |
| --- | --- |
| (43) | With a view to strengthening their rural development policy, Member States should be given the possibility to transfer funds from their direct payments ceiling to their support assigned for rural development. At the same time, Member States where the level of direct support remains lower than 90 % of the Union average level of support should be given the possibility to transfer funds from their support assigned for rural development to their direct payments ceiling. Such choices should be made, within certain limits,
  once
  and
  for the whole period of application of this Regulation. |

Text proposed by the Commission

Amendment

(43)

With a view to strengthening their rural development policy, Member States should be given the possibility to transfer funds from their direct payments ceiling to their support assigned for rural development. At the same time, Member States where the level of direct support remains lower than 90 % of the Union average level of support should be given the possibility to transfer funds from their support assigned for rural development to their direct payments ceiling. Such choices should be made, within certain limits,
  once
  and
  for the whole period of application of this Regulation.

| (43) | With a view to strengthening their rural development policy, Member States should be given the possibility to transfer funds from their direct payments ceiling to their support assigned for rural development.
  All Member States should be able to supplement the transfer by a sum proportional to the unspent monies for ‘greening’, so as to provide additional support for agro-environmental climate measures.
  At the same time, Member States where the level of direct support remains lower than 90 % of the Union average level of support should be given the possibility to transfer funds from their support assigned for rural development to their direct payments ceiling. Such choices should be made, within certain limits, and
  should be reviewed either by 1 August 2015 or by 1 August 2017. |
| --- | --- |

(43)

With a view to strengthening their rural development policy, Member States should be given the possibility to transfer funds from their direct payments ceiling to their support assigned for rural development.
  All Member States should be able to supplement the transfer by a sum proportional to the unspent monies for ‘greening’, so as to provide additional support for agro-environmental climate measures.
  At the same time, Member States where the level of direct support remains lower than 90 % of the Union average level of support should be given the possibility to transfer funds from their support assigned for rural development to their direct payments ceiling. Such choices should be made, within certain limits, and
  should be reviewed either by 1 August 2015 or by 1 August 2017.

Amendment 24

Proposal for a regulation

Article 1 — paragraph 1 — point b — point iii а (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iiia) | a new Union-funded scheme of payments for bee colonies in the apiculture sector; |

Text proposed by the Commission

Amendment

(iiia)

a new Union-funded scheme of payments for bee colonies in the apiculture sector;

Amendment 25

Proposal for a regulation

Article 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall be empowered to adopt delegated acts in accordance with Article 55
  for the purpose of
  amending the list of support schemes set out in Annex I. | In order to ensure legal certainty,
  the Commission shall be empowered to adopt delegated acts in accordance with Article 55 amending the list of support schemes set out in Annex I
  to the extent necessary to take into account changes introduced by new legislative acts on support schemes adopted after the entry into force of this Regulation. |

Text proposed by the Commission

Amendment

The Commission shall be empowered to adopt delegated acts in accordance with Article 55
  for the purpose of
  amending the list of support schemes set out in Annex I.

In order to ensure legal certainty,
  the Commission shall be empowered to adopt delegated acts in accordance with Article 55 amending the list of support schemes set out in Annex I
  to the extent necessary to take into account changes introduced by new legislative acts on support schemes adopted after the entry into force of this Regulation.

Amendment 26

Proposal for a regulation

Article 4 — paragraph 1 — point c — indent 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes, |

Text proposed by the Commission

Amendment

—

rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes,

| — | agricultural production that includes
  rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes, |
| --- | --- |

—

agricultural production that includes
  rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes,

Amendment 27

Proposal for a regulation

Article 4 — paragraph 1 — point c — indent 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | maintaining the agricultural area in a state which makes it suitable for grazing or cultivation
  without any particular preparatory action going beyond traditional agricultural methods and machineries, or |

Text proposed by the Commission

Amendment

—

maintaining the agricultural area in a state which makes it suitable for grazing or cultivation
  without any particular preparatory action going beyond traditional agricultural methods and machineries, or

| — | maintaining the agricultural area in a state which makes it suitable for grazing or cultivation
  , subject, in the case of agricultural areas naturally kept in such a state, to the establishment of a minimum activity by Member States; |
| --- | --- |

—

maintaining the agricultural area in a state which makes it suitable for grazing or cultivation
  , subject, in the case of agricultural areas naturally kept in such a state, to the establishment of a minimum activity by Member States;

Amendment 28

Proposal for a regulation

Article 4 — paragraph 1 — point c — indent 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | carrying out a minimum activity to be established by Member States on agricultural areas naturally kept in a state suitable for grazing or cultivation; |

Text proposed by the Commission

Amendment

—

carrying out a minimum activity to be established by Member States on agricultural areas naturally kept in a state suitable for grazing or cultivation;

| — | carrying out a minimum activity
  , based where appropriate on a minimum stocking density,
  to be established by Member States, on agricultural areas naturally kept in a state suitable for grazing or cultivation; |
| --- | --- |

—

carrying out a minimum activity
  , based where appropriate on a minimum stocking density,
  to be established by Member States, on agricultural areas naturally kept in a state suitable for grazing or cultivation;

Amendment 29

Proposal for a regulation

Article 4 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | ‘agricultural area’ means any area taken up by arable land, permanent grassland or permanent crops; |

Text proposed by the Commission

Amendment

(e)

‘agricultural area’ means any area taken up by arable land, permanent grassland or permanent crops;

| (e) | ‘agricultural area’ means any area taken up by arable land, permanent grassland
  and permanent pasture
  or permanent crops; |
| --- | --- |

(e)

‘agricultural area’ means any area taken up by arable land, permanent grassland
  and permanent pasture
  or permanent crops;

Amendment 30

Proposal for a regulation

Article 4 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | ‘permanent crops’ means non-rotational crops other than permanent grassland that occupy the land for five years or longer and yield repeated harvests, including nurseries, and short rotation coppice; |

Text proposed by the Commission

Amendment

(g)

‘permanent crops’ means non-rotational crops other than permanent grassland that occupy the land for five years or longer and yield repeated harvests, including nurseries, and short rotation coppice;

| (g) | ‘permanent crops’ means non-rotational crops other than permanent grassland
  and permanent pasture
  that occupy the land for five years or longer and yield repeated harvests, including nurseries,
  traditional orchards
  and short rotation coppice; |
| --- | --- |

(g)

‘permanent crops’ means non-rotational crops other than permanent grassland
  and permanent pasture
  that occupy the land for five years or longer and yield repeated harvests, including nurseries,
  traditional orchards
  and short rotation coppice;

Amendment 31

Proposal for a regulation

Article 4 — paragraph 1 — point h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (h) | ‘permanent grassland’ means land used to grow
  grasses or other
  herbaceous forage naturally (self-seeded) or through cultivation (sown) and that
  has not been
  included in the crop rotation of the holding for
  five
  years or longer; it may include other
  species suitable for grazing provided that the grasses and other herbaceous forage remain predominant; |

Text proposed by the Commission

Amendment

(h)

‘permanent grassland’ means land used to grow
  grasses or other
  herbaceous forage naturally (self-seeded) or through cultivation (sown) and that
  has not been
  included in the crop rotation of the holding for
  five
  years or longer; it may include other
  species suitable for grazing provided that the grasses and other herbaceous forage remain predominant;

| (h) | ‘permanent grassland
  and permanent pasture
  ’ means land used to grow
  for
  forage
  herbaceous plants, shrubs and/or trees or any other species suitable for grazing,
  naturally (self-seeded) or through cultivation (sown), and that
  is not
  included in the crop rotation of the holding
  and not ploughed
  for
  seven
  years or longer; it may include other
  features of importance for the characterisation of the land as permanent pasture; |
| --- | --- |

(h)

‘permanent grassland
  and permanent pasture
  ’ means land used to grow
  for
  forage
  herbaceous plants, shrubs and/or trees or any other species suitable for grazing,
  naturally (self-seeded) or through cultivation (sown), and that
  is not
  included in the crop rotation of the holding
  and not ploughed
  for
  seven
  years or longer; it may include other
  features of importance for the characterisation of the land as permanent pasture;

Amendment 32

Proposal for a regulation

Article 4 — paragraph 1 — point i

| Text proposed by the Commission | Amendment |
| --- | --- |
| (i) | ‘grasses or other herbaceous forage’ means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the Member State (whether or not used for grazing animals); |

Text proposed by the Commission

Amendment

(i)

‘grasses or other herbaceous forage’ means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the Member State (whether or not used for grazing animals);

deleted

Amendment 33

Proposal for a regulation

Article 4 — paragraph 1 — point j a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ja) | ‘traditional orchards’ means land on which fruit trees grow that is of environmental and cultural importance; |

Text proposed by the Commission

Amendment

(ja)

‘traditional orchards’ means land on which fruit trees grow that is of environmental and cultural importance;

Amendment 34

Proposal for a regulation

Article 4 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | laying down further definitions regarding the access to support under this Regulation; |

Text proposed by the Commission

Amendment

(a)

laying down further definitions regarding the access to support under this Regulation;

deleted

Amendment 35

Proposal for a regulation

Article 4 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | establishing the
  framework within
  which Member States
  shall
  define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation; |

Text proposed by the Commission

Amendment

(b)

establishing the
  framework within
  which Member States
  shall
  define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation;

| (b) | establishing the
  criteria with
  which Member States
  are to
  define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation; |
| --- | --- |

(b)

establishing the
  criteria with
  which Member States
  are to
  define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation;

Amendment 36

Proposal for a regulation

Article 4 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | establishing the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in a state suitable for grazing or cultivation as referred to in point (c) of paragraph 1; |

Text proposed by the Commission

Amendment

(c)

establishing the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in a state suitable for grazing or cultivation as referred to in point (c) of paragraph 1;

| (c) | establishing
  the framework within which Member States are to define
  the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in a state suitable for grazing or cultivation as referred to in point (c) of paragraph 1; |
| --- | --- |

(c)

establishing
  the framework within which Member States are to define
  the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in a state suitable for grazing or cultivation as referred to in point (c) of paragraph 1;

Amendment 37

Proposal for a regulation

Article 4 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | establishing the criteria to determine the predominance of grasses and other herbaceous forage for the purpose of point (h) of paragraph 1. |

Text proposed by the Commission

Amendment

(d)

establishing the criteria to determine the predominance of grasses and other herbaceous forage for the purpose of point (h) of paragraph 1.

deleted

Amendment 38

Proposal for a regulation

Article 7 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   For each Member State and each year, the estimated product of capping as referred to in Article 11, which is reflected by the difference between the national ceilings set out in Annex II, to which is added the amount available in accordance with Article 44, and the net ceilings set out in Annex III, is made available as Union support for measures under rural development programming financed under the EAFRD as specified in Regulation (EU) No [...] [RDR]. | 2.   For each Member State and each year, the estimated product of capping as referred to in Article 11, which is reflected by the difference between the national ceilings set out in Annex II, to which is added the amount available in accordance with Article 44, and the net ceilings set out in Annex III, is made available as Union support for measures
  to be chosen by the Member State
  under rural development programming financed under the EAFRD as specified in Regulation (EU) No [...] [RDR]. |

Text proposed by the Commission

Amendment

2.   For each Member State and each year, the estimated product of capping as referred to in Article 11, which is reflected by the difference between the national ceilings set out in Annex II, to which is added the amount available in accordance with Article 44, and the net ceilings set out in Annex III, is made available as Union support for measures under rural development programming financed under the EAFRD as specified in Regulation (EU) No [...] [RDR].

2.   For each Member State and each year, the estimated product of capping as referred to in Article 11, which is reflected by the difference between the national ceilings set out in Annex II, to which is added the amount available in accordance with Article 44, and the net ceilings set out in Annex III, is made available as Union support for measures
  to be chosen by the Member State
  under rural development programming financed under the EAFRD as specified in Regulation (EU) No [...] [RDR].

Amendment 197

Proposal for a regulation

Article 8 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The adjustment rate determined in accordance with Article 25 of Regulation (EU) No [...] [HZR] shall
  only
  apply to direct payments
  in excess of EUR 5 000
  to be granted to farmers in the corresponding calendar year. | 1.   The adjustment rate determined in accordance with Article 25 of Regulation (EU) No [...] [HZR] shall apply to
  all
  direct payments to be granted to farmers in the corresponding calendar year. |

Text proposed by the Commission

Amendment

1.   The adjustment rate determined in accordance with Article 25 of Regulation (EU) No [...] [HZR] shall
  only
  apply to direct payments
  in excess of EUR 5 000
  to be granted to farmers in the corresponding calendar year.

1.   The adjustment rate determined in accordance with Article 25 of Regulation (EU) No [...] [HZR] shall apply to
  all
  direct payments to be granted to farmers in the corresponding calendar year.

Amendment 39

Proposal for a regulation

Article 8 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning rules on the basis for calculation of reductions to be applied by Member States to farmers pursuant to paragraphs 1 and 2 of this Article. | deleted |

Text proposed by the Commission

Amendment

3.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning rules on the basis for calculation of reductions to be applied by Member States to farmers pursuant to paragraphs 1 and 2 of this Article.

deleted

Amendment 40

Proposal for a regulation

Article 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 9 | Article 9 |
| Active farmer | Active farmer |
| 1.   
  No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, where one of the following applies: | 1.   
  Member States shall draw up a legal framework and definitions, based on objective and non-discriminatory criteria to ensure, where appropriate, that direct payments are only granted to farmers whose agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation on condition that they carry out on those areas the minimum activity established by Member States in accordance with Article 4(1)(c). |
| (a) | the annual amount of direct payments is less than 5 % of the total receipts they obtained from non-agricultural activities in the most recent fiscal year; or |

Text proposed by the Commission

Amendment

Article 9

Article 9

Active farmer

Active farmer

1.   
  No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, where one of the following applies:

1.   
  Member States shall draw up a legal framework and definitions, based on objective and non-discriminatory criteria to ensure, where appropriate, that direct payments are only granted to farmers whose agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation on condition that they carry out on those areas the minimum activity established by Member States in accordance with Article 4(1)(c).

(a)

the annual amount of direct payments is less than 5 % of the total receipts they obtained from non-agricultural activities in the most recent fiscal year; or

| (b) | their agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation and they do not carry out on those areas the minimum activity established by Member States in accordance with Article 4(1)(c). |
| --- | --- |

(b)

their agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation and they do not carry out on those areas the minimum activity established by Member States in accordance with Article 4(1)(c).

Entities such as transport companies, airports, real estate companies, companies managing sport grounds, campsite operators and mining companies or other non-agricultural enterprises, to be defined accordingly by Member States on the basis of objective and non-discriminatory criteria, shall not, a priori, be regarded as active farmers nor shall they be the beneficiaries of any direct payments. Member States may decide that those entities can claim to be eligible if they can provide verifiable evidence that their agricultural activities form a significant part of their overall economic activities or that their principal business or company objects consist of exercising an agricultural activity.

After having duly notified the Commission, Member States may decide to add to and to withdraw from their list of eligible entities other entities than those listed in the second subparagraph, providing objective and non-discriminatory grounds of justification motivating their decision.

2.   
  Paragraph 1 shall not apply
  to farmers who received less than EUR 5 000 of direct payments for the previous year.

2.   
  Member States may decide not to apply this Article
  to farmers who received less than EUR 5 000 of direct payments for the previous year.

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 for the purposes of laying down:

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 for the purposes of laying down
  criteria to establish when a farmer's agricultural area is to be considered as mainly areas naturally kept in a state suitable for grazing or cultivation.

| (a) | criteria to establish the amount of direct payments relevant for the purpose of paragraphs 1 and 2, in particular in the first year of allocation of payment entitlements where the value of the payment entitlements is not yet definitively established as well as for new farmers; |
| --- | --- |

(a)

criteria to establish the amount of direct payments relevant for the purpose of paragraphs 1 and 2, in particular in the first year of allocation of payment entitlements where the value of the payment entitlements is not yet definitively established as well as for new farmers;

| (b) | exceptions from the rule that the receipts during the most recent fiscal year are to be taken into account where those figures are not available; and |
| --- | --- |

(b)

exceptions from the rule that the receipts during the most recent fiscal year are to be taken into account where those figures are not available; and

| (c) | criteria to establish when a farmer's agricultural area is to be considered as mainly areas naturally kept in a state suitable for grazing or cultivation. |
| --- | --- |

(c)

criteria to establish when a farmer's agricultural area is to be considered as mainly areas naturally kept in a state suitable for grazing or cultivation.

Amendment 41

Proposal for a regulation

Article 11 — paragraph 1 — indent 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | the amount obtained after applying those reductions shall be capped at EUR 300 000. |

Text proposed by the Commission

Amendment

—

the amount obtained after applying those reductions shall be capped at EUR 300 000.

Amendment 42

Proposal for a regulation

Article 11 — paragraph 1 — indent 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | by 100 % for the tranche of more than EUR 300 000. |

Text proposed by the Commission

Amendment

—

by 100 % for the tranche of more than EUR 300 000.

deleted

Amendment 43

Proposal for a regulation

Article 11 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Paragraph 1 shall not apply in respect of cooperatives or other legal entities which group together a number of beneficiaries of direct payments and which receive and channel the payments before distributing them in full to their members who, as individuals, are subject to paragraph 1. |

Text proposed by the Commission

Amendment

1a.
     
  Paragraph 1 shall not apply in respect of cooperatives or other legal entities which group together a number of beneficiaries of direct payments and which receive and channel the payments before distributing them in full to their members who, as individuals, are subject to paragraph 1.

Amendments 44 and 105

Proposal for a regulation

Article 11 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The amount referred to in paragraph 1 shall be calculated by subtracting the salaries effectively paid and declared by the farmer in the previous year, including taxes and social contributions related to employment, from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation. | 2.   The amount referred to in paragraph 1 shall be calculated by subtracting the salaries effectively paid and declared by the farmer in the previous year, including taxes and social contributions related to employment,
  as well as costs incurred as a result of the use of contractors for specific farming operations,
  from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation. |

Text proposed by the Commission

Amendment

2.   The amount referred to in paragraph 1 shall be calculated by subtracting the salaries effectively paid and declared by the farmer in the previous year, including taxes and social contributions related to employment, from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation.

2.   The amount referred to in paragraph 1 shall be calculated by subtracting the salaries effectively paid and declared by the farmer in the previous year, including taxes and social contributions related to employment,
  as well as costs incurred as a result of the use of contractors for specific farming operations,
  from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation.

Amendment 45

Proposal for a regulation

Article 11 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3 a.
     
  Any funds from progressive reduction or capping shall remain in the region or Member State where they were obtained and shall be used for measures under the second pillar. |

Text proposed by the Commission

Amendment

3 a.
     
  Any funds from progressive reduction or capping shall remain in the region or Member State where they were obtained and shall be used for measures under the second pillar.

Amendment 46

Proposal for a regulation

Article 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 14 | Article 14 |
| Flexibility between pillars | Flexibility between pillars |
| 1.   Before 1 August 2013, Member States may decide to make available as additional support for measures under rural development programming financed under the EAFRD as specified under Regulation (EU) No [...] [RDR], up to
  10 %
  of their annual national ceilings for calendar years 2014 to 2019 as set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments. | 1.   Before 1 August 2013, Member States may decide to make available as additional support for measures under rural development programming financed under the EAFRD as specified under Regulation (EU) No [...] [RDR], up to
  15 %
  of their annual national ceilings for calendar years 2014 to 2019 as set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments. |
| The decision referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph. | |
| The percentage notified in accordance with the second subparagraph shall be the same for the years referred to in the first subparagraph. | |
| | 1a.
     
  Member States may add unallocated funds from the application of Article 33 to the transfers in favour of rural development measures referred to in the first paragraph in the form of Union support to agri-environment-climate measures under rural development programming financed under the EAFRD as specified in Regulation (EU) No [...] [RDR] |
| 2.   Before 1 August 2013, Bulgaria, Estonia, Finland, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United-Kingdom may decide to make available as direct payments under this Regulation up to
  5 %
  of the amount allocated to support for measures under rural development programming financed under the EAFRD in the period 2015-2020 as specified under Regulation (EU) No [...] [RDR]. As a result, the corresponding amount shall no longer be available for support measures under rural development programming. | 2.   Before 1 August 2013, Bulgaria, Estonia, Finland, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United-Kingdom may decide to make available as direct payments under this Regulation up to
  10 %
  of the amount allocated to support for measures under rural development programming financed under the EAFRD in the period 2015-2020 as specified under Regulation (EU) No [...] [RDR]. As a result, the corresponding amount shall no longer be available for support measures under rural development programming. |
| The decision referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph. | The decision referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph. |
| The percentage notified in accordance with the second subparagraph shall be the same for the years referred to in the first subparagraph of paragraph 1. | |
| | 2a.
     
  In the case of regional implementation, different percentage rates may be applied to each region. |
| | 2b.
     
  Member States may decide, either by 1 August 2015 or by 1 August 2017, to review their decisions referred to in this Article with effect from the subsequent year. |

Text proposed by the Commission

Amendment

Article 14

Article 14

Flexibility between pillars

Flexibility between pillars

1.   Before 1 August 2013, Member States may decide to make available as additional support for measures under rural development programming financed under the EAFRD as specified under Regulation (EU) No [...] [RDR], up to
  10 %
  of their annual national ceilings for calendar years 2014 to 2019 as set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments.

1.   Before 1 August 2013, Member States may decide to make available as additional support for measures under rural development programming financed under the EAFRD as specified under Regulation (EU) No [...] [RDR], up to
  15 %
  of their annual national ceilings for calendar years 2014 to 2019 as set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments.

The decision referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph.

The percentage notified in accordance with the second subparagraph shall be the same for the years referred to in the first subparagraph.

1a.
     
  Member States may add unallocated funds from the application of Article 33 to the transfers in favour of rural development measures referred to in the first paragraph in the form of Union support to agri-environment-climate measures under rural development programming financed under the EAFRD as specified in Regulation (EU) No [...] [RDR]

2.   Before 1 August 2013, Bulgaria, Estonia, Finland, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United-Kingdom may decide to make available as direct payments under this Regulation up to
  5 %
  of the amount allocated to support for measures under rural development programming financed under the EAFRD in the period 2015-2020 as specified under Regulation (EU) No [...] [RDR]. As a result, the corresponding amount shall no longer be available for support measures under rural development programming.

2.   Before 1 August 2013, Bulgaria, Estonia, Finland, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United-Kingdom may decide to make available as direct payments under this Regulation up to
  10 %
  of the amount allocated to support for measures under rural development programming financed under the EAFRD in the period 2015-2020 as specified under Regulation (EU) No [...] [RDR]. As a result, the corresponding amount shall no longer be available for support measures under rural development programming.

The decision referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph.

The decision referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph.

The percentage notified in accordance with the second subparagraph shall be the same for the years referred to in the first subparagraph of paragraph 1.

2a.
     
  In the case of regional implementation, different percentage rates may be applied to each region.

2b.
     
  Member States may decide, either by 1 August 2015 or by 1 August 2017, to review their decisions referred to in this Article with effect from the subsequent year.

Amendment 47

Proposal for a regulation

Article 15 — paragraph -1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | -1.
     
  In order to evaluate the new CAP, the Commission shall carry out a review of the implementation of the reforms and their impact on the environment and agricultural production by the end of 2017. |

Text proposed by the Commission

Amendment

-1.
     
  In order to evaluate the new CAP, the Commission shall carry out a review of the implementation of the reforms and their impact on the environment and agricultural production by the end of 2017.

Amendment 48

Proposal for a regulation

Article 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| Support schemes listed in Annex I shall apply without prejudice to a possible review at any time in the light of economic developments and the budgetary situation. | Support schemes listed in Annex I shall apply without prejudice to a possible review at any time
  by a legislative act,
  in the light of economic developments and the budgetary situation. |

Text proposed by the Commission

Amendment

Support schemes listed in Annex I shall apply without prejudice to a possible review at any time in the light of economic developments and the budgetary situation.

Support schemes listed in Annex I shall apply without prejudice to a possible review at any time
  by a legislative act,
  in the light of economic developments and the budgetary situation.

Amendment 49

Proposal for a regulation

Article 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 18 | Article 18 |
| Payment entitlements | Payment entitlements |
| 1.   Support under the basic payment scheme shall be available to farmers if they obtain payment entitlements under this Regulation through allocation pursuant to Article 17b(4), first allocation pursuant to Article 21, from the national reserve pursuant to Article 23 or by transfer pursuant to Article 27. | 1.   Support under the basic payment scheme shall be available to farmers if they obtain payment entitlements under this Regulation through allocation pursuant to Article 17b(4), first allocation pursuant to Article 21, from the national reserve pursuant to Article 23 or by transfer pursuant to Article 27. |
| 2.   
  Payment entitlements obtained under the single payment scheme in accordance with Regulation (EC) No 1782/2003 and with Regulation (EC) No 73/2009 shall expire on 31 December 2013. | 2.   
  By way of derogation from paragraph 1, |
| | (a) | Member States that, on 31 December 2013, are operating the single payment scheme on the basis of the regional model laid down in Article 59 of Regulation (EC) No 1782/2003 may decide, by 1 August 2013, to maintain the payment entitlements allocated in accordance with Regulation (EC) No 1782/2003 and/or with Regulation (EC) No 73/2009, |

Text proposed by the Commission

Amendment

Article 18

Article 18

Payment entitlements

Payment entitlements

1.   Support under the basic payment scheme shall be available to farmers if they obtain payment entitlements under this Regulation through allocation pursuant to Article 17b(4), first allocation pursuant to Article 21, from the national reserve pursuant to Article 23 or by transfer pursuant to Article 27.

1.   Support under the basic payment scheme shall be available to farmers if they obtain payment entitlements under this Regulation through allocation pursuant to Article 17b(4), first allocation pursuant to Article 21, from the national reserve pursuant to Article 23 or by transfer pursuant to Article 27.

2.   
  Payment entitlements obtained under the single payment scheme in accordance with Regulation (EC) No 1782/2003 and with Regulation (EC) No 73/2009 shall expire on 31 December 2013.

2.   
  By way of derogation from paragraph 1,

(a)

Member States that, on 31 December 2013, are operating the single payment scheme on the basis of the regional model laid down in Article 59 of Regulation (EC) No 1782/2003 may decide, by 1 August 2013, to maintain the payment entitlements allocated in accordance with Regulation (EC) No 1782/2003 and/or with Regulation (EC) No 73/2009,

| (b) | Member States that, on 31 December 2013, are operating the single area payment scheme may, by 1 August 2013, decide to keep their existing scheme as a transitional system until 31 December 2020. |
| --- | --- |

(b)

Member States that, on 31 December 2013, are operating the single area payment scheme may, by 1 August 2013, decide to keep their existing scheme as a transitional system until 31 December 2020.

Amendment 50

Proposal for a regulation

Article 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 19 | Article 19 |
| Basic payment scheme ceiling | Basic payment scheme ceiling |
| 1.   The Commission shall
  , by means of
  implementing acts
  , set
  the annual national ceiling for the basic payment scheme by deducting from the annual national ceiling established in Annex II the annual amounts to be set in accordance with Articles 33, 35, 37 and 39. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2). | 1.   The Commission shall
  adopt
  implementing acts
  setting for each Member State
  , the annual national ceiling for the basic payment scheme by deducting from the annual national ceiling established in Annex II the annual amounts to be set in accordance with Articles 33, 35, 37 and 39. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2). |
| 2.   For each Member State and each year, the total value of all allocated payment entitlements and the national reserve shall equal the respective national ceiling adopted by the Commission pursuant to paragraph 1. | 2.   For each Member State and each year, the total value of all allocated payment entitlements and the national reserve shall equal the respective national ceiling adopted by the Commission pursuant to paragraph 1. |
| 3.   In case of modification of the ceiling adopted by the Commission pursuant to paragraph 1 as compared to the previous year, a Member State shall linearly reduce or increase the value of all payment entitlements in order to ensure compliance with paragraph 2. | 3.   In case of modification of the ceiling adopted by the Commission pursuant to paragraph 1 as compared to the previous year, a Member State shall linearly reduce or increase the value of all payment entitlements in order to ensure compliance with paragraph 2. |
| The first subparagraph shall not apply where such a modification is due to the application of Article 17b(2). | The first subparagraph shall not apply where such a modification is due to the application of Article 17b(2). |

Text proposed by the Commission

Amendment

Article 19

Article 19

Basic payment scheme ceiling

Basic payment scheme ceiling

1.   The Commission shall
  , by means of
  implementing acts
  , set
  the annual national ceiling for the basic payment scheme by deducting from the annual national ceiling established in Annex II the annual amounts to be set in accordance with Articles 33, 35, 37 and 39. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

1.   The Commission shall
  adopt
  implementing acts
  setting for each Member State
  , the annual national ceiling for the basic payment scheme by deducting from the annual national ceiling established in Annex II the annual amounts to be set in accordance with Articles 33, 35, 37 and 39. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

2.   For each Member State and each year, the total value of all allocated payment entitlements and the national reserve shall equal the respective national ceiling adopted by the Commission pursuant to paragraph 1.

2.   For each Member State and each year, the total value of all allocated payment entitlements and the national reserve shall equal the respective national ceiling adopted by the Commission pursuant to paragraph 1.

3.   In case of modification of the ceiling adopted by the Commission pursuant to paragraph 1 as compared to the previous year, a Member State shall linearly reduce or increase the value of all payment entitlements in order to ensure compliance with paragraph 2.

3.   In case of modification of the ceiling adopted by the Commission pursuant to paragraph 1 as compared to the previous year, a Member State shall linearly reduce or increase the value of all payment entitlements in order to ensure compliance with paragraph 2.

The first subparagraph shall not apply where such a modification is due to the application of Article 17b(2).

The first subparagraph shall not apply where such a modification is due to the application of Article 17b(2).

Amendment 51

Proposal for a regulation

Article 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 20 | Article 20 |
| Regional allocation of the national ceilings | Regional allocation of the national ceilings |
| 1.   Member States may decide, before 1 August 2013, to apply the basic payment scheme at regional level. In that case they shall define the regions in accordance with objective and non-discriminatory criteria such as their agronomic and economic characteristics and their regional agricultural potential, or their institutional or administrative structure. | 1.   Member States may decide, before 1 August 2013, to apply the basic payment scheme at regional level. In that case they shall define the regions in accordance with objective and non-discriminatory criteria such as their agronomic,
  environmental
  and
  socio-
  economic characteristics and their regional agricultural potential, or their institutional or administrative structure. |
| 2.   Member States shall divide the national ceiling referred to in Article 19(1) between the regions in accordance with objective and non-discriminatory criteria. | 2.   Member States shall divide the national ceiling referred to in Article 19(1) between the regions in accordance with objective and non-discriminatory criteria. |
| 3.   Member States may decide that the regional ceilings shall be subject to annual progressive modifications in accordance with pre-established annual steps and objective and non-discriminatory criteria such as the agricultural potential or environmental criteria. | 3.   Member States may decide that the regional ceilings shall be subject to annual progressive modifications in accordance with pre-established annual steps and objective and non-discriminatory criteria such as the agricultural potential or environmental criteria. |
| 4.   To the extent necessary to respect the applicable regional ceilings determined in accordance with paragraph 2 or 3, Member States shall make a linear reduction or increase in the value of the payment entitlements in each of their regions. | 4.   To the extent necessary to respect the applicable regional ceilings determined in accordance with paragraph 2 or 3, Member States shall make a linear reduction or increase in the value of the payment entitlements in each of their regions. |
| 5.   The Member States shall notify the Commission by 1 August 2013 of the decision referred to in paragraph 1, together with the measures taken for the application of paragraphs 2 and 3. | 5.   The Member States shall notify the Commission by 1 August 2013 of the decision referred to in paragraph 1, together with the measures taken for the application of paragraphs 2 and 3. |

Text proposed by the Commission

Amendment

Article 20

Article 20

Regional allocation of the national ceilings

Regional allocation of the national ceilings

1.   Member States may decide, before 1 August 2013, to apply the basic payment scheme at regional level. In that case they shall define the regions in accordance with objective and non-discriminatory criteria such as their agronomic and economic characteristics and their regional agricultural potential, or their institutional or administrative structure.

1.   Member States may decide, before 1 August 2013, to apply the basic payment scheme at regional level. In that case they shall define the regions in accordance with objective and non-discriminatory criteria such as their agronomic,
  environmental
  and
  socio-
  economic characteristics and their regional agricultural potential, or their institutional or administrative structure.

2.   Member States shall divide the national ceiling referred to in Article 19(1) between the regions in accordance with objective and non-discriminatory criteria.

2.   Member States shall divide the national ceiling referred to in Article 19(1) between the regions in accordance with objective and non-discriminatory criteria.

3.   Member States may decide that the regional ceilings shall be subject to annual progressive modifications in accordance with pre-established annual steps and objective and non-discriminatory criteria such as the agricultural potential or environmental criteria.

3.   Member States may decide that the regional ceilings shall be subject to annual progressive modifications in accordance with pre-established annual steps and objective and non-discriminatory criteria such as the agricultural potential or environmental criteria.

4.   To the extent necessary to respect the applicable regional ceilings determined in accordance with paragraph 2 or 3, Member States shall make a linear reduction or increase in the value of the payment entitlements in each of their regions.

4.   To the extent necessary to respect the applicable regional ceilings determined in accordance with paragraph 2 or 3, Member States shall make a linear reduction or increase in the value of the payment entitlements in each of their regions.

5.   The Member States shall notify the Commission by 1 August 2013 of the decision referred to in paragraph 1, together with the measures taken for the application of paragraphs 2 and 3.

5.   The Member States shall notify the Commission by 1 August 2013 of the decision referred to in paragraph 1, together with the measures taken for the application of paragraphs 2 and 3.

Amendments 52 and 161

Proposal for a regulation

Article 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 21 | Article 21 |
| First allocation of payment entitlements | First allocation of payment entitlements |
| 1.   Subject to paragraph 2, payment entitlements shall be allocated to farmers if they apply for allocation of payment entitlements under the basic payment scheme by 15 May 2014 except in case of force majeure and exceptional circumstances. | 1.   Subject to paragraph 2
  of this Article, and without prejudice to Article 18(2),
  payment entitlements shall be allocated to farmers if they apply for allocation of payment entitlements under the basic payment scheme by 15 May 2014 except in case of force majeure and exceptional circumstances. |
| 2.   Farmers who,
  in 2011
  or in the case of Croatia in 2013, activated at least one payment entitlement under the single payment scheme or claimed support under the single area payment scheme, both in accordance with Regulation (EC) No 73/2009, shall receive payment entitlements the first year of application of the basic payment scheme provided they are entitled to be granted direct payments in accordance with Article 9. | 2.   Farmers who: |
| | — | in any of one of the three years 2009, 2010 or 2011, to be chosen by Member States,
  or in the case of Croatia in 2013, activated at least one payment entitlement under the single payment scheme or claimed support under the single area payment scheme, both in accordance with Regulation (EC) No 73/2009,
  or |

Text proposed by the Commission

Amendment

Article 21

Article 21

First allocation of payment entitlements

First allocation of payment entitlements

1.   Subject to paragraph 2, payment entitlements shall be allocated to farmers if they apply for allocation of payment entitlements under the basic payment scheme by 15 May 2014 except in case of force majeure and exceptional circumstances.

1.   Subject to paragraph 2
  of this Article, and without prejudice to Article 18(2),
  payment entitlements shall be allocated to farmers if they apply for allocation of payment entitlements under the basic payment scheme by 15 May 2014 except in case of force majeure and exceptional circumstances.

2.   Farmers who,
  in 2011
  or in the case of Croatia in 2013, activated at least one payment entitlement under the single payment scheme or claimed support under the single area payment scheme, both in accordance with Regulation (EC) No 73/2009, shall receive payment entitlements the first year of application of the basic payment scheme provided they are entitled to be granted direct payments in accordance with Article 9.

2.   Farmers who:

—

in any of one of the three years 2009, 2010 or 2011, to be chosen by Member States,
  or in the case of Croatia in 2013, activated at least one payment entitlement under the single payment scheme or claimed support under the single area payment scheme, both in accordance with Regulation (EC) No 73/2009,
  or

| — | in 2012 received payment entitlements under Article 41 and 63 of Regulation (EC) No 73/2009 or |
| --- | --- |

—

in 2012 received payment entitlements under Article 41 and 63 of Regulation (EC) No 73/2009 or

| — | submitted evidence of active farm production and who, in 2011, reared or grew agricultural products including harvesting, milking, breeding animals or kept animals for farming purposes,
  shall receive payment entitlements the first year of application of the basic payment scheme provided they are entitled to be granted direct payments in accordance with Article 9. |
| --- | --- |

—

submitted evidence of active farm production and who, in 2011, reared or grew agricultural products including harvesting, milking, breeding animals or kept animals for farming purposes,
  shall receive payment entitlements the first year of application of the basic payment scheme provided they are entitled to be granted direct payments in accordance with Article 9.

By way of derogation from the first subparagraph, farmers shall receive payment entitlements the first year of application of the basic payment scheme, provided they are entitled to be granted direct payments in accordance with Article 9 and that in 2011:

By way of derogation from the first subparagraph, farmers shall receive payment entitlements the first year of application of the basic payment scheme, provided they are entitled to be granted direct payments in accordance with Article 9 and that in 2011:

| (a) | under the single payment scheme, they did not activate any entitlement but produced exclusively fruits, vegetables and/or cultivate exclusively vineyard; |
| --- | --- |

(a)

under the single payment scheme, they did not activate any entitlement but produced exclusively fruits, vegetables and/or cultivate exclusively vineyard;

| (a) | under the single payment scheme, they did not activate any entitlement but produced exclusively fruits, vegetables,
  seed and ware potatoes, ornamental crops
  and/or cultivated exclusively vineyard; |
| --- | --- |

(a)

under the single payment scheme, they did not activate any entitlement but produced exclusively fruits, vegetables,
  seed and ware potatoes, ornamental crops
  and/or cultivated exclusively vineyard;

| (b) | under the single area payment scheme, they did not claim any support and had only agricultural land that was not in good agricultural conditions on 30 June 2003 as provided for in Article 124(1) of Regulation (EC) No 73/2009, |
| --- | --- |

(b)

under the single area payment scheme, they did not claim any support and had only agricultural land that was not in good agricultural conditions on 30 June 2003 as provided for in Article 124(1) of Regulation (EC) No 73/2009,

| (b) | under the single area payment scheme, they did not claim any support and had only agricultural land that was not in good agricultural conditions on 30 June 2003 as provided for in Article 124(1) of Regulation (EC) No 73/2009, |
| --- | --- |

(b)

under the single area payment scheme, they did not claim any support and had only agricultural land that was not in good agricultural conditions on 30 June 2003 as provided for in Article 124(1) of Regulation (EC) No 73/2009,

Except in the case of force majeure or exceptional circumstances, the number of payment entitlements allocated per farmer shall be equal to the number of eligible hectares, within the meaning of Article 25(2), the farmer declares in accordance with Article 26(1) for 2014.

Except in the case of force majeure or exceptional circumstances, the number of payment entitlements allocated per farmer shall be equal to the number of eligible hectares, within the meaning of Article 25(2), the farmer declares in accordance with Article 26(1) for 2014.

By way of derogation from the previous subparagraph, where the total number of hectares declared in a Member State in accordance with Article 26(1) for 2014 entails an increase of more than 45 % of the total number of eligible hectares declared in 2009 in accordance with Article 35 of Regulation (EC) No 73/2009, Member States may limit the number of payment entitlements to be allocated in 2014 to 145 % of the total number of hectares declared in 2009 in accordance with Article 35 of Regulation (EC) No 73/2009.

When using this option, Member States shall allocate a reduced number of payment entitlements to farmers that shall be calculated by applying a proportional reduction to the additional number of eligible hectares declared by each farmer in 2014 compared to the number of eligible hectares in accordance with Article 34(2) of Regulation (EC) No 73/2009 he indicated in his aid application in 2011 in accordance with Article 19 of Regulation (EC) No 73/2009.

3.   In case of sale or lease of their holding or part of it,
  natural or legal persons
  complying with paragraph 2 may, by contract signed before 15 May 2014, transfer the right to receive payment entitlements as referred to in paragraph 1 to
  only one farmer
  provided that the latter
  complies
  with the conditions laid down in Article 9.

3.   In case of sale,
  merger, scission
  or lease of their holding or part of it,
  farmers
  complying with paragraph 2 may, by contract signed before 15 May 2014, transfer the right to receive payment entitlements as referred to in paragraph 1 to
  the farmers receiving the holding or part of it
  provided that the latter
  comply
  with the conditions laid down in Article 9.

4.   The Commission shall, by means of implementing acts, adopt rules on applications for allocation of payment entitlements submitted in the year of allocation of payment entitlements where those payment entitlements may not be definitively established yet and where that allocation is affected by specific circumstances. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

4.   The Commission shall, by means of implementing acts, adopt rules on applications for allocation of payment entitlements submitted in the year of allocation of payment entitlements where those payment entitlements may not be definitively established yet and where that allocation is affected by specific circumstances. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

Amendment 53

Proposal for a regulation

Article 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 22 | Article 22 |
| Value of payment entitlements and convergence | Value of payment entitlements and convergence |
| 1.   For each relevant year, the unit value of payment entitlements shall be calculated by dividing the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1), by the number of payment entitlements allocated at national or regional level according to Article 21(2) for 2014. | 1.   For each relevant year, the unit value of payment entitlements shall be calculated by dividing the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1), by the number of payment entitlements allocated at national or regional level according to Article 21(2) for 2014. |
| 2.   Member States which applied the single payment scheme as provided for in Regulation (EC) No 73/2009, may limit the calculation of the unit value of payment entitlements provided for in paragraph 1 to an amount corresponding to no less than
  40 %
  of the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1). | 2.   Member States which applied the single payment scheme as provided for in Regulation (EC) No 73/2009, may limit the calculation of the unit value of payment entitlements provided for in paragraph 1 to an amount corresponding to no less than
  10 %
  of the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1). |
| 3.   Member States making use of the possibility provided for in paragraph 2 shall use the part of the ceiling which remains after the application of that paragraph to increase the value of payment entitlements in cases where the total value of payment entitlements held by a farmers under the basic payment scheme calculated according to paragraph 2 is lower than the total value of payment entitlements, including special entitlements, he held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009. To this end, the national or regional unit value of each of the payment entitlement of the farmer concerned shall be increased by a share of the difference between the total value of the payment entitlements under the basic payment scheme calculated according to paragraph 2 and the total value of payment entitlements, including special entitlements, which the farmer held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009. | 3.   Member States making use of the possibility provided for in paragraph 2 shall use the part of the ceiling which remains after the application of that paragraph to increase the value of payment entitlements in cases where the total value of payment entitlements held by a farmers under the basic payment scheme calculated according to paragraph 2 is lower than the total value of payment entitlements, including special entitlements, he held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009. To this end, the national or regional unit value of each of the payment entitlement of the farmer concerned shall be increased by a share of the difference between the total value of the payment entitlements under the basic payment scheme calculated according to paragraph 2 and the total value of payment entitlements, including special entitlements, which the farmer held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009. |
| For the calculation of the increase, a Member State may also take into account the support granted in calendar year 2013 pursuant to Articles 52, 53(1), and 68(1)(b), of Regulation (EC) No 73/2009 provided that the Member State has decided not to apply the voluntary coupled support pursuant to Title IV of this Regulation to the relevant sectors. | For the calculation of the increase, a Member State may also take into account the support granted in calendar year 2013 pursuant to Articles 52, 53(1), and 68(1)(b), of Regulation (EC) No 73/2009 provided that the Member State has decided not to apply the voluntary coupled support pursuant to Title IV of this Regulation to the relevant sectors. |
| For the purpose of the first subparagraph, a farmer is considered to hold payment entitlements on 31 December 2013 where payment entitlements were allocated or definitively transferred to him by that date. | For the purpose of the first subparagraph, a farmer is considered to hold payment entitlements on 31 December 2013 where payment entitlements were allocated or definitively transferred to him by that date. |
| 4.   For the purposes of paragraph 3, a Member State may, on the basis of objective criteria, provide that, in cases of sale or grant or expiry of all or part of a lease of agricultural areas after the date fixed pursuant to Article 35 of Regulation (EC) No 73/2009 and before the date fixed pursuant to Article 26 of this Regulation, the increase, or part of the increase, in the value of payment entitlements that would be allocated to the farmer concerned shall revert to the national reserve where the increase would lead to a windfall profit for the farmer concerned. | 4.   For the purposes of paragraph 3, a Member State may, on the basis of objective criteria, provide that, in cases of sale or grant or expiry of all or part of a lease of agricultural areas after the date fixed pursuant to Article 35 of Regulation (EC) No 73/2009 and before the date fixed pursuant to Article 26 of this Regulation, the increase, or part of the increase, in the value of payment entitlements that would be allocated to the farmer concerned shall revert to the national reserve where the increase would lead to a windfall profit for the farmer concerned. |
| Those objective criteria shall be established in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions and shall include, at least, the following: | Those objective criteria shall be established in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions and shall include, at least, the following: |
| (a) | a minimum duration for the lease; |

Text proposed by the Commission

Amendment

Article 22

Article 22

Value of payment entitlements and convergence

Value of payment entitlements and convergence

1.   For each relevant year, the unit value of payment entitlements shall be calculated by dividing the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1), by the number of payment entitlements allocated at national or regional level according to Article 21(2) for 2014.

1.   For each relevant year, the unit value of payment entitlements shall be calculated by dividing the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1), by the number of payment entitlements allocated at national or regional level according to Article 21(2) for 2014.

2.   Member States which applied the single payment scheme as provided for in Regulation (EC) No 73/2009, may limit the calculation of the unit value of payment entitlements provided for in paragraph 1 to an amount corresponding to no less than
  40 %
  of the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1).

2.   Member States which applied the single payment scheme as provided for in Regulation (EC) No 73/2009, may limit the calculation of the unit value of payment entitlements provided for in paragraph 1 to an amount corresponding to no less than
  10 %
  of the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1).

3.   Member States making use of the possibility provided for in paragraph 2 shall use the part of the ceiling which remains after the application of that paragraph to increase the value of payment entitlements in cases where the total value of payment entitlements held by a farmers under the basic payment scheme calculated according to paragraph 2 is lower than the total value of payment entitlements, including special entitlements, he held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009. To this end, the national or regional unit value of each of the payment entitlement of the farmer concerned shall be increased by a share of the difference between the total value of the payment entitlements under the basic payment scheme calculated according to paragraph 2 and the total value of payment entitlements, including special entitlements, which the farmer held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009.

3.   Member States making use of the possibility provided for in paragraph 2 shall use the part of the ceiling which remains after the application of that paragraph to increase the value of payment entitlements in cases where the total value of payment entitlements held by a farmers under the basic payment scheme calculated according to paragraph 2 is lower than the total value of payment entitlements, including special entitlements, he held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009. To this end, the national or regional unit value of each of the payment entitlement of the farmer concerned shall be increased by a share of the difference between the total value of the payment entitlements under the basic payment scheme calculated according to paragraph 2 and the total value of payment entitlements, including special entitlements, which the farmer held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009.

For the calculation of the increase, a Member State may also take into account the support granted in calendar year 2013 pursuant to Articles 52, 53(1), and 68(1)(b), of Regulation (EC) No 73/2009 provided that the Member State has decided not to apply the voluntary coupled support pursuant to Title IV of this Regulation to the relevant sectors.

For the calculation of the increase, a Member State may also take into account the support granted in calendar year 2013 pursuant to Articles 52, 53(1), and 68(1)(b), of Regulation (EC) No 73/2009 provided that the Member State has decided not to apply the voluntary coupled support pursuant to Title IV of this Regulation to the relevant sectors.

For the purpose of the first subparagraph, a farmer is considered to hold payment entitlements on 31 December 2013 where payment entitlements were allocated or definitively transferred to him by that date.

For the purpose of the first subparagraph, a farmer is considered to hold payment entitlements on 31 December 2013 where payment entitlements were allocated or definitively transferred to him by that date.

4.   For the purposes of paragraph 3, a Member State may, on the basis of objective criteria, provide that, in cases of sale or grant or expiry of all or part of a lease of agricultural areas after the date fixed pursuant to Article 35 of Regulation (EC) No 73/2009 and before the date fixed pursuant to Article 26 of this Regulation, the increase, or part of the increase, in the value of payment entitlements that would be allocated to the farmer concerned shall revert to the national reserve where the increase would lead to a windfall profit for the farmer concerned.

4.   For the purposes of paragraph 3, a Member State may, on the basis of objective criteria, provide that, in cases of sale or grant or expiry of all or part of a lease of agricultural areas after the date fixed pursuant to Article 35 of Regulation (EC) No 73/2009 and before the date fixed pursuant to Article 26 of this Regulation, the increase, or part of the increase, in the value of payment entitlements that would be allocated to the farmer concerned shall revert to the national reserve where the increase would lead to a windfall profit for the farmer concerned.

Those objective criteria shall be established in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions and shall include, at least, the following:

Those objective criteria shall be established in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions and shall include, at least, the following:

(a)

a minimum duration for the lease;

| (a) | a minimum duration for the lease; |
| --- | --- |

(a)

a minimum duration for the lease;

| (b) | the proportion of the payment received which shall revert to the national reserve. |
| --- | --- |

(b)

the proportion of the payment received which shall revert to the national reserve.

| (b) | the proportion of the payment received which shall revert to the national reserve. |
| --- | --- |

(b)

the proportion of the payment received which shall revert to the national reserve.

5.   As of claim year 2019 at the latest, all payment entitlements in a Member State or, in case of application of Article 20, in a region
  , shall have a uniform unit value.

5.   As of claim year 2019 at the latest, all payment entitlements in a Member State or, in case of application of Article 20, in a region:

| (a) | shall have a uniform unit value; |
| --- | --- |

(a)

shall have a uniform unit value;

| (b) | may deviate from the average unit value by up to 20 %. |
| --- | --- |

(b)

may deviate from the average unit value by up to 20 %.

When applying paragraphs 2, 3 and this paragraph, Member States may take measures to ensure that, where payment entitlements at farm level are reduced, the level of those entitlements activated in 2019 is not more than 30 % below that of 2014.

6.   When applying paragraphs 2 and 3, Member States, acting in compliance with the general principles of Union law, shall move towards approximating the value of the payment entitlements at national or regional level. To this end, Member States shall fix the steps to be taken by 1 August 2013. Those steps shall include annual progressive modifications of the payment entitlements in accordance with objective and non-discriminatory criteria.

6.   When applying paragraphs 2 and 3, Member States, acting in compliance with the general principles of Union law, shall move towards approximating the value of the payment entitlements at national or regional level. To this end, Member States shall fix the steps to be taken by 1 August 2013. Those steps shall include annual progressive modifications of the payment entitlements in accordance with objective and non-discriminatory criteria.

The steps referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph.

The steps referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph.

Amendment 54

Proposal for a regulation

Article 22 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 22a |
| | Internal convergence |
| | 1.
     
  By way of derogation from Article 22, Member States may approximate the value of the payment entitlements at national or regional level so that the unit value of entitlements moves part of, but not all, the way to uniform national or regional values as of claim year 2021. Member States may use the formula for external convergence between Member States when exercising this option. This convergence shall be financed by the reduction of 2013 entitlement values above a threshold identified by Member States or above the national average
  . |
| | 2.
     
  Member States exercising the derogation referred to in paragraph 1 may decide that the payment for agricultural practises beneficial for the climate and the environment referred to in Chapter 2 of Title III, which shall represent 30 % of the national envelope in accordance with Article 33(1), is payable to farmers as a percentage relative to their basic payment. |
| | 3.
     
  When exercising the derogation referred to in paragraph 1, Member States, shall, by 1 August 2013, fix the steps to be taken, acting in compliance with the general principles of Union law. Those steps shall include progressive modifications of the payment entitlements in accordance with objective and non-discriminatory criteria. |
| | The steps referred to in the first subparagraph shall be notified to the Commission by 1 August 2013. |

Text proposed by the Commission

Amendment

Article 22a

Internal convergence

1.
     
  By way of derogation from Article 22, Member States may approximate the value of the payment entitlements at national or regional level so that the unit value of entitlements moves part of, but not all, the way to uniform national or regional values as of claim year 2021. Member States may use the formula for external convergence between Member States when exercising this option. This convergence shall be financed by the reduction of 2013 entitlement values above a threshold identified by Member States or above the national average
  .

2.
     
  Member States exercising the derogation referred to in paragraph 1 may decide that the payment for agricultural practises beneficial for the climate and the environment referred to in Chapter 2 of Title III, which shall represent 30 % of the national envelope in accordance with Article 33(1), is payable to farmers as a percentage relative to their basic payment.

3.
     
  When exercising the derogation referred to in paragraph 1, Member States, shall, by 1 August 2013, fix the steps to be taken, acting in compliance with the general principles of Union law. Those steps shall include progressive modifications of the payment entitlements in accordance with objective and non-discriminatory criteria.

The steps referred to in the first subparagraph shall be notified to the Commission by 1 August 2013.

Amendment 55

Proposal for a regulation

Article 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 23 | Article 23 |
| Establishment and use of the national reserve | Establishment and use of the national reserve |
| 1.   Each Member State shall establish a national reserve. For that purpose, in the first year of application of the basic payment scheme, Member States shall proceed to a linear percentage reduction of the basic payment scheme ceiling at national level in order to constitute the national reserve. This reduction shall not be higher than 3 % except, if required, to cover the allocation needs laid down in paragraph 4
  for the year 2014
  . | 1.   Each Member State shall establish a national reserve. For that purpose, in the first year of application of the basic payment scheme, Member States shall proceed to a linear percentage reduction of the basic payment scheme ceiling at national level in order to constitute the national reserve.
  For the year 2014,
  this reduction shall not be higher than 3 % except, if required, to cover the allocation needs laid down in paragraph 4
  . For subsequent years, Member States may every year set the ceiling of reduction on the basis of the allocation needs. |
| 2.   Member States may administer the national reserve at regional level. | 2.   Member States may administer the national reserve at regional level. |
| 3.   Member States shall establish payment entitlements from the national reserve in accordance with objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions. | 3.   Member States shall establish payment entitlements from the national reserve in accordance with objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions. |
| 4.   Member States shall use the national reserve to allocate payment entitlements, as a matter of priority, to young farmers who commence their agricultural activity. | 4.   Member States shall use the national reserve to allocate payment entitlements, as a matter of priority, to young farmers
  and new farmers
  who commence their agricultural activity. |
| For the purposes of the first subparagraph, ‘young farmers who commence their agricultural activity’ means farmers fulfilling the conditions laid down in Article 36(2) that did not have any agricultural activity in their own name and at their own risk or did not have the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the new agricultural activity. In case of a legal person, the natural person(s) who has the control of the legal person must not have had any agricultural activity in his own name and at his own risk or must not have had the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the agricultural activity by the legal person. | For the purposes of the first subparagraph, ‘young farmers who commence their agricultural activity’ means farmers fulfilling the conditions laid down in Article 36(2) that did not have any agricultural activity in their own name and at their own risk or did not have the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the new agricultural activity. In case of a legal person, the natural person(s) who has the control of the legal person must not have had any agricultural activity in his own name and at his own risk or must not have had the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the agricultural activity by the legal person. |
| | For the purposes of the first subparagraph, ‘new farmers who commence their agricultural activity’ means natural persons who have never been attributed entitlements. Member States may determine additional objective and non-discriminatory criteria that new farmers shall fulfil as regards, in particular, appropriate skills, experience and/or training requirements. |
| 5.   Member States may use the national reserve to: | 5.   Member States may use the national reserve to: |
| (a) | allocate payment entitlements to farmers in areas subject to restructuring and/or development programmes relating to a form of public intervention in order to prevent land from being abandoned and/or to compensate farmers for specific disadvantages in those areas; |

Text proposed by the Commission

Amendment

Article 23

Article 23

Establishment and use of the national reserve

Establishment and use of the national reserve

1.   Each Member State shall establish a national reserve. For that purpose, in the first year of application of the basic payment scheme, Member States shall proceed to a linear percentage reduction of the basic payment scheme ceiling at national level in order to constitute the national reserve. This reduction shall not be higher than 3 % except, if required, to cover the allocation needs laid down in paragraph 4
  for the year 2014
  .

1.   Each Member State shall establish a national reserve. For that purpose, in the first year of application of the basic payment scheme, Member States shall proceed to a linear percentage reduction of the basic payment scheme ceiling at national level in order to constitute the national reserve.
  For the year 2014,
  this reduction shall not be higher than 3 % except, if required, to cover the allocation needs laid down in paragraph 4
  . For subsequent years, Member States may every year set the ceiling of reduction on the basis of the allocation needs.

2.   Member States may administer the national reserve at regional level.

2.   Member States may administer the national reserve at regional level.

3.   Member States shall establish payment entitlements from the national reserve in accordance with objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions.

3.   Member States shall establish payment entitlements from the national reserve in accordance with objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions.

4.   Member States shall use the national reserve to allocate payment entitlements, as a matter of priority, to young farmers who commence their agricultural activity.

4.   Member States shall use the national reserve to allocate payment entitlements, as a matter of priority, to young farmers
  and new farmers
  who commence their agricultural activity.

For the purposes of the first subparagraph, ‘young farmers who commence their agricultural activity’ means farmers fulfilling the conditions laid down in Article 36(2) that did not have any agricultural activity in their own name and at their own risk or did not have the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the new agricultural activity. In case of a legal person, the natural person(s) who has the control of the legal person must not have had any agricultural activity in his own name and at his own risk or must not have had the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the agricultural activity by the legal person.

For the purposes of the first subparagraph, ‘young farmers who commence their agricultural activity’ means farmers fulfilling the conditions laid down in Article 36(2) that did not have any agricultural activity in their own name and at their own risk or did not have the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the new agricultural activity. In case of a legal person, the natural person(s) who has the control of the legal person must not have had any agricultural activity in his own name and at his own risk or must not have had the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the agricultural activity by the legal person.

For the purposes of the first subparagraph, ‘new farmers who commence their agricultural activity’ means natural persons who have never been attributed entitlements. Member States may determine additional objective and non-discriminatory criteria that new farmers shall fulfil as regards, in particular, appropriate skills, experience and/or training requirements.

5.   Member States may use the national reserve to:

5.   Member States may use the national reserve to:

(a)

allocate payment entitlements to farmers in areas subject to restructuring and/or development programmes relating to a form of public intervention in order to prevent land from being abandoned and/or to compensate farmers for specific disadvantages in those areas;

| (a) | allocate payment entitlements to farmers in areas subject to restructuring and/or development programmes relating to a form of public intervention in order to prevent land from being abandoned and/or to compensate farmers for specific disadvantages in those areas; |
| --- | --- |

(a)

allocate payment entitlements to farmers in areas subject to restructuring and/or development programmes relating to a form of public intervention in order to prevent land from being abandoned and/or to compensate farmers for specific disadvantages in those areas;

| (aa) | allocate payment entitlements to farmers whose holding is situated in a Member State which has decided to exercise the option laid down in Article 18(2) and who did not obtain a payment entitlement in accordance with Regulation (EC) No 1782/2003 or Regulation (EC) No 73/2009 or both of them, when they declare eligible agricultural areas for the year 2014; |
| --- | --- |

(aa)

allocate payment entitlements to farmers whose holding is situated in a Member State which has decided to exercise the option laid down in Article 18(2) and who did not obtain a payment entitlement in accordance with Regulation (EC) No 1782/2003 or Regulation (EC) No 73/2009 or both of them, when they declare eligible agricultural areas for the year 2014;

| (ab) | allocate payment entitlements to farmers who began their agricultural activity after 2011 and who operate in specific agricultural sectors to be defined by Member States on the basis of objective and non-discriminatory criteria; |
| --- | --- |

(ab)

allocate payment entitlements to farmers who began their agricultural activity after 2011 and who operate in specific agricultural sectors to be defined by Member States on the basis of objective and non-discriminatory criteria;

| (ac) | increase the value of payment entitlements under the basic payment scheme up to the national or regional average unit value of payment entitlements to farmers who as a result of the transition to the basic payment scheme are placed in a special situation by virtue of the low value of their historical payment entitlements held under the single payment scheme in accordance with Regulation (EC) No 73/2009 or increase the value of payment entitlements to farmers who held special entitlements on 31 December 2013; |
| --- | --- |

(ac)

increase the value of payment entitlements under the basic payment scheme up to the national or regional average unit value of payment entitlements to farmers who as a result of the transition to the basic payment scheme are placed in a special situation by virtue of the low value of their historical payment entitlements held under the single payment scheme in accordance with Regulation (EC) No 73/2009 or increase the value of payment entitlements to farmers who held special entitlements on 31 December 2013;

| (ad) | grant farmers, on an annual basis, compensation — which may be increased by an additional payment for small farmers — for the removal of the EUR 5 000 allowance provided for in Article 7(1) of Regulation (EC) No 73/2009. |
| --- | --- |

(ad)

grant farmers, on an annual basis, compensation — which may be increased by an additional payment for small farmers — for the removal of the EUR 5 000 allowance provided for in Article 7(1) of Regulation (EC) No 73/2009.

| (b) | linearly increase the value of payment entitlements under the basic payment scheme at national or regional level if the national reserve exceeds 3 % in any given year, provided that sufficient amounts remain available for allocations under paragraph 4, under point (a) of this paragraph and under paragraph 7. |
| --- | --- |

(b)

linearly increase the value of payment entitlements under the basic payment scheme at national or regional level if the national reserve exceeds 3 % in any given year, provided that sufficient amounts remain available for allocations under paragraph 4, under point (a) of this paragraph and under paragraph 7.

| (b) | linearly increase the value of payment entitlements under the basic payment scheme at national or regional level if the national reserve exceeds 3 % in any given year, provided that sufficient amounts remain available for allocations under paragraph 4, under point (a) of this paragraph and under paragraph 7.
  However, when increasing the value of payment entitlements under this point. Member States may decide to apply an alternative method to the linear method. |
| --- | --- |

(b)

linearly increase the value of payment entitlements under the basic payment scheme at national or regional level if the national reserve exceeds 3 % in any given year, provided that sufficient amounts remain available for allocations under paragraph 4, under point (a) of this paragraph and under paragraph 7.
  However, when increasing the value of payment entitlements under this point. Member States may decide to apply an alternative method to the linear method.

6.   When applying paragraphs 4 and 5(a), Member States shall establish the value of payment entitlements allocated to farmers on the basis of the national or regional average value of payment entitlements in the year of allocation.

6.   When applying paragraphs 4 and 5(a), Member States shall establish the value of payment entitlements allocated to farmers on the basis of the national or regional average value of payment entitlements in the year of allocation.

7.   Where a farmer is entitled to receive payment entitlements or increase the value of the existing ones by virtue of a definitive court’s ruling or by virtue of a definitive administrative act of the competent authority of a Member State, the farmer shall receive the number and value of payment entitlements established in that ruling or act at a date to be fixed by the Member State. However, this date shall not be later than the latest date for lodging an application under the basic payment scheme following the date of the court’s ruling or the administrative act, taking into account the application of Articles 25 and 26.

7.   Where a farmer is entitled to receive payment entitlements or increase the value of the existing ones by virtue of a definitive court’s ruling or by virtue of a definitive administrative act of the competent authority of a Member State, the farmer shall receive the number and value of payment entitlements established in that ruling or act at a date to be fixed by the Member State. However, this date shall not be later than the latest date for lodging an application under the basic payment scheme following the date of the court’s ruling or the administrative act, taking into account the application of Articles 25 and 26.

Amendment 56

Proposal for a regulation

Article 25 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under the basic payment scheme shall be granted to farmers upon activation, by means of declaration in accordance with Article 26(1), of a payment entitlement per eligible hectare in the Member State where it has been allocated. Activated payment entitlements shall give a right to the annual payment of the amounts fixed therein, without prejudice to the application of financial discipline, progressive reduction and capping, linear reductions in accordance with Article 7, 37(2) and 51(1), and any reductions and exclusions imposed pursuant to Regulation (EU) No [...] [HZR]. | 1.   Support under the basic payment scheme shall be granted to farmers upon activation, by means of declaration in accordance with Article 26(1), of a payment entitlement per eligible hectare in the Member State where it has been allocated. Activated payment entitlements shall give a right to the annual payment of the amounts fixed therein, without prejudice to the application of financial discipline, progressive reduction and capping, linear reductions in accordance with Article 7, 37(2) and 51(1), and any reductions and exclusions imposed pursuant to Regulation (EU) No [...] [HZR].
  By way of derogation from the first sentence, Member States that apply the single area payment scheme in 2013 may continue to apply the model for the implementation of the basic payment scheme. |

Text proposed by the Commission

Amendment

1.   Support under the basic payment scheme shall be granted to farmers upon activation, by means of declaration in accordance with Article 26(1), of a payment entitlement per eligible hectare in the Member State where it has been allocated. Activated payment entitlements shall give a right to the annual payment of the amounts fixed therein, without prejudice to the application of financial discipline, progressive reduction and capping, linear reductions in accordance with Article 7, 37(2) and 51(1), and any reductions and exclusions imposed pursuant to Regulation (EU) No [...] [HZR].

1.   Support under the basic payment scheme shall be granted to farmers upon activation, by means of declaration in accordance with Article 26(1), of a payment entitlement per eligible hectare in the Member State where it has been allocated. Activated payment entitlements shall give a right to the annual payment of the amounts fixed therein, without prejudice to the application of financial discipline, progressive reduction and capping, linear reductions in accordance with Article 7, 37(2) and 51(1), and any reductions and exclusions imposed pursuant to Regulation (EU) No [...] [HZR].
  By way of derogation from the first sentence, Member States that apply the single area payment scheme in 2013 may continue to apply the model for the implementation of the basic payment scheme.

Amendment 57

Proposal for a regulation

Article 25 — paragraph 2 — subparagraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | For the purposes of point (a) of the first subparagraph, Member States may apply, according to objective and non-discriminatory criteria, a reduction coefficient for areas with lower yield potential or specific productions when determining the size of the eligible agricultural area. |

Text proposed by the Commission

Amendment

For the purposes of point (a) of the first subparagraph, Member States may apply, according to objective and non-discriminatory criteria, a reduction coefficient for areas with lower yield potential or specific productions when determining the size of the eligible agricultural area.

Amendment 58

Proposal for a regulation

Article 27 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2 a.
     
  Where payment entitlements are sold without land, Member States may, acting in compliance with the general principles of Union law, decide that part of the payment entitlements sold revert to the national reserve or that their unit value is reduced in favour of the national reserve. |

Text proposed by the Commission

Amendment

2 a.
     
  Where payment entitlements are sold without land, Member States may, acting in compliance with the general principles of Union law, decide that part of the payment entitlements sold revert to the national reserve or that their unit value is reduced in favour of the national reserve.

Amendment 59

Proposal for a regulation

Article 28 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | criteria to be applied by Member States to allocate payment entitlements to farmers who did not activate any entitlement in 2011 or did not claim support under the single area payment scheme in 2011 as provided for in Article 21(2) and to allocate payment entitlements in case of application of the contract clause referred to in Article 21(3); |

Text proposed by the Commission

Amendment

(e)

criteria to be applied by Member States to allocate payment entitlements to farmers who did not activate any entitlement in 2011 or did not claim support under the single area payment scheme in 2011 as provided for in Article 21(2) and to allocate payment entitlements in case of application of the contract clause referred to in Article 21(3);

| (e) | criteria to be applied by Member States to allocate payment entitlements to farmers who did not activate any entitlement in
  any one of the years 2009, 2010 or
  2011 or did not claim support under the single area payment scheme in
  any of one the years 2009, 2010 or
  2011 as provided for in Article 21(2) and to allocate payment entitlements in case of application of the contract clause referred to in Article 21(3)
  , with the exception of new farmers and young farmers
  ; |
| --- | --- |

(e)

criteria to be applied by Member States to allocate payment entitlements to farmers who did not activate any entitlement in
  any one of the years 2009, 2010 or
  2011 or did not claim support under the single area payment scheme in
  any of one the years 2009, 2010 or
  2011 as provided for in Article 21(2) and to allocate payment entitlements in case of application of the contract clause referred to in Article 21(3)
  , with the exception of new farmers and young farmers
  ;

Amendment 60

Proposal for a regulation

Article 28 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | rules on the declaration and activation of payment entitlements; |

Text proposed by the Commission

Amendment

(g)

rules on the declaration and activation of payment entitlements;

| (g) | rules on
  the content of
  the declaration and
  on the requirements for the
  activation of payment entitlements; |
| --- | --- |

(g)

rules on
  the content of
  the declaration and
  on the requirements for the
  activation of payment entitlements;

Amendment 61

Proposal for a regulation

Chapter 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | |
| | Article 28a |
| | General rules |
| | 1.
     
  Member States may decide to grant a complementary annual payment to farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1. |
| | 2.
     
  Member States shall determine the number of first hectares eligible for this provision, which shall correspond to the number of entitlements activated by the farmer in accordance with Article 26(1), up to a limit of 50 hectares. |
| | 3.
     
  In order to finance this provision, Member States shall use an amount up to a maximum of 30 % of their annual national ceiling set out in Annex II. |
| | 4.
     
  Member States shall calculate each year the amount of complementary payment for the first hectares by dividing the amount referred to in paragraph 3 by the total number of hectares benefiting from this payment. |
| | 5.
     
  Member States shall ensure that no payment is made to farmers who, after the publication of the Commission proposal for this Regulation, are shown to have artificially created the conditions in order to benefit from the payment referred to in this Article. |
| | 6.
     
  Member States shall notify the Commission, by 1 August 2013, of their decisions referred to in paragraphs 1, 2 and 3. |

Text proposed by the Commission

Amendment

Article 28a

General rules

1.
     
  Member States may decide to grant a complementary annual payment to farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1.

2.
     
  Member States shall determine the number of first hectares eligible for this provision, which shall correspond to the number of entitlements activated by the farmer in accordance with Article 26(1), up to a limit of 50 hectares.

3.
     
  In order to finance this provision, Member States shall use an amount up to a maximum of 30 % of their annual national ceiling set out in Annex II.

4.
     
  Member States shall calculate each year the amount of complementary payment for the first hectares by dividing the amount referred to in paragraph 3 by the total number of hectares benefiting from this payment.

5.
     
  Member States shall ensure that no payment is made to farmers who, after the publication of the Commission proposal for this Regulation, are shown to have artificially created the conditions in order to benefit from the payment referred to in this Article.

6.
     
  Member States shall notify the Commission, by 1 August 2013, of their decisions referred to in paragraphs 1, 2 and 3.

Amendment 63

Proposal for a regulation

Article 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 30 | Article 30 |
| Crop diversification | Crop diversification |
| 1.   Where the arable land of the farmer covers more than
  3
  hectares
  and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year,
  cultivation on the arable land shall consist of at least three different crops.
  None of those three crops shall cover less than 5 %
  of the arable land and the
  main one shall not exceed 70 %
  of the arable land. | 1.   
  Where the arable land of the farmer covers between 10 and 30 hectares, cultivation on the arable land shall consist of at least two different crops. None of those crops shall cover more than 80 % of the arable land. |
| | Where the arable land of the farmer covers more than
  30
  hectares, cultivation on the arable land shall consist of at least three different crops
  except for holdings situated north of the 62nd parallel. The main crop shall not cover more than 75 %
  of the arable land and
  together
  the
  two main crops shall not cover more than 95 %
  of the arable land. |
| 2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the definition of ‘crop’ and the rules concerning the application of the precise calculation of shares of different crops. | 2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the definition of ‘crop’ and the rules concerning the application of the precise calculation of shares of different crops. |

Text proposed by the Commission

Amendment

Article 30

Article 30

Crop diversification

Crop diversification

1.   Where the arable land of the farmer covers more than
  3
  hectares
  and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year,
  cultivation on the arable land shall consist of at least three different crops.
  None of those three crops shall cover less than 5 %
  of the arable land and the
  main one shall not exceed 70 %
  of the arable land.

1.   
  Where the arable land of the farmer covers between 10 and 30 hectares, cultivation on the arable land shall consist of at least two different crops. None of those crops shall cover more than 80 % of the arable land.

Where the arable land of the farmer covers more than
  30
  hectares, cultivation on the arable land shall consist of at least three different crops
  except for holdings situated north of the 62nd parallel. The main crop shall not cover more than 75 %
  of the arable land and
  together
  the
  two main crops shall not cover more than 95 %
  of the arable land.

2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the definition of ‘crop’ and the rules concerning the application of the precise calculation of shares of different crops.

2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the definition of ‘crop’ and the rules concerning the application of the precise calculation of shares of different crops.

Amendment 64

Proposal for a regulation

Article 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 31 | Article 31 |
| Permanent grassland | Permanent grassland
  and permanent pasture |
| 1.   
  Farmers
  shall
  maintain as
  permanent grassland the areas of
  their
  holdings declared as such in the application made pursuant to Article 74(1) of Regulation (EU) No XXX (HZ) for claim year 2014, hereinafter referred to as ‘reference areas under permanent grassland’. | 1.   
  Member States
  shall
  ensure that the ratio of the land under
  permanent grassland
  and permanent pasture to the total agricultural area is maintained. Member States may apply this obligation at national, regional or sub regional level. |
| | For the purpose of the first subparagraph, land under permanent grassland and permanent pasture shall be considered to correspond to
  the areas of
  the
  holdings declared as such in the application made pursuant to Article 74(1) of Regulation (EU) No XXX (HZ) for claim year 2014, and shall hereinafter referred to as ‘reference areas under permanent grassland
  and permanent pasture
  ’. |
| The reference areas under permanent grassland shall be increased in cases where the farmer has an obligation to reconvert areas into permanent grassland in 2014 and/or in 2015 as referred to in Article 93 of Regulation (EU) No [...] HZR. | The reference areas under permanent grassland
  and permanent pasture
  shall be increased in cases where the farmer has an obligation to reconvert areas into permanent grassland in 2014 and/or in 2015 as referred to in Article 93 of Regulation (EU) No [...] HZR. |
| 2.   
  Farmers shall be allowed to convert
  a maximum of 5 % of
  their
  reference areas under permanent grassland.
  That limit shall not apply in the case of force majeure or exceptional circumstances. | 2.   
  Conversion of
  a maximum of 5 % of
  the
  reference areas under permanent grassland
  and permanent pasture shall be allowed, with the exception of carbon rich soils, wetlands and semi natural grassland and pastures. Under exceptional circumstances, this percentage may be increased to 7 %. |
| 3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland as laid down in the
  second
  subparagraph of paragraph 1, the renewal of permanent grassland, the reconversion of agricultural area into permanent grassland in case the authorised decrease referred to in paragraph 2 is exceeded, as well as the modification of the reference areas under permanent grassland in case of transfer of land. | 3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland
  and permanent pasture
  as laid down in the
  third
  subparagraph of paragraph 1, the renewal of permanent grassland
  and permanent pasture
  , the reconversion of agricultural area into permanent grassland
  and permanent pasture
  in
  the
  case
  that
  the authorised decrease referred to in paragraph 2 is exceeded, as well as
  concerning the exceptional circumstances referred to in paragraph 2 and
  the modification of the reference areas under permanent grassland
  and permanent pasture,
  in
  the
  case of
  the
  transfer of land. |

Text proposed by the Commission

Amendment

Article 31

Article 31

Permanent grassland

Permanent grassland
  and permanent pasture

1.   
  Farmers
  shall
  maintain as
  permanent grassland the areas of
  their
  holdings declared as such in the application made pursuant to Article 74(1) of Regulation (EU) No XXX (HZ) for claim year 2014, hereinafter referred to as ‘reference areas under permanent grassland’.

1.   
  Member States
  shall
  ensure that the ratio of the land under
  permanent grassland
  and permanent pasture to the total agricultural area is maintained. Member States may apply this obligation at national, regional or sub regional level.

For the purpose of the first subparagraph, land under permanent grassland and permanent pasture shall be considered to correspond to
  the areas of
  the
  holdings declared as such in the application made pursuant to Article 74(1) of Regulation (EU) No XXX (HZ) for claim year 2014, and shall hereinafter referred to as ‘reference areas under permanent grassland
  and permanent pasture
  ’.

The reference areas under permanent grassland shall be increased in cases where the farmer has an obligation to reconvert areas into permanent grassland in 2014 and/or in 2015 as referred to in Article 93 of Regulation (EU) No [...] HZR.

The reference areas under permanent grassland
  and permanent pasture
  shall be increased in cases where the farmer has an obligation to reconvert areas into permanent grassland in 2014 and/or in 2015 as referred to in Article 93 of Regulation (EU) No [...] HZR.

2.   
  Farmers shall be allowed to convert
  a maximum of 5 % of
  their
  reference areas under permanent grassland.
  That limit shall not apply in the case of force majeure or exceptional circumstances.

2.   
  Conversion of
  a maximum of 5 % of
  the
  reference areas under permanent grassland
  and permanent pasture shall be allowed, with the exception of carbon rich soils, wetlands and semi natural grassland and pastures. Under exceptional circumstances, this percentage may be increased to 7 %.

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland as laid down in the
  second
  subparagraph of paragraph 1, the renewal of permanent grassland, the reconversion of agricultural area into permanent grassland in case the authorised decrease referred to in paragraph 2 is exceeded, as well as the modification of the reference areas under permanent grassland in case of transfer of land.

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland
  and permanent pasture
  as laid down in the
  third
  subparagraph of paragraph 1, the renewal of permanent grassland
  and permanent pasture
  , the reconversion of agricultural area into permanent grassland
  and permanent pasture
  in
  the
  case
  that
  the authorised decrease referred to in paragraph 2 is exceeded, as well as
  concerning the exceptional circumstances referred to in paragraph 2 and
  the modification of the reference areas under permanent grassland
  and permanent pasture,
  in
  the
  case of
  the
  transfer of land.

Amendment 65

Proposal for a regulation

Article 32

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 32 | Article 32 |
| Ecological focus area | Ecological focus area |
| 1.   Farmers shall ensure that at least
  7 %
  of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in article 25(2)(b)(ii). | 1.   
  Where the arable land covers more than 10 hectares,
  farmers shall ensure,
  during the first year of implementation of the present regulation,
  that at least
  3 %
  of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland
  and permanent pasture and permanent crops
  , is ecological focus area such as land left fallow, terraces, landscape features
  including hedgerows, ditches, stonewalls, in field trees and ponds, land planted with nitrogen-fixing crops
  , buffer strips and afforested areas as referred to in article 25(2)(b)(ii).
  Farmers may apply this measure to their entire holding. |
| | Farmers may use an ecological focus area for production without utilisation of pesticide or fertiliser application. |
| | From 1 January 2016, the percentage indicated in the first subparagraph shall be raised to 5 %. |
| | 1a.
     
  Before 31 March 2017, the Commission shall present an evaluation report of the measures under paragraph 1 to the European Parliament and the Council; accompanied by the necessary legislative proposals, in order to increase, if appropriate, up to 7 % the percentage mentioned in paragraph 1 for the year 2018 and after taking into account the impact on the environment and agricultural production. |
| | 1b.
     
  By way of derogation from paragraph 1, from 1 January 2016, Member States may decide to implement up to three percentage points of the ecological focus areas at a regional level in order to obtain adjacent ecological areas. |
| | 1c.
     
  Farmers may lease back from the local authority an agricultural area of high nature value which has entered public ownership as a result of land consolidation or similar procedures and may designate it as ecological focus area provided that it meets the criteria set out in paragraph 1. |
| | 1d.
     
  Ecological focus areas may be weighted on the basis of their ecological significance. The Commission shall approve the set of weighting coefficients submitted by Member Sates taking into account equivalent environmental and climatic performance criteria. |
| 2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the types of ecological focus areas referred to in paragraph 1 of this Article
  and
  to add and define other types of ecological focus areas that can be taken into account
  for the respect of
  the percentage referred to in
  that
  paragraph. | 2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the types of ecological focus areas referred to in paragraph 1 of this Article
  , to lay down an Union-wide framework of weighting coefficients for the purpose of calculating the hectares represented by the various types of ecological focus area referred to in paragraph 1d of this Article and
  to add and define other types of ecological focus areas that may be taken into account
  when assessing
  the percentage referred to in paragraph
  1 of this Article and defining the regional level referred to in paragraph 1b of this Article. |

Text proposed by the Commission

Amendment

Article 32

Article 32

Ecological focus area

Ecological focus area

1.   Farmers shall ensure that at least
  7 %
  of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in article 25(2)(b)(ii).

1.   
  Where the arable land covers more than 10 hectares,
  farmers shall ensure,
  during the first year of implementation of the present regulation,
  that at least
  3 %
  of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland
  and permanent pasture and permanent crops
  , is ecological focus area such as land left fallow, terraces, landscape features
  including hedgerows, ditches, stonewalls, in field trees and ponds, land planted with nitrogen-fixing crops
  , buffer strips and afforested areas as referred to in article 25(2)(b)(ii).
  Farmers may apply this measure to their entire holding.

Farmers may use an ecological focus area for production without utilisation of pesticide or fertiliser application.

From 1 January 2016, the percentage indicated in the first subparagraph shall be raised to 5 %.

1a.
     
  Before 31 March 2017, the Commission shall present an evaluation report of the measures under paragraph 1 to the European Parliament and the Council; accompanied by the necessary legislative proposals, in order to increase, if appropriate, up to 7 % the percentage mentioned in paragraph 1 for the year 2018 and after taking into account the impact on the environment and agricultural production.

1b.
     
  By way of derogation from paragraph 1, from 1 January 2016, Member States may decide to implement up to three percentage points of the ecological focus areas at a regional level in order to obtain adjacent ecological areas.

1c.
     
  Farmers may lease back from the local authority an agricultural area of high nature value which has entered public ownership as a result of land consolidation or similar procedures and may designate it as ecological focus area provided that it meets the criteria set out in paragraph 1.

1d.
     
  Ecological focus areas may be weighted on the basis of their ecological significance. The Commission shall approve the set of weighting coefficients submitted by Member Sates taking into account equivalent environmental and climatic performance criteria.

2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the types of ecological focus areas referred to in paragraph 1 of this Article
  and
  to add and define other types of ecological focus areas that can be taken into account
  for the respect of
  the percentage referred to in
  that
  paragraph.

2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the types of ecological focus areas referred to in paragraph 1 of this Article
  , to lay down an Union-wide framework of weighting coefficients for the purpose of calculating the hectares represented by the various types of ecological focus area referred to in paragraph 1d of this Article and
  to add and define other types of ecological focus areas that may be taken into account
  when assessing
  the percentage referred to in paragraph
  1 of this Article and defining the regional level referred to in paragraph 1b of this Article.

Amendment 66

Proposal for a regulation

Article 34 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The payment per hectare referred to in paragraph 1 shall be calculated by dividing the amount resulting from the application of Article 35 by the number of eligible hectares declared according to Article 26(1)
  which are situated in the areas
  to which Member States decided to grant a payment in accordance with paragraph 2 of this Article. | 4.   The payment per hectare referred to in paragraph 1 shall be calculated by dividing the amount resulting from the application of Article 35 by the number of eligible hectares declared according to Article 26(1) to which Member States decided to grant a payment in accordance with paragraph 2 of this Article. |

Text proposed by the Commission

Amendment

4.   The payment per hectare referred to in paragraph 1 shall be calculated by dividing the amount resulting from the application of Article 35 by the number of eligible hectares declared according to Article 26(1)
  which are situated in the areas
  to which Member States decided to grant a payment in accordance with paragraph 2 of this Article.

4.   The payment per hectare referred to in paragraph 1 shall be calculated by dividing the amount resulting from the application of Article 35 by the number of eligible hectares declared according to Article 26(1) to which Member States decided to grant a payment in accordance with paragraph 2 of this Article.

Amendment 67

Proposal for a regulation

Article 34 — paragraph 4 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Member States may vary the payment per hectare on the basis of objective and non-discriminatory criteria. |

Text proposed by the Commission

Amendment

Member States may vary the payment per hectare on the basis of objective and non-discriminatory criteria.

Amendment 68

Proposal for a regulation

Article 34 — paragraph 4 — subparagraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | If they apply the first subparagraph, Member States may set the maximum number of hectares per holding which are to be taken into account for the payment. |

Text proposed by the Commission

Amendment

If they apply the first subparagraph, Member States may set the maximum number of hectares per holding which are to be taken into account for the payment.

Amendment 69

Proposal for a regulation

Article 35 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   According to the percentage of the national ceiling to be used by Member States pursuant to paragraph 1, the Commission shall
  , by means of implementing
  acts, fix the corresponding ceiling for that payment on a yearly basis.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2). | 2.   According to the percentage of the national ceiling to be used by Member States pursuant to paragraph 1, the Commission shall
  be empowered to adopt delegated
  acts
  , in accordance with Article 55, to
  fix the corresponding ceiling for that payment on a yearly basis. |

Text proposed by the Commission

Amendment

2.   According to the percentage of the national ceiling to be used by Member States pursuant to paragraph 1, the Commission shall
  , by means of implementing
  acts, fix the corresponding ceiling for that payment on a yearly basis.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

2.   According to the percentage of the national ceiling to be used by Member States pursuant to paragraph 1, the Commission shall
  be empowered to adopt delegated
  acts
  , in accordance with Article 55, to
  fix the corresponding ceiling for that payment on a yearly basis.

Amendment 70

Proposal for a regulation

Article 36

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 36 | Article 36 |
| General rules | General rules |
| 1.   Member States shall grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1. | 1.   Member States shall grant an annual payment,
  subject to the conditions laid down in this Chapter,
  to young farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1. |
| 2.   For the purposes of this Chapter, ‘young farmers’, shall mean: | 2.   For the purposes of this Chapter, ‘young farmers’, shall mean: |
| (a) | natural persons who are setting up for the first time an agricultural holding as head of the holding, or who have already set up such a holding during the five years preceding the first submission of an application to the basic payment scheme as referred in Article 73(1) of Regulation (EU) No [...] [HZR], and |

Text proposed by the Commission

Amendment

Article 36

Article 36

General rules

General rules

1.   Member States shall grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1.

1.   Member States shall grant an annual payment,
  subject to the conditions laid down in this Chapter,
  to young farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1.

2.   For the purposes of this Chapter, ‘young farmers’, shall mean:

2.   For the purposes of this Chapter, ‘young farmers’, shall mean:

(a)

natural persons who are setting up for the first time an agricultural holding as head of the holding, or who have already set up such a holding during the five years preceding the first submission of an application to the basic payment scheme as referred in Article 73(1) of Regulation (EU) No [...] [HZR], and

| (a) | natural persons who are setting up for the first time an agricultural holding as head of the holding, or who have already set up such a holding during the five years preceding the first submission of an application to the basic payment scheme as referred in Article 73(1) of Regulation (EU) No [...] [HZR], and |
| --- | --- |

(a)

natural persons who are setting up for the first time an agricultural holding as head of the holding, or who have already set up such a holding during the five years preceding the first submission of an application to the basic payment scheme as referred in Article 73(1) of Regulation (EU) No [...] [HZR], and

| (b) | who are less than 40 years of age at the moment of submitting the application referred to in point (a). |
| --- | --- |

(b)

who are less than 40 years of age at the moment of submitting the application referred to in point (a).

| (b) | who are less than 40 years of age at the moment of submitting the application referred to in point (a). |
| --- | --- |

(b)

who are less than 40 years of age at the moment of submitting the application referred to in point (a).

| (ba) | Member States may determine additional objective and non-discriminatory criteria that young farmers are to fulfil as regards, in particular, appropriate skills, experience and/or training requirements. |
| --- | --- |

(ba)

Member States may determine additional objective and non-discriminatory criteria that young farmers are to fulfil as regards, in particular, appropriate skills, experience and/or training requirements.

3.   Without prejudice to the application of financial discipline, progressive reduction and capping, linear reductions as referred in Article 7, and any reductions and exclusions imposed pursuant to Article 65 of Regulation (EU) No [...] [HZR], the payment referred to in paragraph 1 of this Article shall be granted annually upon activation of payment entitlements by the farmer.

3.   Without prejudice to the application of financial discipline, progressive reduction and capping, linear reductions as referred in Article 7, and any reductions and exclusions imposed pursuant to Article 65 of Regulation (EU) No [...] [HZR], the payment referred to in paragraph 1 of this Article shall be granted annually upon activation of payment entitlements by the farmer.

4.   The payment referred to in paragraph 1 shall be granted per farmer for a period of maximum five years. That period shall be reduced by the number of years elapsed between the setting up and the first submission of the application referred to in point (a) of paragraph 2.

4.   The payment referred to in paragraph 1 shall be granted per farmer for a period of maximum five years. That period shall be reduced by the number of years elapsed between the setting up and the first submission of the application referred to in point (a) of paragraph 2.

5.   Member States shall calculate each year the amount of the payment referred to in paragraph 1 by multiplying a figure corresponding to 25 % of the average value of the payment entitlements
  held by the farmer
  by the number of entitlements he has activated in accordance with Article 26(1).

5.   Member States shall calculate each year the amount of the payment referred to in paragraph 1 by multiplying a figure corresponding to 25 % of the average value of the payment entitlements
  in the Member State or region concerned
  by the number of entitlements the farmer he has activated in accordance with Article 26(1).

When applying the first subparagraph, Member States shall
  respect the following maximum limits in the number of activated payment entitlements that are to be taken into account:

When applying the first subparagraph, Member States shall
  fix a limit which may be up to a maximum of 100 hectares.

| (a) | in Member States where the average size of agricultural holdings as set out in Annex VI is lower than, or equal to, 25 hectares, a maximum of 25; |
| --- | --- |

(a)

in Member States where the average size of agricultural holdings as set out in Annex VI is lower than, or equal to, 25 hectares, a maximum of 25;

| (b) | in Member States where the average size of agricultural holdings as set out in Annex VI is higher than 25 hectares, a maximum that shall be no less that 25 and no greater than that average size. |
| --- | --- |

(b)

in Member States where the average size of agricultural holdings as set out in Annex VI is higher than 25 hectares, a maximum that shall be no less that 25 and no greater than that average size.

6.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning the conditions under which a legal person may be considered eligible for receiving the payment referred to in paragraph 1, in particular the application of the age-limit set out in paragraph 2(b) to one ore more natural persons participating in the legal person.

6.   The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning the conditions under which a legal person may be considered eligible for receiving the payment referred to in paragraph 1, in particular the application of the age-limit set out in paragraph 2(b) to one ore more natural persons participating in the legal person.

Amendment 71

Proposal for a regulation

Article 37

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 37 | Article 37 |
| Financial provisions | Financial provisions |
| 1.   In order to finance the payment referred to in Article 36, Member States shall use
  a percentage
  of the annual national ceiling set out in Annex II
  which shall not be higher than 2 %. They shall notify the Commission, by 1 August 2013, of the estimated percentage necessary to finance that payment
  . | 1.   In order to finance the payment referred to in Article 36, Member States shall use
  2 %
  of the annual national ceiling set out in Annex II. |
| | Where the estimated percentage necessary to finance the payment referred to in Article 36 is lower than 2 %, Member States may allocate the remainder of the respective amounts in order to linearly increase the value of payment entitlements of the national reserve, giving priority to young farmers and new farmers in accordance with Article 23(4). |
| | By way of derogation from the first subparagraph, Member States may decide to increase the percentage mentioned in that subparagraph in order to give priority to chosen beneficiaries at national level, based on objective and non-discriminatory criteria. Such decision shall be notified to the Commission before 1 August 2013. |
| Member States may, by 1 August 2016, review their estimated percentage with effect from 1 January 2017. They shall notify the Commission of the reviewed percentage by 1 August 2016. | Member States may, by 1 August 2016, review their estimated percentage
  necessary to finance the payment referred to in Article 36
  with effect from 1 January 2017. They shall notify the Commission of the reviewed percentage by 1 August 2016. |
| 2.   Without prejudice to the maximum of 2 % set under paragraph 1, where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling is lower than 2 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to all payments to be granted to all farmers in accordance with Article 25. | 2.   Without prejudice to the maximum of 2 % set under paragraph 1, where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling is lower than 2 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to all payments to be granted to all farmers in accordance with Article 25. |
| 3.   Where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling amounts to 2 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with Article 36 in order to comply with that ceiling. | 3.   Where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling amounts to 2 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with Article 36 in order to comply with that ceiling. |
| 4.   On the basis of the estimated percentage notified by Member States pursuant to paragraph 1, the Commission shall, by means of implementing acts, set the corresponding ceiling for the payment referred to in Article 36 on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2). | 4.   On the basis of the estimated percentage notified by Member States pursuant to paragraph 1, the Commission shall, by means of implementing acts, set the corresponding ceiling for the payment referred to in Article 36 on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2). |

Text proposed by the Commission

Amendment

Article 37

Article 37

Financial provisions

Financial provisions

1.   In order to finance the payment referred to in Article 36, Member States shall use
  a percentage
  of the annual national ceiling set out in Annex II
  which shall not be higher than 2 %. They shall notify the Commission, by 1 August 2013, of the estimated percentage necessary to finance that payment
  .

1.   In order to finance the payment referred to in Article 36, Member States shall use
  2 %
  of the annual national ceiling set out in Annex II.

Where the estimated percentage necessary to finance the payment referred to in Article 36 is lower than 2 %, Member States may allocate the remainder of the respective amounts in order to linearly increase the value of payment entitlements of the national reserve, giving priority to young farmers and new farmers in accordance with Article 23(4).

By way of derogation from the first subparagraph, Member States may decide to increase the percentage mentioned in that subparagraph in order to give priority to chosen beneficiaries at national level, based on objective and non-discriminatory criteria. Such decision shall be notified to the Commission before 1 August 2013.

Member States may, by 1 August 2016, review their estimated percentage with effect from 1 January 2017. They shall notify the Commission of the reviewed percentage by 1 August 2016.

Member States may, by 1 August 2016, review their estimated percentage
  necessary to finance the payment referred to in Article 36
  with effect from 1 January 2017. They shall notify the Commission of the reviewed percentage by 1 August 2016.

2.   Without prejudice to the maximum of 2 % set under paragraph 1, where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling is lower than 2 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to all payments to be granted to all farmers in accordance with Article 25.

2.   Without prejudice to the maximum of 2 % set under paragraph 1, where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling is lower than 2 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to all payments to be granted to all farmers in accordance with Article 25.

3.   Where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling amounts to 2 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with Article 36 in order to comply with that ceiling.

3.   Where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling amounts to 2 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with Article 36 in order to comply with that ceiling.

4.   On the basis of the estimated percentage notified by Member States pursuant to paragraph 1, the Commission shall, by means of implementing acts, set the corresponding ceiling for the payment referred to in Article 36 on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

4.   On the basis of the estimated percentage notified by Member States pursuant to paragraph 1, the Commission shall, by means of implementing acts, set the corresponding ceiling for the payment referred to in Article 36 on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

Amendment 72

Proposal for a regulation

Article 38 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Coupled support may be granted to the
  following
  sectors and productions
  : cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice
  . | Coupled support may be granted to the sectors and productions
  referred to in Annex I to the Treaty, with the exception of fisheries products
  . |

Text proposed by the Commission

Amendment

Coupled support may be granted to the
  following
  sectors and productions
  : cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice
  .

Coupled support may be granted to the sectors and productions
  referred to in Annex I to the Treaty, with the exception of fisheries products
  .

Amendment 73

Proposal for a regulation

Article 38 — paragraph 1 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Appropriations earmarked for coupled payments shall be allocated as a matter of priority to productions in respect of which coupled payments were made during the period 2010-2013 under Articles 68, 101 and 111 of Regulation (EC) No 73/2009. |

Text proposed by the Commission

Amendment

Appropriations earmarked for coupled payments shall be allocated as a matter of priority to productions in respect of which coupled payments were made during the period 2010-2013 under Articles 68, 101 and 111 of Regulation (EC) No 73/2009.

Amendment 74

Proposal for a regulation

Article 38 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Members States may grant coupled support to farmers with special entitlements in 2010 in accordance with Articles 60 and 65 of Regulation (EC) No 73/2009 independently of the basic payment referred to in Title III, Chapter 1 of this Regulation. |

Text proposed by the Commission

Amendment

3a.
     
  Members States may grant coupled support to farmers with special entitlements in 2010 in accordance with Articles 60 and 65 of Regulation (EC) No 73/2009 independently of the basic payment referred to in Title III, Chapter 1 of this Regulation.

Amendment 75

Proposal for a regulation

Article 38 — paragraph 3 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3b.
     
  Member States may grant coupled support to livestock farmers who do not own the majority of the land they farm. |

Text proposed by the Commission

Amendment

3b.
     
  Member States may grant coupled support to livestock farmers who do not own the majority of the land they farm.

Amendment 76

Proposal for a regulation

Article 38 — paragraph 3 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3c.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the transitional measures to be applied to these farmers. |

Text proposed by the Commission

Amendment

3c.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the transitional measures to be applied to these farmers.

Amendment 77

Proposal for a regulation

Article 38 — paragraph 4 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | By way of derogation from the first subparagraph, the limit for the grant of coupled support may be extended beyond that required to maintain existing production levels, provided that the purpose of the coupled support is environmental. The Member State concerned shall set such a limit in accordance with specified environmental objectives or challenges. The limit thus set shall be notified to the Commission in accordance with Article 40 and shall be approved in accordance with Article 41. |

Text proposed by the Commission

Amendment

By way of derogation from the first subparagraph, the limit for the grant of coupled support may be extended beyond that required to maintain existing production levels, provided that the purpose of the coupled support is environmental. The Member State concerned shall set such a limit in accordance with specified environmental objectives or challenges. The limit thus set shall be notified to the Commission in accordance with Article 40 and shall be approved in accordance with Article 41.

Amendment 78

Proposal for a regulation

Article 39 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   In order to finance the voluntary coupled support, Member States may decide, by 1 August of the year preceding the first year of implementation of such support, to use up to
  5
   % of their annual national ceiling set out in Annex II. | 1.   In order to finance the voluntary coupled support, Member States may decide, by 1 August of the year preceding the first year of implementation of such support, to use up to
  15
   % of their annual national ceiling set out in Annex II. |

Text proposed by the Commission

Amendment

1.   In order to finance the voluntary coupled support, Member States may decide, by 1 August of the year preceding the first year of implementation of such support, to use up to
  5
   % of their annual national ceiling set out in Annex II.

1.   In order to finance the voluntary coupled support, Member States may decide, by 1 August of the year preceding the first year of implementation of such support, to use up to
  15
   % of their annual national ceiling set out in Annex II.

Amendment 79

Proposal for a regulation

Article 39 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The percentage of the national ceiling referred to in paragraph 1 may be increased by three percentage points for those Member States which decide to use at least 3 % of their national ceiling as defined in Annex II in order to support the production of protein crops under this Chapter. |

Text proposed by the Commission

Amendment

1a.
     
  The percentage of the national ceiling referred to in paragraph 1 may be increased by three percentage points for those Member States which decide to use at least 3 % of their national ceiling as defined in Annex II in order to support the production of protein crops under this Chapter.

Amendment 80

Proposal for a regulation

Article 39 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  By way of derogation from paragraph 1, Member States may decide to use up to 10 % of the annual national ceiling set out in Annex II provided that: | deleted |
| (a) | they applied, until 31 December 2013, the single area payment scheme as laid down in Title V of Regulation (EC) No 73/2009, or financed measures under Article 111 of that Regulation, or are concerned by the derogation provided for in Article 69(5), or, in the case of Malta, in Article 69(1) of that Regulation; and/or |

Text proposed by the Commission

Amendment

2.
     
  By way of derogation from paragraph 1, Member States may decide to use up to 10 % of the annual national ceiling set out in Annex II provided that:

deleted

(a)

they applied, until 31 December 2013, the single area payment scheme as laid down in Title V of Regulation (EC) No 73/2009, or financed measures under Article 111 of that Regulation, or are concerned by the derogation provided for in Article 69(5), or, in the case of Malta, in Article 69(1) of that Regulation; and/or

| (b) | they allocated, during at least one year in the period 2010-2013, more than 5 % of their amount available for granting the direct payments provided for in Titles III, IV and V of Regulation (EC) No 73/2009, with the exception of Section 6 of Chapter 1 of Title IV, for financing the measures laid down in Section 2 of Chapter 2 of Title III of Regulation (EC) No 73/2009, the support provided for in points (i) to (iv) of paragraph 1(a) and paragraphs 1(b) and (e) of Article 68 of that Regulation, or the measures under Chapter 1, with the exception of Section 6, of Title IV of that Regulation. |
| --- | --- |

(b)

they allocated, during at least one year in the period 2010-2013, more than 5 % of their amount available for granting the direct payments provided for in Titles III, IV and V of Regulation (EC) No 73/2009, with the exception of Section 6 of Chapter 1 of Title IV, for financing the measures laid down in Section 2 of Chapter 2 of Title III of Regulation (EC) No 73/2009, the support provided for in points (i) to (iv) of paragraph 1(a) and paragraphs 1(b) and (e) of Article 68 of that Regulation, or the measures under Chapter 1, with the exception of Section 6, of Title IV of that Regulation.

Amendment 82

Proposal for a regulation

Article 39 — paragraph 4 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Member States may, by 1 August 2016, review their decision pursuant to paragraphs 1,
  2 and 3
  and decide, with effect from 2017: | 4.   Member States may, by 1 August 2016, review their decision pursuant to paragraph
  s
  1
  and 1a
  , and decide, with effect from 2017: |

Text proposed by the Commission

Amendment

4.   Member States may, by 1 August 2016, review their decision pursuant to paragraphs 1,
  2 and 3
  and decide, with effect from 2017:

4.   Member States may, by 1 August 2016, review their decision pursuant to paragraph
  s
  1
  and 1a
  , and decide, with effect from 2017:

Amendment 83

Proposal for a regulation

Article 39 — paragraph 4 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | to increase the percentage fixed pursuant to paragraphs 1
  and 2
  , within the limits laid down therein where applicable, and, where appropriate, modify the conditions for granting the support; |

Text proposed by the Commission

Amendment

(a)

to increase the percentage fixed pursuant to paragraphs 1
  and 2
  , within the limits laid down therein where applicable, and, where appropriate, modify the conditions for granting the support;

| (a) | to increase the percentage fixed pursuant to paragraphs 1
  and 1a
  , within the limits laid down therein where applicable, and, where appropriate, modify the conditions for granting the support; |
| --- | --- |

(a)

to increase the percentage fixed pursuant to paragraphs 1
  and 1a
  , within the limits laid down therein where applicable, and, where appropriate, modify the conditions for granting the support;

Amendment 84

Proposal for a regulation

Article 39 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   On the basis of the decision taken by each Member State pursuant to paragraphs 1
  to
  4 on the proportion of the national ceiling to be used, the Commission shall
  , by means of implementing acts,
  fix the corresponding ceiling for the support on a yearly basis.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2). | 5.   On the basis of the decision taken by each Member State pursuant to paragraphs 1
  , 1a and
  4 on the proportion of the national ceiling to be used, the Commission shall
  be empowered to adopt delegated acts, in accordance with Article 55, to
  fix the corresponding ceiling for the support on a yearly basis. |

Text proposed by the Commission

Amendment

5.   On the basis of the decision taken by each Member State pursuant to paragraphs 1
  to
  4 on the proportion of the national ceiling to be used, the Commission shall
  , by means of implementing acts,
  fix the corresponding ceiling for the support on a yearly basis.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

5.   On the basis of the decision taken by each Member State pursuant to paragraphs 1
  , 1a and
  4 on the proportion of the national ceiling to be used, the Commission shall
  be empowered to adopt delegated acts, in accordance with Article 55, to
  fix the corresponding ceiling for the support on a yearly basis.

Amendment 85

Proposal for a regulation

Article 39 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 39a |
| | Optional additional national support |
| | 1.
     
  Member States which decide to introduce voluntary coupled support in the suckler cow sector in accordance with Article 38 may grant an additional national premium to farmers to top up the coupled support they receive for the same calendar year. |
| | 2.
     
  Member States shall notify farmers of the conditions governing the award of this additional national support at the same time as and using the same arrangements as for the notification of the coupled support. |

Text proposed by the Commission

Amendment

Article 39a

Optional additional national support

1.
     
  Member States which decide to introduce voluntary coupled support in the suckler cow sector in accordance with Article 38 may grant an additional national premium to farmers to top up the coupled support they receive for the same calendar year.

2.
     
  Member States shall notify farmers of the conditions governing the award of this additional national support at the same time as and using the same arrangements as for the notification of the coupled support.

Amendment 86

Proposal for a regulation

Article 41 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall
  , by means of an implementing act,
  approve the decision referred to
  in Article 39(3), or, where appropriate,
  in Article 39(4)(a), where one of the following needs in the region or sector concerned is demonstrated: | 1.   The Commission shall
  be empowered to adopt delegated acts, in accordance with Article 55, to
  approve the decision referred to in Article 39(4)(a), where one of the following needs in the region or sector concerned is demonstrated: |

Text proposed by the Commission

Amendment

1.   The Commission shall
  , by means of an implementing act,
  approve the decision referred to
  in Article 39(3), or, where appropriate,
  in Article 39(4)(a), where one of the following needs in the region or sector concerned is demonstrated:

1.   The Commission shall
  be empowered to adopt delegated acts, in accordance with Article 55, to
  approve the decision referred to in Article 39(4)(a), where one of the following needs in the region or sector concerned is demonstrated:

Amendment 87

Proposal for a regulation

Article 47

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 47 | Article 47 |
| General rules | General rules |
| 1.   Farmers holding payment entitlements allocated in 2014 pursuant to Article 21 and fulfilling the minimum requirements provided for in Article 10(1)
  may opt for participation
  in
  a
  simplified scheme under the conditions laid down in this Title,
  hereinafter referred to as
  ‘small farmers scheme’. | 1.   
  Member States may set up a simplified small farmers scheme in accordance with the conditions laid down in this Title. If a Member State applies such a scheme,
  farmers holding payment entitlements allocated in 2014 pursuant to Article 21 and fulfilling the minimum requirements provided for in Article 10(1)
  shall participate
  in
  the
  simplified scheme under the conditions laid down in this Title, (‘small farmers scheme’). |
| | Farmers entitled pursuant to Titles III and IV to payments of less than EUR 1 500 shall automatically be included in such small farmers scheme. |
| 2.   Payments under the small farmers scheme shall replace the payments to be granted pursuant to Titles III and IV. | 2.   Payments under the small farmers scheme shall replace the payments to be granted pursuant to Titles III and IV. |
| 3.   Farmers participating in the small farmers scheme shall be exempted from the agricultural practises provided for in Chapter 2 of Title III. | 3.   Farmers participating in the small farmers scheme shall be exempted from the agricultural practises provided for in Chapter 2 of Title III. |
| 4.   Member States shall ensure that no payment is made to farmers for whom it is established that, as from the date of publication of the Commission proposal for this Regulation, they divide their holding with the sole purpose of benefiting from the small farmers scheme. This shall also apply to farmers whose holdings result from that division. | 4.   Member States shall ensure that no payment is made to farmers for whom it is established that, as from the date of publication of the Commission proposal for this Regulation, they divide their holding with the sole purpose of benefiting from the small farmers scheme. This shall also apply to farmers whose holdings result from that division. |

Text proposed by the Commission

Amendment

Article 47

Article 47

General rules

General rules

1.   Farmers holding payment entitlements allocated in 2014 pursuant to Article 21 and fulfilling the minimum requirements provided for in Article 10(1)
  may opt for participation
  in
  a
  simplified scheme under the conditions laid down in this Title,
  hereinafter referred to as
  ‘small farmers scheme’.

1.   
  Member States may set up a simplified small farmers scheme in accordance with the conditions laid down in this Title. If a Member State applies such a scheme,
  farmers holding payment entitlements allocated in 2014 pursuant to Article 21 and fulfilling the minimum requirements provided for in Article 10(1)
  shall participate
  in
  the
  simplified scheme under the conditions laid down in this Title, (‘small farmers scheme’).

Farmers entitled pursuant to Titles III and IV to payments of less than EUR 1 500 shall automatically be included in such small farmers scheme.

2.   Payments under the small farmers scheme shall replace the payments to be granted pursuant to Titles III and IV.

2.   Payments under the small farmers scheme shall replace the payments to be granted pursuant to Titles III and IV.

3.   Farmers participating in the small farmers scheme shall be exempted from the agricultural practises provided for in Chapter 2 of Title III.

3.   Farmers participating in the small farmers scheme shall be exempted from the agricultural practises provided for in Chapter 2 of Title III.

4.   Member States shall ensure that no payment is made to farmers for whom it is established that, as from the date of publication of the Commission proposal for this Regulation, they divide their holding with the sole purpose of benefiting from the small farmers scheme. This shall also apply to farmers whose holdings result from that division.

4.   Member States shall ensure that no payment is made to farmers for whom it is established that, as from the date of publication of the Commission proposal for this Regulation, they divide their holding with the sole purpose of benefiting from the small farmers scheme. This shall also apply to farmers whose holdings result from that division.

Amendment 88

Proposal for a regulation

Article 48

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 48 | Article 48 |
| Participation | Participation |
| Farmers
  wishing to participate in the small farmers scheme shall submit an application
  by 15 October 2014. | The list of
  farmers
  referred to in Article 47(1) shall be notified to the Commission by national authorities
  by 15 October 2014. |
| Farmers
  not having applied for participation in the small farmers scheme by 15 October 2014 or deciding
  to withdraw from it after that date or selected for support under Article 20(1)(c) of Regulation (EU) No [...] [RDR] shall no longer have the right to participate in that scheme. | Farmers
  referred to in Article 47(1) who decide
  to withdraw from
  the small farmers scheme
  after that date or selected for support under Article 20(1)(c) of Regulation (EU) No [...] [RDR] shall no longer have the right to participate in that scheme. |

Text proposed by the Commission

Amendment

Article 48

Article 48

Participation

Participation

Farmers
  wishing to participate in the small farmers scheme shall submit an application
  by 15 October 2014.

The list of
  farmers
  referred to in Article 47(1) shall be notified to the Commission by national authorities
  by 15 October 2014.

Farmers
  not having applied for participation in the small farmers scheme by 15 October 2014 or deciding
  to withdraw from it after that date or selected for support under Article 20(1)(c) of Regulation (EU) No [...] [RDR] shall no longer have the right to participate in that scheme.

Farmers
  referred to in Article 47(1) who decide
  to withdraw from
  the small farmers scheme
  after that date or selected for support under Article 20(1)(c) of Regulation (EU) No [...] [RDR] shall no longer have the right to participate in that scheme.

Amendment 89

Proposal for a regulation

Article 49

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 49 | Article 49 |
| Amount of the payment | Amount of the payment |
| 1.   Member States shall set the amount of the annual payment for the small farmers scheme at one of the following levels, subject to paragraphs 2 and 3: | 1.   Member States shall set the amount of the annual payment for the small farmers scheme at one of the following levels, subject to paragraphs 2 and 3: |
| (a) | an amount not exceeding
  15 %
  of the national average payment per beneficiary; |

Text proposed by the Commission

Amendment

Article 49

Article 49

Amount of the payment

Amount of the payment

1.   Member States shall set the amount of the annual payment for the small farmers scheme at one of the following levels, subject to paragraphs 2 and 3:

1.   Member States shall set the amount of the annual payment for the small farmers scheme at one of the following levels, subject to paragraphs 2 and 3:

(a)

an amount not exceeding
  15 %
  of the national average payment per beneficiary;

| (a) | an amount not exceeding
  25 %
  of the national average payment per beneficiary; |
| --- | --- |

(a)

an amount not exceeding
  25 %
  of the national average payment per beneficiary;

| (b) | an amount corresponding to the national average payment per hectare multiplied by a figure corresponding to the number of hectares with a maximum of
  three
  . |
| --- | --- |

(b)

an amount corresponding to the national average payment per hectare multiplied by a figure corresponding to the number of hectares with a maximum of
  three
  .

| (b) | an amount corresponding to the national average payment per hectare multiplied by a figure corresponding to the number of hectares with a maximum of
  five
  . |
| --- | --- |

(b)

an amount corresponding to the national average payment per hectare multiplied by a figure corresponding to the number of hectares with a maximum of
  five
  .

By way of derogation from subparagraph 1, Member States may decide that the annual payment is to be equal to the amount that the farmer would be entitled to under Article 18, Article 29, Article 34, Article 36 and Article 38 in the year of entering into the scheme, but not higher than EUR 1 500.

The national average referred to in point (a) of the first subparagraph shall be established by the Member States on the basis of the national ceiling set in Annex II for calendar year 2019 and the number of farmers having obtained payment entitlements pursuant to Article 21(1).

The national average referred to in point (a) of the first subparagraph shall be established by the Member States on the basis of the national ceiling set in Annex II for calendar year 2019 and the number of farmers having obtained payment entitlements pursuant to Article 21(1).

The national average referred to in point (b) of the first subparagraph shall be established by the Member States on the basis of the national ceiling set in Annex II for calendar year 2019 and the number of eligible hectares declared in accordance with Article 26 in 2014.

The national average referred to in point (b) of the first subparagraph shall be established by the Member States on the basis of the national ceiling set in Annex II for calendar year 2019 and the number of eligible hectares declared in accordance with Article 26 in 2014.

2.   The amount referred to in paragraph 1 shall not be lower than EUR 500 and not be higher than EUR
  1 000
  . Without prejudice to Article 51(1), where the application of paragraph 1 results in an amount lower than EUR 500 or higher than EUR
  1 000
  , the amount shall be rounded up or down, respectively, to the minimum or maximum amount.

2.   The amount referred to in paragraph 1 shall not be lower than EUR 500 and not be higher than EUR
  1 500
  . Without prejudice to Article 51(1), where the application of paragraph 1 results in an amount lower than EUR 500 or higher than EUR
  1 500
  , the amount shall be rounded up or down, respectively, to the minimum or maximum amount.

3.   By way of derogation from paragraph 2, in Croatia, Cyprus and Malta the amount referred to in paragraph 1 may be set at a value lower than EUR 500, but not less than EUR 200.

3.   By way of derogation from paragraph 2, in Croatia, Cyprus and Malta the amount referred to in paragraph 1 may be set at a value lower than EUR 500, but not less than EUR 200.

Amendment 90

Proposal for a regulation

Article 51

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 51 | Article 51 |
| Financial provisions | Financial provisions |
| 1.   In order to finance the payment referred to in this Title, Member States shall deduct the amounts corresponding to the amounts to which the small farmers would be entitled as a basic payment referred to in Chapter 1 of Title III, as a payment for agricultural practises beneficial for the climate and the environment referred to in Chapter 2 of Title III and, where applicable, as a payment for areas with natural constraints referred to in Chapter 3 of Title III, as a payment for young farmers referred to in Chapter 4 of Title III and as coupled support referred to in Title IV from the total amounts available for the respective payments. | 1.   In order to finance the payment referred to in this Title, Member States shall deduct the amounts corresponding to the amounts to which the small farmers would be entitled as a basic payment referred to in Chapter 1 of Title III, as a payment for agricultural practises beneficial for the climate and the environment referred to in Chapter 2 of Title III and, where applicable, as a payment for areas with natural constraints referred to in Chapter 3 of Title III, as a payment for young farmers referred to in Chapter 4 of Title III and as coupled support referred to in Title IV from the total amounts available for the respective payments. |
| The difference between the sum of all payments due under the small farmers scheme and the total amount financed in accordance with the first sub-paragraph shall be financed by applying a linear reduction to all payments to be granted in accordance with Article 25. | The difference between the sum of all payments due under the small farmers scheme and the total amount financed in accordance with the first sub-paragraph shall be financed by applying a linear reduction to all payments to be granted in accordance with Article 25. |
| | Member States that exercise the option laid down in Article 20(1) may apply different reduction rates at regional level. |
| The elements on the basis of which the amounts referred to in the first subparagraph are established shall remain the same for the entire duration of the participation of the farmer in the scheme. | The elements on the basis of which the amounts referred to in the first subparagraph are established shall remain the same for the entire duration of the participation of the farmer in the scheme. |
| 2.   If the total amount of payments due under the small farmers scheme exceeds
  10 %
  of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with this Title in order to respect that percentage. | 2.   If the total amount of payments due under the small farmers scheme exceeds
  15 %
  of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with this Title in order to respect that percentage. |

Text proposed by the Commission

Amendment

Article 51

Article 51

Financial provisions

Financial provisions

1.   In order to finance the payment referred to in this Title, Member States shall deduct the amounts corresponding to the amounts to which the small farmers would be entitled as a basic payment referred to in Chapter 1 of Title III, as a payment for agricultural practises beneficial for the climate and the environment referred to in Chapter 2 of Title III and, where applicable, as a payment for areas with natural constraints referred to in Chapter 3 of Title III, as a payment for young farmers referred to in Chapter 4 of Title III and as coupled support referred to in Title IV from the total amounts available for the respective payments.

1.   In order to finance the payment referred to in this Title, Member States shall deduct the amounts corresponding to the amounts to which the small farmers would be entitled as a basic payment referred to in Chapter 1 of Title III, as a payment for agricultural practises beneficial for the climate and the environment referred to in Chapter 2 of Title III and, where applicable, as a payment for areas with natural constraints referred to in Chapter 3 of Title III, as a payment for young farmers referred to in Chapter 4 of Title III and as coupled support referred to in Title IV from the total amounts available for the respective payments.

The difference between the sum of all payments due under the small farmers scheme and the total amount financed in accordance with the first sub-paragraph shall be financed by applying a linear reduction to all payments to be granted in accordance with Article 25.

The difference between the sum of all payments due under the small farmers scheme and the total amount financed in accordance with the first sub-paragraph shall be financed by applying a linear reduction to all payments to be granted in accordance with Article 25.

Member States that exercise the option laid down in Article 20(1) may apply different reduction rates at regional level.

The elements on the basis of which the amounts referred to in the first subparagraph are established shall remain the same for the entire duration of the participation of the farmer in the scheme.

The elements on the basis of which the amounts referred to in the first subparagraph are established shall remain the same for the entire duration of the participation of the farmer in the scheme.

2.   If the total amount of payments due under the small farmers scheme exceeds
  10 %
  of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with this Title in order to respect that percentage.

2.   If the total amount of payments due under the small farmers scheme exceeds
  15 %
  of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with this Title in order to respect that percentage.

Amendment 91

Proposal for a regulation

Article 53 — paragraph 2 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | arrangements for the management of the information to be notified, as well as rules on content, form, timing, frequency and deadlines of the notifications; |

Text proposed by the Commission

Amendment

(da)

arrangements for the management of the information to be notified, as well as rules on content, form, timing, frequency and deadlines of the notifications;

Amendment 92

Proposal for a regulation

Article 53 — paragraph 3 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | arrangements for the management of the information to be notified, as well as rules on content, form, timing, frequency and deadlines of the notifications; |

Text proposed by the Commission

Amendment

(b)

arrangements for the management of the information to be notified, as well as rules on content, form, timing, frequency and deadlines of the notifications;

deleted

Amendment 93

Proposal for a regulation

Article 54 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall
  , by means of implementing acts,
  adopt the
  measures
  which are both necessary and justifiable in an emergency, in order to resolve specific problems. Such
  measures
  may derogate from provisions of this Regulation, but only to the extent that, and for such a period, as is strictly necessary.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2). | 1.   The Commission shall
  be empowered to
  adopt
  delegated acts, in accordance with Article 55,
  which are both necessary and justifiable in an emergency, in order to resolve specific problems. Such
  delegated acts
  may derogate from certain parts of this Regulation, but only to the extent that, and for such a period, as is strictly necessary. |

Text proposed by the Commission

Amendment

1.   The Commission shall
  , by means of implementing acts,
  adopt the
  measures
  which are both necessary and justifiable in an emergency, in order to resolve specific problems. Such
  measures
  may derogate from provisions of this Regulation, but only to the extent that, and for such a period, as is strictly necessary.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).

1.   The Commission shall
  be empowered to
  adopt
  delegated acts, in accordance with Article 55,
  which are both necessary and justifiable in an emergency, in order to resolve specific problems. Such
  delegated acts
  may derogate from certain parts of this Regulation, but only to the extent that, and for such a period, as is strictly necessary.

Amendment 94

Proposal for a regulation

Article 54 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   
  On duly justified imperative grounds of urgency relating
  to the measures referred to in paragraph 1,
  the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 56(3)
  . | 2.   
  Where, in relation
  to the measures referred to in paragraph 1,
  imperative grounds of urgency so require, the procedure provided for in Article 55a shall apply to delegated acts adopted pursuant to this Article. |

Text proposed by the Commission

Amendment

2.   
  On duly justified imperative grounds of urgency relating
  to the measures referred to in paragraph 1,
  the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 56(3)
  .

2.   
  Where, in relation
  to the measures referred to in paragraph 1,
  imperative grounds of urgency so require, the procedure provided for in Article 55a shall apply to delegated acts adopted pursuant to this Article.

Amendment 95

Proposal for a regulation

Article 55 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The
  delegation of
  power
  referred to in this Regulation
  shall be conferred on the Commission for
  an indeterminate period of time
  from the entry into force of this Regulation. | 2.   The power
  to adopt delegated acts referred to in Articles [...]
  shall be conferred on the Commission for
  a period of five years
  from the entry into force of this Regulation.
  The Commission shall draw up a report in respect of the delegated power no 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 month before the end of each period. |

Text proposed by the Commission

Amendment

2.   The
  delegation of
  power
  referred to in this Regulation
  shall be conferred on the Commission for
  an indeterminate period of time
  from the entry into force of this Regulation.

2.   The power
  to adopt delegated acts referred to in Articles [...]
  shall be conferred on the Commission for
  a period of five years
  from the entry into force of this Regulation.
  The Commission shall draw up a report in respect of the delegated power no 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 month before the end of each period.

Amendment 96

Proposal for a regulation

Article 55 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 55a |
| | Urgency procedure |
| | 1.
     
  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. |
| | 2.
     
  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 55(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council. |

Text proposed by the Commission

Amendment

Article 55a

Urgency procedure

1.
     
  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2.
     
  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 55(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.

Amendment 97

Proposal for a regulation

Article 58 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 58a |
| | Reporting |
| | By 1 March 2017, the Commission shall present a report to the European Parliament and to the Council on the implementation of this Regulation, accompanied, if necessary, by appropriate legislative proposals. |

Text proposed by the Commission

Amendment

Article 58a

Reporting

By 1 March 2017, the Commission shall present a report to the European Parliament and to the Council on the implementation of this Regulation, accompanied, if necessary, by appropriate legislative proposals.

Amendment 98

Proposal for a regulation

Annex II

Text proposed by the Commission

| (In thousands EUR) |
| --- |
| Calendar year | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 and subsequent years |
| Belgium | 553 521 | 544 065 | 534 632 | 525 205 | 525 205 | 525 205 |
| Bulgaria | 655 661 | 737 164 | 810 525 | 812 106 | 812 106 | 812 106 |
| Czech Republic | 892 698 | 891 875 | 891 059 | 890 229 | 890 229 | 890 229 |
| Denmark | 942 931 | 931 719 | 920 534 | 909 353 | 909 353 | 909 353 |
| Germany | 5 275 876 | 5 236 176 | 5 196 585 | 5 156 970 | 5 156 970 | 5 156 970 |
| Estonia | 108 781 | 117 453 | 126 110 | 134 749 | 134 749 | 134 749 |
| Ireland | 1 240 652 | 1 239 027 | 1 237 413 | 1 235 779 | 1 235 779 | 1 235 779 |
| Greece | 2 099 920 | 2 071 481 | 2 043 111 | 2 014 751 | 2 014 751 | 2 014 751 |
| Spain | 4 934 910 | 4 950 726 | 4 966 546 | 4 988 380 | 4 988 380 | 4 988 380 |
| France | 7 732 611 | 7 694 854 | 7 657 219 | 7 619 511 | 7 619 511 | 7 619 511 |
| Croatia | 111 900 | 130 550 | 149 200 | 186 500 | 223 800 | 261 100 |
| Italy | 4 023 865 | 3 963 007 | 3 902 289 | 3 841 609 | 3 841 609 | 3 841 609 |
| Cyprus | 52 273 | 51 611 | 50 950 | 50 290 | 50 290 | 50 290 |
| Latvia | 163 261 | 181 594 | 199 895 | 218 159 | 218 159 | 218 159 |
| Lithuania | 396 499 | 417 127 | 437 720 | 458 267 | 458 267 | 458 267 |
| Luxemburg | 34 313 | 34 250 | 34 187 | 34 123 | 34 123 | 34 123 |
| Hungary | 1 298 104 | 1 296 907 | 1 295 721 | 1 294 513 | 1 294 513 | 1 294 513 |
| Malta | 5 316 | 5 183 | 5 050 | 4 917 | 4 917 | 4 917 |
| Netherlands | 806 975 | 792 131 | 777 320 | 762 521 | 762 521 | 762 521 |
| Austria | 707 503 | 706 850 | 706 204 | 705 546 | 705 546 | 705 546 |
| Poland | 3 038 969 | 3 066 519 | 3 094 039 | 3 121 451 | 3 121 451 | 3 121 451 |
| Portugal | 573 046 | 585 655 | 598 245 | 610 800 | 610 800 | 610 800 |
| Romania | 1 472 005 | 1 692 450 | 1 895 075 | 1 939 357 | 1 939 357 | 1 939 357 |
| Slovenia | 141 585 | 140 420 | 139 258 | 138 096 | 138 096 | 138 096 |
| Slovakia | 386 744 | 391 862 | 396 973 | 402 067 | 402 067 | 402 067 |
| Finland | 533 932 | 534 315 | 534 700 | 535 075 | 535 075 | 535 075 |
| Sweden | 710 853 | 711 798 | 712 747 | 713 681 | 713 681 | 713 681 |
| United-Kingdom | 3 624 384 | 3 637 210 | 3 650 038 | 3 662 774 | 3 662 774 | 3 662 774 |

(In thousands EUR)

Calendar year

2014

2015

2016

2017

2018

2019 and subsequent years

Belgium

553 521

544 065

534 632

525 205

525 205

525 205

Bulgaria

655 661

737 164

810 525

812 106

812 106

812 106

Czech Republic

892 698

891 875

891 059

890 229

890 229

890 229

Denmark

942 931

931 719

920 534

909 353

909 353

909 353

Germany

5 275 876

5 236 176

5 196 585

5 156 970

5 156 970

5 156 970

Estonia

108 781

117 453

126 110

134 749

134 749

134 749

Ireland

1 240 652

1 239 027

1 237 413

1 235 779

1 235 779

1 235 779

Greece

2 099 920

2 071 481

2 043 111

2 014 751

2 014 751

2 014 751

Spain

4 934 910

4 950 726

4 966 546

4 988 380

4 988 380

4 988 380

France

7 732 611

7 694 854

7 657 219

7 619 511

7 619 511

7 619 511

Croatia

111 900

130 550

149 200

186 500

223 800

261 100

Italy

4 023 865

3 963 007

3 902 289

3 841 609

3 841 609

3 841 609

Cyprus

52 273

51 611

50 950

50 290

50 290

50 290

Latvia

163 261

181 594

199 895

218 159

218 159

218 159

Lithuania

396 499

417 127

437 720

458 267

458 267

458 267

Luxemburg

34 313

34 250

34 187

34 123

34 123

34 123

Hungary

1 298 104

1 296 907

1 295 721

1 294 513

1 294 513

1 294 513

Malta

5 316

5 183

5 050

4 917

4 917

4 917

Netherlands

806 975

792 131

777 320

762 521

762 521

762 521

Austria

707 503

706 850

706 204

705 546

705 546

705 546

Poland

3 038 969

3 066 519

3 094 039

3 121 451

3 121 451

3 121 451

Portugal

573 046

585 655

598 245

610 800

610 800

610 800

Romania

1 472 005

1 692 450

1 895 075

1 939 357

1 939 357

1 939 357

Slovenia

141 585

140 420

139 258

138 096

138 096

138 096

Slovakia

386 744

391 862

396 973

402 067

402 067

402 067

Finland

533 932

534 315

534 700

535 075

535 075

535 075

Sweden

710 853

711 798

712 747

713 681

713 681

713 681

United-Kingdom

3 624 384

3 637 210

3 650 038

3 662 774

3 662 774

3 662 774

Amendment

| | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 and subsequent years |
| --- | --- | --- | --- | --- | --- | --- |
| Belgium | 554 701 | 548 646 | 542 261 | 535 640 | 535 640 | 535 640 |
| Bulgaria | 657 571 | 735 055 | 805 495 | 814 887 | 814 887 | 814 887 |
| Czech Republic | 891 307 | 892 742 | 893 686 | 894 054 | 894 054 | 894 054 |
| Denmark | 940 086 | 929 824 | 919 002 | 907 781 | 907 781 | 907 781 |
| Germany | 5 237 224 | 5 180 053 | 5 119 764 | 5 057 253 | 5 057 253 | 5 057 253 |
| Estonia | 113 168 | 125 179 | 137 189 | 149 199 | 149 199 | 149 199 |
| Ireland | 1 236 214 | 1 235 165 | 1 233 425 | 1 230 939 | 1 230 939 | 1 230 939 |
| Greece | 2 098 834 | 2 075 923 | 2 051 762 | 2 026 710 | 2 026 710 | 2 026 710 |
| Spain | 4 939 152 | 4 957 834 | 4 973 833 | 4 986 451 | 4 986 451 | 4 986 451 |
| France | 7 655 794 | 7 572 222 | 7 484 090 | 7 392 712 | 7 392 712 | 7 392 712 |
| Croatia | 111 900 | 130 550 | 149 200 | 186 500 | 223 800 | 261 100 |
| Italy | 4 024 567 | 3 980 634 | 3 934 305 | 3 886 268 | 3 886 268 | 3 886 268 |
| Cyprus | 52 155 | 51 585 | 50 985 | 50 362 | 50 362 | 50 362 |
| Latvia | 176 500 | 206 565 | 236 630 | 266 695 | 266 695 | 266 695 |
| Lithuania | 402 952 | 426 070 | 449 189 | 472 307 | 472 307 | 472 307 |
| Luxemburg | 33 943 | 33 652 | 33 341 | 33 015 | 33 015 | 33 015 |
| Hungary | 1 295 776 | 1 297 535 | 1 298 579 | 1 298 791 | 1 298 791 | 1 298 791 |
| Malta | 5 365 | 5 306 | 5 244 | 5 180 | 5 180 | 5 180 |
| Netherlands | 809 722 | 800 883 | 791 561 | 781 897 | 781 897 | 781 897 |
| Austria | 706 071 | 706 852 | 707 242 | 707 183 | 707 183 | 707 183 |
| Poland | 3 079 652 | 3 115 887 | 3 152 121 | 3 188 356 | 3 188 356 | 3 188 356 |
| Portugal | 582 466 | 598 550 | 614 635 | 630 719 | 630 719 | 630 719 |
| Romania | 1 485 801 | 1 707 131 | 1 928 460 | 2 002 237 | 2 002 237 | 2 002 237 |
| Slovenia | 140 646 | 139 110 | 137 491 | 135 812 | 135 812 | 135 812 |
| Slovakia | 391 608 | 397 576 | 403 543 | 409 511 | 409 511 | 409 511 |
| Finland | 533 451 | 535 518 | 537 295 | 538 706 | 538 706 | 538 706 |
| Sweden | 709 922 | 712 820 | 715 333 | 717 357 | 717 357 | 717 357 |
| United-Kingdom | 3 652 541 | 3 655 113 | 3 657 684 | 3 660 255 | 3 660 255 | 3 660 255 |

2014

2015

2016

2017

2018

2019 and subsequent years

Belgium

554 701

548 646

542 261

535 640

535 640

535 640

Bulgaria

657 571

735 055

805 495

814 887

814 887

814 887

Czech Republic

891 307

892 742

893 686

894 054

894 054

894 054

Denmark

940 086

929 824

919 002

907 781

907 781

907 781

Germany

5 237 224

5 180 053

5 119 764

5 057 253

5 057 253

5 057 253

Estonia

113 168

125 179

137 189

149 199

149 199

149 199

Ireland

1 236 214

1 235 165

1 233 425

1 230 939

1 230 939

1 230 939

Greece

2 098 834

2 075 923

2 051 762

2 026 710

2 026 710

2 026 710

Spain

4 939 152

4 957 834

4 973 833

4 986 451

4 986 451

4 986 451

France

7 655 794

7 572 222

7 484 090

7 392 712

7 392 712

7 392 712

Croatia

111 900

130 550

149 200

186 500

223 800

261 100

Italy

4 024 567

3 980 634

3 934 305

3 886 268

3 886 268

3 886 268

Cyprus

52 155

51 585

50 985

50 362

50 362

50 362

Latvia

176 500

206 565

236 630

266 695

266 695

266 695

Lithuania

402 952

426 070

449 189

472 307

472 307

472 307

Luxemburg

33 943

33 652

33 341

33 015

33 015

33 015

Hungary

1 295 776

1 297 535

1 298 579

1 298 791

1 298 791

1 298 791

Malta

5 365

5 306

5 244

5 180

5 180

5 180

Netherlands

809 722

800 883

791 561

781 897

781 897

781 897

Austria

706 071

706 852

707 242

707 183

707 183

707 183

Poland

3 079 652

3 115 887

3 152 121

3 188 356

3 188 356

3 188 356

Portugal

582 466

598 550

614 635

630 719

630 719

630 719

Romania

1 485 801

1 707 131

1 928 460

2 002 237

2 002 237

2 002 237

Slovenia

140 646

139 110

137 491

135 812

135 812

135 812

Slovakia

391 608

397 576

403 543

409 511

409 511

409 511

Finland

533 451

535 518

537 295

538 706

538 706

538 706

Sweden

709 922

712 820

715 333

717 357

717 357

717 357

United-Kingdom

3 652 541

3 655 113

3 657 684

3 660 255

3 660 255

3 660 255

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/294 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/294

---

P7_TA(2013)0085

Single CMO Regulation (Decision on the opening of interinstitutional negotiations)

European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (Single CMO Regulation) (COM(2011)0626/3 — C7-0339/2011 — COM(2012)0535 — C7-0310/2012 — 2011/0281(COD) — 2013/2529(RSP))

(2016/C 036/40)

The European Parliament,

| — | having regard to the proposal of the Committee on Agriculture and Rural Development, |
| --- | --- |

—

having regard to the proposal of the Committee on Agriculture and Rural Development,

| — | having regard to Rules 70(2) and 70a of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 70(2) and 70a of its Rules of Procedure,

whereas 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 2014-2020,

decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE

Amendment 1

Proposal for a regulation

Citation 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Having regard to the opinion of the Court of Auditors



   (1)



  , |

Text proposed by the Commission

Amendment

Having regard to the opinion of the Court of Auditors



   (1)



  ,

Amendment 2

Proposal for a regulation

Citation 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Having regard to the opinion of the Committee of the Regions



   (2)



  , |

Text proposed by the Commission

Amendment

Having regard to the opinion of the Committee of the Regions



   (2)



  ,

Amendment 3

Proposal for a regulation

Recital 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (1) | The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including
  Council
  Regulation
  (EU)
  No
  [COM(2010)799] of [...]
  establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) . In view of the scope of the reform, it is appropriate to repeal Regulation
  (EU)
  No
  [COM(2010)799]
  and to replace it with a new Single CMO Regulation. The reform should also, as far as possible, harmonise, streamline and simplify the provisions, particularly those covering more than one agricultural sector, including by ensuring that non-essential elements of measures may be adopted by the Commission by way of delegated acts. |

Text proposed by the Commission

Amendment

(1)

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including
  Council
  Regulation
  (EU)
  No
  [COM(2010)799] of [...]
  establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) . In view of the scope of the reform, it is appropriate to repeal Regulation
  (EU)
  No
  [COM(2010)799]
  and to replace it with a new Single CMO Regulation. The reform should also, as far as possible, harmonise, streamline and simplify the provisions, particularly those covering more than one agricultural sector, including by ensuring that non-essential elements of measures may be adopted by the Commission by way of delegated acts.

| (1) | The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation
  (EC))
  No
  1234/2007
  establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) . In view of the scope of the reform, it is appropriate to repeal Regulation
  (EC)
  No
  1234/2007
  and to replace it with a new Single CMO Regulation. The reform should also, as far as possible, harmonise, streamline and simplify the provisions, particularly those covering more than one agricultural sector, including by ensuring that non-essential elements of measures may be adopted by the Commission by way of delegated acts.
  Moreover, the reform shall continue in the direction of previous reforms towards greater competitiveness and market orientation. |
| --- | --- |

(1)

The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation
  (EC))
  No
  1234/2007
  establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) . In view of the scope of the reform, it is appropriate to repeal Regulation
  (EC)
  No
  1234/2007
  and to replace it with a new Single CMO Regulation. The reform should also, as far as possible, harmonise, streamline and simplify the provisions, particularly those covering more than one agricultural sector, including by ensuring that non-essential elements of measures may be adopted by the Commission by way of delegated acts.
  Moreover, the reform shall continue in the direction of previous reforms towards greater competitiveness and market orientation.

Amendment 4

Proposal for a regulation

Recital 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a) | The implementation of this Regulation should be consistent with the development cooperation objectives of the Union's Policy Framework for Food Security (COM (2010) 127) with specific regard to ensure that CAP measures do not jeopardise the food production capacity and long term food security in developing countries and the ability of their populations to feed themselves, while complying with the objectives of the Union's development cooperation policy under Article 208 of the Treaty on the Functioning of the European Union. |

Text proposed by the Commission

Amendment

(1a)

The implementation of this Regulation should be consistent with the development cooperation objectives of the Union's Policy Framework for Food Security (COM (2010) 127) with specific regard to ensure that CAP measures do not jeopardise the food production capacity and long term food security in developing countries and the ability of their populations to feed themselves, while complying with the objectives of the Union's development cooperation policy under Article 208 of the Treaty on the Functioning of the European Union.

Amendment 5

Proposal for a regulation

Recital 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1b) | One key aim of the common agricultural policy should be to guarantee food security and food sovereignty in the Member States, implying a need, as regards production, for regulation and distribution systems that allow countries and regions to develop their production in a manner that enables them, as far as possible, to meet their needs. In addition, it is of vital importance to redress the balance of power within the food production chain in favour of producers. |

Text proposed by the Commission

Amendment

(1b)

One key aim of the common agricultural policy should be to guarantee food security and food sovereignty in the Member States, implying a need, as regards production, for regulation and distribution systems that allow countries and regions to develop their production in a manner that enables them, as far as possible, to meet their needs. In addition, it is of vital importance to redress the balance of power within the food production chain in favour of producers.

Amendment 6

Proposal for a regulation

Recital 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| (2) | It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |

Text proposed by the Commission

Amendment

(2)

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

| (2) | In order to ensure the proper functioning of the regime established by this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission to enable it to supplement or modify certain non-essential elements of the present Regulation. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.
  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |
| --- | --- |

(2)

In order to ensure the proper functioning of the regime established by this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission to enable it to supplement or modify certain non-essential elements of the present Regulation. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.
  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 7

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | Pursuant to Article 43(3) of the Treaty on the Functioning of the European Union (the Treaty), the Council shall adopt measures on fixing prices, levies, aid and quantitative limitations. In the interest of clarity, where Article 43(3) of the Treaty applies, this Regulation should explicitly refer to the fact that measures will be adopted by the Council on that basis. |

Text proposed by the Commission

Amendment

(3)

Pursuant to Article 43(3) of the Treaty on the Functioning of the European Union (the Treaty), the Council shall adopt measures on fixing prices, levies, aid and quantitative limitations. In the interest of clarity, where Article 43(3) of the Treaty applies, this Regulation should explicitly refer to the fact that measures will be adopted by the Council on that basis.

deleted

Amendment 8

Proposal for a regulation

Recital 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (4) | This Regulation should contain all the basic elements of the Single CMO. The fixing of prices, levies, aid and quantitative limitations is
  in certain cases
  inextricably linked to those basic elements. |

Text proposed by the Commission

Amendment

(4)

This Regulation should contain all the basic elements of the Single CMO. The fixing of prices, levies, aid and quantitative limitations is
  in certain cases
  inextricably linked to those basic elements.

| (4) | This Regulation should contain all the basic elements of the Single CMO. The fixing of prices, levies, aid and quantitative limitations is,
  as a general rule,
  inextricably linked to those basic elements. |
| --- | --- |

(4)

This Regulation should contain all the basic elements of the Single CMO. The fixing of prices, levies, aid and quantitative limitations is,
  as a general rule,
  inextricably linked to those basic elements.

Amendment 9

Proposal for a regulation

Recital 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a) | Account should be taken of the objectives set out by the European Commission for the future Common Agricultural Policy in the area of the sustainable management of natural resources, food security, agricultural activity across Europe, balanced regional development, the competitiveness of European farming and the simplification of the CAP. |

Text proposed by the Commission

Amendment

(5a)

Account should be taken of the objectives set out by the European Commission for the future Common Agricultural Policy in the area of the sustainable management of natural resources, food security, agricultural activity across Europe, balanced regional development, the competitiveness of European farming and the simplification of the CAP.

Amendment 10

Proposal for a regulation

Recital 5 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5b) | It is especially important for farmers that the administrative rules for implementing the Common Agricultural Policy are simplified, without this resulting in an excessive standardisation of the criteria that fails to take specific local and regional features into account. |

Text proposed by the Commission

Amendment

(5b)

It is especially important for farmers that the administrative rules for implementing the Common Agricultural Policy are simplified, without this resulting in an excessive standardisation of the criteria that fails to take specific local and regional features into account.

Amendment 11

Proposal for a regulation

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | This Regulation
  and other acts adopted under Article 43 to the Treaty refer
  to the description of products and references to the headings or subheadings of the combined nomenclature. Amendments to the Common Customs Tariff nomenclature may necessitate consequential technical adjustments to
  such Regulations. The Commission should be able to adopt implementing measures to make such adjustments
  . In the interests of clarity and simplicity, Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products which currently provides for such a power should be repealed and
  the power
  integrated into the present Regulation. |

Text proposed by the Commission

Amendment

(7)

This Regulation
  and other acts adopted under Article 43 to the Treaty refer
  to the description of products and references to the headings or subheadings of the combined nomenclature. Amendments to the Common Customs Tariff nomenclature may necessitate consequential technical adjustments to
  such Regulations. The Commission should be able to adopt implementing measures to make such adjustments
  . In the interests of clarity and simplicity, Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products which currently provides for such a power should be repealed and
  the power
  integrated into the present Regulation.

| (7) | This Regulation
  refers
  to the description of products and references to the headings or subheadings of the combined nomenclature. Amendments to the Common Customs Tariff nomenclature may necessitate consequential technical adjustments to
  this Regulation
  .
  The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  . In the interests of clarity and simplicity, Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products which currently provides for such a power should be repealed
  and a new adjustment procedure should be
  integrated into the present Regulation. |
| --- | --- |

(7)

This Regulation
  refers
  to the description of products and references to the headings or subheadings of the combined nomenclature. Amendments to the Common Customs Tariff nomenclature may necessitate consequential technical adjustments to
  this Regulation
  .
  The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  . In the interests of clarity and simplicity, Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products which currently provides for such a power should be repealed
  and a new adjustment procedure should be
  integrated into the present Regulation.

Amendment 12

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | In order to take into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of fixing the marketing years for those products. |

Text proposed by the Commission

Amendment

(11)

In order to take into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of fixing the marketing years for those products.

deleted

Amendment 13

Proposal for a regulation

Recital 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12a) | As an emergency measure, public intervention on the market should be pursued only with the aim of stabilising extreme price volatility due to temporary excess demand on the European market. It should not be used to stabilise structural excess production. |

Text proposed by the Commission

Amendment

(12a)

As an emergency measure, public intervention on the market should be pursued only with the aim of stabilising extreme price volatility due to temporary excess demand on the European market. It should not be used to stabilise structural excess production.

Amendment 14

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | For the sake of clarity and transparency, the provisions should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose it is appropriate to distinguish between reference prices and intervention prices and to define the latter, in particular, clarifying that only intervention prices for public intervention correspond to the applied administered prices referred to in the first sentence of paragraph 8 of Annex 3 to the WTO Agreement on Agriculture (i.e. price gap support).
  In this context it
  should be understood that market intervention can take the form of public intervention as well as other forms of intervention that do not use ex-ante established price indications. |

Text proposed by the Commission

Amendment

(13)

For the sake of clarity and transparency, the provisions should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose it is appropriate to distinguish between reference prices and intervention prices and to define the latter, in particular, clarifying that only intervention prices for public intervention correspond to the applied administered prices referred to in the first sentence of paragraph 8 of Annex 3 to the WTO Agreement on Agriculture (i.e. price gap support).
  In this context it
  should be understood that market intervention can take the form of public intervention as well as other forms of intervention that do not use ex-ante established price indications.

| (13) | For the sake of clarity and transparency, the provisions should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose it is appropriate to distinguish between reference prices and intervention prices and to define the latter, in particular, clarifying that only intervention prices for public intervention correspond to the applied administered prices referred to in the first sentence of paragraph 8 of Annex 3 to the WTO Agreement on Agriculture (i.e. price gap support).
  It
  should
  also
  be understood that market intervention can take the form of public intervention
  and aid for private storage,
  as well as other forms of intervention that do not,
  whether wholly or in part,
  use ex-ante established price indications. |
| --- | --- |

(13)

For the sake of clarity and transparency, the provisions should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose it is appropriate to distinguish between reference prices and intervention prices and to define the latter, in particular, clarifying that only intervention prices for public intervention correspond to the applied administered prices referred to in the first sentence of paragraph 8 of Annex 3 to the WTO Agreement on Agriculture (i.e. price gap support).
  It
  should
  also
  be understood that market intervention can take the form of public intervention
  and aid for private storage,
  as well as other forms of intervention that do not,
  whether wholly or in part,
  use ex-ante established price indications.

Amendment 15

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | As appropriate to each sector concerned in the light of the practice and experience under previous CMOs, the system of intervention should be available
  during certain periods of the year
  and
  should be
  open
  during

  that period either on a permanent basis or
  should be opened
  depending on market prices. |

Text proposed by the Commission

Amendment

(14)

As appropriate to each sector concerned in the light of the practice and experience under previous CMOs, the system of intervention should be available
  during certain periods of the year
  and
  should be
  open
  during

  that period either on a permanent basis or
  should be opened
  depending on market prices.

| (14) | As appropriate to each sector concerned in the light of the practice and experience under previous CMOs, the system of
  public
  intervention should be available
  , whenever there is a manifest need,
  and open, either on a permanent basis or depending on market prices. |
| --- | --- |

(14)

As appropriate to each sector concerned in the light of the practice and experience under previous CMOs, the system of
  public
  intervention should be available
  , whenever there is a manifest need,
  and open, either on a permanent basis or depending on market prices.

Amendment 16

Proposal for a regulation

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances
  and that
  ensures equal access to goods and equal treatment of purchasers. |

Text proposed by the Commission

Amendment

(16)

This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances
  and that
  ensures equal access to goods and equal treatment of purchasers.

| (16) | This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances, ensures equal access to goods and equal treatment of purchasers
  and enables produce to be made available for the scheme for food distribution to the most deprived in the Union
  . |
| --- | --- |

(16)

This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances, ensures equal access to goods and equal treatment of purchasers
  and enables produce to be made available for the scheme for food distribution to the most deprived in the Union
  .

Amendment 17

Proposal for a regulation

Recital 16 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16a) | The Union scales for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors are essential for the purposes of price recording and for the application of the intervention arrangements in those sectors. Moreover, they pursue the objective of improving market transparency. |

Text proposed by the Commission

Amendment

(16a)

The Union scales for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors are essential for the purposes of price recording and for the application of the intervention arrangements in those sectors. Moreover, they pursue the objective of improving market transparency.

Amendment 18

Proposal for a regulation

Recital 16 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (16b) | Aid for private storage should achieve its aims of stabilising markets and contributing to a fair standard of living for the agricultural community. It should therefore be triggered not only by indicators linked to market prices, but also in response to particularly difficult market conditions, above all those which have a significant impact on agricultural producers’ profit margins. |

Text proposed by the Commission

Amendment

(16b)

Aid for private storage should achieve its aims of stabilising markets and contributing to a fair standard of living for the agricultural community. It should therefore be triggered not only by indicators linked to market prices, but also in response to particularly difficult market conditions, above all those which have a significant impact on agricultural producers’ profit margins.

Amendment 19

Proposal for a regulation

Recital 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (22) | In order to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of market intervention arrangements in the form of public intervention and private storage, the power to adopt
  certain
  acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in respect of Union scales
  for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors. |

Text proposed by the Commission

Amendment

(22)

In order to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of market intervention arrangements in the form of public intervention and private storage, the power to adopt
  certain
  acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in respect of Union scales
  for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors.

| (22) | In order to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of market intervention arrangements in the form of public intervention and private storage
  , and in order to take account of the specific features found in the Union and of technical developments and sectoral requirements,
  the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in order to adapt and update the scales used in the Union
  for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors. |
| --- | --- |

(22)

In order to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of market intervention arrangements in the form of public intervention and private storage
  , and in order to take account of the specific features found in the Union and of technical developments and sectoral requirements,
  the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in order to adapt and update the scales used in the Union
  for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors.

Amendment 20

Proposal for a regulation

Recital 23 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (23a) | In order to strengthen and supplement the existing market management tools and to ensure their smooth operation, an instrument based on private supply management and the coordination of the various operators should be implemented. Through that instrument, recognised associations of producer organisations of an appropriate market size should have the option of withdrawing a product during the marketing year. |

Text proposed by the Commission

Amendment

(23a)

In order to strengthen and supplement the existing market management tools and to ensure their smooth operation, an instrument based on private supply management and the coordination of the various operators should be implemented. Through that instrument, recognised associations of producer organisations of an appropriate market size should have the option of withdrawing a product during the marketing year.

Amendment 21

Proposal for a regulation

Recital 23 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (23b) | To prevent this instrument having effects contrary to the objectives of the CAP or impairing the smooth operation of the internal market, the power to adopt acts in accordance with Article 290 of the Treaty, should be delegated to the Commission in respect of establishing rules on the operation and activation of the instrument. Furthermore, in order to ensure that this instrument is compatible with Union legislation, the power to adopt acts in accordance with Article 290 of the Treaty with regard to the rules on its financing should be delegated to the Commission, including the cases where it considers it would be appropriate to grant aid for private storage. |

Text proposed by the Commission

Amendment

(23b)

To prevent this instrument having effects contrary to the objectives of the CAP or impairing the smooth operation of the internal market, the power to adopt acts in accordance with Article 290 of the Treaty, should be delegated to the Commission in respect of establishing rules on the operation and activation of the instrument. Furthermore, in order to ensure that this instrument is compatible with Union legislation, the power to adopt acts in accordance with Article 290 of the Treaty with regard to the rules on its financing should be delegated to the Commission, including the cases where it considers it would be appropriate to grant aid for private storage.

Amendment 22

Proposal for a regulation

Recital 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| (25) | The
  consumption of fruit and vegetables and milk products amongst children should be encouraged, including by durably increasing the share of those products in the diets of children at the stage when their eating habits are being formed. Union aid to finance or co-finance the supply to children in educational establishments of such products should therefore be promoted. |

Text proposed by the Commission

Amendment

(25)

The
  consumption of fruit and vegetables and milk products amongst children should be encouraged, including by durably increasing the share of those products in the diets of children at the stage when their eating habits are being formed. Union aid to finance or co-finance the supply to children in educational establishments of such products should therefore be promoted.

| (25) | In order to promote the healthy eating habits of children, the
  consumption of fruit and vegetables and milk products amongst children should be encouraged, including by durably increasing the share of those products in the diets of children at the stage when their eating habits are being formed. Union aid to finance or co-finance the supply of such products to children in educational establishments
  , pre-schools and other establishments offering extracurricular activities
  should therefore be promoted.
  These schemes should also contribute to achieving the aims of the CAP, including raising farm incomes, stabilising markets and securing supply, both now and in the future. |
| --- | --- |

(25)

In order to promote the healthy eating habits of children, the
  consumption of fruit and vegetables and milk products amongst children should be encouraged, including by durably increasing the share of those products in the diets of children at the stage when their eating habits are being formed. Union aid to finance or co-finance the supply of such products to children in educational establishments
  , pre-schools and other establishments offering extracurricular activities
  should therefore be promoted.
  These schemes should also contribute to achieving the aims of the CAP, including raising farm incomes, stabilising markets and securing supply, both now and in the future.

Amendment 23

Proposal for a regulation

Recital 26

| Text proposed by the Commission | Amendment |
| --- | --- |
| (26) | In order to ensure a sound budgetary management of the schemes, appropriate provisions for each one should be established. Union aid should not be used to replace funding for any national existing school fruit schemes. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to
  the
  schemes with contributions from the private sector. In order to make their school fruit scheme effective, Member States should provide for accompanying measures for which Member States should be allowed to grant national aid. |

Text proposed by the Commission

Amendment

(26)

In order to ensure a sound budgetary management of the schemes, appropriate provisions for each one should be established. Union aid should not be used to replace funding for any national existing school fruit schemes. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to
  the
  schemes with contributions from the private sector. In order to make their school fruit scheme effective, Member States should provide for accompanying measures for which Member States should be allowed to grant national aid.

| (26) | In order to ensure a sound budgetary management of the schemes, appropriate provisions for each one should be established. Union aid should not be used to replace funding for any existing national school fruit
  , vegetable and milk product
  schemes. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to
  any such national school fruit and vegetable
  schemes with contributions from the private sector. In order to make their school fruit
  and vegetable
  scheme effective, Member States should provide for accompanying measures for which Member States should be allowed to grant national aid. |
| --- | --- |

(26)

In order to ensure a sound budgetary management of the schemes, appropriate provisions for each one should be established. Union aid should not be used to replace funding for any existing national school fruit
  , vegetable and milk product
  schemes. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to
  any such national school fruit and vegetable
  schemes with contributions from the private sector. In order to make their school fruit
  and vegetable
  scheme effective, Member States should provide for accompanying measures for which Member States should be allowed to grant national aid.

Amendment 24

Proposal for a regulation

Recital 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | In order to
  promote the healthy eating habits of children
  , to ensure the efficient and targeted use of European Funds and to promote awareness of the
  scheme
  the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school fruit scheme concerning: the products that are ineligible for the scheme; the target group of the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; the approval and selection of aid applicants;
  objective
  criteria
  for the allocation of aid between Member States,
  the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on applications received; the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs; and
  requiring participating
  Member States
  to
  publicise the subsidising role of the
  scheme
  . |

Text proposed by the Commission

Amendment

(27)

In order to
  promote the healthy eating habits of children
  , to ensure the efficient and targeted use of European Funds and to promote awareness of the
  scheme
  the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school fruit scheme concerning: the products that are ineligible for the scheme; the target group of the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; the approval and selection of aid applicants;
  objective
  criteria
  for the allocation of aid between Member States,
  the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on applications received; the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs; and
  requiring participating
  Member States
  to
  publicise the subsidising role of the
  scheme
  .

| (27) | In order to
  ensure that the scheme is implemented effectively to achieve the objectives set for it
  , to ensure the efficient and targeted use of European Funds and to promote awareness of the
  aid scheme,
  the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school fruit
  and vegetable
  scheme concerning: the products that are ineligible for the scheme; the target group of the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; the approval and selection of aid applicants;
  additional
  criteria
  relating to
  the indicative allocation of aid and the method for reallocating aid between Member States based on applications received; the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs;
  monitoring and evaluation;
  and
  establishing the conditions under which the
  Member States
  take action to publicise their participation in the aid scheme and draw attention to
  the subsidising role of the
  Union
  . |
| --- | --- |

(27)

In order to
  ensure that the scheme is implemented effectively to achieve the objectives set for it
  , to ensure the efficient and targeted use of European Funds and to promote awareness of the
  aid scheme,
  the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school fruit
  and vegetable
  scheme concerning: the products that are ineligible for the scheme; the target group of the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; the approval and selection of aid applicants;
  additional
  criteria
  relating to
  the indicative allocation of aid and the method for reallocating aid between Member States based on applications received; the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs;
  monitoring and evaluation;
  and
  establishing the conditions under which the
  Member States
  take action to publicise their participation in the aid scheme and draw attention to
  the subsidising role of the
  Union
  .

Amendment 25

Proposal for a regulation

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | In order to
  take account of the evolution in the dairy products consumption patterns and of the innovations and developments on the dairy products market
  , to ensure that the appropriate beneficiaries and applicants qualify for the aid and to promote awareness of the aid scheme, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school milk scheme concerning: the products that are eligible for the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid and the target group for the scheme; the conditions for granting aid; the lodging of a security guaranteeing the execution where an advance of aid is paid; monitoring and evaluation; and
  requiring educational establishments to communicate
  the subsidising role of the
  scheme
  . |

Text proposed by the Commission

Amendment

(28)

In order to
  take account of the evolution in the dairy products consumption patterns and of the innovations and developments on the dairy products market
  , to ensure that the appropriate beneficiaries and applicants qualify for the aid and to promote awareness of the aid scheme, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school milk scheme concerning: the products that are eligible for the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid and the target group for the scheme; the conditions for granting aid; the lodging of a security guaranteeing the execution where an advance of aid is paid; monitoring and evaluation; and
  requiring educational establishments to communicate
  the subsidising role of the
  scheme
  .

| (28) | In order to
  ensure the effectiveness of the scheme in achieving the objectives set for it
  , to ensure that the appropriate beneficiaries and applicants qualify for the aid and to promote awareness of the aid scheme, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school milk scheme concerning: the products that are eligible for the scheme; the national or regional strategies that Member States are to draw up in order to benefit from the aid and the target group for the scheme;
  the approval and selection of aid applicants;
  the conditions for granting aid; the lodging of a security guaranteeing the execution where an advance of aid is paid; monitoring and evaluation; and
  establishing the conditions under which the Member States take action to publicise their participation in the aid scheme and draw attention to
  the subsidising role of the
  Union
  . |
| --- | --- |

(28)

In order to
  ensure the effectiveness of the scheme in achieving the objectives set for it
  , to ensure that the appropriate beneficiaries and applicants qualify for the aid and to promote awareness of the aid scheme, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school milk scheme concerning: the products that are eligible for the scheme; the national or regional strategies that Member States are to draw up in order to benefit from the aid and the target group for the scheme;
  the approval and selection of aid applicants;
  the conditions for granting aid; the lodging of a security guaranteeing the execution where an advance of aid is paid; monitoring and evaluation; and
  establishing the conditions under which the Member States take action to publicise their participation in the aid scheme and draw attention to
  the subsidising role of the
  Union
  .

Amendment 26

Proposal for a regulation

Recital 28 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (28a) | The Commission should consider proposing, schemes designed to promote the consumption of products other than fruit and vegetables and dairy products in schools. |

Text proposed by the Commission

Amendment

(28a)

The Commission should consider proposing, schemes designed to promote the consumption of products other than fruit and vegetables and dairy products in schools.

Amendment 27

Proposal for a regulation

Recital 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| (29) | The aid scheme for hop producer organisations is only used in one Member State. In order to create flexibility and to harmonise the approach in this sector with the other sectors, the aid scheme should be discontinued, with the possibility to support the producer organisations under rural development measures. |

Text proposed by the Commission

Amendment

(29)

The aid scheme for hop producer organisations is only used in one Member State. In order to create flexibility and to harmonise the approach in this sector with the other sectors, the aid scheme should be discontinued, with the possibility to support the producer organisations under rural development measures.

deleted

Amendment 28

Proposal for a regulation

Recital 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| (31) | In order to ensure that the aid provided for olive oil and table olive operator organisations meet their objective of improving the production quality of olive oil and table olives and to ensure that olive oil and table olive operator organisations respect their obligations, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the conditions for the approval of operator organisations for the purposes of the aid scheme, the suspension or withdrawal of such approval; the measures eligible for Union financing; the allocation of Union financing to particular measures; the activities and costs that are not eligible for Union financing; and the selection and approval of work programmes and concerning requiring the lodging of a security. |

Text proposed by the Commission

Amendment

(31)

In order to ensure that the aid provided for olive oil and table olive operator organisations meet their objective of improving the production quality of olive oil and table olives and to ensure that olive oil and table olive operator organisations respect their obligations, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the conditions for the approval of operator organisations for the purposes of the aid scheme, the suspension or withdrawal of such approval; the measures eligible for Union financing; the allocation of Union financing to particular measures; the activities and costs that are not eligible for Union financing; and the selection and approval of work programmes and concerning requiring the lodging of a security.

| (31) | In order to ensure that the aid provided for olive oil and table olive operator organisations meet their objective of improving the production quality of olive oil and table olives and to ensure that olive oil and table olive
  producer
  organisations
  or interbranch organisations
  respect their obligations, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the conditions for the approval of
  producer
  organisations
  or interbranch organisations
  for the purposes of the aid scheme,
  and
  the
  refusal
  , suspension or withdrawal of such approval;
  the details of
  the measures eligible for Union financing; the allocation of Union financing to particular measures; the activities and costs that are not eligible for Union financing; and the selection and approval of work programmes; and concerning requiring the lodging of a security; |
| --- | --- |

(31)

In order to ensure that the aid provided for olive oil and table olive operator organisations meet their objective of improving the production quality of olive oil and table olives and to ensure that olive oil and table olive
  producer
  organisations
  or interbranch organisations
  respect their obligations, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the conditions for the approval of
  producer
  organisations
  or interbranch organisations
  for the purposes of the aid scheme,
  and
  the
  refusal
  , suspension or withdrawal of such approval;
  the details of
  the measures eligible for Union financing; the allocation of Union financing to particular measures; the activities and costs that are not eligible for Union financing; and the selection and approval of work programmes; and concerning requiring the lodging of a security;

Amendment 29

Proposal for a regulation

Recital 32

| Text proposed by the Commission | Amendment |
| --- | --- |
| (32) | This Regulation distinguishes between fruit and vegetables, which include fruit and vegetables for marketing and fruit and vegetables intended for processing, on the one hand, and processed fruit and vegetables, on the other hand.
  Rules on producer organisations, operational programmes and Union financial assistance only apply to fruit and vegetables and fruit and vegetables solely intended for processing. |

Text proposed by the Commission

Amendment

(32)

This Regulation distinguishes between fruit and vegetables, which include fruit and vegetables for marketing and fruit and vegetables intended for processing, on the one hand, and processed fruit and vegetables, on the other hand.
  Rules on producer organisations, operational programmes and Union financial assistance only apply to fruit and vegetables and fruit and vegetables solely intended for processing.

| (32) | This Regulation distinguishes between fruit and vegetables, which include fruit and vegetables for marketing
  as fresh produce
  and fruit and vegetables intended for processing, on the one hand, and processed fruit and vegetables, on the other hand. |
| --- | --- |

(32)

This Regulation distinguishes between fruit and vegetables, which include fruit and vegetables for marketing
  as fresh produce
  and fruit and vegetables intended for processing, on the one hand, and processed fruit and vegetables, on the other hand.

Amendment 30

Proposal for a regulation

Recital 33 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (33a) | In order to ensure that operational programmes in the fruit and vegetable sector are more effective, particularly crisis prevention and management measures, they should be implemented by structures of an appropriate market size. It is therefore important that associations of producer organisations are encouraged to present and manage operational programmes and crisis prevention and management measures, in whole or in part. |

Text proposed by the Commission

Amendment

(33a)

In order to ensure that operational programmes in the fruit and vegetable sector are more effective, particularly crisis prevention and management measures, they should be implemented by structures of an appropriate market size. It is therefore important that associations of producer organisations are encouraged to present and manage operational programmes and crisis prevention and management measures, in whole or in part.

Amendment 31

Proposal for a regulation

Recital 35

| Text proposed by the Commission | Amendment |
| --- | --- |
| (35) | Support for setting up producer groups should be provided for all sectors in all Member States under rural development policy so the specific support in the fruit and vegetables sector should be discontinued. |

Text proposed by the Commission

Amendment

(35)

Support for setting up producer groups should be provided for all sectors in all Member States under rural development policy so the specific support in the fruit and vegetables sector should be discontinued.

| (35) | Support for setting up producer groups should be provided for all sectors in all Member States under rural development policy so the specific support
  for their establishment
  in the fruit and vegetables sector should be discontinued.
  This support should not distort the level playing field for farmers and their producer organisations on the internal market. |
| --- | --- |

(35)

Support for setting up producer groups should be provided for all sectors in all Member States under rural development policy so the specific support
  for their establishment
  in the fruit and vegetables sector should be discontinued.
  This support should not distort the level playing field for farmers and their producer organisations on the internal market.

Amendment 32

Proposal for a regulation

Recital 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| (40) | One key measure eligible for national support programmes should be the promotion and marketing of Union wines in third countries. Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the wine sector. Support should also be available for investments in the wine sector which are geared towards improving economic performance of the enterprises as such. Support for by-product distillation should be a measure available to Member States which desire to use such an instrument to ensure the quality of wine, while preserving the environment. |

Text proposed by the Commission

Amendment

(40)

One key measure eligible for national support programmes should be the promotion and marketing of Union wines in third countries. Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the wine sector. Support should also be available for investments in the wine sector which are geared towards improving economic performance of the enterprises as such. Support for by-product distillation should be a measure available to Member States which desire to use such an instrument to ensure the quality of wine, while preserving the environment.

| (40) | One key measure eligible for national support programmes should be the promotion and marketing of Union wines
  in the Union and
  in third countries.
  Support should also be available for research and development activities on account of their importance for the competitiveness of the European wine sector.
  Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the wine sector. Support should also be available for investments in the wine sector which are geared towards improving economic performance of the enterprises as such. Support for by-product distillation should be a measure available to Member States which desire to use such an instrument to ensure the quality of wine, while preserving the environment. |
| --- | --- |

(40)

One key measure eligible for national support programmes should be the promotion and marketing of Union wines
  in the Union and
  in third countries.
  Support should also be available for research and development activities on account of their importance for the competitiveness of the European wine sector.
  Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the wine sector. Support should also be available for investments in the wine sector which are geared towards improving economic performance of the enterprises as such. Support for by-product distillation should be a measure available to Member States which desire to use such an instrument to ensure the quality of wine, while preserving the environment.

Amendment 33

Proposal for a regulation

Recital 42

| Text proposed by the Commission | Amendment |
| --- | --- |
| (42) | The provisions on support to vine-growers by way of allocation of payment entitlements as decided by Member States were made definitive. Therefore the only such support which may be provided is the one decided by Member States by 1 December 2013 under Article 137 of Regulation (EU) No [COM(2011)799] and under the conditions set out in that provision. |

Text proposed by the Commission

Amendment

(42)

The provisions on support to vine-growers by way of allocation of payment entitlements as decided by Member States were made definitive. Therefore the only such support which may be provided is the one decided by Member States by 1 December 2013 under Article 137 of Regulation (EU) No [COM(2011)799] and under the conditions set out in that provision.

deleted

Amendment 34

Proposal for a regulation

Recital 43

| Text proposed by the Commission | Amendment |
| --- | --- |
| (43) | In order to ensure that wine support programmes meet their objectives and that there is a targeted use of the European Funds, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules: on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability; on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure; on changes to support programmes after they have become applicable; on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made;
  containing general provisions and definitions for the purposes of support programmes;
  to avoid misuse of the support measures and double funding of projects; under which producers shall withdraw the by-products of winemaking, exceptions from this obligation in order to avoid additional administrative burden and provisions for the voluntary certification of distillers; laying down the requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures; regarding payments to beneficiaries, including payments through insurance intermediaries. |

Text proposed by the Commission

Amendment

(43)

In order to ensure that wine support programmes meet their objectives and that there is a targeted use of the European Funds, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules: on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability; on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure; on changes to support programmes after they have become applicable; on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made;
  containing general provisions and definitions for the purposes of support programmes;
  to avoid misuse of the support measures and double funding of projects; under which producers shall withdraw the by-products of winemaking, exceptions from this obligation in order to avoid additional administrative burden and provisions for the voluntary certification of distillers; laying down the requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures; regarding payments to beneficiaries, including payments through insurance intermediaries.

| (43) | In order to ensure that wine support programmes meet their objectives and that there is a targeted use of the European Funds, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules: on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability; on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure; on changes to support programmes after they have become applicable; on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made; to avoid misuse of the support measures and double funding of projects; under which producers shall withdraw the by-products of winemaking, exceptions from this obligation in order to avoid additional administrative burden and provisions for the voluntary certification of distillers; laying down the requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures; regarding payments to beneficiaries, including payments through insurance intermediaries. |
| --- | --- |

(43)

In order to ensure that wine support programmes meet their objectives and that there is a targeted use of the European Funds, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules: on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability; on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure; on changes to support programmes after they have become applicable; on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made; to avoid misuse of the support measures and double funding of projects; under which producers shall withdraw the by-products of winemaking, exceptions from this obligation in order to avoid additional administrative burden and provisions for the voluntary certification of distillers; laying down the requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures; regarding payments to beneficiaries, including payments through insurance intermediaries.

Amendment 35

Proposal for a regulation

Recital 44

| Text proposed by the Commission | Amendment |
| --- | --- |
| (44) | Beekeeping is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the
  spread
  of varroasis in several Member States in recent years and the problems which that disease causes to honey production, action by the Union continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve the production and marketing of apiculture products in the Union, national programmes for the sector should be drawn up every three years with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union. |

Text proposed by the Commission

Amendment

(44)

Beekeeping is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the
  spread
  of varroasis in several Member States in recent years and the problems which that disease causes to honey production, action by the Union continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve the production and marketing of apiculture products in the Union, national programmes for the sector should be drawn up every three years with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union.

| (44) | Beekeeping is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the
  increasing incidence
  of
  certain types of hive invasions, and in particular of the spread of
  varroasis in several Member States in recent years and the problems which that disease causes to honey production,
  coordinated
  action by the Union
  as part of European veterinary policy
  continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve
  bee health and
  the production and marketing of apiculture products in the Union, national programmes for the sector should be drawn up every three years with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union. |
| --- | --- |

(44)

Beekeeping is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the
  increasing incidence
  of
  certain types of hive invasions, and in particular of the spread of
  varroasis in several Member States in recent years and the problems which that disease causes to honey production,
  coordinated
  action by the Union
  as part of European veterinary policy
  continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve
  bee health and
  the production and marketing of apiculture products in the Union, national programmes for the sector should be drawn up every three years with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union.

Amendment 36

Proposal for a regulation

Recital 45

| Text proposed by the Commission | Amendment |
| --- | --- |
| (45) | In order to ensure a targeted use of Union funds for apiculture, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of: the measures which may be included in apiculture programmes, rules on the obligations relating to the content of national programmes, their drawing up and the related studies; and the conditions for the allocation of the Union’s financial contribution to each participating Member State. |

Text proposed by the Commission

Amendment

(45)

In order to ensure a targeted use of Union funds for apiculture, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of: the measures which may be included in apiculture programmes, rules on the obligations relating to the content of national programmes, their drawing up and the related studies; and the conditions for the allocation of the Union’s financial contribution to each participating Member State.

| (45) | In order to ensure a targeted use of Union funds for apiculture, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of:
  the details of
  the measures which may be included in apiculture programmes; rules on the obligations relating to the content of national programmes, their drawing up and the related studies; and the conditions for the allocation of the Union’s financial contribution to each participating Member State. |
| --- | --- |

(45)

In order to ensure a targeted use of Union funds for apiculture, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of:
  the details of
  the measures which may be included in apiculture programmes; rules on the obligations relating to the content of national programmes, their drawing up and the related studies; and the conditions for the allocation of the Union’s financial contribution to each participating Member State.

Amendment 37

Proposal for a regulation

Recital 48 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (48a) | One key measure eligible for national support programmes should be the promotion and marketing of Union agricultural products in the Union and in third countries. |

Text proposed by the Commission

Amendment

(48a)

One key measure eligible for national support programmes should be the promotion and marketing of Union agricultural products in the Union and in third countries.

Amendment 38

Proposal for a regulation

Recital 50

| Text proposed by the Commission | Amendment |
| --- | --- |
| (50) | In order to guarantee that all products are of sound, fair and marketable quality, and without prejudice to 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, a basic general marketing standard as envisaged in the aforementioned Communication of the Commission should be appropriate for products not covered by marketing standards by sectors or products. When such products conform to an applicable international standard, as appropriate, those products should be considered as conforming to the general marketing standard. |

Text proposed by the Commission

Amendment

(50)

In order to guarantee that all products are of sound, fair and marketable quality, and without prejudice to 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, a basic general marketing standard as envisaged in the aforementioned Communication of the Commission should be appropriate for products not covered by marketing standards by sectors or products. When such products conform to an applicable international standard, as appropriate, those products should be considered as conforming to the general marketing standard.

| (50) | In order to guarantee that all products are of sound, fair and marketable quality, and without prejudice to 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, a basic general marketing standard as envisaged in the aforementioned Communication of the Commission should be appropriate for products not covered by marketing standards by sectors or products. When such products conform to an applicable international standard, as appropriate, those products should be considered as conforming to the general marketing standard.
  Without prejudice to Union law and the smooth functioning of the internal market, the Member States should, however, retain the capacity to adopt or maintain national provisions for sectors or products subject to the general marketing standard or for sectors or products subject to specific marketing standards, in the case of elements not expressly harmonised under this Regulation. |
| --- | --- |

(50)

In order to guarantee that all products are of sound, fair and marketable quality, and without prejudice to 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, a basic general marketing standard as envisaged in the aforementioned Communication of the Commission should be appropriate for products not covered by marketing standards by sectors or products. When such products conform to an applicable international standard, as appropriate, those products should be considered as conforming to the general marketing standard.
  Without prejudice to Union law and the smooth functioning of the internal market, the Member States should, however, retain the capacity to adopt or maintain national provisions for sectors or products subject to the general marketing standard or for sectors or products subject to specific marketing standards, in the case of elements not expressly harmonised under this Regulation.

Amendment 39

Proposal for a regulation

Recital 53 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (53a) | The marketing standards should be clearly divided between obligatory rules and optional reserved terms. The optional reserved terms should continue to support the aims of the marketing standards and should thus be limited in scope to the products listed in Annex I to the Treaties. |

Text proposed by the Commission

Amendment

(53a)

The marketing standards should be clearly divided between obligatory rules and optional reserved terms. The optional reserved terms should continue to support the aims of the marketing standards and should thus be limited in scope to the products listed in Annex I to the Treaties.

Amendment 40

Proposal for a regulation

Recital 53 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (53b) | In the light of the objectives of this Regulation and in the interest of clarity, existing optional reserved terms should henceforth be governed by this Regulation. |

Text proposed by the Commission

Amendment

(53b)

In the light of the objectives of this Regulation and in the interest of clarity, existing optional reserved terms should henceforth be governed by this Regulation.

Amendment 41

Proposal for a regulation

Recital 54

| Text proposed by the Commission | Amendment |
| --- | --- |
| (54) | Taking into account the interest of consumers to receive adequate and transparent product information, it should be possible to determine the place of farming, on a case by case approach at the appropriate geographical level, while taking into account the specificities of some sectors, in particular concerning processed agricultural products. |

Text proposed by the Commission

Amendment

(54)

Taking into account the interest of consumers to receive adequate and transparent product information, it should be possible to determine the place of farming, on a case by case approach at the appropriate geographical level, while taking into account the specificities of some sectors, in particular concerning processed agricultural products.

| (54) | Taking into account the interest of consumers to receive adequate and transparent product information, it should be possible to determine the place of farming, on a case by case approach at the appropriate geographical level,
  without forgetting that incomplete and incorrect information can affect the economic and productive fabric of the area concerned,
  while taking into account the
  regional
  specificities of some sectors, in particular concerning processed agricultural products. |
| --- | --- |

(54)

Taking into account the interest of consumers to receive adequate and transparent product information, it should be possible to determine the place of farming, on a case by case approach at the appropriate geographical level,
  without forgetting that incomplete and incorrect information can affect the economic and productive fabric of the area concerned,
  while taking into account the
  regional
  specificities of some sectors, in particular concerning processed agricultural products.

Amendment 42

Proposal for a regulation

Recital 56

| Text proposed by the Commission | Amendment |
| --- | --- |
| (56) | It is appropriate to provide for special rules in respect of products imported from third countries
  if national provisions in force in third countries justify derogations from the marketing standards if their equivalence to Union legislation is guaranteed
  . |

Text proposed by the Commission

Amendment

(56)

It is appropriate to provide for special rules in respect of products imported from third countries
  if national provisions in force in third countries justify derogations from the marketing standards if their equivalence to Union legislation is guaranteed
  .

| (56) | It is appropriate to provide for special rules in respect of products imported from third countries
  , to be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty, which define the conditions under which imported products are to be considered to provide an equivalent level of compliance with the Union requirements concerning marketing standards and which allow for measures derogating from the rules requiring that products are to be marketed in the Union only in accordance with such standards. It is also appropriate to determine the rules relating to the application of the marketing standards applicable to the products exported from the Union
  . |
| --- | --- |

(56)

It is appropriate to provide for special rules in respect of products imported from third countries
  , to be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty, which define the conditions under which imported products are to be considered to provide an equivalent level of compliance with the Union requirements concerning marketing standards and which allow for measures derogating from the rules requiring that products are to be marketed in the Union only in accordance with such standards. It is also appropriate to determine the rules relating to the application of the marketing standards applicable to the products exported from the Union
  .

Amendment 43

Proposal for a regulation

Recital 58

| Text proposed by the Commission | Amendment |
| --- | --- |
| (58) | In order to address changes in the market situation, taking into account the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in respect of acts
  to adopt, modify and derogate from requirements related to the general marketing standard, and rules concerning the conformity to it. |

Text proposed by the Commission

Amendment

(58)

In order to address changes in the market situation, taking into account the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in respect of acts
  to adopt, modify and derogate from requirements related to the general marketing standard, and rules concerning the conformity to it.

| (58) | In order to address changes in the market situation, taking into account the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission to adopt
  detailed rules concerning the general marketing standard, and to
  modify and derogate from requirements related to the general marketing standard, and rules concerning the conformity to it. |
| --- | --- |

(58)

In order to address changes in the market situation, taking into account the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission to adopt
  detailed rules concerning the general marketing standard, and to
  modify and derogate from requirements related to the general marketing standard, and rules concerning the conformity to it.

Amendment 44

Proposal for a regulation

Recital 61

| Text proposed by the Commission | Amendment |
| --- | --- |
| (61) | In order to take account of the
  specificities in trade between the Union and certain third countries, the
  special character of some agricultural products and the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning a tolerance for each marketing standard beyond which the entire batch of products should be considered as not respecting the standard
  and concerning rules which define the conditions under which imported products are considered as providing an equivalent level of compliance with the Union requirements concerning marketing standards and which allow for measures derogating from the rules that products be marketed in the Union only in accordance with such standards and determine the rules relating to the application of the marketing standards to products exported from the Union
  . |

Text proposed by the Commission

Amendment

(61)

In order to take account of the
  specificities in trade between the Union and certain third countries, the
  special character of some agricultural products and the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning a tolerance for each marketing standard beyond which the entire batch of products should be considered as not respecting the standard
  and concerning rules which define the conditions under which imported products are considered as providing an equivalent level of compliance with the Union requirements concerning marketing standards and which allow for measures derogating from the rules that products be marketed in the Union only in accordance with such standards and determine the rules relating to the application of the marketing standards to products exported from the Union
  .

| (61) | In order to take account of the special character of some agricultural products and the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning a tolerance for each marketing standard beyond which the entire batch of products should be considered as not respecting the standard. |
| --- | --- |

(61)

In order to take account of the special character of some agricultural products and the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning a tolerance for each marketing standard beyond which the entire batch of products should be considered as not respecting the standard.

Amendment 45

Proposal for a regulation

Recital 69

| Text proposed by the Commission | Amendment |
| --- | --- |
| (69) | In order to take account of the specificities of the production in the demarcated geographical area, to ensure product quality and traceability and to ensure the legitimate rights or interests of producers or operators the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the
  principles for the
  demarcation of the geographical area, and
  definitions,
  restrictions and derogations related to the production in the demarcated geographical area; concerning the conditions under which product specifications may include additional requirements; and concerning the elements of the product specification; the type of applicant that may apply for the protection of a designation of origin or geographical indication; the procedures to be followed in respect of an application for the protection of a designation of origin or geographical indication, including on preliminary national procedures, scrutiny by the Commission, objection procedures, and procedure on amendment, cancellation and conversion of protected designations of origin or protected geographical indication; the procedures applicable to trans-border applications; procedures for applications relating to geographical areas in a third country; the date from which protection shall run; the procedures related to amendments to product specifications; and the date on which an amendment shall enter into force. |

Text proposed by the Commission

Amendment

(69)

In order to take account of the specificities of the production in the demarcated geographical area, to ensure product quality and traceability and to ensure the legitimate rights or interests of producers or operators the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the
  principles for the
  demarcation of the geographical area, and
  definitions,
  restrictions and derogations related to the production in the demarcated geographical area; concerning the conditions under which product specifications may include additional requirements; and concerning the elements of the product specification; the type of applicant that may apply for the protection of a designation of origin or geographical indication; the procedures to be followed in respect of an application for the protection of a designation of origin or geographical indication, including on preliminary national procedures, scrutiny by the Commission, objection procedures, and procedure on amendment, cancellation and conversion of protected designations of origin or protected geographical indication; the procedures applicable to trans-border applications; procedures for applications relating to geographical areas in a third country; the date from which protection shall run; the procedures related to amendments to product specifications; and the date on which an amendment shall enter into force.

| (69) | In order to take account of the specificities of the production in the demarcated geographical area, to ensure product quality and traceability and to ensure the legitimate rights or interests of producers or operators the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  with regard to additional details
  concerning the demarcation of the geographical area, and restrictions and derogations related to the production in the demarcated geographical area; concerning the conditions under which product specifications may include additional requirements; and concerning the elements of the product specification; the type of applicant that may apply for the protection of a designation of origin or geographical indication; the procedures to be followed in respect of an application for the protection of a designation of origin or geographical indication, including on preliminary national procedures, scrutiny by the Commission, objection procedures, and procedure on amendment, cancellation and conversion of protected designations of origin or protected geographical indication; the procedures applicable to trans-border applications; procedures for applications relating to geographical areas in a third country; the date from which protection shall run; the procedures related to amendments to product specifications; and the date on which an amendment shall enter into force. |
| --- | --- |

(69)

In order to take account of the specificities of the production in the demarcated geographical area, to ensure product quality and traceability and to ensure the legitimate rights or interests of producers or operators the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  with regard to additional details
  concerning the demarcation of the geographical area, and restrictions and derogations related to the production in the demarcated geographical area; concerning the conditions under which product specifications may include additional requirements; and concerning the elements of the product specification; the type of applicant that may apply for the protection of a designation of origin or geographical indication; the procedures to be followed in respect of an application for the protection of a designation of origin or geographical indication, including on preliminary national procedures, scrutiny by the Commission, objection procedures, and procedure on amendment, cancellation and conversion of protected designations of origin or protected geographical indication; the procedures applicable to trans-border applications; procedures for applications relating to geographical areas in a third country; the date from which protection shall run; the procedures related to amendments to product specifications; and the date on which an amendment shall enter into force.

Amendment 46

Proposal for a regulation

Recital 70

| Text proposed by the Commission | Amendment |
| --- | --- |
| (70) | In order to ensure adequate protection and that economic operators and competent authorities are not prejudiced by the application of this Regulation as regards wine names which have been granted protection prior to 1 August 2009, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of adoption restrictions regarding the protected name and in respect of transitional provisions concerning: wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009; preliminary national procedure; wines placed on the market or labelled before a specific date; and amendments to the product specifications. |

Text proposed by the Commission

Amendment

(70)

In order to ensure adequate protection and that economic operators and competent authorities are not prejudiced by the application of this Regulation as regards wine names which have been granted protection prior to 1 August 2009, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of adoption restrictions regarding the protected name and in respect of transitional provisions concerning: wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009; preliminary national procedure; wines placed on the market or labelled before a specific date; and amendments to the product specifications.

deleted

Amendment 47

Proposal for a regulation

Recital 74

| Text proposed by the Commission | Amendment |
| --- | --- |
| (74) | In order to ensure compliance with existing labelling practices, with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector; in order to ensure the efficiency of the certification, approval and verification procedures and the legitimate interests of operators and that economic operators are not prejudiced the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of exceptional circumstances justifying omitting reference to the terms ‘protected designation of origin’ or ‘protected geographical indication’; in respect of the presentation and use of labelling particulars other than those provided for in this Regulation; certain compulsory particulars; optional particulars; and presentation; in respect of the necessary measures as regards labelling and presentation of wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication meets the necessary requirements; in respect of wine placed on the market and labelled before 1 August 2009; and in respect of derogations on labelling and presentation. |

Text proposed by the Commission

Amendment

(74)

In order to ensure compliance with existing labelling practices, with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector; in order to ensure the efficiency of the certification, approval and verification procedures and the legitimate interests of operators and that economic operators are not prejudiced the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of exceptional circumstances justifying omitting reference to the terms ‘protected designation of origin’ or ‘protected geographical indication’; in respect of the presentation and use of labelling particulars other than those provided for in this Regulation; certain compulsory particulars; optional particulars; and presentation; in respect of the necessary measures as regards labelling and presentation of wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication meets the necessary requirements; in respect of wine placed on the market and labelled before 1 August 2009; and in respect of derogations on labelling and presentation.

| (74) | In order to ensure compliance with existing labelling practices, with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector; in order to ensure the efficiency of the certification, approval and verification procedures and the legitimate interests of operators and that economic operators are not prejudiced the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of exceptional circumstances justifying omitting reference to the terms ‘protected designation of origin’ or ‘protected geographical indication’; in respect of the presentation and use of labelling particulars other than those provided for in this Regulation; certain compulsory particulars; optional particulars; and presentation; in respect of the necessary measures as regards labelling and presentation of wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication meets the necessary requirements; in respect of wine placed on the market and labelled before 1 August 2009; and in respect of derogations on labelling
  of exports
  and presentation. |
| --- | --- |

(74)

In order to ensure compliance with existing labelling practices, with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector; in order to ensure the efficiency of the certification, approval and verification procedures and the legitimate interests of operators and that economic operators are not prejudiced the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of exceptional circumstances justifying omitting reference to the terms ‘protected designation of origin’ or ‘protected geographical indication’; in respect of the presentation and use of labelling particulars other than those provided for in this Regulation; certain compulsory particulars; optional particulars; and presentation; in respect of the necessary measures as regards labelling and presentation of wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication meets the necessary requirements; in respect of wine placed on the market and labelled before 1 August 2009; and in respect of derogations on labelling
  of exports
  and presentation.

Amendment 48

Proposal for a regulation

Recital 77

| Text proposed by the Commission | Amendment |
| --- | --- |
| (77) | It is appropriate to determine certain oenological practices and restrictions for the production of wine, in particular as regards coupage and the use of certain types of grape must, grape juice and fresh grapes originating in third countries. In order to meet the international standards,
  for further oenological practices
  , the Commission should as a general rule base itself on the oenological practices recommended by the International Organisation of Vine and Wine (OIV). |

Text proposed by the Commission

Amendment

(77)

It is appropriate to determine certain oenological practices and restrictions for the production of wine, in particular as regards coupage and the use of certain types of grape must, grape juice and fresh grapes originating in third countries. In order to meet the international standards,
  for further oenological practices
  , the Commission should as a general rule base itself on the oenological practices recommended by the International Organisation of Vine and Wine (OIV).

| (77) | It is appropriate to determine certain oenological practices and restrictions for the production of wine, in particular as regards coupage and the use of certain types of grape must, grape juice and fresh grapes originating in third countries. In order to meet the international standards, the Commission should as a general rule base itself on the oenological practices recommended by the International Organisation of Vine and Wine (OIV),
  when making proposals
  on further oenological practices. |
| --- | --- |

(77)

It is appropriate to determine certain oenological practices and restrictions for the production of wine, in particular as regards coupage and the use of certain types of grape must, grape juice and fresh grapes originating in third countries. In order to meet the international standards, the Commission should as a general rule base itself on the oenological practices recommended by the International Organisation of Vine and Wine (OIV),
  when making proposals
  on further oenological practices.

Amendment 49

Proposal for a regulation

Recital 82 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (82a) | For economic, social and environmental reasons and in the light of regional planning policy in rural areas with a wine-producing tradition, and going beyond the requirement to uphold the diversity, prestige and quality of European wine products, the present system of planting rights in the wine sector should be maintained until at least 2030. |

Text proposed by the Commission

Amendment

(82a)

For economic, social and environmental reasons and in the light of regional planning policy in rural areas with a wine-producing tradition, and going beyond the requirement to uphold the diversity, prestige and quality of European wine products, the present system of planting rights in the wine sector should be maintained until at least 2030.

Amendment 50

Proposal for a regulation

Recital 83

| Text proposed by the Commission | Amendment |
| --- | --- |
| (83) | Specific instruments
  will still be
  needed
  after the end of the quota system
  to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions governing agreements between them should be established. |

Text proposed by the Commission

Amendment

(83)

Specific instruments
  will still be
  needed
  after the end of the quota system
  to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions governing agreements between them should be established.

| (83) | In the sugar sector
  specific instruments
  are
  needed to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions governing agreements between them should be established. |
| --- | --- |

(83)

In the sugar sector
  specific instruments
  are
  needed to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions governing agreements between them should be established.

Amendment 51

Proposal for a regulation

Recital 84

| Text proposed by the Commission | Amendment |
| --- | --- |
| (84) | In order to
  taking
  into account the specificities of the sugar sector and the interests of all parties,
  the power to adopt certain acts in accordance with Article 290 of the Treaty
  should be
  delegated to the Commission
  in respect of such agreements, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet. |

Text proposed by the Commission

Amendment

(84)

In order to
  taking
  into account the specificities of the sugar sector and the interests of all parties,
  the power to adopt certain acts in accordance with Article 290 of the Treaty
  should be
  delegated to the Commission
  in respect of such agreements, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet.

| (84) | In order to
  take
  into account the specificities of the sugar sector and the interests of all parties,
  provision
  should be
  made for a series of rules
  in respect of such agreements, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet. |
| --- | --- |

(84)

In order to
  take
  into account the specificities of the sugar sector and the interests of all parties,
  provision
  should be
  made for a series of rules
  in respect of such agreements, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet.

Amendment 52

Proposal for a regulation

Recital 84 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (84a) | To enable beet growers to complete their adaptation to the far-reaching reform carried out in the sugar sector in 2006 and to continue the efforts to become competitive that have been undertaken since then, the present quota system should be extended until the end of the 2019-2020 marketing year. In this context, the Commission should be allowed to allocate production quotas to Member States who renounced their entire quota in 2006. |

Text proposed by the Commission

Amendment

(84a)

To enable beet growers to complete their adaptation to the far-reaching reform carried out in the sugar sector in 2006 and to continue the efforts to become competitive that have been undertaken since then, the present quota system should be extended until the end of the 2019-2020 marketing year. In this context, the Commission should be allowed to allocate production quotas to Member States who renounced their entire quota in 2006.

Amendment 53

Proposal for a regulation

Recital 84 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (84b) | The considerable and recurrent tensions observed on the European sugar market call for a mechanism that, for as long as necessary, releases non-quota sugar onto the internal market applying the same conditions as for quota sugar. This mechanism should, at the same time, permit additional imports at zero duty in order to ensure sufficient raw materials are available on the Union sugar market and to preserve the structural balance of this market. |

Text proposed by the Commission

Amendment

(84b)

The considerable and recurrent tensions observed on the European sugar market call for a mechanism that, for as long as necessary, releases non-quota sugar onto the internal market applying the same conditions as for quota sugar. This mechanism should, at the same time, permit additional imports at zero duty in order to ensure sufficient raw materials are available on the Union sugar market and to preserve the structural balance of this market.

Amendment 54

Proposal for a regulation

Recital 84 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (84c) | In view of the definitive abolition of the quota system in 2020, the Commission should submit before 1 July 2018 a report to Parliament and the Council on the appropriate procedures for ending the current quota arrangements and on the future of the sector after the abolition of quotas in 2020, accompanied by any necessary proposals to prepare the entire sector for the period after 2020. Before 31 December 2014, the Commission should also submit a report on the functioning of the supply chain in the Union sugar sector. |

Text proposed by the Commission

Amendment

(84c)

In view of the definitive abolition of the quota system in 2020, the Commission should submit before 1 July 2018 a report to Parliament and the Council on the appropriate procedures for ending the current quota arrangements and on the future of the sector after the abolition of quotas in 2020, accompanied by any necessary proposals to prepare the entire sector for the period after 2020. Before 31 December 2014, the Commission should also submit a report on the functioning of the supply chain in the Union sugar sector.

Amendment 55

Proposal for a regulation

Recital 85

| Text proposed by the Commission | Amendment |
| --- | --- |
| (85) | Producer organisations and their associations can play useful roles in concentrating supply and promoting best practices.
  Interbranch organisations can play important part in allowing dialogue between actors in the supply chain, and in promoting best practices and market transparency. Existing rules on the definition and recognition of such organisations and their associations covering certain sectors should therefore be harmonised, streamlined and extended to provide for recognition on request under statutes set out in EU law in all sectors. |

Text proposed by the Commission

Amendment

(85)

Producer organisations and their associations can play useful roles in concentrating supply and promoting best practices.
  Interbranch organisations can play important part in allowing dialogue between actors in the supply chain, and in promoting best practices and market transparency. Existing rules on the definition and recognition of such organisations and their associations covering certain sectors should therefore be harmonised, streamlined and extended to provide for recognition on request under statutes set out in EU law in all sectors.

| (85) | Producer organisations and their associations can play useful roles in concentrating supply
  improving marketing, correcting imbalances in the value chain
  and promoting best practices
  , especially in achieving the objectives of Article 39 of the Treaty, in particular the stabilisation of producers’ income, inter alia by making risk management tools available to their members, by improving marketing, by concentrating supply and by negotiating contracts, thereby strengthening the producers’ negotiating power. |
| --- | --- |

(85)

Producer organisations and their associations can play useful roles in concentrating supply
  improving marketing, correcting imbalances in the value chain
  and promoting best practices
  , especially in achieving the objectives of Article 39 of the Treaty, in particular the stabilisation of producers’ income, inter alia by making risk management tools available to their members, by improving marketing, by concentrating supply and by negotiating contracts, thereby strengthening the producers’ negotiating power.

Amendment 56

Proposal for a regulation

Recital 85 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (85a) | Interbranch organisations can play an important part in allowing dialogue between actors in the supply chain, and in promoting best practices and market transparency. |

Text proposed by the Commission

Amendment

(85a)

Interbranch organisations can play an important part in allowing dialogue between actors in the supply chain, and in promoting best practices and market transparency.

Amendment 57

Proposal for a regulation

Recital 85 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (85b) | Existing rules on the definition and recognition of producers’ organisations, their associations, and interbranch organisations covering certain sectors should therefore be harmonised, streamlined and extended to provide for recognition on request under statutes set out in accordance with this Regulation for all sectors. In particular, it is essential that the recognition criteria and rules of association of producers’ organisations drawn up under Community rules ensure that such bodies are set up on the initiative of farmers, who democratically define the organisations’ general policy and take the decisions on their internal running. |

Text proposed by the Commission

Amendment

(85b)

Existing rules on the definition and recognition of producers’ organisations, their associations, and interbranch organisations covering certain sectors should therefore be harmonised, streamlined and extended to provide for recognition on request under statutes set out in accordance with this Regulation for all sectors. In particular, it is essential that the recognition criteria and rules of association of producers’ organisations drawn up under Community rules ensure that such bodies are set up on the initiative of farmers, who democratically define the organisations’ general policy and take the decisions on their internal running.

Amendment 58

Proposal for a regulation

Recital 87

| Text proposed by the Commission | Amendment |
| --- | --- |
| (87) | As regards live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat
  provision should be made for the possibility of adopting certain measures to facilitate the adjustment of supply to market requirements which may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned. |

Text proposed by the Commission

Amendment

(87)

As regards live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat
  provision should be made for the possibility of adopting certain measures to facilitate the adjustment of supply to market requirements which may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned.

| (87) | Provision should be made for the possibility of adopting certain measures to facilitate the adjustment of supply to market requirements which may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned. |
| --- | --- |

(87)

Provision should be made for the possibility of adopting certain measures to facilitate the adjustment of supply to market requirements which may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned.

Amendment 59

Proposal for a regulation

Recital 88

| Text proposed by the Commission | Amendment |
| --- | --- |
| (88) | In order to encourage action by producer
  organisation
  , their associations and interbranch organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in respect of measures concerning live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectors
  to improve quality; promote better organisation of production, processing and marketing; facilitate the recording of market price trends; and permit the establishment of short and long-term forecasts on the basis of the means of production used. |

Text proposed by the Commission

Amendment

(88)

In order to encourage action by producer
  organisation
  , their associations and interbranch organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in respect of measures concerning live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectors
  to improve quality; promote better organisation of production, processing and marketing; facilitate the recording of market price trends; and permit the establishment of short and long-term forecasts on the basis of the means of production used.

| (88) | In order to encourage action by producer
  organisations
  , their associations and interbranch organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission to improve quality; promote better organisation of production, processing and marketing; facilitate the recording of market price trends; and permit the establishment of short and long-term forecasts on the basis of the means of production used. |
| --- | --- |

(88)

In order to encourage action by producer
  organisations
  , their associations and interbranch organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission to improve quality; promote better organisation of production, processing and marketing; facilitate the recording of market price trends; and permit the establishment of short and long-term forecasts on the basis of the means of production used.

Amendment 60

Proposal for a regulation

Recital 90

| Text proposed by the Commission | Amendment |
| --- | --- |
| (90) | In the absence of Union legislation on formalised, written contracts, Member States may, within their own contract law systems, make the use of such contracts compulsory provided that in doing so the Union law is respected and in particular that the proper functioning of the internal market and the common market organisation is respected. Given the diversity of situations across the Union, in the interests of subsidiarity, such a decision should remain with Member States. However, in the milk and milk products sector, to ensure appropriate minimum standards for such contracts and good functioning of the internal market and the common market organisation, some basic conditions for the use of such contracts should be laid down at the Union level. Since some dairy co-operatives may have rules with similar effect in their statues, in the interests of simplicity they should be exempted from the requirement for a contract. In order to ensure that any such system is effective it should apply equally where intermediate parties collect milk from farmers to deliver to processors. |

Text proposed by the Commission

Amendment

(90)

In the absence of Union legislation on formalised, written contracts, Member States may, within their own contract law systems, make the use of such contracts compulsory provided that in doing so the Union law is respected and in particular that the proper functioning of the internal market and the common market organisation is respected. Given the diversity of situations across the Union, in the interests of subsidiarity, such a decision should remain with Member States. However, in the milk and milk products sector, to ensure appropriate minimum standards for such contracts and good functioning of the internal market and the common market organisation, some basic conditions for the use of such contracts should be laid down at the Union level. Since some dairy co-operatives may have rules with similar effect in their statues, in the interests of simplicity they should be exempted from the requirement for a contract. In order to ensure that any such system is effective it should apply equally where intermediate parties collect milk from farmers to deliver to processors.

deleted

Amendment 61

Proposal for a regulation

Recital 90 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (90a) | The use of formalised written contracts, concluded in advance of delivery, containing basic elements, is not widespread. However, such contracts may help to reinforce the responsibility of operators, as in the case of the dairy chain, and to increase awareness of the need to better take into account the signals of the market, to improve price transmission and to adapt supply to demand, as well as to help to avoid certain unfair commercial practices. |

Text proposed by the Commission

Amendment

(90a)

The use of formalised written contracts, concluded in advance of delivery, containing basic elements, is not widespread. However, such contracts may help to reinforce the responsibility of operators, as in the case of the dairy chain, and to increase awareness of the need to better take into account the signals of the market, to improve price transmission and to adapt supply to demand, as well as to help to avoid certain unfair commercial practices.

Amendment 62

Proposal for a regulation

Recital 90 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (90b) | In the absence of Union legislation concerning such contracts, Member States should be allowed, within their own systems of contract law, to make the use of such contracts compulsory, provided that, in doing so, Union law is respected and, in particular, that the proper functioning of the internal market and of the common market organisation is respected. In view of the diversity of the situations that exist across the Union in relation to contract law, in the interests of subsidiarity, such a decision should remain with Member States. Equal conditions should apply to all deliveries on a given territory. Therefore, if a Member State decides that every delivery in its territory to a processor by a farmer is to be covered by a written contract between the parties, that obligation should also apply to deliveries coming from other Member States, but it is not necessary for it to apply to deliveries to other Member States. In accordance with the principle of subsidiarity it should be left to Member States to decide whether to require a first purchaser to make a written offer to a farmer for such a contract. |

Text proposed by the Commission

Amendment

(90b)

In the absence of Union legislation concerning such contracts, Member States should be allowed, within their own systems of contract law, to make the use of such contracts compulsory, provided that, in doing so, Union law is respected and, in particular, that the proper functioning of the internal market and of the common market organisation is respected. In view of the diversity of the situations that exist across the Union in relation to contract law, in the interests of subsidiarity, such a decision should remain with Member States. Equal conditions should apply to all deliveries on a given territory. Therefore, if a Member State decides that every delivery in its territory to a processor by a farmer is to be covered by a written contract between the parties, that obligation should also apply to deliveries coming from other Member States, but it is not necessary for it to apply to deliveries to other Member States. In accordance with the principle of subsidiarity it should be left to Member States to decide whether to require a first purchaser to make a written offer to a farmer for such a contract.

Amendment 63

Proposal for a regulation

Recital 91

| Text proposed by the Commission | Amendment |
| --- | --- |
| (91) | In order to ensure the rational development of production and thus a fair standard of living for dairy farmers, their bargaining power vis-à-vis processors should be strengthened which should result in a fairer distribution of value-added along the supply chain. Therefore, in order to attain these CAP objectives, a provision should be adopted pursuant to Articles 42 and 43(2) of the Treaty to allow producer organisations constituted by dairy farmers or their associations to negotiate contract terms, including price, for some or all of its members’ production with a dairy. In order to maintain effective competition on the dairy market, this possibility should be subject to appropriate quantitative limits. |

Text proposed by the Commission

Amendment

(91)

In order to ensure the rational development of production and thus a fair standard of living for dairy farmers, their bargaining power vis-à-vis processors should be strengthened which should result in a fairer distribution of value-added along the supply chain. Therefore, in order to attain these CAP objectives, a provision should be adopted pursuant to Articles 42 and 43(2) of the Treaty to allow producer organisations constituted by dairy farmers or their associations to negotiate contract terms, including price, for some or all of its members’ production with a dairy. In order to maintain effective competition on the dairy market, this possibility should be subject to appropriate quantitative limits.

deleted

Amendment 64

Proposal for a regulation

Recital 91 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (91a) | In order to ensure the viable development of production and a fair standard of living for farmers, their bargaining power with respect to prospective purchasers should be strengthened, resulting in a fairer distribution of value added along the supply chain. In order to achieve these common agricultural policy objectives, a provision should be adopted pursuant to Articles 42 and, in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty, that allows producer organisations consisting solely of farmers or their associations to negotiate the terms of any contracts, including prices, jointly for some or all of its members’ production with a purchaser so as to prevent purchasers imposing prices that are lower than the costs of production. However, only producer organisations which seek and obtain recognition should be eligible to benefit from that provision. In addition, that provision should not apply to cooperatives. Furthermore, existing producer organisations recognised under national law should become eligible for de facto recognition under this Regulation. |

Text proposed by the Commission

Amendment

(91a)

In order to ensure the viable development of production and a fair standard of living for farmers, their bargaining power with respect to prospective purchasers should be strengthened, resulting in a fairer distribution of value added along the supply chain. In order to achieve these common agricultural policy objectives, a provision should be adopted pursuant to Articles 42 and, in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty, that allows producer organisations consisting solely of farmers or their associations to negotiate the terms of any contracts, including prices, jointly for some or all of its members’ production with a purchaser so as to prevent purchasers imposing prices that are lower than the costs of production. However, only producer organisations which seek and obtain recognition should be eligible to benefit from that provision. In addition, that provision should not apply to cooperatives. Furthermore, existing producer organisations recognised under national law should become eligible for de facto recognition under this Regulation.

Amendment 65

Proposal for a regulation

Recital 91 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (91b) | In view of the importance of protected designations of origin (PDO) and protected geographical indications (PGI), notably for vulnerable rural regions, and in order to ensure the value added and to maintain the quality of, in particular, cheeses benefiting from PDO or PGI, and in the context of the expiring milk quota system, Member States should be allowed to apply rules to regulate the supply of such cheese produced in a defined geographical area. The rules should cover the entire production of the cheese concerned and should be requested by an interbranch organisation, a producer organisation or a group as defined in Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs. Such a request should be supported by a large majority of milk producers representing a large majority of the volume of milk used for that cheese and, in the case of interbranch organisations and groups, by a large majority of cheese producers representing a large majority of the production of that cheese. Moreover, these rules should be subject to strict conditions, in particular in order to avoid damage to the trade in products in other markets and to protect minority rights. Member States should immediately publish and notify to the Commission the adopted rules, ensure regular checks and repeal the rules in case of non-compliance. |

Text proposed by the Commission

Amendment

(91b)

In view of the importance of protected designations of origin (PDO) and protected geographical indications (PGI), notably for vulnerable rural regions, and in order to ensure the value added and to maintain the quality of, in particular, cheeses benefiting from PDO or PGI, and in the context of the expiring milk quota system, Member States should be allowed to apply rules to regulate the supply of such cheese produced in a defined geographical area. The rules should cover the entire production of the cheese concerned and should be requested by an interbranch organisation, a producer organisation or a group as defined in Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs. Such a request should be supported by a large majority of milk producers representing a large majority of the volume of milk used for that cheese and, in the case of interbranch organisations and groups, by a large majority of cheese producers representing a large majority of the production of that cheese. Moreover, these rules should be subject to strict conditions, in particular in order to avoid damage to the trade in products in other markets and to protect minority rights. Member States should immediately publish and notify to the Commission the adopted rules, ensure regular checks and repeal the rules in case of non-compliance.

Amendment 66

Proposal for a regulation

Recital 91 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (91c) | Pursuant to Regulation (EC) No 1234/2007, milk quotas will expire within a relatively short period after the entry into force of this Regulation. After the repeal of Regulation (EC) No 1234/2007, the relevant provisions should continue to apply until the end of this scheme. |

Text proposed by the Commission

Amendment

(91c)

Pursuant to Regulation (EC) No 1234/2007, milk quotas will expire within a relatively short period after the entry into force of this Regulation. After the repeal of Regulation (EC) No 1234/2007, the relevant provisions should continue to apply until the end of this scheme.

Amendment 67

Proposal for a regulation

Recital 91 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (91d) | When it was decided that milk quotas were to be abolished, a commitment was made to ensure a ‘soft landing’ for the milk and milk products sector. Regulation (EU) No 261/2012



   (3)



  on contractual relations in the milk and milk products sector represents a first step in that direction, and further legislation will also be needed. When there is a serious imbalance in the milk and milk products market, the Commission should therefore be authorised to grant aid to milk producers who voluntarily cut production, and to impose a levy on milk producers who increase production over the same period and in the same proportion. |

Text proposed by the Commission

Amendment

(91d)

When it was decided that milk quotas were to be abolished, a commitment was made to ensure a ‘soft landing’ for the milk and milk products sector. Regulation (EU) No 261/2012



   (3)



  on contractual relations in the milk and milk products sector represents a first step in that direction, and further legislation will also be needed. When there is a serious imbalance in the milk and milk products market, the Commission should therefore be authorised to grant aid to milk producers who voluntarily cut production, and to impose a levy on milk producers who increase production over the same period and in the same proportion.

Amendment 68

Proposal for a regulation

Recital 93

| Text proposed by the Commission | Amendment |
| --- | --- |
| (93) | In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations, interbranch organisations and operator organisations are clearly defined so as to contribute to the effectiveness of their actions, to take into account the specificities of each sector, and to ensure the respect of competition and the good functioning of the common market organisation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules on: the specific aims which may, shall or shall not be pursued by such organisations and associations,
  including derogations from
  those listed in this Regulation; the rules of association,
  the recognition,
  structure, legal personality, membership, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers; transnational organisations and associations; outsourcing of activities and the provision of technical means by organisations or associations; the minimum volume or value of marketable production of organisations and associations; the extension of certain rules of the organisations to non-members and the compulsory payment of subscriptions by non-members, including a list of stricter production rules which may be extended, further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules should be in force before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions be refused or withdrawn. |

Text proposed by the Commission

Amendment

(93)

In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations, interbranch organisations and operator organisations are clearly defined so as to contribute to the effectiveness of their actions, to take into account the specificities of each sector, and to ensure the respect of competition and the good functioning of the common market organisation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules on: the specific aims which may, shall or shall not be pursued by such organisations and associations,
  including derogations from
  those listed in this Regulation; the rules of association,
  the recognition,
  structure, legal personality, membership, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers; transnational organisations and associations; outsourcing of activities and the provision of technical means by organisations or associations; the minimum volume or value of marketable production of organisations and associations; the extension of certain rules of the organisations to non-members and the compulsory payment of subscriptions by non-members, including a list of stricter production rules which may be extended, further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules should be in force before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions be refused or withdrawn.

| (93) | In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations, interbranch organisations and operator organisations are clearly defined so as to contribute to the effectiveness of their actions, to take into account the specificities of each sector, and to ensure the respect of competition and the good functioning of the common market organisation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules on: the specific aims which may, shall or shall not be pursued by such organisations and associations,
  and, if necessary, may be added to
  those listed in this Regulation; the rules of association
  of organisations other than producer organisations, the specific conditions applicable to the rules of association of producer organisations in certain sectors
  , structure, legal personality, membership, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers; transnational organisations and associations
  , including rules on providing administrative assistance where there is transnational cooperation
  ;
  the conditions for the
  outsourcing of activities and the provision of technical means by organisations or associations; the minimum volume or value of marketable production of organisations and associations; the extension of certain rules of the organisations to non-members and the compulsory payment of subscriptions by non-members, including a list of stricter production rules which may be extended, further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules should be in force before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions be refused or withdrawn
  ; the specific conditions for implementing contractual arrangements and the specific amounts that may form the basis of contractual negotiations
  . |
| --- | --- |

(93)

In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations, interbranch organisations and operator organisations are clearly defined so as to contribute to the effectiveness of their actions, to take into account the specificities of each sector, and to ensure the respect of competition and the good functioning of the common market organisation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules on: the specific aims which may, shall or shall not be pursued by such organisations and associations,
  and, if necessary, may be added to
  those listed in this Regulation; the rules of association
  of organisations other than producer organisations, the specific conditions applicable to the rules of association of producer organisations in certain sectors
  , structure, legal personality, membership, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers; transnational organisations and associations
  , including rules on providing administrative assistance where there is transnational cooperation
  ;
  the conditions for the
  outsourcing of activities and the provision of technical means by organisations or associations; the minimum volume or value of marketable production of organisations and associations; the extension of certain rules of the organisations to non-members and the compulsory payment of subscriptions by non-members, including a list of stricter production rules which may be extended, further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules should be in force before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions be refused or withdrawn
  ; the specific conditions for implementing contractual arrangements and the specific amounts that may form the basis of contractual negotiations
  .

Amendment 69

Proposal for a regulation

Recital 94

| Text proposed by the Commission | Amendment |
| --- | --- |
| (94) | A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements. |

Text proposed by the Commission

Amendment

(94)

A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements.

| (94) | A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market
  , without disrupting the markets of developing countries
  . The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements. |
| --- | --- |

(94)

A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market
  , without disrupting the markets of developing countries
  . The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements.

Amendment 70

Proposal for a regulation

Recital 94 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (94a) | However, the implementation of international agreements should not depart from the principle of reciprocity, particularly with regard to tariffs, health, plant health, the environment and animal welfare; in addition, it should be carried out so as to ensure strict compliance with the mechanisms for entry prices, specific additional duties and compensatory levies. |

Text proposed by the Commission

Amendment

(94a)

However, the implementation of international agreements should not depart from the principle of reciprocity, particularly with regard to tariffs, health, plant health, the environment and animal welfare; in addition, it should be carried out so as to ensure strict compliance with the mechanisms for entry prices, specific additional duties and compensatory levies.

Amendment 71

Proposal for a regulation

Recital 96

| Text proposed by the Commission | Amendment |
| --- | --- |
| (96) | In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring imports or exports, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in respect of
  the list of the products of sectors subject to the presentation of an import or export licence; and the cases and situations where the presentation of an import or export licence is not required. |

Text proposed by the Commission

Amendment

(96)

In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring imports or exports, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  in respect of
  the list of the products of sectors subject to the presentation of an import or export licence; and the cases and situations where the presentation of an import or export licence is not required.

| (96) | In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring imports or exports, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  to modify and supplement
  the list of the products of sectors subject to the presentation of an import or export licence; and the cases and situations where the presentation of an import or export licence is not required. |
| --- | --- |

(96)

In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring imports or exports, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission
  to modify and supplement
  the list of the products of sectors subject to the presentation of an import or export licence; and the cases and situations where the presentation of an import or export licence is not required.

Amendment 72

Proposal for a regulation

Recital 100

| Text proposed by the Commission | Amendment |
| --- | --- |
| (100) | In order to ensure the efficiency of the entry price system, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of providing for inclusion a check of the customs value against
  another value than
  the unit price. |

Text proposed by the Commission

Amendment

(100)

In order to ensure the efficiency of the entry price system, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of providing for inclusion a check of the customs value against
  another value than
  the unit price.

| (100) | In order to ensure the efficiency of the entry price system, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of providing for a check to be made of the customs value against the unit price
  or, where necessary, a check of the customs value against the flat-rate import value
  .
  The check on the customs value should under no circumstances be carried out using a deductive method which would reduce or prevent the imposition of specific additional duties. |
| --- | --- |

(100)

In order to ensure the efficiency of the entry price system, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of providing for a check to be made of the customs value against the unit price
  or, where necessary, a check of the customs value against the flat-rate import value
  .
  The check on the customs value should under no circumstances be carried out using a deductive method which would reduce or prevent the imposition of specific additional duties.

Amendment 73

Proposal for a regulation

Recital 103 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (103a) | In order to facilitate the development and growth of the bio-based economy, and to prevent adverse effects on the Union market for bio-based industrial products that might otherwise arise, measures should be taken to ensure that producers of bio-based industrial products have access to secure supplies of agricultural raw materials at globally competitive prices. Where agricultural raw materials are imported into the Union free of import tariffs for use in the production of bio-based industrial products, measures should be taken to ensure that the raw materials are used for the declared purpose. |

Text proposed by the Commission

Amendment

(103a)

In order to facilitate the development and growth of the bio-based economy, and to prevent adverse effects on the Union market for bio-based industrial products that might otherwise arise, measures should be taken to ensure that producers of bio-based industrial products have access to secure supplies of agricultural raw materials at globally competitive prices. Where agricultural raw materials are imported into the Union free of import tariffs for use in the production of bio-based industrial products, measures should be taken to ensure that the raw materials are used for the declared purpose.

Amendment 74

Proposal for a regulation

Recital 105

| Text proposed by the Commission | Amendment |
| --- | --- |
| (105) | The customs duty system makes it possible to dispense with all other protective measures at the external borders of the Union. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Union market without defence against disturbances that might ensue, the Union should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Union. |

Text proposed by the Commission

Amendment

(105)

The customs duty system makes it possible to dispense with all other protective measures at the external borders of the Union. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Union market without defence against disturbances that might ensue, the Union should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Union.

| (105) | The customs duty system makes it possible to dispense with all other protective measures at the external borders of the Union. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Union market without defence against disturbances that might ensue, the Union should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Union
  and with its development cooperation policy
  . |
| --- | --- |

(105)

The customs duty system makes it possible to dispense with all other protective measures at the external borders of the Union. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Union market without defence against disturbances that might ensue, the Union should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Union
  and with its development cooperation policy
  .

Amendment 75

Proposal for a regulation

Recital 107

| Text proposed by the Commission | Amendment |
| --- | --- |
| (107) | Provisions for granting
  refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should
  serve to safeguard the Union's participation in international trade in
  certain products falling within this Regulation.
  Subsidised exports
  should be subject to limits in terms of value and quantity. |

Text proposed by the Commission

Amendment

(107)

Provisions for granting
  refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should
  serve to safeguard the Union's participation in international trade in
  certain products falling within this Regulation.
  Subsidised exports
  should be subject to limits in terms of value and quantity.

| (107) | Refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should
  be retained as a crisis management instrument for
  certain products falling within
  the scope of
  this Regulation
  , until the future of this instrument has been decided within the framework of the WTO, on the basis of reciprocity
  .
  The budget heading for export refunds should, therefore, provisionally be set at zero. When used, export refunds
  should be subject to limits in terms of value and quantity
  and should not jeopardise the development of agricultural sectors and economies in developing countries
  . |
| --- | --- |

(107)

Refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should
  be retained as a crisis management instrument for
  certain products falling within
  the scope of
  this Regulation
  , until the future of this instrument has been decided within the framework of the WTO, on the basis of reciprocity
  .
  The budget heading for export refunds should, therefore, provisionally be set at zero. When used, export refunds
  should be subject to limits in terms of value and quantity
  and should not jeopardise the development of agricultural sectors and economies in developing countries
  .

Amendment 76

Proposal for a regulation

Recital 120

| Text proposed by the Commission | Amendment |
| --- | --- |
| (120) | In accordance with Article 42 of the Treaty the provisions of the Treaty concerning competition shall apply to production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2)
  and (3)
  of the Treaty and in accordance with the procedure laid down therein. |

Text proposed by the Commission

Amendment

(120)

In accordance with Article 42 of the Treaty the provisions of the Treaty concerning competition shall apply to production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2)
  and (3)
  of the Treaty and in accordance with the procedure laid down therein.

| (120) | In accordance with Article 42 of the Treaty, the provisions of the Treaty concerning competition shall apply to production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2) of the Treaty and in accordance with the procedure laid down therein. |
| --- | --- |

(120)

In accordance with Article 42 of the Treaty, the provisions of the Treaty concerning competition shall apply to production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2) of the Treaty and in accordance with the procedure laid down therein.

Amendment 77

Proposal for a regulation

Recital 121 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (121a) | More account should be taken of the specific characteristics of the agricultural sector in implementing Union competition rules, in particular to ensure that the tasks conferred on producer organisations, associations of producer organisations and interbranch organisations can be carried out correctly and effectively. |

Text proposed by the Commission

Amendment

(121a)

More account should be taken of the specific characteristics of the agricultural sector in implementing Union competition rules, in particular to ensure that the tasks conferred on producer organisations, associations of producer organisations and interbranch organisations can be carried out correctly and effectively.

Amendment 78

Proposal for a regulation

Recital 121 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (121b) | In order to ensure uniform application of the provisions relating to competition law in this Regulation, thereby contributing to the smooth functioning of the internal market, the Commission should coordinate actions by the various national competition authorities . To this end the Commission should publish guidelines and good practice guides to assist the various national competition authorities, as well as undertakings of the agricultural and agri-food sector. |

Text proposed by the Commission

Amendment

(121b)

In order to ensure uniform application of the provisions relating to competition law in this Regulation, thereby contributing to the smooth functioning of the internal market, the Commission should coordinate actions by the various national competition authorities . To this end the Commission should publish guidelines and good practice guides to assist the various national competition authorities, as well as undertakings of the agricultural and agri-food sector.

Amendment 79

Proposal for a regulation

Recital 122

| Text proposed by the Commission | Amendment |
| --- | --- |
| (122) | A special approach should be allowed in the case of
  farmers’ or
  producer organisations or their associations the objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition
  or jeopardises the attainment of the objectives of Article 39 of the Treaty
  . |

Text proposed by the Commission

Amendment

(122)

A special approach should be allowed in the case of
  farmers’ or
  producer organisations or their associations the objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition
  or jeopardises the attainment of the objectives of Article 39 of the Treaty
  .

| (122) | A special approach should be allowed in the case of producer organisations or their associations, the objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition.
  It is particularly important that the agreements, decisions and concerted practices of these organisations should be considered to be necessary for achieving the CAP objectives set out in Article 39 of the Treaty, and that Article 101(1) of the Treaty should not apply to such agreements unless there is exclusion of competition. In this case, the procedures laid down in Article 2 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty



   (4)



  should apply, and, in all proceedings brought for exclusion of competition, the burden of proof should lie with the party or authority alleging the infringement. |
| --- | --- |

(122)

A special approach should be allowed in the case of producer organisations or their associations, the objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition.
  It is particularly important that the agreements, decisions and concerted practices of these organisations should be considered to be necessary for achieving the CAP objectives set out in Article 39 of the Treaty, and that Article 101(1) of the Treaty should not apply to such agreements unless there is exclusion of competition. In this case, the procedures laid down in Article 2 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty



   (4)



  should apply, and, in all proceedings brought for exclusion of competition, the burden of proof should lie with the party or authority alleging the infringement.

Amendment 80

Proposal for a regulation

Recital 124

| Text proposed by the Commission | Amendment |
| --- | --- |
| (124) | The proper working of the
  single
  market would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to agricultural products. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should be in a position to draw up a list of existing, new or proposed national aid, to make appropriate observations to the Member States and to propose suitable measures. |

Text proposed by the Commission

Amendment

(124)

The proper working of the
  single
  market would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to agricultural products. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should be in a position to draw up a list of existing, new or proposed national aid, to make appropriate observations to the Member States and to propose suitable measures.

| (124) | The proper functioning of the
  internal
  market would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to agricultural products. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should be in a position to draw up a list of existing, new or proposed national aid, to make appropriate observations to the Member States and to propose suitable measures. |
| --- | --- |

(124)

The proper functioning of the
  internal
  market would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to agricultural products. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should be in a position to draw up a list of existing, new or proposed national aid, to make appropriate observations to the Member States and to propose suitable measures.

Amendment 81

Proposal for a regulation

Recital 129

| Text proposed by the Commission | Amendment |
| --- | --- |
| (129) | Member States should be allowed to continue to make national payments for nuts as
  currently
  provided for under Article 120 of Regulation (EC) No 73/2009 in order to cushion the effects of decoupling of the former Union aid scheme for nuts. For clarity, since that Regulation is to be repealed, the national payments should be provided for in this Regulation. |

Text proposed by the Commission

Amendment

(129)

Member States should be allowed to continue to make national payments for nuts as
  currently
  provided for under Article 120 of Regulation (EC) No 73/2009 in order to cushion the effects of decoupling of the former Union aid scheme for nuts. For clarity, since that Regulation is to be repealed, the national payments should be provided for in this Regulation.

| (129) | Member States should be allowed to continue to make national payments for nuts as provided for under Article 120 of Regulation (EC) No 73/2009 in order to cushion the effects of decoupling of the former Union aid scheme for nuts. For clarity, since that Regulation is to be repealed, the national payments should be provided for in this Regulation. |
| --- | --- |

(129)

Member States should be allowed to continue to make national payments for nuts as provided for under Article 120 of Regulation (EC) No 73/2009 in order to cushion the effects of decoupling of the former Union aid scheme for nuts. For clarity, since that Regulation is to be repealed, the national payments should be provided for in this Regulation.

Amendment 82

Proposal for a regulation

Recital 131 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (131a) | Data collected by the Farm Accountancy Data Network should be taken into consideration when formulating studies and research with the aim of preventing crises in the various agricultural sectors, given that they reflect the performance of farms. These data should serve as a useful tool for crisis prevention and management. |

Text proposed by the Commission

Amendment

(131a)

Data collected by the Farm Accountancy Data Network should be taken into consideration when formulating studies and research with the aim of preventing crises in the various agricultural sectors, given that they reflect the performance of farms. These data should serve as a useful tool for crisis prevention and management.

Amendment 83

Proposal for a regulation

Recital 133

| Text proposed by the Commission | Amendment |
| --- | --- |
| (133) | In order to react efficiently and effectively against
  threats of
  market disturbance caused by significant price rises or falls on internal or external markets or any other factors affecting the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures for the sector concerned including, where necessary, measure to extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities and/or periods. |

Text proposed by the Commission

Amendment

(133)

In order to react efficiently and effectively against
  threats of
  market disturbance caused by significant price rises or falls on internal or external markets or any other factors affecting the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures for the sector concerned including, where necessary, measure to extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities and/or periods.

| (133) | In order to react efficiently and effectively against market disturbance caused by significant price rises or falls on internal or external markets
  or a substantial rise in production costs
  or any other factors affecting the market,
  where that situation is likely to continue or deteriorate,
  the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures for the sector concerned including, where necessary, measure to extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities and/or periods. |
| --- | --- |

(133)

In order to react efficiently and effectively against market disturbance caused by significant price rises or falls on internal or external markets
  or a substantial rise in production costs
  or any other factors affecting the market,
  where that situation is likely to continue or deteriorate,
  the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures for the sector concerned including, where necessary, measure to extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities and/or periods.

Amendment 84

Proposal for a regulation

Recital 135

| Text proposed by the Commission | Amendment |
| --- | --- |
| (135) | Undertakings, Member States and/or third countries may be required to submit communications for the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, and implementing international agreements, including notification requirements under those agreements. In order to ensure a harmonised, streamlined and simplified approach, the Commission should be empowered to adopt
  all
  the necessary measures regarding communications. In so doing it should take into account the data needs and synergies between potential data sources. |

Text proposed by the Commission

Amendment

(135)

Undertakings, Member States and/or third countries may be required to submit communications for the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, and implementing international agreements, including notification requirements under those agreements. In order to ensure a harmonised, streamlined and simplified approach, the Commission should be empowered to adopt
  all
  the necessary measures regarding communications. In so doing it should take into account the data needs and synergies between potential data sources.

| (135) | Undertakings, Member States and/or third countries may be required to submit communications for the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, and implementing international agreements, including notification requirements under those agreements. In order to ensure a harmonised, streamlined and simplified approach, the Commission should to be empowered to adopt
  certain acts in accordance with Article 290 of the Treaty in respect of
  the necessary measures regarding communications. In so doing it should take into account the data needs and synergies between potential data sources
  and ensure compliance with the principle ‘that personal data are not to be further processed in a way that is incompatible with the original purpose of their collection’, as the European Data Protection Supervisor pointed out in his opinion of 14 December 2011

   (5). |
| --- | --- |

(135)

Undertakings, Member States and/or third countries may be required to submit communications for the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, and implementing international agreements, including notification requirements under those agreements. In order to ensure a harmonised, streamlined and simplified approach, the Commission should to be empowered to adopt
  certain acts in accordance with Article 290 of the Treaty in respect of
  the necessary measures regarding communications. In so doing it should take into account the data needs and synergies between potential data sources
  and ensure compliance with the principle ‘that personal data are not to be further processed in a way that is incompatible with the original purpose of their collection’, as the European Data Protection Supervisor pointed out in his opinion of 14 December 2011

   (5).

Amendment 85

Proposal for a regulation

Recital 137

| Text proposed by the Commission | Amendment |
| --- | --- |
| (137) | Union legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and 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 are applicable. |

Text proposed by the Commission

Amendment

(137)

Union legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and 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 are applicable.

| (137) | Union legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6) and 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 (7) are applicable. |
| --- | --- |

(137)

Union legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6) and 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 (7) are applicable.

Amendment 86

Proposal for a regulation

Recital 139

| Text proposed by the Commission | Amendment |
| --- | --- |
| (139) | In order to ensure the smooth transition from the arrangements provided for in Regulation
  (EU)
  No
  [COM(2010)799]
  to those laid down in this Regulation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures, in particular those necessary to protect the acquired rights and legitimate expectations of undertakings. |

Text proposed by the Commission

Amendment

(139)

In order to ensure the smooth transition from the arrangements provided for in Regulation
  (EU)
  No
  [COM(2010)799]
  to those laid down in this Regulation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures, in particular those necessary to protect the acquired rights and legitimate expectations of undertakings.

| (139) | In order to ensure the smooth transition from the arrangements provided for in Regulation
  (EC)
  No
  1234/2007
  to those laid down in this Regulation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures, in particular those necessary to protect the acquired rights and legitimate expectations of undertakings. |
| --- | --- |

(139)

In order to ensure the smooth transition from the arrangements provided for in Regulation
  (EC)
  No
  1234/2007
  to those laid down in this Regulation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures, in particular those necessary to protect the acquired rights and legitimate expectations of undertakings.

Amendment 87

Proposal for a regulation

Recital 140

| Text proposed by the Commission | Amendment |
| --- | --- |
| (140) | The
  use of
  urgency procedure should be
  reserved for exceptional cases where this proves to be necessary
  in order to react efficiently and effectively against
  threats of market disturbance or where
  market disturbances
  are occurring
  .
  The choice of an urgency procedure should be justified and the cases in which the urgency procedure should be used should be specified. |

Text proposed by the Commission

Amendment

(140)

The
  use of
  urgency procedure should be
  reserved for exceptional cases where this proves to be necessary
  in order to react efficiently and effectively against
  threats of market disturbance or where
  market disturbances
  are occurring
  .
  The choice of an urgency procedure should be justified and the cases in which the urgency procedure should be used should be specified.

| (140) | The urgency procedure should be
  used
  in order to react efficiently and effectively against
  certain
  market disturbances
  and against pests, animal and plant diseases, loss of consumer confidence due to public, animal or plant health risks, or in order to resolve specific problems
  . |
| --- | --- |

(140)

The urgency procedure should be
  used
  in order to react efficiently and effectively against
  certain
  market disturbances
  and against pests, animal and plant diseases, loss of consumer confidence due to public, animal or plant health risks, or in order to resolve specific problems
  .

Amendment 88

Proposal for a regulation

Recital 143

| Text proposed by the Commission | Amendment |
| --- | --- |
| (143) | The Commission should adopt immediately applicable implementing acts where, in duly justified cases imperative grounds of urgency so require, relating to adopting, amending or revoking Union safeguard measures, suspending the use of processing or inward or outward processing arrangements, if necessary to react immediately to the market situation
  , and resolving specific problems in an emergency, if such immediate action is needed to deal with the problems. |

Text proposed by the Commission

Amendment

(143)

The Commission should adopt immediately applicable implementing acts where, in duly justified cases imperative grounds of urgency so require, relating to adopting, amending or revoking Union safeguard measures, suspending the use of processing or inward or outward processing arrangements, if necessary to react immediately to the market situation
  , and resolving specific problems in an emergency, if such immediate action is needed to deal with the problems.

| (143) | The Commission should adopt immediately applicable implementing acts where, in duly justified cases imperative grounds of urgency so require, relating to adopting, amending or revoking Union safeguard measures, suspending the use of processing or inward or outward processing arrangements, if necessary to react immediately to the market situation. |
| --- | --- |

(143)

The Commission should adopt immediately applicable implementing acts where, in duly justified cases imperative grounds of urgency so require, relating to adopting, amending or revoking Union safeguard measures, suspending the use of processing or inward or outward processing arrangements, if necessary to react immediately to the market situation.

Amendment 89

Proposal for a regulation

Recital 143 a

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (143a) | Safeguard measures should be adopted, particularly where agricultural products imported from third countries do not guarantee food security or food traceability and do not comply with all the health, environmental and animal welfare conditions laid down for the internal market, where crises arise for markets or where shortcomings are identified with regard to the conditions stated in import certificates concerning prices, quantities or the calendar. This monitoring of compliance with the conditions laid down for imports of agricultural products should be performed by means of an integrated system for monitoring imports into the Union in real time. |

Text proposed by the Commission

Amendment

(143a)

Safeguard measures should be adopted, particularly where agricultural products imported from third countries do not guarantee food security or food traceability and do not comply with all the health, environmental and animal welfare conditions laid down for the internal market, where crises arise for markets or where shortcomings are identified with regard to the conditions stated in import certificates concerning prices, quantities or the calendar. This monitoring of compliance with the conditions laid down for imports of agricultural products should be performed by means of an integrated system for monitoring imports into the Union in real time.

Amendment 90

Proposal for a regulation

Recital 146

| Text proposed by the Commission | Amendment |
| --- | --- |
| (146) | Pursuant to Regulation (EU) No [COM(2010)799] several sectoral measures, including on milk quotas, sugar quotas and other sugar measures and the restrictions on the planting of vines, as well as certain state aids, will expire within a reasonable period following the entry in force of this Regulation. After the repeal of Regulation (EU) No [COM(2010)799], the relevant provisions should continue to apply until the end of the schemes concerned. |

Text proposed by the Commission

Amendment

(146)

Pursuant to Regulation (EU) No [COM(2010)799] several sectoral measures, including on milk quotas, sugar quotas and other sugar measures and the restrictions on the planting of vines, as well as certain state aids, will expire within a reasonable period following the entry in force of this Regulation. After the repeal of Regulation (EU) No [COM(2010)799], the relevant provisions should continue to apply until the end of the schemes concerned.

deleted

Amendment 91

Proposal for a regulation

Recital 147

| Text proposed by the Commission | Amendment |
| --- | --- |
| (147) | In order to ensure a smooth transition from the arrangements provided for in Regulation (EU) No [COM(2010)799] to the provisions of this Regulation, the Commission should be empowered to adopt transitional measures. |

Text proposed by the Commission

Amendment

(147)

In order to ensure a smooth transition from the arrangements provided for in Regulation (EU) No [COM(2010)799] to the provisions of this Regulation, the Commission should be empowered to adopt transitional measures.

deleted

Amendment 92

Proposal for a regulation

Recital 149

| Text proposed by the Commission | Amendment |
| --- | --- |
| (149) | As regards contractual relations in the milk and milk products sectors, the measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far-reaching nature, they should nevertheless be temporary in nature, and be subject to review. The Commission should adopt reports on the development of the milk market, covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018 respectively, |

Text proposed by the Commission

Amendment

(149)

As regards contractual relations in the milk and milk products sectors, the measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far-reaching nature, they should nevertheless be temporary in nature, and be subject to review. The Commission should adopt reports on the development of the milk market, covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018 respectively,

| (149) | As regards contractual relations in the milk and milk products sectors, the measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far-reaching nature, they should nevertheless be temporary in nature, and be subject to review
  for the purpose of assessing their operation and establishing whether they should continue to apply
  . The Commission should adopt reports on the development of the milk market, covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018 respectively, |
| --- | --- |

(149)

As regards contractual relations in the milk and milk products sectors, the measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far-reaching nature, they should nevertheless be temporary in nature, and be subject to review
  for the purpose of assessing their operation and establishing whether they should continue to apply
  . The Commission should adopt reports on the development of the milk market, covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018 respectively,

Amendment 93

Proposal for a regulation

Recital 150 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (150a) | International market trends, the world’s growing population and the strategic approach required to supply reasonably priced food to people in the Union will have a huge impact on the environment within which European agriculture is developing. The Commission should, therefore, present a report to the European Parliament and to the Council, no later than four years after the entry into force of this Regulation, on market trends and on the future of agricultural market management tools. The report should assess the suitability of existing market management tools in the new international context and, if necessary, examine the possibility of establishing strategic stocks. The report should be accompanied by any suitable proposals on establishing a long-term strategy for the Union with a view to attaining the objectives laid down in Article 39 of the Treaty. |

Text proposed by the Commission

Amendment

(150a)

International market trends, the world’s growing population and the strategic approach required to supply reasonably priced food to people in the Union will have a huge impact on the environment within which European agriculture is developing. The Commission should, therefore, present a report to the European Parliament and to the Council, no later than four years after the entry into force of this Regulation, on market trends and on the future of agricultural market management tools. The report should assess the suitability of existing market management tools in the new international context and, if necessary, examine the possibility of establishing strategic stocks. The report should be accompanied by any suitable proposals on establishing a long-term strategy for the Union with a view to attaining the objectives laid down in Article 39 of the Treaty.

Amendment 94

Proposal for a regulation

Article 1 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in Annex I: | 2.   Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in Annex I
  to this Regulation
  : |

Text proposed by the Commission

Amendment

2.   Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in Annex I:

2.   Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in Annex I
  to this Regulation
  :

Amendment 95

Proposal for a regulation

Article 1 — paragraph 2 — point j

| Text proposed by the Commission | Amendment |
| --- | --- |
| (j) | processed fruit and
  vegetables
  , Part X of Annex I; |

Text proposed by the Commission

Amendment

(j)

processed fruit and
  vegetables
  , Part X of Annex I;

| (j) | processed fruit and
  vegetable products
  , Part X of Annex I; |
| --- | --- |

(j)

processed fruit and
  vegetable products
  , Part X of Annex I;

Amendment 96

Proposal for a regulation

Article 1 — paragraph 2 — point m

| Text proposed by the Commission | Amendment |
| --- | --- |
| (m) | live plants, Part XIII of Annex I; |

Text proposed by the Commission

Amendment

(m)

live plants, Part XIII of Annex I;

| (m) | live
  trees and other
  plants,
  bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII of Annex I; |
| --- | --- |

(m)

live
  trees and other
  plants,
  bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII of Annex I;

Amendment 97

Proposal for a regulation

Article 1 — paragraph 2 — point u

| Text proposed by the Commission | Amendment |
| --- | --- |
| (u) | ethyl alcohol, Part XXI of Annex I; |

Text proposed by the Commission

Amendment

(u)

ethyl alcohol, Part XXI of Annex I;

| (u) | ethyl alcohol
  of agricultural origin
  , Part XXI of Annex I; |
| --- | --- |

(u)

ethyl alcohol
  of agricultural origin
  , Part XXI of Annex I;

Amendment 98

Proposal for a regulation

Article 1 — paragraph 2 — point v

| Text proposed by the Commission | Amendment |
| --- | --- |
| (v) | apiculture, Part XXII of Annex I; |

Text proposed by the Commission

Amendment

(v)

apiculture, Part XXII of Annex I;

| (v) | apiculture
  products
  , Part XXII of Annex I; |
| --- | --- |

(v)

apiculture
  products
  , Part XXII of Annex I;

Amendment 99

Proposal for a regulation

Article 3 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.
     
  Taking into account the specificities of the rice sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to update the definitions concerning the rice sector set out in Part I of Annex II. | deleted |

Text proposed by the Commission

Amendment

3.
     
  Taking into account the specificities of the rice sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to update the definitions concerning the rice sector set out in Part I of Annex II.

deleted

Amendment 100

Proposal for a regulation

Article 3 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  For the purposes of this Regulation, ‘adverse climatic events’ shall mean weather conditions which can be assimilated to a natural disaster, such as frost, hail, ice, rain or drought, which destroy or reduce production by more than 30 % compared to the average annual production of a given farmer. The average annual production shall be calculated on the basis of the preceding three-year period or on the basis of a three-year average based on the preceding five-year period, excluding the highest and lowest entry. |

Text proposed by the Commission

Amendment

4a.
     
  For the purposes of this Regulation, ‘adverse climatic events’ shall mean weather conditions which can be assimilated to a natural disaster, such as frost, hail, ice, rain or drought, which destroy or reduce production by more than 30 % compared to the average annual production of a given farmer. The average annual production shall be calculated on the basis of the preceding three-year period or on the basis of a three-year average based on the preceding five-year period, excluding the highest and lowest entry.

Amendment 101

Proposal for a regulation

Article 3 — point 4 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4b.
     
  For the purposes of this Regulation, ‘advanced systems of sustainable production’, ‘advanced methods of sustainable production’ and ‘advanced measures for sustainable production’ shall mean agricultural practices which go beyond the cross-compliance requirements provided for in Title VI of Regulation (EU) No [...] (horizontal regulation on the CAP) and are continuously evolving to improve the management of natural nutrients, the water cycle and energy flows so as to reduce damage to the environment and wastage of non-renewable resources and to maintain crops, livestock and natural diversity at a high level in production systems. |

Text proposed by the Commission

Amendment

4b.
     
  For the purposes of this Regulation, ‘advanced systems of sustainable production’, ‘advanced methods of sustainable production’ and ‘advanced measures for sustainable production’ shall mean agricultural practices which go beyond the cross-compliance requirements provided for in Title VI of Regulation (EU) No [...] (horizontal regulation on the CAP) and are continuously evolving to improve the management of natural nutrients, the water cycle and energy flows so as to reduce damage to the environment and wastage of non-renewable resources and to maintain crops, livestock and natural diversity at a high level in production systems.

Amendment 102

Proposal for a regulation

Article 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission
  may, by means of implementing
  acts, when necessary due to amendments to the combined nomenclature, adjust the description of products and references to the headings or subheadings of the combined nomenclature in this Regulation
  or other acts adopted under Article 43 of the Treaty
  .
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). | The Commission
  shall be empowered to adopt delegated
  acts
  in accordance with Article 160
  , when necessary due to amendments to the combined nomenclature,
  in order to
  adjust the description of products and references to the headings or subheadings of the combined nomenclature in this Regulation. |

Text proposed by the Commission

Amendment

The Commission
  may, by means of implementing
  acts, when necessary due to amendments to the combined nomenclature, adjust the description of products and references to the headings or subheadings of the combined nomenclature in this Regulation
  or other acts adopted under Article 43 of the Treaty
  .
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

The Commission
  shall be empowered to adopt delegated
  acts
  in accordance with Article 160
  , when necessary due to amendments to the combined nomenclature,
  in order to
  adjust the description of products and references to the headings or subheadings of the combined nomenclature in this Regulation.

Amendment 103

Proposal for a regulation

Article 6 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | 1 January to 31 December of a given year for the banana
  sector
  ; |

Text proposed by the Commission

Amendment

(a)

1 January to 31 December of a given year for the banana
  sector
  ;

| (a) | 1 January to 31 December of a given year for the
  fruit and vegetables, processed fruit and vegetables and
  banana
  sectors
  ; |
| --- | --- |

(a)

1 January to 31 December of a given year for the
  fruit and vegetables, processed fruit and vegetables and
  banana
  sectors
  ;

Amendment 104

Proposal for a regulation

Article 6 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Taking into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix the marketing years for those products. | deleted |

Text proposed by the Commission

Amendment

Taking into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix the marketing years for those products.

deleted

Amendment 105

Proposal for a regulation

Article 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 7 | Article 7 |
| Reference prices | Reference prices |
| The following reference prices are fixed: | 1.
     
  For the purposes of the application of Part II, Title I, Chapter I and Part V, Chapter I,
  the following reference prices are fixed: |
| (a) | as regards the cereals sector, EUR 101,31/tonne, related to the wholesale stage for goods delivered to the warehouse, before unloading; |

Text proposed by the Commission

Amendment

Article 7

Article 7

Reference prices

Reference prices

The following reference prices are fixed:

1.
     
  For the purposes of the application of Part II, Title I, Chapter I and Part V, Chapter I,
  the following reference prices are fixed:

(a)

as regards the cereals sector, EUR 101,31/tonne, related to the wholesale stage for goods delivered to the warehouse, before unloading;

| (a) | as regards the cereals sector, EUR 101,31/tonne, related to the wholesale stage for goods delivered to the warehouse, before unloading; |
| --- | --- |

(a)

as regards the cereals sector, EUR 101,31/tonne, related to the wholesale stage for goods delivered to the warehouse, before unloading;

| (b) | as regards paddy rice, EUR 150/tonne for the standard quality as defined in point A of Annex III, related to the wholesale stage for goods delivered to the warehouse, before unloading; |
| --- | --- |

(b)

as regards paddy rice, EUR 150/tonne for the standard quality as defined in point A of Annex III, related to the wholesale stage for goods delivered to the warehouse, before unloading;

| (b) | as regards paddy rice, EUR 150/tonne for the standard quality as defined in point A of Annex III, related to the wholesale stage for goods delivered to the warehouse, before unloading; |
| --- | --- |

(b)

as regards paddy rice, EUR 150/tonne for the standard quality as defined in point A of Annex III, related to the wholesale stage for goods delivered to the warehouse, before unloading;

| (c) | as regards sugar of standard quality as defined in point B of Annex III, related to unpacked sugar, ex-factory: |
| --- | --- |

(c)

as regards sugar of standard quality as defined in point B of Annex III, related to unpacked sugar, ex-factory:

| (c) | as regards sugar of standard quality as defined in point B of Annex III, related to unpacked sugar, ex-factory: |
| --- | --- |

(c)

as regards sugar of standard quality as defined in point B of Annex III, related to unpacked sugar, ex-factory:

| | (i) | for white sugar: EUR 404,4/tonne; |
| --- | --- | --- |

(i)

for white sugar: EUR 404,4/tonne;

| | (i) | for white sugar: EUR 404,4/tonne; |
| --- | --- | --- |

(i)

for white sugar: EUR 404,4/tonne;

| | (ii) | for raw sugar: EUR 335,2/tonne. |
| --- | --- | --- |

(ii)

for raw sugar: EUR 335,2/tonne.

| | (ii) | for raw sugar: EUR 335,2/tonne. |
| --- | --- | --- |

(ii)

for raw sugar: EUR 335,2/tonne.

| (d) | as regards the beef and veal sector, EUR 2 224/tonne for carcasses of male bovine animals of grade R3 as laid down in the Union scale for the classification of carcasses of adult bovine animals pursuant to Article 
  18(8)
  ; |
| --- | --- |

(d)

as regards the beef and veal sector, EUR 2 224/tonne for carcasses of male bovine animals of grade R3 as laid down in the Union scale for the classification of carcasses of adult bovine animals pursuant to Article 
  18(8)
  ;

| (d) | as regards the beef and veal sector, EUR 2 224/tonne for carcasses of male bovine animals of grade R3 as laid down in the Union scale for the classification of carcasses of adult bovine animals pursuant to Article 
  9a
  ; |
| --- | --- |

(d)

as regards the beef and veal sector, EUR 2 224/tonne for carcasses of male bovine animals of grade R3 as laid down in the Union scale for the classification of carcasses of adult bovine animals pursuant to Article 
  9a
  ;

| (e) | as regards the milk and milk products sector: |
| --- | --- |

(e)

as regards the milk and milk products sector:

| (e) | as regards the milk and milk products sector: |
| --- | --- |

(e)

as regards the milk and milk products sector:

| | (i) | EUR 246,39 per 100 kg for butter; |
| --- | --- | --- |

(i)

EUR 246,39 per 100 kg for butter;

| | (i) | EUR 246,39 per 100 kg for butter; |
| --- | --- | --- |

(i)

EUR 246,39 per 100 kg for butter;

| | (ii) | EUR 169,80 per 100 kg for skimmed milk powder; |
| --- | --- | --- |

(ii)

EUR 169,80 per 100 kg for skimmed milk powder;

| | (ii) | EUR 169,80 per 100 kg for skimmed milk powder; |
| --- | --- | --- |

(ii)

EUR 169,80 per 100 kg for skimmed milk powder;

| (f) | as regards pigmeat, EUR 1 509,39/tonne for pig carcasses of a standard quality defined in terms of weight and lean meat content as laid down in the Union scale for the classification of pig carcasses pursuant to Article 
  18(8)
  as follows: |
| --- | --- |

(f)

as regards pigmeat, EUR 1 509,39/tonne for pig carcasses of a standard quality defined in terms of weight and lean meat content as laid down in the Union scale for the classification of pig carcasses pursuant to Article 
  18(8)
  as follows:

| (f) | as regards pigmeat, EUR 1 509,39/tonne for pig carcasses of a standard quality defined in terms of weight and lean meat content as laid down in the Union scale for the classification of pig carcasses pursuant to Article 
  9a
  as follows: |
| --- | --- |

(f)

as regards pigmeat, EUR 1 509,39/tonne for pig carcasses of a standard quality defined in terms of weight and lean meat content as laid down in the Union scale for the classification of pig carcasses pursuant to Article 
  9a
  as follows:

| | (i) | carcasses weighing from 60 to less than 120 kg: grade E; |
| --- | --- | --- |

(i)

carcasses weighing from 60 to less than 120 kg: grade E;

| | (i) | carcasses weighing from 60 to less than 120 kg: grade E; |
| --- | --- | --- |

(i)

carcasses weighing from 60 to less than 120 kg: grade E;

| | (ii) | carcasses weighing from 120 to 180 kg: grade R. |
| --- | --- | --- |

(ii)

carcasses weighing from 120 to 180 kg: grade R.

| | (ii) | carcasses weighing from 120 to 180 kg: grade R. |
| --- | --- | --- |

(ii)

carcasses weighing from 120 to 180 kg: grade R.

| (fa) | as regards the olive oil sector: |
| --- | --- |

(fa)

as regards the olive oil sector:

| | (i) | EUR 2 388/tonne for extra virgin olive oil; |
| --- | --- | --- |

(i)

EUR 2 388/tonne for extra virgin olive oil;

| | (ii) | EUR 2 295/tonne for virgin olive oil; |
| --- | --- | --- |

(ii)

EUR 2 295/tonne for virgin olive oil;

| | (iii) | EUR 1 524/tonne for lampante olive oil with 2 degrees of free acidity, this amount being reduced by EUR 36.70/tonne for each additional degree of acidity. |
| --- | --- | --- |

(iii)

EUR 1 524/tonne for lampante olive oil with 2 degrees of free acidity, this amount being reduced by EUR 36.70/tonne for each additional degree of acidity.

1a.
     
  The reference prices shall be reviewed, at regular intervals, on the basis of objective criteria, notably the developments in production, production costs, particularly the costs of inputs, and market trends. When necessary, the reference prices shall be updated in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty.

The intervals for review may differ among the product categories and shall take into account the volatility pattern of each product category.

Amendment 106

Proposal for a regulation

Article 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| Origin of eligible products | Origin of eligible products |
| Products eligible for buying-in under public intervention or for the granting of aid for private storage shall originate in the Union. In addition, if they come from crops, those crops shall have been harvested in the Union and if they
  come from milk, that milk shall have been produced
  in the Union. | Products eligible for buying-in under public intervention or for the granting of aid for private storage shall originate in the Union. In addition, if they come from crops, those crops shall have been harvested in the Union and if they
  are animal products, the entire production process shall have been carried out
  in the Union. |

Text proposed by the Commission

Amendment

Origin of eligible products

Origin of eligible products

Products eligible for buying-in under public intervention or for the granting of aid for private storage shall originate in the Union. In addition, if they come from crops, those crops shall have been harvested in the Union and if they
  come from milk, that milk shall have been produced
  in the Union.

Products eligible for buying-in under public intervention or for the granting of aid for private storage shall originate in the Union. In addition, if they come from crops, those crops shall have been harvested in the Union and if they
  are animal products, the entire production process shall have been carried out
  in the Union.

Amendment 107

Proposal for a regulation

Article 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 9a |
| | Union scales and inspections |
| | 1.
     
  Union scales for the classification of carcasses shall apply in accordance with the rules laid down in Annex IIIa in the following sectors: |
| | (a) | beef and veal as regards carcasses of adult bovine animals; |

Text proposed by the Commission

Amendment

Article 9a

Union scales and inspections

1.
     
  Union scales for the classification of carcasses shall apply in accordance with the rules laid down in Annex IIIa in the following sectors:

(a)

beef and veal as regards carcasses of adult bovine animals;

| (b) | pigmeat as regards carcasses of pigs other than those which have been used for breeding. |
| --- | --- |

(b)

pigmeat as regards carcasses of pigs other than those which have been used for breeding.

In the sheepmeat and goatmeat sector Member States may apply a Union scale for the classification of carcasses as regards sheep carcasses in accordance with the rules laid down in point C of Annex IIIa.

2.
     
  On-the-spot inspections in relation to the classification of carcasses of adult bovine animals and sheep shall be carried out on behalf of the Union by a Union inspection committee composed of experts from the Commission and experts appointed by the Member States. That Committee shall report back to the Commission and the Member States on the inspections carried out.

The Union shall bear the costs resulting from the inspections carried out.

Amendment 108

Proposal for a regulation

Article 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 10 | Article 10 |
| Products eligible for public intervention | Products eligible for public intervention |
| Public intervention shall apply in respect of the following products
  subject to
  the conditions laid down in this Section and requirements and conditions
  to
  be determined by the Commission, by means of delegated and/or implementing acts, pursuant to Articles 18 and 19: | Public intervention shall apply in respect of the following products
  in accordance with
  the conditions laid down in this Section and
  any additional
  requirements and conditions
  that may
  be determined by the Commission, by means of delegated and/or implementing acts, pursuant to Articles 18 and 19: |
| (a) | common wheat, barley and maize; |

Text proposed by the Commission

Amendment

Article 10

Article 10

Products eligible for public intervention

Products eligible for public intervention

Public intervention shall apply in respect of the following products
  subject to
  the conditions laid down in this Section and requirements and conditions
  to
  be determined by the Commission, by means of delegated and/or implementing acts, pursuant to Articles 18 and 19:

Public intervention shall apply in respect of the following products
  in accordance with
  the conditions laid down in this Section and
  any additional
  requirements and conditions
  that may
  be determined by the Commission, by means of delegated and/or implementing acts, pursuant to Articles 18 and 19:

(a)

common wheat, barley and maize;

| (a) | common wheat,
  durum wheat, sorghum,
  barley and maize; |
| --- | --- |

(a)

common wheat,
  durum wheat, sorghum,
  barley and maize;

| (b) | paddy rice; |
| --- | --- |

(b)

paddy rice;

| (b) | paddy rice; |
| --- | --- |

(b)

paddy rice;

| (c) | fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50; |
| --- | --- |

(c)

fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50;

| (c) | fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50; |
| --- | --- |

(c)

fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50;

| (d) | butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and a maximum water content, by weight, of 16 %; |
| --- | --- |

(d)

butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and a maximum water content, by weight, of 16 %;

| (d) | butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and a maximum water content, by weight, of 16 %; |
| --- | --- |

(d)

butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and a maximum water content, by weight, of 16 %;

| (e) | skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein-content of 34,0 % by weight of the fat free dry matter. |
| --- | --- |

(e)

skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein-content of 34,0 % by weight of the fat free dry matter.

| (e) | skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein-content of 34,0 % by weight of the fat free dry matter. |
| --- | --- |

(e)

skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein-content of 34,0 % by weight of the fat free dry matter.

Amendment 110

Proposal for a regulation

Article 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 11 | Article 11 |
| Public intervention
  period | Public intervention
  periods |
| Public intervention shall be available for: | Public intervention shall be available for
  the products listed in Article 10 throughout the year. |
| (a) | common wheat, barley and maize, from 1 November to 31 May; |

Text proposed by the Commission

Amendment

Article 11

Article 11

Public intervention
  period

Public intervention
  periods

Public intervention shall be available for:

Public intervention shall be available for
  the products listed in Article 10 throughout the year.

(a)

common wheat, barley and maize, from 1 November to 31 May;

| (b) | paddy rice, from 1 April to 31 July; |
| --- | --- |

(b)

paddy rice, from 1 April to 31 July;

| (c) | beef and veal, throughout the marketing year; |
| --- | --- |

(c)

beef and veal, throughout the marketing year;

| (d) | butter and skimmed milk powder, from 1 March to 31 August; |
| --- | --- |

(d)

butter and skimmed milk powder, from 1 March to 31 August;

Amendment 111

Proposal for a regulation

Article 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 12 | Article 12 |
| Opening and closing of public intervention | Opening and closing of public intervention |
| 1.   
  During the periods referred to in Article 11,
  public intervention: | 1.   Public intervention: |
| (a) | shall be open for common wheat, butter and skimmed milk powder; |

Text proposed by the Commission

Amendment

Article 12

Article 12

Opening and closing of public intervention

Opening and closing of public intervention

1.   
  During the periods referred to in Article 11,
  public intervention:

1.   Public intervention:

(a)

shall be open for common wheat, butter and skimmed milk powder;

| (a) | shall be open for common wheat, butter and skimmed milk powder; |
| --- | --- |

(a)

shall be open for common wheat, butter and skimmed milk powder;

| (b) | may
  be opened by the Commission, by means of implementing acts, for barley, maize,
  and
  paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2); |
| --- | --- |

(b)

may
  be opened by the Commission, by means of implementing acts, for barley, maize,
  and
  paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2);

| (b) | shall
  be opened by the Commission, by means of implementing acts, for
  durum wheat, sorghum, barley, maize,
  paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2); |
| --- | --- |

(b)

shall
  be opened by the Commission, by means of implementing acts, for
  durum wheat, sorghum, barley, maize,
  paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2);

| (c) | may
  be opened for the beef and veal sector by the Commission, by means of other implementing acts, if the average market price over a representative period
  adopted
  pursuant to Article 19(a) in a Member State or in a region of a Member State recorded on the basis of the Union scale for the classification of carcasses as adopted pursuant to Article
  18(8)
  is below
  EUR 1 560/tonne
  . |
| --- | --- |

(c)

may
  be opened for the beef and veal sector by the Commission, by means of other implementing acts, if the average market price over a representative period
  adopted
  pursuant to Article 19(a) in a Member State or in a region of a Member State recorded on the basis of the Union scale for the classification of carcasses as adopted pursuant to Article
  18(8)
  is below
  EUR 1 560/tonne
  .

| (c) | shall
  be opened for the beef and veal sector by the Commission, by means of other implementing acts
  adopted without the application of Article 162(2) or (3)
  , if the average market price over a representative period
  determined
  pursuant to Article 19(a) in a Member State or in a region of a Member State recorded on the basis of the Union scale for the classification of carcasses as adopted pursuant to Article
  9a
  is below
  90 % of the reference price laid down in Article 7(1)(d)
  . |
| --- | --- |

(c)

shall
  be opened for the beef and veal sector by the Commission, by means of other implementing acts
  adopted without the application of Article 162(2) or (3)
  , if the average market price over a representative period
  determined
  pursuant to Article 19(a) in a Member State or in a region of a Member State recorded on the basis of the Union scale for the classification of carcasses as adopted pursuant to Article
  9a
  is below
  90 % of the reference price laid down in Article 7(1)(d)
  .

2.   The Commission
  may
  , by means of implementing acts, close public intervention for the beef and veal sector, where, over a representative period adopted pursuant to Article 19(a), the conditions provided for in point (c) of paragraph 1 are no longer fulfilled.

2.   The Commission
  shall
  , by means of implementing acts
  adopted without the application of Article 162(2) or (3)
  , close public intervention for the beef and veal sector, where, over a representative period adopted pursuant to Article 19(a), the conditions provided for in point (c) of paragraph 1 are no longer fulfilled.

Amendment 112

Proposal for a regulation

Article 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 13 | Article 13 |
| Buying-in at a fixed price or tendering | Buying-in at a fixed price or tendering |
| 1.   Where public intervention is open pursuant to point (a) of Article 12(1), buying-in shall be carried out at
  a
  fixed price within the following limits for each period referred to in Article 11: | 1.   Where public intervention is open pursuant to point (a) of Article 12(1), buying-in shall be carried out at
  the
  fixed price
  set in Article 14(2),
  within the following limits for each period referred to in Article 11: |
| (a) | for common wheat, 3 million tonnes; |

Text proposed by the Commission

Amendment

Article 13

Article 13

Buying-in at a fixed price or tendering

Buying-in at a fixed price or tendering

1.   Where public intervention is open pursuant to point (a) of Article 12(1), buying-in shall be carried out at
  a
  fixed price within the following limits for each period referred to in Article 11:

1.   Where public intervention is open pursuant to point (a) of Article 12(1), buying-in shall be carried out at
  the
  fixed price
  set in Article 14(2),
  within the following limits for each period referred to in Article 11:

(a)

for common wheat, 3 million tonnes;

| (a) | for common wheat, 3 million tonnes; |
| --- | --- |

(a)

for common wheat, 3 million tonnes;

| (b) | for butter,
  30 000
  tonnes; |
| --- | --- |

(b)

for butter,
  30 000
  tonnes;

| (b) | for butter,
  70 000
  tonnes; |
| --- | --- |

(b)

for butter,
  70 000
  tonnes;

| (c) | for skimmed milk powder, 109 000 tonnes. |
| --- | --- |

(c)

for skimmed milk powder, 109 000 tonnes.

| (c) | for skimmed milk powder, 109 000 tonnes. |
| --- | --- |

(c)

for skimmed milk powder, 109 000 tonnes.

2.   Where public intervention is open pursuant to Article 12(1), buying-in shall be carried out by way of a tendering procedure to determine the maximum buying-in price:

2.   Where public intervention is open pursuant to Article 12(1), buying-in shall be carried out by way of a tendering procedure to determine the maximum buying-in price:

| (a) | for common wheat, butter and skimmed milk powder beyond the limits referred to in paragraph 1, |
| --- | --- |

(a)

for common wheat, butter and skimmed milk powder beyond the limits referred to in paragraph 1,

| (a) | for common wheat, butter and skimmed milk powder beyond the limits referred to in paragraph 1, |
| --- | --- |

(a)

for common wheat, butter and skimmed milk powder beyond the limits referred to in paragraph 1,

| (b) | for barley, maize, paddy rice and beef and veal. |
| --- | --- |

(b)

for barley, maize, paddy rice and beef and veal.

| (b) | for
  durum wheat, sorghum,
  barley, maize, paddy rice and beef and veal. |
| --- | --- |

(b)

for
  durum wheat, sorghum,
  barley, maize, paddy rice and beef and veal.

In special and duly justified circumstances, the Commission may, by means of implementing acts, restrict tendering procedures to a Member State or region of a Member State, or, subject to Article 14(2), determine the buying-in prices for public intervention per Member State or region of a Member State on the basis of recorded average market prices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

In special and duly justified circumstances, the Commission may, by means of implementing acts, restrict tendering procedures to a Member State or region of a Member State, or, subject to Article 14(2), determine the buying-in prices for public intervention per Member State or region of a Member State on the basis of recorded average market prices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 113

Proposal for a regulation

Article 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 14 | Article 14 |
| Public intervention prices | Public intervention prices |
| 1.   Public intervention price shall mean: | 1.   Public intervention price shall mean: |
| (a) | the price at which products shall be bought-in under public intervention where this is done at a fixed price, or |

Text proposed by the Commission

Amendment

Article 14

Article 14

Public intervention prices

Public intervention prices

1.   Public intervention price shall mean:

1.   Public intervention price shall mean:

(a)

the price at which products shall be bought-in under public intervention where this is done at a fixed price, or

| (a) | the price at which products shall be bought-in under public intervention where this is done at a fixed price, or |
| --- | --- |

(a)

the price at which products shall be bought-in under public intervention where this is done at a fixed price, or

| (b) | the maximum price at which products eligible for public intervention may be bought-in where this is done by tendering. |
| --- | --- |

(b)

the maximum price at which products eligible for public intervention may be bought-in where this is done by tendering.

| (b) | the maximum price at which products eligible for public intervention may be bought-in where this is done by tendering. |
| --- | --- |

(b)

the maximum price at which products eligible for public intervention may be bought-in where this is done by tendering.

2.   The level of the public intervention price:

2.   The level of the public intervention price:

| (a) | for common wheat, barley, maize, paddy rice and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering; |
| --- | --- |

(a)

for common wheat, barley, maize, paddy rice and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering;

| (a) | for common wheat,
  durum wheat, sorghum,
  barley, maize, paddy rice and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering; |
| --- | --- |

(a)

for common wheat,
  durum wheat, sorghum,
  barley, maize, paddy rice and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering;

| (b) | for butter shall be equal to 90 % of the reference price fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed 90 % of the reference price in the case of buying-in by tendering; |
| --- | --- |

(b)

for butter shall be equal to 90 % of the reference price fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed 90 % of the reference price in the case of buying-in by tendering;

| (b) | for butter shall be equal to 90 % of the reference price fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed 90 % of the reference price in the case of buying-in by tendering; |
| --- | --- |

(b)

for butter shall be equal to 90 % of the reference price fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed 90 % of the reference price in the case of buying-in by tendering;

| (c) | for beef and veal, shall not exceed the price
  referred to
  in point (c) of
  Article 12(1). |
| --- | --- |

(c)

for beef and veal, shall not exceed the price
  referred to
  in point (c) of
  Article 12(1).

| (c) | for beef and veal, shall not exceed
  90 % of the reference
  price
  stated
  in point
  (d) of Article 7(1)
  . |
| --- | --- |

(c)

for beef and veal, shall not exceed
  90 % of the reference
  price
  stated
  in point
  (d) of Article 7(1)
  .

3.   The public intervention prices referred to in paragraphs 1 and 2 shall be without prejudice to price increases or reductions for quality reasons for common wheat, barley, maize and paddy rice.
  Moreover, taking into account the need to ensure that production is orientated towards certain varieties of paddy rice, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix increases and reductions of the public intervention price.

3.   The public intervention prices referred to in paragraphs 1 and 2 shall be without prejudice to price increases or reductions for quality reasons for common wheat,
  durum wheat, sorghum,
  barley, maize and paddy rice.

Amendment 114

Proposal for a regulation

Article 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 15 | Article 15 |
| General principles on disposal from public intervention | General principles on disposal from public intervention |
| Disposal of products bought in under public intervention shall take place in such a way as to: | 1.
     Disposal of products bought in under public intervention shall take place in such a way as to: |
| (a) | avoid any disturbance of the market, |

Text proposed by the Commission

Amendment

Article 15

Article 15

General principles on disposal from public intervention

General principles on disposal from public intervention

Disposal of products bought in under public intervention shall take place in such a way as to:

1.
     Disposal of products bought in under public intervention shall take place in such a way as to:

(a)

avoid any disturbance of the market,

| (a) | avoid any disturbance of the market, |
| --- | --- |

(a)

avoid any disturbance of the market,

| (b) | ensure equal access to goods and equal treatment of purchasers and |
| --- | --- |

(b)

ensure equal access to goods and equal treatment of purchasers and

| (b) | ensure equal access to goods and equal treatment of purchasers and |
| --- | --- |

(b)

ensure equal access to goods and equal treatment of purchasers and

| (c) | be in compliance with the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty. |
| --- | --- |

(c)

be in compliance with the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty.

| (c) | be in compliance with the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty. |
| --- | --- |

(c)

be in compliance with the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty.

Products may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No [...]
  if that scheme so provides.
  In that case, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2).

2.
     Products may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No [...] In that case, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2).

2a.
     
  Each year the Commission shall publish details of the conditions under which the public intervention stocks were sold the previous year.

Amendment 115

Proposal for a regulation

Article 16 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Aid for private storage may be granted in respect of the following products
  subject to
  the conditions set out in this Section and
  to
  requirements and conditions to be adopted by the Commission, by means of delegated and/or implementing acts, pursuant to Article 17 to 19: | Aid for private storage may be granted in respect of the following products
  in accordance with
  the conditions set out in this Section and
  any further
  requirements and conditions to be adopted by the Commission, by means of delegated and/or implementing acts, pursuant to Articles 17 to 19: |

Text proposed by the Commission

Amendment

Aid for private storage may be granted in respect of the following products
  subject to
  the conditions set out in this Section and
  to
  requirements and conditions to be adopted by the Commission, by means of delegated and/or implementing acts, pursuant to Article 17 to 19:

Aid for private storage may be granted in respect of the following products
  in accordance with
  the conditions set out in this Section and
  any further
  requirements and conditions to be adopted by the Commission, by means of delegated and/or implementing acts, pursuant to Articles 17 to 19:

Amendment 116

Proposal for a regulation

Article 16 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | olive oil; |

Text proposed by the Commission

Amendment

(b)

olive oil;

| (b) | olive oil
  and table olives
  ; |
| --- | --- |

(b)

olive oil
  and table olives
  ;

Amendment 117

Proposal for a regulation

Article 16 — point e a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | cheeses. |

Text proposed by the Commission

Amendment

(ea)

cheeses.

Amendment 118

Proposal for a regulation

Article 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 17 | Article 17 |
| Conditions for granting aid | Conditions for granting aid |
| 1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it may decide to grant private storage aid for the products listed in Article 16, taking into account average recorded Union market prices and the reference prices for the products concerned or the need to respond to a particularly difficult market situation or economic developments in the sector in one or more Member States. | 1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it
  may
  decide to grant private storage aid for the products listed in Article 16, taking into account: |
| | (a) | average recorded Union market prices and the reference prices
  and production costs
  for the products concerned
  and/or |

Text proposed by the Commission

Amendment

Article 17

Article 17

Conditions for granting aid

Conditions for granting aid

1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it may decide to grant private storage aid for the products listed in Article 16, taking into account average recorded Union market prices and the reference prices for the products concerned or the need to respond to a particularly difficult market situation or economic developments in the sector in one or more Member States.

1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it
  may
  decide to grant private storage aid for the products listed in Article 16, taking into account:

(a)

average recorded Union market prices and the reference prices
  and production costs
  for the products concerned
  and/or

| (b) | the need to respond
  in a timely way
  to a particularly difficult market situation or economic developments,
  either or both of which have a significant impact on producers’ profit margins
  in the sector in one or more Member States
  and/or |
| --- | --- |

(b)

the need to respond
  in a timely way
  to a particularly difficult market situation or economic developments,
  either or both of which have a significant impact on producers’ profit margins
  in the sector in one or more Member States
  and/or

| (ba) | the particular nature of certain sectors or the seasonal nature of production in certain Member States. |
| --- | --- |

(ba)

the particular nature of certain sectors or the seasonal nature of production in certain Member States.

2.   The Commission may, by means of implementing acts, decide to grant private storage aid for the products listed in Article 16, taking into account the conditions referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

2.   The Commission may, by means of implementing acts, decide to grant private storage aid for the products listed in Article 16, taking into account the conditions referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

3.   The Commission shall, by means of implementing acts fix the aid for private storage provided for in Article 16 in advance or by means of tendering procedures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

3.   The Commission shall, by means of implementing acts fix the aid for private storage provided for in Article 16 in advance or by means of tendering procedures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

4.   The Commission may, by means of implementing acts, restrict the granting of private storage aid or fix the private storage aid per Member State or region of a Member State on the basis of recorded average market prices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

4.   The Commission may, by means of implementing acts, restrict the granting of private storage aid or fix the private storage aid per Member State or region of a Member State on the basis of recorded average market prices
  and the applicants’ profit margins
  . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 119

Proposal for a regulation

Part II — Title I — chapter I — Section 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | |
| | Article 17a |
| | Coordination of operations involving temporary withdrawal from the market |
| | 1.
     
  For the purpose of preventing major market imbalances or restoring the normal operation of the market in the event of it being seriously disrupted, associations of producer organisations from one of the sectors referred to in Paragraph 2(1) of this Regulation which are considered to be representative within the meaning of Article 110 of this Regulation may set up and operate a system for the coordination of temporary withdrawals from the market on the part of their members. |
| | These provisions shall be applied without prejudice to Part IV of this Regulation and do not fall within the scope of Article 101(1) of the Treaty. |
| | 2.
     
  If an association of producer organisations decides to activate this system, it shall be mandatory for all its members. |
| | 3.
     
  The system shall be financed by: |
| | (a) | the financial contributions paid by member organisations and/or the association of producer organisations itself and, where appropriate, |

Text proposed by the Commission

Amendment

Article 17a

Coordination of operations involving temporary withdrawal from the market

1.
     
  For the purpose of preventing major market imbalances or restoring the normal operation of the market in the event of it being seriously disrupted, associations of producer organisations from one of the sectors referred to in Paragraph 2(1) of this Regulation which are considered to be representative within the meaning of Article 110 of this Regulation may set up and operate a system for the coordination of temporary withdrawals from the market on the part of their members.

These provisions shall be applied without prejudice to Part IV of this Regulation and do not fall within the scope of Article 101(1) of the Treaty.

2.
     
  If an association of producer organisations decides to activate this system, it shall be mandatory for all its members.

3.
     
  The system shall be financed by:

(a)

the financial contributions paid by member organisations and/or the association of producer organisations itself and, where appropriate,

| (b) | the Union aid referred to in Article 8, in accordance with the conditions laid down by the Commission under point (c) of Article 18(9a), which aid may not, in any event, exceed 50 % of the total cost. |
| --- | --- |

(b)

the Union aid referred to in Article 8, in accordance with the conditions laid down by the Commission under point (c) of Article 18(9a), which aid may not, in any event, exceed 50 % of the total cost.

4.
     
  The Commission shall be empowered to adopt delegated acts, in accordance withArticle 160, to ensure that the way in which the system operates is consistent with the objectives of the CAP and does not impede the smooth functioning of the internal market.

Amendment 120

Proposal for a regulation

Part II — Title I — Chapter I — Section 4 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| SECTION 4 | SECTION 4 |
| COMMON PROVISIONS ON PUBLIC INTERVENTION AND AID FOR PRIVATE STORAGE | COMMON PROVISIONS ON PUBLIC INTERVENTION AND AID FOR PRIVATE STORAGE
  AND FOR THE SYSTEM TO COORDINATE TEMPORARY WITHDRAWALS FROM THE MARKET |

Text proposed by the Commission

Amendment

SECTION 4

SECTION 4

COMMON PROVISIONS ON PUBLIC INTERVENTION AND AID FOR PRIVATE STORAGE

COMMON PROVISIONS ON PUBLIC INTERVENTION AND AID FOR PRIVATE STORAGE
  AND FOR THE SYSTEM TO COORDINATE TEMPORARY WITHDRAWALS FROM THE MARKET

Amendment 121

Proposal for a regulation

Article 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 18 | Article 18 |
| Delegated powers | Delegated powers |
| 1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 9 of this Article. | 1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 9 of this Article. |
| 2.   Taking into account the specificities of the different sectors, the Commission may, by means of delegated acts, adopt the requirements and conditions to be met by products bought-in under public intervention and stored under the system of granting an aid for private storage, in addition to the requirements laid down in this Regulation. Those requirements and conditions shall aim at guaranteeing the eligibility and quality of the products bought-in and stored, with respect to quality groups, quality grades, categories, quantities, packaging, labelling, maximum ages, preservation, the stage of the products to which the public intervention price and the aid for private storage applies. | 2.   Taking into account the specificities of the different sectors, the Commission may, by means of delegated acts, adopt the requirements and conditions to be met by products bought-in under public intervention and stored under the system of granting an aid for private storage, in addition to the requirements laid down in this Regulation. Those requirements and conditions shall aim at guaranteeing the eligibility and quality of the products bought-in and stored, with respect to quality groups, quality grades, categories, quantities, packaging, labelling, maximum ages, preservation, the stage of the products to which the public intervention price and the aid for private storage applies. |
| 3.   Taking into account the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts, adopt the price increases or reductions for quality reasons referred to in Article 14(3) as regards both buying-in and sales of common wheat, barley, maize and paddy rice. | 3.   Taking into account the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts, adopt the price increases or reductions for quality reasons referred to in Article 14(3) as regards both buying-in and sales of common wheat,
  durum wheat, sorghum,
  barley, maize and paddy rice. |
| | 3a.
     
  Taking into account the particular seasonal and/or the specific nature of certain farms in some Member States or regions, the Commission shall be empowered to adopt delegated acts, setting different objective conditions and governing factors that justify the triggering of private storage. |
| 4.   Taking into account the specificities of the beef and veal sector, the Commission may, by means of delegated acts, adopt rules concerning the obligation for the paying agencies to have all the beef boned after the take-over and prior to the placing into storage. | 4.   Taking into account the specificities of the beef and veal sector, the Commission may, by means of delegated acts, adopt rules concerning the obligation for the paying agencies to have all the beef boned after the take-over and prior to the placing into storage. |
| 5.   Taking into account the diversity of situations relating to the storage of intervention stocks in the Union and ensuring adequate access to public intervention for operators, the Commission shall, by means of delegated acts, adopt: | 5.   Taking into account the diversity of situations relating to the storage of intervention stocks in the Union and ensuring adequate access to public intervention for operators, the Commission shall, by means of delegated acts, adopt: |
| (a) | the requirements to be met by intervention storage places for the products to be bought-in under the system, rules on minimum storage capacity for the storage places and technical requirements for keeping products taken-over in good condition and for their disposal at the end of the storage period; |

Text proposed by the Commission

Amendment

Article 18

Article 18

Delegated powers

Delegated powers

1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 9 of this Article.

1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 9 of this Article.

2.   Taking into account the specificities of the different sectors, the Commission may, by means of delegated acts, adopt the requirements and conditions to be met by products bought-in under public intervention and stored under the system of granting an aid for private storage, in addition to the requirements laid down in this Regulation. Those requirements and conditions shall aim at guaranteeing the eligibility and quality of the products bought-in and stored, with respect to quality groups, quality grades, categories, quantities, packaging, labelling, maximum ages, preservation, the stage of the products to which the public intervention price and the aid for private storage applies.

2.   Taking into account the specificities of the different sectors, the Commission may, by means of delegated acts, adopt the requirements and conditions to be met by products bought-in under public intervention and stored under the system of granting an aid for private storage, in addition to the requirements laid down in this Regulation. Those requirements and conditions shall aim at guaranteeing the eligibility and quality of the products bought-in and stored, with respect to quality groups, quality grades, categories, quantities, packaging, labelling, maximum ages, preservation, the stage of the products to which the public intervention price and the aid for private storage applies.

3.   Taking into account the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts, adopt the price increases or reductions for quality reasons referred to in Article 14(3) as regards both buying-in and sales of common wheat, barley, maize and paddy rice.

3.   Taking into account the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts, adopt the price increases or reductions for quality reasons referred to in Article 14(3) as regards both buying-in and sales of common wheat,
  durum wheat, sorghum,
  barley, maize and paddy rice.

3a.
     
  Taking into account the particular seasonal and/or the specific nature of certain farms in some Member States or regions, the Commission shall be empowered to adopt delegated acts, setting different objective conditions and governing factors that justify the triggering of private storage.

4.   Taking into account the specificities of the beef and veal sector, the Commission may, by means of delegated acts, adopt rules concerning the obligation for the paying agencies to have all the beef boned after the take-over and prior to the placing into storage.

4.   Taking into account the specificities of the beef and veal sector, the Commission may, by means of delegated acts, adopt rules concerning the obligation for the paying agencies to have all the beef boned after the take-over and prior to the placing into storage.

5.   Taking into account the diversity of situations relating to the storage of intervention stocks in the Union and ensuring adequate access to public intervention for operators, the Commission shall, by means of delegated acts, adopt:

5.   Taking into account the diversity of situations relating to the storage of intervention stocks in the Union and ensuring adequate access to public intervention for operators, the Commission shall, by means of delegated acts, adopt:

(a)

the requirements to be met by intervention storage places for the products to be bought-in under the system, rules on minimum storage capacity for the storage places and technical requirements for keeping products taken-over in good condition and for their disposal at the end of the storage period;

| (a) | the requirements to be met by intervention storage places for the products to be bought-in under the system, rules on minimum storage capacity for the storage places and technical requirements for keeping products taken-over in good condition and for their disposal at the end of the storage period; |
| --- | --- |

(a)

the requirements to be met by intervention storage places for the products to be bought-in under the system, rules on minimum storage capacity for the storage places and technical requirements for keeping products taken-over in good condition and for their disposal at the end of the storage period;

| (b) | rules on sale of small quantities remaining in storage in the Member States, to be carried out under their responsibility, by applying the same procedures as those applied by the Union; and rules for direct sale of quantities which may no longer be repackaged or are deteriorated; |
| --- | --- |

(b)

rules on sale of small quantities remaining in storage in the Member States, to be carried out under their responsibility, by applying the same procedures as those applied by the Union; and rules for direct sale of quantities which may no longer be repackaged or are deteriorated;

| (b) | rules on sale of small quantities remaining in storage in the Member States, to be carried out under their responsibility, by applying the same procedures as those applied by the Union; and rules for direct sale of quantities which may no longer be repackaged or are deteriorated; |
| --- | --- |

(b)

rules on sale of small quantities remaining in storage in the Member States, to be carried out under their responsibility, by applying the same procedures as those applied by the Union; and rules for direct sale of quantities which may no longer be repackaged or are deteriorated;

| (c) | rules on storage of products inside and outside the Member State responsible for them and for treatment of such products as regards customs duties and any other amounts to be granted or levied under the CAP. |
| --- | --- |

(c)

rules on storage of products inside and outside the Member State responsible for them and for treatment of such products as regards customs duties and any other amounts to be granted or levied under the CAP.

| (c) | rules on storage of products inside and outside the Member State responsible for them and for treatment of such products as regards customs duties and any other amounts to be granted or levied under the CAP. |
| --- | --- |

(c)

rules on storage of products inside and outside the Member State responsible for them and for treatment of such products as regards customs duties and any other amounts to be granted or levied under the CAP.

| (ca) | the conditions according to which it may be decided that products covered by private storage contracts may be re-marketed or disposed of; |
| --- | --- |

(ca)

the conditions according to which it may be decided that products covered by private storage contracts may be re-marketed or disposed of;

6.   Taking into account the need to ensure that aid for private storage has the desired effect on the market, the Commission, by means of delegated acts:

6.   Taking into account the need to ensure that aid for private storage has the desired effect on the market, the Commission, by means of delegated acts:

| (a) | shall adopt measures for reducing the amount of aid to be paid where the quantity stored is lower than the contracted quantity; |
| --- | --- |

(a)

shall adopt measures for reducing the amount of aid to be paid where the quantity stored is lower than the contracted quantity;

| (a) | shall adopt measures for reducing the amount of aid to be paid where the quantity stored is lower than the contracted quantity; |
| --- | --- |

(a)

shall adopt measures for reducing the amount of aid to be paid where the quantity stored is lower than the contracted quantity;

| (b) | may lay down conditions for granting of an advance payment. |
| --- | --- |

(b)

may lay down conditions for granting of an advance payment.

| (b) | may lay down conditions for granting of an advance payment. |
| --- | --- |

(b)

may lay down conditions for granting of an advance payment.

7.   Taking into account the rights and obligations of operators participating in public intervention or private storage, the Commission may, by means of delegated acts, adopt rules on:

7.   Taking into account the rights and obligations of operators participating in public intervention or private storage, the Commission may, by means of delegated acts, adopt rules on:

| (a) | the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators; |
| --- | --- |

(a)

the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators;

| (a) | the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators; |
| --- | --- |

(a)

the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators;

| (b) | eligibility of operators; |
| --- | --- |

(b)

eligibility of operators;

| (b) | eligibility of operators; |
| --- | --- |

(b)

eligibility of operators;

| (c) | the obligation to lodge a security guaranteeing the execution of operators' obligations. |
| --- | --- |

(c)

the obligation to lodge a security guaranteeing the execution of operators' obligations.

| (c) | the obligation to lodge a security guaranteeing the execution of operators' obligations. |
| --- | --- |

(c)

the obligation to lodge a security guaranteeing the execution of operators' obligations.

7a.
     
  Taking into account the technical developments and the needs of the sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 adapting and updating the provisions on the classification, identification and presentation of adult bovine carcasses, pig carcasses and sheep carcasses laid down in Annex IIIa.

7b.
     
  Taking into account the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention arrangements in the form of public intervention and private storage in the beef and veal, pig-meat and sheep-meat sectors as applicable, the Commission shall be empowered to adopt delegated acts:

| (a) | laying down provisions on the classification, grading (including by automated grading techniques), presentation, lean-meat content, identification and weighing and marking of carcasses; |
| --- | --- |

(a)

laying down provisions on the classification, grading (including by automated grading techniques), presentation, lean-meat content, identification and weighing and marking of carcasses;

| (b) | laying down rules on the calculation of average Union prices and the obligations on operators to submit information on beef, pig and sheep carcasses, in particular as regards market and representative prices. |
| --- | --- |

(b)

laying down rules on the calculation of average Union prices and the obligations on operators to submit information on beef, pig and sheep carcasses, in particular as regards market and representative prices.

7c.
     
  Taking into account the special characteristics existing within the Union, the Commission shall be empowered to adopt delegated acts laying down derogations from the provisions, in particular:

| (a) | providing for derogations which may be granted by Member States to slaughterhouses in which few bovine animals are slaughtered; |
| --- | --- |

(a)

providing for derogations which may be granted by Member States to slaughterhouses in which few bovine animals are slaughtered;

| (b) | authorising Member States not to make application of the grading scale for pig carcase classification and to use assessment criteria in addition to weight and estimated lean-meat content. |
| --- | --- |

(b)

authorising Member States not to make application of the grading scale for pig carcase classification and to use assessment criteria in addition to weight and estimated lean-meat content.

7d.
     
  Taking into account the need to ensure that the Union inspection committee fulfils its objectives, the Commission shall be empowered to adopt delegated acts laying down the responsibilities and the composition of that committee.

8.
     
  Taking into account the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention arrangements in the form of public intervention and aid for private storage, the Commission may, by means of delegated acts, adopt Union scales for the classification of carcasses in the following sectors:

| (a) | beef and veal; |
| --- | --- |

(a)

beef and veal;

| (b) | pigmeat; |
| --- | --- |

(b)

pigmeat;

| (c) | sheepmeat and goatmeat. |
| --- | --- |

(c)

sheepmeat and goatmeat.

9.
     
  Taking into account the need to ensure the accuracy and reliability of the classification of carcasses, the Commission may, by means of delegated acts, provide for the review of the application of classification of carcasses in Member States by a Union committee composed of experts from the Commission and experts appointed by the Member States. Those provisions may provide for the Union to bear the costs resulting from the review activity.

Amendment 122

Proposal for a regulation

Article 18 — paragraph 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 9a.
     
  Given the need to ensure the proper functioning of the system to coordinate temporary withdrawals from the market, the Commission shall be empowered to adopt delegated acts, laying down the requirements to be met by the system, including in particular: |
| | (a) | the general conditions governing its activation and the way it operates; |

Text proposed by the Commission

Amendment

9a.
     
  Given the need to ensure the proper functioning of the system to coordinate temporary withdrawals from the market, the Commission shall be empowered to adopt delegated acts, laying down the requirements to be met by the system, including in particular:

(a)

the general conditions governing its activation and the way it operates;

| (b) | the obligations which associations of producer organisations must fulfil to enable the system to be implemented; |
| --- | --- |

(b)

the obligations which associations of producer organisations must fulfil to enable the system to be implemented;

| (c) | the rules governing its funding, and in particular the conditions subject to which the Commission is to decide that Community funding in the form of aid for private storage may or may not be granted to associations of producer organisations; |
| --- | --- |

(c)

the rules governing its funding, and in particular the conditions subject to which the Commission is to decide that Community funding in the form of aid for private storage may or may not be granted to associations of producer organisations;

| (d) | rules to ensure that there is no possibility of an excessive percentage of products normally available being immobilised by the activation of the system. |
| --- | --- |

(d)

rules to ensure that there is no possibility of an excessive percentage of products normally available being immobilised by the activation of the system.

Amendment 123

Proposal for a regulation

Article 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 19 | Article 19 |
| Implementing powers in accordance with the examination procedure | Implementing powers in accordance with the examination procedure |
| The Commission shall, by means of implementing acts, adopt necessary measures aiming at reaching a uniform application of this Chapter throughout the Union. Those rules may, in particular, concern the following: | The Commission shall, by means of implementing acts, adopt necessary measures aiming at reaching a uniform application of this Chapter throughout the Union. Those rules may, in particular, concern the following: |
| (a) | the representative periods, markets
  and
  market prices necessary for the application of this Chapter; |

Text proposed by the Commission

Amendment

Article 19

Article 19

Implementing powers in accordance with the examination procedure

Implementing powers in accordance with the examination procedure

The Commission shall, by means of implementing acts, adopt necessary measures aiming at reaching a uniform application of this Chapter throughout the Union. Those rules may, in particular, concern the following:

The Commission shall, by means of implementing acts, adopt necessary measures aiming at reaching a uniform application of this Chapter throughout the Union. Those rules may, in particular, concern the following:

(a)

the representative periods, markets
  and
  market prices necessary for the application of this Chapter;

| (a) | the representative periods, markets, market prices
  and profit margin trends
  necessary for the application of this Chapter; |
| --- | --- |

(a)

the representative periods, markets, market prices
  and profit margin trends
  necessary for the application of this Chapter;

| (b) | the procedures and conditions for the delivery of the products to be bought-in under public intervention, the transport costs to be borne by the offerer, the taking over of the products by paying agencies and the payment; |
| --- | --- |

(b)

the procedures and conditions for the delivery of the products to be bought-in under public intervention, the transport costs to be borne by the offerer, the taking over of the products by paying agencies and the payment;

| (b) | the procedures and conditions for the delivery of the products to be bought-in under public intervention, the transport costs to be borne by the offerer, the taking over of the products by paying agencies and the payment; |
| --- | --- |

(b)

the procedures and conditions for the delivery of the products to be bought-in under public intervention, the transport costs to be borne by the offerer, the taking over of the products by paying agencies and the payment;

| (c) | the different operations connected with the boning process for the beef and veal sector; |
| --- | --- |

(c)

the different operations connected with the boning process for the beef and veal sector;

| (c) | the different operations connected with the boning process for the beef and veal sector; |
| --- | --- |

(c)

the different operations connected with the boning process for the beef and veal sector;

| (d) | any authorisation of storage outside the territory of the Member State where the products have been bought-in and stored; |
| --- | --- |

(d)

any authorisation of storage outside the territory of the Member State where the products have been bought-in and stored;

| (d) | any authorisation of storage outside the territory of the Member State where the products have been bought-in and stored; |
| --- | --- |

(d)

any authorisation of storage outside the territory of the Member State where the products have been bought-in and stored;

| (e) | the conditions for the sale or disposal of products bought-in under public intervention, in particular, regarding selling prices, the conditions for removal from storage, the subsequent use or destination of products released, including procedures relating to products made available for use in the scheme for food distribution to the most deprived in the Union, including transfers between Member States; |
| --- | --- |

(e)

the conditions for the sale or disposal of products bought-in under public intervention, in particular, regarding selling prices, the conditions for removal from storage, the subsequent use or destination of products released, including procedures relating to products made available for use in the scheme for food distribution to the most deprived in the Union, including transfers between Member States;

| (e) | the conditions for the sale or disposal of products bought-in under public intervention, in particular, regarding selling prices, the conditions for removal from storage, the subsequent use or destination of products released, including procedures relating to products made available for use in the scheme for food distribution to the most deprived in the Union, including transfers between Member States; |
| --- | --- |

(e)

the conditions for the sale or disposal of products bought-in under public intervention, in particular, regarding selling prices, the conditions for removal from storage, the subsequent use or destination of products released, including procedures relating to products made available for use in the scheme for food distribution to the most deprived in the Union, including transfers between Member States;

| (f) | the conclusion and the content of contracts between the competent authority of the Member State and the applicants; |
| --- | --- |

(f)

the conclusion and the content of contracts between the competent authority of the Member State and the applicants;

| (f) | the conclusion and the content of contracts between the competent authority of the Member State and the applicants; |
| --- | --- |

(f)

the conclusion and the content of contracts between the competent authority of the Member State and the applicants;

| (g) | the placing and keeping in private storage and removal from storage; |
| --- | --- |

(g)

the placing and keeping in private storage and removal from storage;

| (g) | the placing and keeping in private storage and removal from storage; |
| --- | --- |

(g)

the placing and keeping in private storage and removal from storage;

| (h) | the duration of the private storage period and the conditions according to which such periods, once specified in the contracts, may be curtailed or extended; |
| --- | --- |

(h)

the duration of the private storage period and the conditions according to which such periods, once specified in the contracts, may be curtailed or extended;

| (h) | the duration of the private storage period and the conditions according to which such periods, once specified in the contracts, may be curtailed or extended; |
| --- | --- |

(h)

the duration of the private storage period and the conditions according to which such periods, once specified in the contracts, may be curtailed or extended;

| (i) | the conditions according to which it may be decided that products covered by private storage contracts may be re-marketed or disposed of; |
| --- | --- |

(i)

the conditions according to which it may be decided that products covered by private storage contracts may be re-marketed or disposed of;

| (j) | the rules relating to the procedures to be followed for buying-in at a fixed price or for granting the aid for private storage at a fixed price; |
| --- | --- |

(j)

the rules relating to the procedures to be followed for buying-in at a fixed price or for granting the aid for private storage at a fixed price;

| (j) | the rules relating to the procedures to be followed for buying-in at a fixed price or for granting the aid for private storage at a fixed price; |
| --- | --- |

(j)

the rules relating to the procedures to be followed for buying-in at a fixed price or for granting the aid for private storage at a fixed price;

| (k) | the use of tendering procedures, both for public intervention and for private storage, in particular concerning: |
| --- | --- |

(k)

the use of tendering procedures, both for public intervention and for private storage, in particular concerning:

| (k) | the use of tendering procedures, both for public intervention and for private storage, in particular concerning: |
| --- | --- |

(k)

the use of tendering procedures, both for public intervention and for private storage, in particular concerning:

| | (i) | the submission of offers or tenders, and the minimum quantity for an application or submission and |
| --- | --- | --- |

(i)

the submission of offers or tenders, and the minimum quantity for an application or submission and

| | (i) | the submission of offers or tenders, and the minimum quantity for an application or submission and |
| --- | --- | --- |

(i)

the submission of offers or tenders, and the minimum quantity for an application or submission and

| | (ii) | selection of offers ensuring that preference is given to those which are most favourable to the Union whilst permitting that the award of a contract shall not necessarily ensue. |
| --- | --- | --- |

(ii)

selection of offers ensuring that preference is given to those which are most favourable to the Union whilst permitting that the award of a contract shall not necessarily ensue.

| | (ii) | selection of offers ensuring that preference is given to those which are most favourable to the Union whilst permitting that the award of a contract shall not necessarily ensue. |
| --- | --- | --- |

(ii)

selection of offers ensuring that preference is given to those which are most favourable to the Union whilst permitting that the award of a contract shall not necessarily ensue.

| (ka) | the practical rules for the marking of classified carcasses; |
| --- | --- |

(ka)

the practical rules for the marking of classified carcasses;

| (kb) | the implementation of Union scales for the classification of beef, pig and sheep carcasses in particular as regards: |
| --- | --- |

(kb)

the implementation of Union scales for the classification of beef, pig and sheep carcasses in particular as regards:

| | (i) | the communication of classification results, |
| --- | --- | --- |

(i)

the communication of classification results,

| (ii) | checks, inspection reports and follow-up actions; |
| --- | --- |

(ii)

checks, inspection reports and follow-up actions;

| (kc) | on-the-spot inspections in relation to the classification and price reporting of carcasses of adult bovine animals and sheep on behalf of the Union by Union inspection committee; |
| --- | --- |

(kc)

on-the-spot inspections in relation to the classification and price reporting of carcasses of adult bovine animals and sheep on behalf of the Union by Union inspection committee;

| (kd) | the practical rules for the calculation, by the Commission, of the weighted average Union price for beef, pig and sheep carcasses; |
| --- | --- |

(kd)

the practical rules for the calculation, by the Commission, of the weighted average Union price for beef, pig and sheep carcasses;

| (ke) | the procedures to determine qualified classifiers of carcasses of adult bovines and sheep by Member States. |
| --- | --- |

(ke)

the procedures to determine qualified classifiers of carcasses of adult bovines and sheep by Member States.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 124

Proposal for a regulation

Part II — Title I — Chapter II — Section 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Section 1 | Section 1 |
| SCHEMES TO IMPROVE ACCESS TO FOOD | SCHEMES TO IMPROVE ACCESS TO FOOD
  AND IMPROVE CHILDREN'S EATING HABITS |
| | Article 20 a |
| | Target group |
| | Aid schemes intended to improve access to food and to improve children’s eating habits are aimed at children who regularly attend primary or secondary-level educational establishments and nurseries, pre-school or other establishments offering extracurricular activities which are administered or recognised by the competent authorities of Member States. |

Text proposed by the Commission

Amendment

Section 1

Section 1

SCHEMES TO IMPROVE ACCESS TO FOOD

SCHEMES TO IMPROVE ACCESS TO FOOD
  AND IMPROVE CHILDREN'S EATING HABITS

Article 20 a

Target group

Aid schemes intended to improve access to food and to improve children’s eating habits are aimed at children who regularly attend primary or secondary-level educational establishments and nurseries, pre-school or other establishments offering extracurricular activities which are administered or recognised by the competent authorities of Member States.

Amendment 125

Proposal for a regulation

Part 2 — title 1 — chapter 2 — section 1 — subsection 1 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| SUBSECTION 1 | SUBSECTION 1 |
| SCHOOL FRUIT | SCHOOL FRUIT
  AND VEGETABLES SCHEME |

Text proposed by the Commission

Amendment

SUBSECTION 1

SUBSECTION 1

SCHOOL FRUIT

SCHOOL FRUIT
  AND VEGETABLES SCHEME

Amendment 126

Proposal for a regulation

Article 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 21 | Article 21 |
| Aid for the supply of fruit and
  vegetable
  , processed fruit and
  vegetable
  and banana products to children | Aid for the supply of fruit and
  vegetables
  , processed fruit and
  vegetables
  and banana products to children |
| 1.   Under conditions to be determined by the Commission by means of delegated and implementing acts pursuant to Articles 22 and 23, Union aid shall be granted for: | 1.   Under conditions to be determined by the Commission by means of delegated and implementing acts pursuant to Articles 22 and 23, Union aid shall be granted for: |
| (a) | the supply to children in
  educational
  establishments,
  including nurseries, other pre-school establishments, primary and secondary schools,
  of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and |

Text proposed by the Commission

Amendment

Article 21

Article 21

Aid for the supply of fruit and
  vegetable
  , processed fruit and
  vegetable
  and banana products to children

Aid for the supply of fruit and
  vegetables
  , processed fruit and
  vegetables
  and banana products to children

1.   Under conditions to be determined by the Commission by means of delegated and implementing acts pursuant to Articles 22 and 23, Union aid shall be granted for:

1.   Under conditions to be determined by the Commission by means of delegated and implementing acts pursuant to Articles 22 and 23, Union aid shall be granted for:

(a)

the supply to children in
  educational
  establishments,
  including nurseries, other pre-school establishments, primary and secondary schools,
  of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and

| (a) | the supply to children in
  the
  establishments
  referred to in Article 20a
  of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and |
| --- | --- |

(a)

the supply to children in
  the
  establishments
  referred to in Article 20a
  of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and

| (b) | certain related costs linked to logistics and distribution, equipment, publicity, monitoring, evaluation and accompanying measures. |
| --- | --- |

(b)

certain related costs linked to logistics and distribution, equipment, publicity, monitoring, evaluation and accompanying measures.

| (b) | certain related costs linked to logistics and distribution, equipment, publicity, monitoring, evaluation and accompanying measures. |
| --- | --- |

(b)

certain related costs linked to logistics and distribution, equipment, publicity, monitoring, evaluation and accompanying measures.

2.   Member States wishing to participate in the scheme shall draw up, at national or regional level, a prior strategy for
  the
  implementation
  of the scheme
  . They shall also provide for the accompanying measures necessary to make the scheme effective.

2.   Member States wishing to participate in the scheme shall draw up, at national or regional level, a prior strategy for
  its
  implementation. They shall also provide for the accompanying measures
  , which may include information on measures for education about healthy eating habits, about local food chains and about combating food wastage that are
  necessary to make the scheme effective.

3.   When drawing up their strategies, Member States shall draw up a list of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors that will be eligible under their respective schemes. This list, however, shall not include products excluded by the measures adopted by the Commission by means of delegated acts pursuant to point (a) of Article 22(2). Member States shall choose their products on the basis of objective criteria which may include seasonality, availability of produce
  or environmental concerns
  . In this connection, Member States
  may
  give preference to products originating in the Union.

3.   When drawing up their strategies, Member States shall draw up a list of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors that will be eligible under their respective schemes. This list, however, shall not include products excluded by the measures adopted by the Commission by means of delegated acts pursuant to point (a) of Article 22(2). Member States shall choose their products on the basis of objective criteria which may include
  the health and environmental benefits,
  seasonality,
  variety, or
  availability of produce
  , giving priority to local food chains
  . In this connection, Member States
  shall
  give preference to products originating in the Union.

4.   The Union aid referred to in paragraph 1 shall neither:

4.   The Union aid referred to in paragraph 1 shall neither:

| (a) | exceed EUR 150 million per school year; nor |
| --- | --- |

(a)

exceed EUR 150 million per school year; nor

| (a) | exceed EUR 150 million per school year; nor |
| --- | --- |

(a)

exceed EUR 150 million per school year; nor

| (b) | exceed 75 % of the costs of supply and related costs referred to in paragraph 1, or 90 % of such costs in less developed regions
  and
  in the outermost regions referred to in Article 349 of the Treaty; nor |
| --- | --- |

(b)

exceed 75 % of the costs of supply and related costs referred to in paragraph 1, or 90 % of such costs in less developed regions
  and
  in the outermost regions referred to in Article 349 of the Treaty; nor

| (b) | exceed 75 % of the costs of supply and related costs referred to in paragraph 1, or 90 % of such costs in less developed regions in the outermost regions referred to in Article 349 of the Treaty
  and in the small Aegean islands, as defined in Article 1(2), of Regulation (EC) No 1405/2006
  ; nor |
| --- | --- |

(b)

exceed 75 % of the costs of supply and related costs referred to in paragraph 1, or 90 % of such costs in less developed regions in the outermost regions referred to in Article 349 of the Treaty
  and in the small Aegean islands, as defined in Article 1(2), of Regulation (EC) No 1405/2006
  ; nor

| (c) | cover costs other than the costs of supply and related costs referred to in paragraph 1. |
| --- | --- |

(c)

cover costs other than the costs of supply and related costs referred to in paragraph 1.

| (c) | cover costs other than the costs of supply and related costs referred to in paragraph 1. |
| --- | --- |

(c)

cover costs other than the costs of supply and related costs referred to in paragraph 1.

4a.
     
  The Union aid provided for in paragraph 1 shall be allocated to each Member State on the basis of objective criteria based on the proportion of six to ten year old children enrolled with the educational establishments defined in Article 20a. However, Member States participating in the scheme shall each receive at least EUR 175 000 of Union aid. They shall request Union aid every year on the basis of their strategy. Following the requests of the Member States, the Commission shall decide on definitive allocations, within the appropriations available in the budget.

5.   Union aid provided for in paragraph 1 shall not be used to replace funding for any existing national school fruit schemes or other school distribution schemes that include fruit. However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted provided that the limits of point (b) of paragraph 4 are abided by as regards the proportion of Union aid to the total national contribution. In this case, the Member State shall indicate in its implementation strategy how it intends to extend its scheme or make it more effective.

5.   Union aid provided for in paragraph 1 shall not be used to replace funding for any existing national school fruit
  and vegetables
  schemes or other school distribution schemes that include fruit
  and vegetables
  . However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted provided that the limits of point (b) of paragraph 4 are abided by as regards the proportion of Union aid to the total national contribution. In this case, the Member State shall indicate in its implementation strategy how it intends to extend its scheme or make it more effective.

6.   Member States may, in addition to Union aid, grant national aid in accordance with Article 152.

6.   Member States may, in addition to Union aid, grant national aid in accordance with Article 152.

7.   The Union School Fruit Scheme shall be without prejudice to any separate national school fruit schemes which are compatible with Union law.

7.   The Union School Fruit
  and Vegetables
  Scheme shall be without prejudice to any separate national school fruit
  and vegetables
  schemes which are compatible with Union law.

8.   The Union may also finance, under Article 6 of Regulation (EU) No [...] on the financing, management and monitoring of the common agricultural policy, information, monitoring and evaluation measures relating to the School Fruit Scheme, including raising public awareness of it, and related networking measures.

8.   The Union may also finance, under Article 6 of Regulation (EU) No [...] on the financing, management and monitoring of the common agricultural policy, information, monitoring and evaluation measures relating to the School Fruit
  and Vegetables
  Scheme, including raising public awareness of it, and related networking measures.

8a.
     
  Member States participating in the scheme shall publicise, at the places where the food is distributed, their involvement in the aid scheme and the fact that it is subsidised by the Union.

Amendment 127

Proposal for a regulation

Article 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 22 | Article 22 |
| Delegated powers | Delegated powers |
| 1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article. | 1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article. |
| 2.   Taking into account the need to
  promote the healthy eating habits of children
  , the Commission may, by means of delegated acts, adopt rules on: | 2.   Taking into account the need to
  ensure the effectiveness of the scheme in achievingthe objectives which are set for it
  , the Commission may, by means of delegated acts, adopt rules on: |
| (a) | the products that are ineligible for the scheme, taking into account nutritional aspects; |

Text proposed by the Commission

Amendment

Article 22

Article 22

Delegated powers

Delegated powers

1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article.

1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article.

2.   Taking into account the need to
  promote the healthy eating habits of children
  , the Commission may, by means of delegated acts, adopt rules on:

2.   Taking into account the need to
  ensure the effectiveness of the scheme in achievingthe objectives which are set for it
  , the Commission may, by means of delegated acts, adopt rules on:

(a)

the products that are ineligible for the scheme, taking into account nutritional aspects;

| (a) | the products that are ineligible for the scheme, taking into account nutritional aspects; |
| --- | --- |

(a)

the products that are ineligible for the scheme, taking into account nutritional aspects;

| (b) | the target group of the scheme; |
| --- | --- |

(b)

the target group of the scheme;

| (b) | the target group of the scheme; |
| --- | --- |

(b)

the target group of the scheme;

| (c) | the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; |
| --- | --- |

(c)

the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures;

| (c) | the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; |
| --- | --- |

(c)

the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures;

| (d) | the approval and selection of aid applicants. |
| --- | --- |

(d)

the approval and selection of aid applicants.

| (d) | the approval and selection of aid applicants. |
| --- | --- |

(d)

the approval and selection of aid applicants.

3.   Taking into account the need to ensure the efficient and targeted use of European Funds, the Commission may by means of delegated acts, adopt rules on:

3.   Taking into account the need to ensure the efficient and targeted use of European Funds, the Commission may by means of delegated acts, adopt rules on:

| (a) | objective
  criteria for
  the allocation of aid between Member States
  , the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on applications received; |
| --- | --- |

(a)

objective
  criteria for
  the allocation of aid between Member States
  , the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on applications received;

| (a) | additional
  criteria for the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on
  aid
  applications received; |
| --- | --- |

(a)

additional
  criteria for the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on
  aid
  applications received;

| (b) | the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs; |
| --- | --- |

(b)

the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs;

| (b) | the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs; |
| --- | --- |

(b)

the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs;

| (c) | monitoring and evaluation. |
| --- | --- |

(c)

monitoring and evaluation.

| (c) | monitoring and evaluation. |
| --- | --- |

(c)

monitoring and evaluation.

4.   Taking into account the need to promote awareness of the scheme the Commission may, by means of delegated acts,
  require participating
  Member States
  to
  publicise
  the subsidising role of the scheme
  .

4.   Taking into account the need to promote awareness of the scheme the Commission may, by means of delegated acts,
  specify the conditions in accordance with which
  Member States
  shall publicise their participation in the aid scheme and the fact that it is subsidised by the Union
  .

Amendment 128

Proposal for a regulation

Article 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 23 | Article 23 |
| Implementing powers in accordance with the examination procedure | Implementing powers in accordance with the examination procedure |
| The Commission may, by means of implementing acts, adopt
  all
  necessary measures related to this Subsection as regards,
  in particular
  : | The Commission may, by means of implementing acts, adopt
  the
  necessary measures related to this Subsection as regards: |
| (a) | the definitive allocation of aid between participating Member States within the appropriations available in the budget; |

Text proposed by the Commission

Amendment

Article 23

Article 23

Implementing powers in accordance with the examination procedure

Implementing powers in accordance with the examination procedure

The Commission may, by means of implementing acts, adopt
  all
  necessary measures related to this Subsection as regards,
  in particular
  :

The Commission may, by means of implementing acts, adopt
  the
  necessary measures related to this Subsection as regards:

(a)

the definitive allocation of aid between participating Member States within the appropriations available in the budget;

| (a) | the definitive allocation of aid between participating Member States within the appropriations available in the budget; |
| --- | --- |

(a)

the definitive allocation of aid between participating Member States within the appropriations available in the budget;

| (b) | the aid applications and payments; |
| --- | --- |

(b)

the aid applications and payments;

| (b) | the aid applications and payments; |
| --- | --- |

(b)

the aid applications and payments;

| (c) | the methods of publicising, and networking measures in respect of, the scheme. |
| --- | --- |

(c)

the methods of publicising, and networking measures in respect of, the scheme.

| (c) | the methods of publicising, and networking measures in respect of, the scheme. |
| --- | --- |

(c)

the methods of publicising, and networking measures in respect of, the scheme.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 129

Proposal for a regulation

Article 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 24 | Article 24 |
| Supply of milk products to children | Aid for the
  supply of
  milk and
  milk products to children |
| 1.   Union aid shall be granted for supplying to children in
  educational
  establishments
  certain products of the
  milk and milk products
  sector
  . | 1.   
  Under conditions to be determined by the Commission by means of delegated acts and implementing acts pursuant to Articles 25 and 26,
  Union aid shall be granted for supplying to children in
  the
  establishments
  referred to in Article 20a
  milk and milk products
  falling within CN codes 0401, 0403, 0404 90 and 0406 or CN code 2202 90
  . |
| 2.   Member States, at national or regional level, wishing to participate in the scheme shall draw up a prior strategy for its implementation. | 2.   Member States, at national or regional level, wishing to participate in the scheme shall draw up a prior strategy for its implementation.
  They shall also provide for the accompanying measures, which may include information on measures for education about healthy eating habits, about local food chains and about combating food wastage, that are necessary to make the programme effective. |
| | 2a.
     
  When drawing up their strategies, Member States shall draw up a list of milk and milk products that will be eligible under their respective schemes, in accordance with the rules adopted by the Commission pursuant to Article 25. |
| | 2b.
     
  Union aid referred to in paragraph 1 shall not be used to replace funding for any existing national milk and milk products schemes or other school distribution schemes that include milk or milk products. However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted. In this case, the Member State shall indicate in its implementation strategy how it intends to extend its scheme or make it more effective. |
| 3.   Member States may, in addition to Union aid, grant national aid in accordance with Article 152. | 3.   Member States may, in addition to Union aid, grant national aid in accordance with Article 152. |
| 3a.
     
  The Union school milk and milk products scheme shall be without prejudice to any separate national school schemes to encourage the consumption of milk and milk products that are compatible with Union law. | |
| 4.
     
  Measures on fixing the Union aid for all milk shall be taken by the Council in accordance with Article 43(3) of the Treaty. | |
| 5.   The Union aid provided for in paragraph 1 shall be granted on a maximum quantity of 0,25 litre of milk equivalent per child and per school day. | 5.   The Union aid provided for in paragraph 1 shall be granted on a maximum quantity of 0,25 litre of milk equivalent per child and per school day. |
| | 5a.
     
  Member States participating in the scheme shall publicise, at the places where the food is distributed, their involvement in the aid scheme and the fact that it is subsidised by the Union. |

Text proposed by the Commission

Amendment

Article 24

Article 24

Supply of milk products to children

Aid for the
  supply of
  milk and
  milk products to children

1.   Union aid shall be granted for supplying to children in
  educational
  establishments
  certain products of the
  milk and milk products
  sector
  .

1.   
  Under conditions to be determined by the Commission by means of delegated acts and implementing acts pursuant to Articles 25 and 26,
  Union aid shall be granted for supplying to children in
  the
  establishments
  referred to in Article 20a
  milk and milk products
  falling within CN codes 0401, 0403, 0404 90 and 0406 or CN code 2202 90
  .

2.   Member States, at national or regional level, wishing to participate in the scheme shall draw up a prior strategy for its implementation.

2.   Member States, at national or regional level, wishing to participate in the scheme shall draw up a prior strategy for its implementation.
  They shall also provide for the accompanying measures, which may include information on measures for education about healthy eating habits, about local food chains and about combating food wastage, that are necessary to make the programme effective.

2a.
     
  When drawing up their strategies, Member States shall draw up a list of milk and milk products that will be eligible under their respective schemes, in accordance with the rules adopted by the Commission pursuant to Article 25.

2b.
     
  Union aid referred to in paragraph 1 shall not be used to replace funding for any existing national milk and milk products schemes or other school distribution schemes that include milk or milk products. However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted. In this case, the Member State shall indicate in its implementation strategy how it intends to extend its scheme or make it more effective.

3.   Member States may, in addition to Union aid, grant national aid in accordance with Article 152.

3.   Member States may, in addition to Union aid, grant national aid in accordance with Article 152.

3a.
     
  The Union school milk and milk products scheme shall be without prejudice to any separate national school schemes to encourage the consumption of milk and milk products that are compatible with Union law.

4.
     
  Measures on fixing the Union aid for all milk shall be taken by the Council in accordance with Article 43(3) of the Treaty.

5.   The Union aid provided for in paragraph 1 shall be granted on a maximum quantity of 0,25 litre of milk equivalent per child and per school day.

5.   The Union aid provided for in paragraph 1 shall be granted on a maximum quantity of 0,25 litre of milk equivalent per child and per school day.

5a.
     
  Member States participating in the scheme shall publicise, at the places where the food is distributed, their involvement in the aid scheme and the fact that it is subsidised by the Union.

Amendment 130

Proposal for a regulation

Article 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 25 | Article 25 |
| Delegated powers | Delegated powers |
| 1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article. | 1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article. |
| 2.   Taking into account
  of the evolution in the dairy products consumption patterns and of the innovations and developments on the dairy products market, and taking into account nutritional aspects,
  the Commission
  shall
  , by means of delegated acts, determine the products that are eligible for the scheme
  and adopt rules on
  the national or regional strategies that Member States must draw up in order to benefit from the aid
  and the target group for the scheme. | 2.   Taking into account
  the need to ensure the effectiveness of the scheme in achievingthe objectives which are set for it
  , the Commission
  may
  , by means of delegated acts,
  adopt rules on: |
| | (a) | the products that are eligible for the scheme,
  in accordance with the provisions laid down in Article 24(1) and taking into account nutritional aspects; |

Text proposed by the Commission

Amendment

Article 25

Article 25

Delegated powers

Delegated powers

1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article.

1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article.

2.   Taking into account
  of the evolution in the dairy products consumption patterns and of the innovations and developments on the dairy products market, and taking into account nutritional aspects,
  the Commission
  shall
  , by means of delegated acts, determine the products that are eligible for the scheme
  and adopt rules on
  the national or regional strategies that Member States must draw up in order to benefit from the aid
  and the target group for the scheme.

2.   Taking into account
  the need to ensure the effectiveness of the scheme in achievingthe objectives which are set for it
  , the Commission
  may
  , by means of delegated acts,
  adopt rules on:

(a)

the products that are eligible for the scheme,
  in accordance with the provisions laid down in Article 24(1) and taking into account nutritional aspects;

| (b) | the target group of the scheme; |
| --- | --- |

(b)

the target group of the scheme;

| (c) | the national or regional strategies that Member States must draw up in order to benefit from the aid
  , including accompanying measures; |
| --- | --- |

(c)

the national or regional strategies that Member States must draw up in order to benefit from the aid
  , including accompanying measures;

| (d) | the approval and selection of aid applicants; |
| --- | --- |

(d)

the approval and selection of aid applicants;

| (e) | monitoring and evaluation. |
| --- | --- |

(e)

monitoring and evaluation.

3.   Taking into account the need to ensure that the appropriate beneficiaries and applicants qualify for the aid, the Commission shall, by means of delegated acts, adopt the conditions for granting aid.

3.   Taking into account the need to ensure that the appropriate beneficiaries and applicants qualify for the aid, the Commission shall, by means of delegated acts, adopt the conditions for granting aid.

Taking into account the need to ensure that applicants respect their obligations, the Commission shall, by means of delegated acts, adopt measures on the lodging of a security guaranteeing the execution where an advance of aid is paid.

Taking into account the need to ensure that applicants respect their obligations, the Commission shall, by means of delegated acts, adopt measures on the lodging of a security guaranteeing the execution where an advance of aid is paid.

4.   Taking into account the need to promote awareness of the
  aid
  scheme, the Commission may, by means of delegated acts,
  require educational establishments to communicate the subsidising role of the scheme.

4.   Taking into account the need to promote awareness of the scheme the Commission may, by means of delegated acts,
  specify the conditions in accordance with which Member States are to publicise their participation in the aid scheme and the fact that it is subsidised by the Union
  .

Amendment 131

Proposal for a regulation

Article 26

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 26 | Article 26 |
| Implementing powers in accordance with the examination procedure | Implementing powers in accordance with the examination procedure |
| The Commission may, by means of implementing acts, adopt
  all
  necessary measures as regards,
  in particular
  : | The Commission may, by means of implementing acts, adopt
  the
  necessary measures
  relating to this Subsection
  as regards: |
| (a) | procedures to ensure the respect of the maximum quantity eligible for the aid; |

Text proposed by the Commission

Amendment

Article 26

Article 26

Implementing powers in accordance with the examination procedure

Implementing powers in accordance with the examination procedure

The Commission may, by means of implementing acts, adopt
  all
  necessary measures as regards,
  in particular
  :

The Commission may, by means of implementing acts, adopt
  the
  necessary measures
  relating to this Subsection
  as regards:

(a)

procedures to ensure the respect of the maximum quantity eligible for the aid;

| (a) | procedures to ensure the respect of the maximum quantity eligible for the aid; |
| --- | --- |

(a)

procedures to ensure the respect of the maximum quantity eligible for the aid;

| (b) | approval of applicants
  , aid applications and payments; |
| --- | --- |

(b)

approval of applicants
  , aid applications and payments;

| (b) | aid applications and payments; |
| --- | --- |

(b)

aid applications and payments;

| (c) | the methods of publicising the scheme. |
| --- | --- |

(c)

the methods of publicising the scheme.

| (c) | the methods of publicising the scheme; |
| --- | --- |

(c)

the methods of publicising the scheme;

| (ca) | the fixing of aid for all types of milk and milk products, taking into account the need to sufficiently encourage the supply of milk products to the establishments referred to in Article 20a. |
| --- | --- |

(ca)

the fixing of aid for all types of milk and milk products, taking into account the need to sufficiently encourage the supply of milk products to the establishments referred to in Article 20a.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 132

Proposal for a regulation

Article 26 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 26 a |
| | School olive oil and table olives scheme |
| | By...

   (8)

  , the European Commission shall consider proposing a scheme for olive oil and table olives similar to those promoting the consumption of dairy and fruit and vegetable products in schools. Member States shall be able to decide voluntarily to join such a scheme, thereby benefitting from Union financing of the same order as that of the existing schemes. |

Text proposed by the Commission

Amendment

Article 26 a

School olive oil and table olives scheme

By...

   (8)

  , the European Commission shall consider proposing a scheme for olive oil and table olives similar to those promoting the consumption of dairy and fruit and vegetable products in schools. Member States shall be able to decide voluntarily to join such a scheme, thereby benefitting from Union financing of the same order as that of the existing schemes.

Amendment 133

Proposal for a regulation

Article 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 27 | Article 27 |
| Aid to operator organisations | Programmes to support the olive oil and table olives sector |
| 1.   The Union shall finance three-year work programmes to be drawn up by the operator organisations as defined in Article 109 in one or more of the following areas: | 1.   The Union shall finance three-year work programmes to be drawn up by the
  producer organisations recognised under Article 106 or the interbranch organisations recognised under Article 108
  in one or more of the following areas: |
| | (-a) | market follow-up and management in the olive oil and table olives sector; |

Text proposed by the Commission

Amendment

Article 27

Article 27

Aid to operator organisations

Programmes to support the olive oil and table olives sector

1.   The Union shall finance three-year work programmes to be drawn up by the operator organisations as defined in Article 109 in one or more of the following areas:

1.   The Union shall finance three-year work programmes to be drawn up by the
  producer organisations recognised under Article 106 or the interbranch organisations recognised under Article 108
  in one or more of the following areas:

(-a)

market follow-up and management in the olive oil and table olives sector;

| (a) | the improvement of the environmental impacts of olive cultivation; |
| --- | --- |

(a)

the improvement of the environmental impacts of olive cultivation;

| (a) | the improvement of the environmental impacts of olive cultivation; |
| --- | --- |

(a)

the improvement of the environmental impacts of olive cultivation;

| (aa) | the improvement of the competitiveness of olive cultivation through modernisation and restructuring; |
| --- | --- |

(aa)

the improvement of the competitiveness of olive cultivation through modernisation and restructuring;

| (b) | the improvement of the production quality of olive oil and table olives; |
| --- | --- |

(b)

the improvement of the production quality of olive oil and table olives;

| (b) | the improvement of the production quality of olive oil and table olives; |
| --- | --- |

(b)

the improvement of the production quality of olive oil and table olives;

| (c) | the traceability system, the certification and protection of the quality of olive oil and table olives, in particular the monitoring of the quality of olive oils sold to final consumers, under the authority of the national administrations. |
| --- | --- |

(c)

the traceability system, the certification and protection of the quality of olive oil and table olives, in particular the monitoring of the quality of olive oils sold to final consumers, under the authority of the national administrations.

| (c) | the traceability system, the certification and protection of the quality of olive oil and table olives, in particular the monitoring of the quality of olive oils sold to final consumers, under the authority of the national administrations. |
| --- | --- |

(c)

the traceability system, the certification and protection of the quality of olive oil and table olives, in particular the monitoring of the quality of olive oils sold to final consumers, under the authority of the national administrations.

| (ca) | the dissemination of information on measures carried out by producer organisations or interbranch organisations to improve the quality of olive oil and table olives. |
| --- | --- |

(ca)

the dissemination of information on measures carried out by producer organisations or interbranch organisations to improve the quality of olive oil and table olives.

2.   The Union financing of the work programmes referred to in paragraph 1 shall be:

2.   The Union financing of the work programmes referred to in paragraph 1 shall be:

| (a) | EUR 11 098 000 per year for Greece; |
| --- | --- |

(a)

EUR 11 098 000 per year for Greece;

| (a) | EUR 11 098 000 per year for Greece; |
| --- | --- |

(a)

EUR 11 098 000 per year for Greece;

| (b) | EUR 576 000 per year for France; and |
| --- | --- |

(b)

EUR 576 000 per year for France; and

| (b) | EUR 576 000 per year for France; and |
| --- | --- |

(b)

EUR 576 000 per year for France; and

| (c) | EUR 35 991 000 per year for Italy. |
| --- | --- |

(c)

EUR 35 991 000 per year for Italy.

| (c) | EUR 35 991 000 per year for Italy. |
| --- | --- |

(c)

EUR 35 991 000 per year for Italy.

2a.
     
  Member States other than those listed in paragraph 2 may use all or part of the funding available within the financial limit laid down in Article 14 of Regulation [XXXX/XXXX] of the European Parliament and of the Council establishing rules for direct payment to farmers in order to finance the work programmes referred to in paragraph 1.

3.   The maximum Union funding for the work programmes referred to in paragraph 1 shall be equal to the amounts withheld by the Member States. The maximum funding of the eligible cost shall be:

3.   The maximum Union funding for the work programmes referred to in paragraph 1 shall be equal to the amounts withheld by the Member States. The maximum funding of the eligible cost shall be:

| (a) | 75 % for activities in the areas referred to in point (a) of paragraph 1; |
| --- | --- |

(a)

75 % for activities in the areas referred to in point (a) of paragraph 1;

| (a) | 75 % for activities in the areas referred to in
  points (-a),
  (a)
  and (aa)
  of paragraph 1; |
| --- | --- |

(a)

75 % for activities in the areas referred to in
  points (-a),
  (a)
  and (aa)
  of paragraph 1;

| (b) | 75 % for fixed assets investments and 50 % for other activities in the area referred to in point (b) of paragraph 1; |
| --- | --- |

(b)

75 % for fixed assets investments and 50 % for other activities in the area referred to in point (b) of paragraph 1;

| (b) | 75 % for fixed assets investments and 50 % for other activities in the area referred to in point (b) of paragraph 1; |
| --- | --- |

(b)

75 % for fixed assets investments and 50 % for other activities in the area referred to in point (b) of paragraph 1;

| (c) | 75 % for the work programmes carried out in at least three third countries or non-producing Member States by approved operator organisations from at least two producer Member States in the areas referred to in point (c) of paragraph 1, and 50 % for the other activities in these areas. |
| --- | --- |

(c)

75 % for the work programmes carried out in at least three third countries or non-producing Member States by approved operator organisations from at least two producer Member States in the areas referred to in point (c) of paragraph 1, and 50 % for the other activities in these areas.

| (c) | 75 % for the work programmes carried out in at least three third countries or non-producing Member States by approved operator organisations from at least two producer Member States in the areas referred to in
  points
  (c)
  and (ca)
  of paragraph 1, and 50 % for the other activities in these areas. |
| --- | --- |

(c)

75 % for the work programmes carried out in at least three third countries or non-producing Member States by approved operator organisations from at least two producer Member States in the areas referred to in
  points
  (c)
  and (ca)
  of paragraph 1, and 50 % for the other activities in these areas.

Complementary financing shall be ensured by the Member State up to 50 % of the costs not covered by the Union funding.

Complementary financing shall be ensured by the Member State up to 50 % of the costs not covered by the Union funding.

Amendment 134

Proposal for a regulation

Article 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 28 | Article 28 |
| Delegated powers | Delegated powers |
| 1.   Taking into account the need to ensure that aid provided for in Article 27 meets its objectives of improving the production quality of olive oil and table olives, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning: | 1.   Taking into account the need to ensure that aid provided for in Article 27 meets its objectives of improving the production quality of olive oil and table olives, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning: |
| (a) | conditions for the approval of operator organisations for the purposes of the aid scheme, and for the suspension or withdrawal of such approval; |

Text proposed by the Commission

Amendment

Article 28

Article 28

Delegated powers

Delegated powers

1.   Taking into account the need to ensure that aid provided for in Article 27 meets its objectives of improving the production quality of olive oil and table olives, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning:

1.   Taking into account the need to ensure that aid provided for in Article 27 meets its objectives of improving the production quality of olive oil and table olives, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning:

(a)

conditions for the approval of operator organisations for the purposes of the aid scheme, and for the suspension or withdrawal of such approval;

| (b) | measures eligible for Union financing; |
| --- | --- |

(b)

measures eligible for Union financing;

| (b) | the details of
  measures eligible for Union financing; |
| --- | --- |

(b)

the details of
  measures eligible for Union financing;

| (c) | allocation of Union financing to particular measures; |
| --- | --- |

(c)

allocation of Union financing to particular measures;

| (c) | allocation of Union financing to particular measures; |
| --- | --- |

(c)

allocation of Union financing to particular measures;

| (d) | activities and costs that are not eligible for Union financing; |
| --- | --- |

(d)

activities and costs that are not eligible for Union financing;

| (d) | activities and costs that are not eligible for Union financing; |
| --- | --- |

(d)

activities and costs that are not eligible for Union financing;

| (e) | selection and approval of work programmes. |
| --- | --- |

(e)

selection and approval of work programmes.

| (e) | selection and approval of work programmes. |
| --- | --- |

(e)

selection and approval of work programmes.

2.   Taking into account the need to ensure that operators respect their obligations, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to require the lodging of a security where an advance payment of aid is made.

2.   Taking into account the need to ensure that operators respect their obligations, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to require the lodging of a security where an advance payment of aid is made.

Amendment 135

Proposal for a regulation

Article 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 30 | Article 30 |
| Operational funds | Operational funds |
| 1.   Producer organisations in the fruit and vegetables sector may set up an operational fund. The fund shall be financed by: | 1.   Producer organisations
  and/or their associations
  in the fruit and vegetables sector may set up a
  three to five-year
  operational fund. The fund shall be financed by: |
| (a) | financial contributions
  of members or of the producer organisation itself; |

Text proposed by the Commission

Amendment

Article 30

Article 30

Operational funds

Operational funds

1.   Producer organisations in the fruit and vegetables sector may set up an operational fund. The fund shall be financed by:

1.   Producer organisations
  and/or their associations
  in the fruit and vegetables sector may set up a
  three to five-year
  operational fund. The fund shall be financed by:

(a)

financial contributions
  of members or of the producer organisation itself;

| (a) | financial contributions
  from: |
| --- | --- |

(a)

financial contributions
  from:

| | (i) | members of the producer organisation and/or the producer organisation itself; or |
| --- | --- | --- |

(i)

members of the producer organisation and/or the producer organisation itself; or

| (ii) | associations of producer organisations through the members of these associations. |
| --- | --- |

(ii)

associations of producer organisations through the members of these associations.

| (b) | Union financial assistance which may be granted to producer organisations in accordance with the terms and conditions set out in delegated and implementing acts adopted by the Commission pursuant to Articles 35 and 36. |
| --- | --- |

(b)

Union financial assistance which may be granted to producer organisations in accordance with the terms and conditions set out in delegated and implementing acts adopted by the Commission pursuant to Articles 35 and 36.

| (b) | Union financial assistance which may be granted to producer organisations
  , or to associations thereof, where those associations present, manage and implement an operational programme or a partial operational programme,
  in accordance with the terms and conditions set out in delegated and implementing acts adopted by the Commission pursuant to Articles 35 and 36. |
| --- | --- |

(b)

Union financial assistance which may be granted to producer organisations
  , or to associations thereof, where those associations present, manage and implement an operational programme or a partial operational programme,
  in accordance with the terms and conditions set out in delegated and implementing acts adopted by the Commission pursuant to Articles 35 and 36.

2.   Operational funds shall be used only to finance operational programmes that have been submitted to and approved by Member States.

2.   Operational funds shall be used only to finance operational programmes that have been submitted to and approved by Member States.

Amendment 136

Proposal for a regulation

Article 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 31 | Article 31 |
| Operational programmes | Operational programmes |
| 1.   Operational programmes in the fruit and vegetables sector shall have at least two of the objectives referred to in Article 106(c) or the following objectives: | 1.   Operational programmes in the fruit and vegetables sector shall have at least two of the objectives referred to in Article 106(c) or
  two of
  the following objectives: |
| (a) | planning of production; |

Text proposed by the Commission

Amendment

Article 31

Article 31

Operational programmes

Operational programmes

1.   Operational programmes in the fruit and vegetables sector shall have at least two of the objectives referred to in Article 106(c) or the following objectives:

1.   Operational programmes in the fruit and vegetables sector shall have at least two of the objectives referred to in Article 106(c) or
  two of
  the following objectives:

(a)

planning of production;

| (a) | planning of production; |
| --- | --- |

(a)

planning of production;

| (b) | improvement of product quality; |
| --- | --- |

(b)

improvement of product quality;

| (b) | improvement of product quality
  , whether in a fresh or processed form
  ; |
| --- | --- |

(b)

improvement of product quality
  , whether in a fresh or processed form
  ;

| (c) | boosting products’ commercial value; |
| --- | --- |

(c)

boosting products’ commercial value;

| (c) | boosting products’ commercial value; |
| --- | --- |

(c)

boosting products’ commercial value;

| (d) | promotion of the products, whether in a fresh or processed form; |
| --- | --- |

(d)

promotion of the products, whether in a fresh or processed form;

| (d) | promotion of the products, whether in a fresh or processed form; |
| --- | --- |

(d)

promotion of the products, whether in a fresh or processed form;

| (e) | environmental measures and methods of production respecting the environment, including organic farming; |
| --- | --- |

(e)

environmental measures and methods of production respecting the environment, including organic farming;

| (e) | environmental measures
  , particularly those relating to water,
  and methods of production
  , handling, manufacturing or processing
  respecting the environment, including organic farming
  and integrated production
  ; |
| --- | --- |

(e)

environmental measures
  , particularly those relating to water,
  and methods of production
  , handling, manufacturing or processing
  respecting the environment, including organic farming
  and integrated production
  ;

| (f) | crisis prevention and management. |
| --- | --- |

(f)

crisis prevention and management.

| (f) | crisis prevention and management. |
| --- | --- |

(f)

crisis prevention and management.

Operational programmes shall be submitted to the Member States for their approval.

Operational programmes shall be submitted to the Member States for their approval.

1a.
     
  Associations of producer organisations may stand in for their members for the purpose of managing, processing, implementing and presenting operational programmes.

Such associations may also present a partial operational programme composed of measures identified, but not carried out, by member organisations under their operational programmes. These partial operational programmes shall be subject to the same rules as other operational programmes and shall be considered at the same time as the operational programmes of member organisations.

To that end, the Member States shall ensure that:

| (a) | measures under partial operational programmes are entirely financed by the contributions of the member organisations of the association in question and that this funding is collected from the operational funds of those member organisations; |
| --- | --- |

(a)

measures under partial operational programmes are entirely financed by the contributions of the member organisations of the association in question and that this funding is collected from the operational funds of those member organisations;

| (b) | the measures and their corresponding financial share are identified in the operational programme of each member organisation; |
| --- | --- |

(b)

the measures and their corresponding financial share are identified in the operational programme of each member organisation;

| (c) | there is no duplication of funding. |
| --- | --- |

(c)

there is no duplication of funding.

2.   Crisis prevention and management referred to in point (f) of paragraph 1 shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context:

2.   Crisis prevention and management referred to in point (f) of paragraph 1 shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context:

| (a) | market withdrawal; |
| --- | --- |

(a)

market withdrawal;

| (a) | production and consumption forecasting and follow-up; |
| --- | --- |

(a)

production and consumption forecasting and follow-up;

| (b) | green harvesting or non-harvesting of fruit and vegetables; |
| --- | --- |

(b)

green harvesting or non-harvesting of fruit and vegetables;

| (b) | investments making the management of the volumes placed on the market more efficient; |
| --- | --- |

(b)

investments making the management of the volumes placed on the market more efficient;

| (c) | promotion and communication; |
| --- | --- |

(c)

promotion and communication;

| (c) | training measures, exchanges of best practice and structural capacity building
  ; |
| --- | --- |

(c)

training measures, exchanges of best practice and structural capacity building
  ;

| (d) | training measures; |
| --- | --- |

(d)

training measures;

| (d) | promotion and communication, whether for prevention or during the crisis period
  ; |
| --- | --- |

(d)

promotion and communication, whether for prevention or during the crisis period
  ;

| (e) | harvest insurance
  ; |
| --- | --- |

(e)

harvest insurance
  ;

| (
  e
  ) | support for the administrative costs of setting up mutual funds; |
| --- | --- |

(
  e
  )

support for the administrative costs of setting up mutual funds;

| (f) | support for the administrative costs of setting up mutual funds. |
| --- | --- |

(f)

support for the administrative costs of setting up mutual funds.

| (f) | grubbing-up aid for the reconversion of orchards; |
| --- | --- |

(f)

grubbing-up aid for the reconversion of orchards;

| (g) | market withdrawal, also for products that are processed by producer organisations; |
| --- | --- |

(g)

market withdrawal, also for products that are processed by producer organisations;

| (h) | green harvesting or non-harvesting of fruit and vegetables; |
| --- | --- |

(h)

green harvesting or non-harvesting of fruit and vegetables;

| (i) | harvest insurance. |
| --- | --- |

(i)

harvest insurance.

Crisis prevention and management measures, including any repayment of capital and interest as referred to in the
  third
  subparagraph, shall not comprise more than
  one-third
  of the expenditure under the operational programme.

Crisis prevention and management measures, including any repayment of capital and interest as referred to in the
  fourth
  subparagraph, shall not comprise more than
  40 %
  of the expenditure under the operational programme.

Harvest insurance actions shall include measures which contribute to safeguarding producers’ incomes and to covering market losses incurred by producer organisations and/or their members where these incomes are affected by natural disasters, adverse climatic events, diseases or pest infestations. The beneficiaries must prove that they have taken the necessary risk prevention measures.

Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for Union financial assistance under Article 32. Any specific action under crisis prevention and management
  shall
  be financed either by such loans, or directly,
  but not both
  .

Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for Union financial assistance under Article 32. Any specific action under crisis prevention and management
  may
  be financed either by such loans
  and/
  or directly
  by producer organisations
  .

2a.
     
  For the purposes of this section:

| (a) | ‘green harvesting’ means the total or partial harvesting of non-marketable products on a given area carried out before the beginning of the normal harvest. The products concerned shall not have been already damaged prior to the green harvesting, whether due to climatic reasons or disease or otherwise. |
| --- | --- |

(a)

‘green harvesting’ means the total or partial harvesting of non-marketable products on a given area carried out before the beginning of the normal harvest. The products concerned shall not have been already damaged prior to the green harvesting, whether due to climatic reasons or disease or otherwise.

| (b) | ‘non-harvesting’ means the situation where all or part of commercial production is not taken from the area concerned during the normal production cycle. The destruction of products due to a climatic event or disease shall not be considered to be non-harvesting; |
| --- | --- |

(b)

‘non-harvesting’ means the situation where all or part of commercial production is not taken from the area concerned during the normal production cycle. The destruction of products due to a climatic event or disease shall not be considered to be non-harvesting;

3.   Member States shall ensure that:

3.   Member States shall ensure that:

| (a) | operational programmes include two or more environmental actions; or |
| --- | --- |

(a)

operational programmes include two or more environmental actions; or

| (a) | operational programmes include two or more environmental actions; or |
| --- | --- |

(a)

operational programmes include two or more environmental actions; or

| (b) | at least 10 % of the expenditure under operational programmes covers environmental actions. |
| --- | --- |

(b)

at least 10 % of the expenditure under operational programmes covers environmental actions.

| (b) | at least 10 % of the expenditure under operational programmes covers environmental actions. |
| --- | --- |

(b)

at least 10 % of the expenditure under operational programmes covers environmental actions.

Environmental actions shall respect the requirements for agri-environment payments laid down in Article 29(3) of Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).

Environmental actions shall respect the requirements for agri-environment payments laid down in Article 29(3) of Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).

Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri-environment commitments provided for in Article 29(3) of Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) then each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph.

Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri-environment commitments provided for in Article 29(3) of Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) then each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph.

Support for the environmental actions referred to in the first subparagraph shall cover additional costs and income foregone resulting from the action.

Support for the environmental actions referred to in the first subparagraph shall cover additional costs and income foregone resulting from the action.

4.   Member States shall ensure that investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place.

4.   Member States shall ensure that investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place.

Amendment 137

Proposal for a regulation

Article 32

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 32 | Article 32 |
| Union financial assistance | Union financial assistance |
| 1.   The Union financial assistance shall be equal to the amount of the financial contributions referred to in point (a) of Article 30(1) as actually paid and limited to 50 % of the actual expenditure incurred. | 1.   The Union financial assistance shall be equal to the amount of the financial contributions referred to in point (a) of Article 30(1) as actually paid and limited to 50 % of the actual expenditure incurred
  or 75 % in the case of the outermost regions
  . |
| 2.   The Union financial assistance shall be limited to 4,1 % of the value of the marketed
  production of
  each producer organisation. | 2.   The Union financial assistance shall be limited to 4,1 % of the value of the
  fresh or processed products
  marketed
  by
  each producer organisation
  and/or of their association
  . |
| However, that percentage may be increased to 4,6 % of the value of the marketed
  production
  provided that the amount in excess of 4,1 % of the value of the marketed
  production
  is used solely for crisis prevention and management measures. | However, that percentage may be increased to 4,6 % of the value of the
  fresh or processed products
  marketed
  by the producer organisation
  provided that the amount in excess of 4,1 % of the value of the
  fresh or processed products
  marketed is used solely for crisis prevention and management measures. |
| | In the case of associations of producer organisations, this percentage may be increased to 5 % of the value of the fresh or processed products marketed by the association or by its members, provided that the amount in excess of 4,1 % of the value of the fresh or processed products marketed is used solely for crisis prevention and management measures implemented by that association of producer organisations on behalf of its members. |
| 3.   At the request of a producer organisation, the 50 % limit provided for in paragraph 1 shall be increased to 60 % for an operational programme or part of an operational programme where it meets at least one of the following conditions: | 3.   At the request of a producer organisation, the 50 % limit provided for in paragraph 1 shall be increased to 60 % for an operational programme or part of an operational programme where it meets at least one of the following conditions: |
| (a) | it is submitted by several Union producer organisations operating in different Member States on transnational schemes; |

Text proposed by the Commission

Amendment

Article 32

Article 32

Union financial assistance

Union financial assistance

1.   The Union financial assistance shall be equal to the amount of the financial contributions referred to in point (a) of Article 30(1) as actually paid and limited to 50 % of the actual expenditure incurred.

1.   The Union financial assistance shall be equal to the amount of the financial contributions referred to in point (a) of Article 30(1) as actually paid and limited to 50 % of the actual expenditure incurred
  or 75 % in the case of the outermost regions
  .

2.   The Union financial assistance shall be limited to 4,1 % of the value of the marketed
  production of
  each producer organisation.

2.   The Union financial assistance shall be limited to 4,1 % of the value of the
  fresh or processed products
  marketed
  by
  each producer organisation
  and/or of their association
  .

However, that percentage may be increased to 4,6 % of the value of the marketed
  production
  provided that the amount in excess of 4,1 % of the value of the marketed
  production
  is used solely for crisis prevention and management measures.

However, that percentage may be increased to 4,6 % of the value of the
  fresh or processed products
  marketed
  by the producer organisation
  provided that the amount in excess of 4,1 % of the value of the
  fresh or processed products
  marketed is used solely for crisis prevention and management measures.

In the case of associations of producer organisations, this percentage may be increased to 5 % of the value of the fresh or processed products marketed by the association or by its members, provided that the amount in excess of 4,1 % of the value of the fresh or processed products marketed is used solely for crisis prevention and management measures implemented by that association of producer organisations on behalf of its members.

3.   At the request of a producer organisation, the 50 % limit provided for in paragraph 1 shall be increased to 60 % for an operational programme or part of an operational programme where it meets at least one of the following conditions:

3.   At the request of a producer organisation, the 50 % limit provided for in paragraph 1 shall be increased to 60 % for an operational programme or part of an operational programme where it meets at least one of the following conditions:

(a)

it is submitted by several Union producer organisations operating in different Member States on transnational schemes;

| (a) | it is submitted by several Union producer organisations operating in different Member States on transnational schemes; |
| --- | --- |

(a)

it is submitted by several Union producer organisations operating in different Member States on transnational schemes;

| (b) | it is submitted by one or more producer organisations engaged in schemes operated on an interbranch basis; |
| --- | --- |

(b)

it is submitted by one or more producer organisations engaged in schemes operated on an interbranch basis;

| (b) | it is submitted by one or more producer organisations engaged in schemes operated on an interbranch basis; |
| --- | --- |

(b)

it is submitted by one or more producer organisations engaged in schemes operated on an interbranch basis;

| (c) | it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 834/2007; |
| --- | --- |

(c)

it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 834/2007;

| (c) | it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 834/2007; |
| --- | --- |

(c)

it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 834/2007;

| (d) | it is the first to be submitted by a recognised producer organisation which has merged with another recognised producer organisation; |
| --- | --- |

(d)

it is the first to be submitted by a recognised producer organisation which has merged with another recognised producer organisation;

| (d) | it is the first to be submitted by a recognised producer organisation which has merged with another recognised producer organisation; |
| --- | --- |

(d)

it is the first to be submitted by a recognised producer organisation which has merged with another recognised producer organisation;

| (da) | the programme is presented by several recognised producer organisations grouped together in a joint marketing subsidiary; |
| --- | --- |

(da)

the programme is presented by several recognised producer organisations grouped together in a joint marketing subsidiary;

| (e) | it is the first to be submitted by a recognised association of producer organisations |
| --- | --- |

(e)

it is the first to be submitted by a recognised association of producer organisations

| (e) | it is the first to be submitted by a recognised association of producer organisations; |
| --- | --- |

(e)

it is the first to be submitted by a recognised association of producer organisations;

| (f) | it is submitted by producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production; |
| --- | --- |

(f)

it is submitted by producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production;

| (f) | it is submitted by producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production; |
| --- | --- |

(f)

it is submitted by producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production;

| (g) | it is submitted by a producer organisation in one of the outermost regions referred to in Article 349 of the Treaty; |
| --- | --- |

(g)

it is submitted by a producer organisation in one of the outermost regions referred to in Article 349 of the Treaty;

| (g) | it is submitted by a producer organisation in one of the outermost regions referred to in Article 349 of the Treaty
  or in the small Aegean islands, as defined in Article 1(2) of Regulation (EC) No 1405/2006
  ; |
| --- | --- |

(g)

it is submitted by a producer organisation in one of the outermost regions referred to in Article 349 of the Treaty
  or in the small Aegean islands, as defined in Article 1(2) of Regulation (EC) No 1405/2006
  ;

| (h) | it covers solely specific support for actions to promote the consumption of fruit and vegetables targeted at children in educational establishments. |
| --- | --- |

(h)

it covers solely specific support for actions to promote the consumption of fruit and vegetables targeted at children in educational establishments.

4.   The 50 % limit provided for in paragraph 1 shall be increased to 100 % in the case of market withdrawals of fruit and vegetables which shall not exceed 5 % of the volume of marketed production of each producer organisation and which are disposed of by way of:

4.   The 50 % limit provided for in paragraph 1 shall be increased to 100 % in the case of market withdrawals of fruit and vegetables which shall not exceed 5 % of the volume of marketed production of each producer organisation and which are disposed of by way of:

| (a) | free distribution to charitable organisations and foundations, approved to that effect by the Member States, for use in their activities to assist persons whose right to public assistance is recognised in national law, in particular because they lack the necessary means of subsistence; |
| --- | --- |

(a)

free distribution to charitable organisations and foundations, approved to that effect by the Member States, for use in their activities to assist persons whose right to public assistance is recognised in national law, in particular because they lack the necessary means of subsistence;

| (a) | free distribution to charitable organisations and foundations, approved to that effect by the Member States, for use in their activities to assist persons whose right to public assistance is recognised in national law, in particular because they lack the necessary means of subsistence; |
| --- | --- |

(a)

free distribution to charitable organisations and foundations, approved to that effect by the Member States, for use in their activities to assist persons whose right to public assistance is recognised in national law, in particular because they lack the necessary means of subsistence;

| (b) | free distribution to penal institutions, schools and public education institutions and to children’s holiday camps as well as to hospitals and old people’s homes designated by the Member States, which shall take all necessary steps to ensure that the quantities thus distributed are additional to the quantities normally bought in by such establishments. |
| --- | --- |

(b)

free distribution to penal institutions, schools and public education institutions and to children’s holiday camps as well as to hospitals and old people’s homes designated by the Member States, which shall take all necessary steps to ensure that the quantities thus distributed are additional to the quantities normally bought in by such establishments.

| (b) | free distribution to penal institutions, schools and
  the establishments referred to in Article 20a
  and to children’s holiday camps as well as to hospitals and old people’s homes designated by the Member States, which shall take all necessary steps to ensure that the quantities thus distributed are additional to the quantities normally bought in by such establishments. |
| --- | --- |

(b)

free distribution to penal institutions, schools and
  the establishments referred to in Article 20a
  and to children’s holiday camps as well as to hospitals and old people’s homes designated by the Member States, which shall take all necessary steps to ensure that the quantities thus distributed are additional to the quantities normally bought in by such establishments.

Amendment 138

Proposal for a regulation

Article 34

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 34 | Article 34 |
| National framework and national strategy for operational programmes | National framework and national strategy for operational programmes |
| 1.   Member States shall establish a national framework for drawing up general conditions relating to the environmental actions referred to in Article 31(3). This framework shall provide in particular that such actions shall meet the appropriate requirements of Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) in particular those of its Article 6 on consistency. | 1.   Member States shall establish a national framework for drawing up general conditions relating to the environmental actions referred to in Article 31(3). This framework shall provide in particular that such actions shall meet the appropriate requirements of Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) in particular those of its Article 6 on consistency. |
| Member States shall submit their proposed framework to the Commission which
  , by means of
  implementing acts,
  may require
  modifications within three months if it finds that the proposal would not contribute to the pursuit of the objectives set out in Article 191 of the Treaty and in the seventh Union environment action programme. Investments on individual holdings supported by operational programmes shall also respect those objectives. | Member States shall submit their proposed framework to the Commission which
  may adopt
  implementing acts
  , without the application of Article 162(2) or (3), requiring
  modifications within three months if it finds that the proposal would not contribute to the pursuit of the objectives set out in Article 191 of the Treaty and in the seventh Union environment action programme. Investments on individual holdings supported by operational programmes shall also respect those objectives. |
| 2.   Each Member State shall establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy shall include: | 2.   Each Member State shall establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy shall include: |
| (a) | an analysis of the situation in terms of strengths and weaknesses and the potential for development; |

Text proposed by the Commission

Amendment

Article 34

Article 34

National framework and national strategy for operational programmes

National framework and national strategy for operational programmes

1.   Member States shall establish a national framework for drawing up general conditions relating to the environmental actions referred to in Article 31(3). This framework shall provide in particular that such actions shall meet the appropriate requirements of Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) in particular those of its Article 6 on consistency.

1.   Member States shall establish a national framework for drawing up general conditions relating to the environmental actions referred to in Article 31(3). This framework shall provide in particular that such actions shall meet the appropriate requirements of Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) in particular those of its Article 6 on consistency.

Member States shall submit their proposed framework to the Commission which
  , by means of
  implementing acts,
  may require
  modifications within three months if it finds that the proposal would not contribute to the pursuit of the objectives set out in Article 191 of the Treaty and in the seventh Union environment action programme. Investments on individual holdings supported by operational programmes shall also respect those objectives.

Member States shall submit their proposed framework to the Commission which
  may adopt
  implementing acts
  , without the application of Article 162(2) or (3), requiring
  modifications within three months if it finds that the proposal would not contribute to the pursuit of the objectives set out in Article 191 of the Treaty and in the seventh Union environment action programme. Investments on individual holdings supported by operational programmes shall also respect those objectives.

2.   Each Member State shall establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy shall include:

2.   Each Member State shall establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy shall include:

(a)

an analysis of the situation in terms of strengths and weaknesses and the potential for development;

| (a) | an analysis of the situation in terms of strengths and weaknesses and the potential for development; |
| --- | --- |

(a)

an analysis of the situation in terms of strengths and weaknesses and the potential for development;

| (b) | justification of the priorities chosen; |
| --- | --- |

(b)

justification of the priorities chosen;

| (b) | justification of the priorities chosen; |
| --- | --- |

(b)

justification of the priorities chosen;

| (c) | the objectives of operational programmes and instruments, and performance indicators; |
| --- | --- |

(c)

the objectives of operational programmes and instruments, and performance indicators;

| (c) | the objectives of operational programmes and instruments, and performance indicators; |
| --- | --- |

(c)

the objectives of operational programmes and instruments, and performance indicators;

| (d) | assessment of operational programmes; |
| --- | --- |

(d)

assessment of operational programmes;

| (d) | assessment of operational programmes; |
| --- | --- |

(d)

assessment of operational programmes;

| (e) | reporting obligations for producer organisations. |
| --- | --- |

(e)

reporting obligations for producer organisations.

| (e) | reporting obligations for producer organisations. |
| --- | --- |

(e)

reporting obligations for producer organisations.

The national strategy shall also integrate the national framework referred to in paragraph 1.

The national strategy shall also integrate the national framework referred to in paragraph 1.

3.   Paragraphs 1 and 2 shall not apply to Member States which have no recognised producer organisations.

3.   Paragraphs 1 and 2 shall not apply to Member States which have no recognised producer organisations.

Amendment 139

Proposal for a regulation

Article 34 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 34a |
| | National network |
| | 1.
     
  Member States may establish a national fruit and vegetables network gathering the producer organisations, the associations of producer organisations and the authorities involved in implementing the national strategy. |
| | 2.
     
  The network shall be financed by a maximum levy of 0,5 % of the Union share of the financing of operational funds. |
| | 3.
     
  The aim of this network shall be to manage the network, to examine transferable good practices and gather the relevant information, to organise conferences and seminars for those involved in managing the national strategy, to conduct programmes to monitor and assess the national strategy and to carry out other activities identified by the national strategy. |

Text proposed by the Commission

Amendment

Article 34a

National network

1.
     
  Member States may establish a national fruit and vegetables network gathering the producer organisations, the associations of producer organisations and the authorities involved in implementing the national strategy.

2.
     
  The network shall be financed by a maximum levy of 0,5 % of the Union share of the financing of operational funds.

3.
     
  The aim of this network shall be to manage the network, to examine transferable good practices and gather the relevant information, to organise conferences and seminars for those involved in managing the national strategy, to conduct programmes to monitor and assess the national strategy and to carry out other activities identified by the national strategy.

Amendment 140

Proposal for a regulation

Article 35

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 35 | Article 35 |
| Delegated powers | Delegated powers |
| Taking into account the need to ensure an efficient, targeted and sustainable support of producer organisations in the fruit and vegetables sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 establishing rules on: | Taking into account the need to ensure an efficient, targeted and sustainable support of producer organisations in the fruit and vegetables sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 establishing rules on: |
| (a) | operational funds and operational programmes, concerning: |

Text proposed by the Commission

Amendment

Article 35

Article 35

Delegated powers

Delegated powers

Taking into account the need to ensure an efficient, targeted and sustainable support of producer organisations in the fruit and vegetables sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 establishing rules on:

Taking into account the need to ensure an efficient, targeted and sustainable support of producer organisations in the fruit and vegetables sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 establishing rules on:

(a)

operational funds and operational programmes, concerning:

| (a) | operational funds and operational programmes, concerning: |
| --- | --- |

(a)

operational funds and operational programmes, concerning:

| | (i) | the estimated amounts, financing and use of operational funds; |
| --- | --- | --- |

(i)

the estimated amounts, financing and use of operational funds;

| | (i) | the estimated amounts, financing and use of operational funds; |
| --- | --- | --- |

(i)

the estimated amounts, financing and use of operational funds;

| | (ii) | the content, duration, approval and modification of operational programmes; |
| --- | --- | --- |

(ii)

the content, duration, approval and modification of operational programmes;

| | (ii) | the content, duration, approval and modification of operational programmes; |
| --- | --- | --- |

(ii)

the content, duration, approval and modification of operational programmes;

| | (iii) | the eligibility of measures, actions or expenditure under an operational programme and respective complementary national rules; |
| --- | --- | --- |

(iii)

the eligibility of measures, actions or expenditure under an operational programme and respective complementary national rules;

| | (iii) | the eligibility of measures, actions or expenditure under an operational programme
  , rules on investment in individual holdings
  and respective complementary national rules; |
| --- | --- | --- |

(iii)

the eligibility of measures, actions or expenditure under an operational programme
  , rules on investment in individual holdings
  and respective complementary national rules;

| | (iv) | the relationship between operational programmes and rural development programmes; |
| --- | --- | --- |

(iv)

the relationship between operational programmes and rural development programmes;

| | (iv) | the relationship between operational programmes and rural development programmes; |
| --- | --- | --- |

(iv)

the relationship between operational programmes and rural development programmes;

| | (v) | operational programmes of associations of producer organisations; |
| --- | --- | --- |

(v)

operational programmes of associations of producer organisations;

| | (v) | operational programmes of associations of producer organisations; |
| --- | --- | --- |

(v)

operational programmes of associations of producer organisations;

| | (va) | the specific rules applicable to cases in which associations of producer organisations stand in for their members, wholly or in part, for the purpose of managing, processing, implementing and presenting operational programmes; |
| --- | --- | --- |

(va)

the specific rules applicable to cases in which associations of producer organisations stand in for their members, wholly or in part, for the purpose of managing, processing, implementing and presenting operational programmes;

| (b) | the structure and content of a national framework and a national strategy; |
| --- | --- |

(b)

the structure and content of a national framework and a national strategy;

| (b) | the structure and content of a national framework and a national strategy; |
| --- | --- |

(b)

the structure and content of a national framework and a national strategy;

| (c) | Union financial assistance, concerning: |
| --- | --- |

(c)

Union financial assistance, concerning:

| (c) | Union financial assistance, concerning: |
| --- | --- |

(c)

Union financial assistance, concerning:

| | (i) | the basis for the calculation of Union financial assistance, in particular the value of the marketed production of a producer organisation; |
| --- | --- | --- |

(i)

the basis for the calculation of Union financial assistance, in particular the value of the marketed production of a producer organisation;

| | (i) | the basis for the calculation of Union financial assistance, in particular the value of the marketed production of a producer organisation; |
| --- | --- | --- |

(i)

the basis for the calculation of Union financial assistance, in particular the value of the marketed production of a producer organisation;

| | (ii) | applicable reference periods for the calculation of aid; |
| --- | --- | --- |

(ii)

applicable reference periods for the calculation of aid;

| | (ii) | applicable reference periods for the calculation of aid; |
| --- | --- | --- |

(ii)

applicable reference periods for the calculation of aid;

| | (iii) | reductions of financial assistance entitlements in case of late submission of aid applications; |
| --- | --- | --- |

(iii)

reductions of financial assistance entitlements in case of late submission of aid applications;

| | (iii) | reductions of financial assistance entitlements in case of late submission of aid applications; |
| --- | --- | --- |

(iii)

reductions of financial assistance entitlements in case of late submission of aid applications;

| | (iv) | the provision of advance payments and the lodging and forfeiture of securities in case of advance payments; |
| --- | --- | --- |

(iv)

the provision of advance payments and the lodging and forfeiture of securities in case of advance payments;

| | (iv) | the provision of advance payments and the lodging and forfeiture of securities in case of advance payments; |
| --- | --- | --- |

(iv)

the provision of advance payments and the lodging and forfeiture of securities in case of advance payments;

| | (iva) | the specific rules applicable to the financing of operational programmes of associations of producer organisations, particularly those relating to the ceilings referred to in Article 32(2); |
| --- | --- | --- |

(iva)

the specific rules applicable to the financing of operational programmes of associations of producer organisations, particularly those relating to the ceilings referred to in Article 32(2);

| (d) | crisis prevention and management measures, concerning: |
| --- | --- |

(d)

crisis prevention and management measures, concerning:

| (d) | crisis prevention and management measures, concerning: |
| --- | --- |

(d)

crisis prevention and management measures, concerning:

| | (i) | the selection of crisis prevention and management measures; |
| --- | --- | --- |

(i)

the selection of crisis prevention and management measures;

| | (i) | the selection of crisis prevention and management measures; |
| --- | --- | --- |

(i)

the selection of crisis prevention and management measures;

| | (ii) | the
  definition of
  market withdrawal; |
| --- | --- | --- |

(ii)

the
  definition of
  market withdrawal;

| | (ii) | the
  conditions under which
  market withdrawal
  is triggered
  ; |
| --- | --- | --- |

(ii)

the
  conditions under which
  market withdrawal
  is triggered
  ;

| | (iii) | destinations for withdrawn products; |
| --- | --- | --- |

(iii)

destinations for withdrawn products;

| | (iii) | destinations for withdrawn products; |
| --- | --- | --- |

(iii)

destinations for withdrawn products;

| | (iv) | the maximum support for market withdrawals; |
| --- | --- | --- |

(iv)

the maximum support for market withdrawals;

| | (iv) | the maximum support for market withdrawals; |
| --- | --- | --- |

(iv)

the maximum support for market withdrawals;

| | (v) | prior notifications in case of market withdrawals; |
| --- | --- | --- |

(v)

prior notifications in case of market withdrawals;

| | (v) | prior notifications in case of market withdrawals; |
| --- | --- | --- |

(v)

prior notifications in case of market withdrawals;

| | (vi) | the calculation of the volume of marketed production in case of withdrawals; |
| --- | --- | --- |

(vi)

the calculation of the volume of marketed production in case of withdrawals;

| | (vi) | the calculation of the volume of marketed production in case of withdrawals; |
| --- | --- | --- |

(vi)

the calculation of the volume of marketed production in case of withdrawals;

| | (vii) | the display of the European emblem on packages of products for free distribution; |
| --- | --- | --- |

(vii)

the display of the European emblem on packages of products for free distribution;

| | (vii) | the display of the European emblem on packages of products for free distribution; |
| --- | --- | --- |

(vii)

the display of the European emblem on packages of products for free distribution;

| | (viii) | the conditions for the recipients of withdrawn products; |
| --- | --- | --- |

(viii)

the conditions for the recipients of withdrawn products;

| | (viii) | the conditions for the recipients of withdrawn products; |
| --- | --- | --- |

(viii)

the conditions for the recipients of withdrawn products;

| | (ix) | the definitions of green harvesting and non-harvesting; |
| --- | --- | --- |

(ix)

the definitions of green harvesting and non-harvesting;

| | (x) | the conditions for the application of green harvesting and non-harvesting; |
| --- | --- | --- |

(x)

the conditions for the application of green harvesting and non-harvesting;

| | (x) | the conditions for the application of green harvesting and non-harvesting; |
| --- | --- | --- |

(x)

the conditions for the application of green harvesting and non-harvesting;

| | (xi) | the
  objectives of
  harvest insurance; |
| --- | --- | --- |

(xi)

the
  objectives of
  harvest insurance;

| | (xi) | the
  implementation conditions applicable to
  harvest insurance; |
| --- | --- | --- |

(xi)

the
  implementation conditions applicable to
  harvest insurance;

| | (xii) | the definition of adverse climatic event; |
| --- | --- | --- |

(xii)

the definition of adverse climatic event;

| | (xiii) | the conditions for support for the administrative cost of setting up mutual funds; |
| --- | --- | --- |

(xiii)

the conditions for support for the administrative cost of setting up mutual funds;

| | (xiii) | the conditions for support for the administrative cost of setting up mutual funds; |
| --- | --- | --- |

(xiii)

the conditions for support for the administrative cost of setting up mutual funds;

| (e) | national financial assistance, concerning: |
| --- | --- |

(e)

national financial assistance, concerning:

| (e) | national financial assistance, concerning: |
| --- | --- |

(e)

national financial assistance, concerning:

| | (i) | the degree of organisation of producers; |
| --- | --- | --- |

(i)

the degree of organisation of producers;

| | (i) | the degree of organisation of producers; |
| --- | --- | --- |

(i)

the degree of organisation of producers;

| | (ii) | modifications of operational programmes; |
| --- | --- | --- |

(ii)

modifications of operational programmes;

| | (ii) | modifications of operational programmes; |
| --- | --- | --- |

(ii)

modifications of operational programmes;

| | (iii) | reductions of financial assistance entitlements in case of late submission of financial assistance applications; |
| --- | --- | --- |

(iii)

reductions of financial assistance entitlements in case of late submission of financial assistance applications;

| | (iii) | reductions of financial assistance entitlements in case of late submission of financial assistance applications; |
| --- | --- | --- |

(iii)

reductions of financial assistance entitlements in case of late submission of financial assistance applications;

| | (iv) | the lodging, releasing and forfeiture of securities in case of advance payments; |
| --- | --- | --- |

(iv)

the lodging, releasing and forfeiture of securities in case of advance payments;

| | (iv) | the lodging, releasing and forfeiture of securities in case of advance payments; |
| --- | --- | --- |

(iv)

the lodging, releasing and forfeiture of securities in case of advance payments;

| | (v) | the maximum proportion of union reimbursement of the national financial assistance. |
| --- | --- | --- |

(v)

the maximum proportion of union reimbursement of the national financial assistance.

| | (v) | the maximum proportion of union reimbursement of the national financial assistance. |
| --- | --- | --- |

(v)

the maximum proportion of union reimbursement of the national financial assistance.

Amendment 141

Proposal for a regulation

Article 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 38 | Article 38 |
| Compatibility and consistency | Compatibility and consistency |
| 1.   Support programmes shall be compatible with Union law and consistent with the activities, policies and priorities of the Union. | 1.   Support programmes shall be compatible with Union law and consistent with the activities, policies and priorities of the Union. |
| 2.   Member States shall be responsible for support programmes and ensure that they are internally consistent and drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment between producers. | 2.   Member States shall be responsible for support programmes and ensure that they are internally consistent and drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment between producers. |
| 3.   No support shall be granted for: | 3.   No support shall be granted for: |
| (a) | research projects and measures to support research projects without prejudice to points (d) and (e) of Article 43(3); |

Text proposed by the Commission

Amendment

Article 38

Article 38

Compatibility and consistency

Compatibility and consistency

1.   Support programmes shall be compatible with Union law and consistent with the activities, policies and priorities of the Union.

1.   Support programmes shall be compatible with Union law and consistent with the activities, policies and priorities of the Union.

2.   Member States shall be responsible for support programmes and ensure that they are internally consistent and drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment between producers.

2.   Member States shall be responsible for support programmes and ensure that they are internally consistent and drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment between producers.

3.   No support shall be granted for:

3.   No support shall be granted for:

(a)

research projects and measures to support research projects without prejudice to points (d) and (e) of Article 43(3);

| (b) | measures contained in Member States’ rural development programmes under Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD). |
| --- | --- |

(b)

measures contained in Member States’ rural development programmes under Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).

| (b) | measures contained in Member States’ rural development programmes under Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD). |
| --- | --- |

(b)

measures contained in Member States’ rural development programmes under Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).

Amendment 142

Proposal for a regulation

Article 39

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 39 | Article 39 |
| Submission of support programmes | Submission of support programmes |
| 1.   Each producer Member State listed in Annex IV shall submit to the Commission a draft five-year support programme containing at least one of the eligible measures provided in Article 40. | 1.   Each producer Member State listed in Annex IV shall submit to the Commission a draft five-year support programme containing at least one of the eligible measures provided in Article 40. |
| | 1a.
     
  The support measures in the support programmes shall be drawn up at the geographical level which the Member State deems most appropriate. The Member State shall consult the competent authorities and organisations at the appropriate territorial level on the support programme before submitting it to the Commission. |
| | 1b.
     
  Each Member State shall submit one single draft support programme, which may take into account regional particularities. |
| 2.   Support programmes shall become applicable three months after their submission to the Commission. | 2.   Support programmes shall become applicable three months after their submission to the Commission. |
| However, if the Commission, by means of an implementing act, establishes that the submitted support programme does not comply with the rules laid down in this Section, the Commission shall inform the Member State thereof. In that case, the Member State shall submit a revised support programme to the Commission. The revised support programme shall become applicable two months after its submission unless an incompatibility persists in which case this subparagraph shall apply. | However, if the Commission, by means of an implementing act, establishes that the submitted support programme does not comply with the rules laid down in this Section, the Commission shall inform the Member State thereof. In that case, the Member State shall submit a revised support programme to the Commission. The revised support programme shall become applicable two months after its submission unless an incompatibility persists in which case this subparagraph shall apply. |
| 3.   Paragraph 2 shall apply mutatis mutandis to changes in respect of support programmes submitted by Member States. | 3.   Paragraph 2 shall apply mutatis mutandis to changes in respect of support programmes submitted by Member States. |

Text proposed by the Commission

Amendment

Article 39

Article 39

Submission of support programmes

Submission of support programmes

1.   Each producer Member State listed in Annex IV shall submit to the Commission a draft five-year support programme containing at least one of the eligible measures provided in Article 40.

1.   Each producer Member State listed in Annex IV shall submit to the Commission a draft five-year support programme containing at least one of the eligible measures provided in Article 40.

1a.
     
  The support measures in the support programmes shall be drawn up at the geographical level which the Member State deems most appropriate. The Member State shall consult the competent authorities and organisations at the appropriate territorial level on the support programme before submitting it to the Commission.

1b.
     
  Each Member State shall submit one single draft support programme, which may take into account regional particularities.

2.   Support programmes shall become applicable three months after their submission to the Commission.

2.   Support programmes shall become applicable three months after their submission to the Commission.

However, if the Commission, by means of an implementing act, establishes that the submitted support programme does not comply with the rules laid down in this Section, the Commission shall inform the Member State thereof. In that case, the Member State shall submit a revised support programme to the Commission. The revised support programme shall become applicable two months after its submission unless an incompatibility persists in which case this subparagraph shall apply.

However, if the Commission, by means of an implementing act, establishes that the submitted support programme does not comply with the rules laid down in this Section, the Commission shall inform the Member State thereof. In that case, the Member State shall submit a revised support programme to the Commission. The revised support programme shall become applicable two months after its submission unless an incompatibility persists in which case this subparagraph shall apply.

3.   Paragraph 2 shall apply mutatis mutandis to changes in respect of support programmes submitted by Member States.

3.   Paragraph 2 shall apply mutatis mutandis to changes in respect of support programmes submitted by Member States.

Amendment 143

Proposal for a regulation

Article 39 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 39a |
| | Content of support programmes |
| | Support programmes shall consist of the following elements: |
| | (a) | a detailed description of the measures proposed as well as their quantified objectives; |

Text proposed by the Commission

Amendment

Article 39a

Content of support programmes

Support programmes shall consist of the following elements:

(a)

a detailed description of the measures proposed as well as their quantified objectives;

| (b) | the results of consultations held; |
| --- | --- |

(b)

the results of consultations held;

| (c) | an appraisal showing the expected technical, economic, environmental and social impact; |
| --- | --- |

(c)

an appraisal showing the expected technical, economic, environmental and social impact;

| (d) | a schedule for implementing the measures; |
| --- | --- |

(d)

a schedule for implementing the measures;

| (e) | a general financing table showing the resources to be deployed and the envisaged indicative allocation of the resources between the measures in accordance with ceilings provided for in Annex IV; |
| --- | --- |

(e)

a general financing table showing the resources to be deployed and the envisaged indicative allocation of the resources between the measures in accordance with ceilings provided for in Annex IV;

| (f) | the criteria and quantitative indicators to be used for monitoring and evaluation as well as the steps taken to ensure that the support programmes are implemented appropriately and effectively; and |
| --- | --- |

(f)

the criteria and quantitative indicators to be used for monitoring and evaluation as well as the steps taken to ensure that the support programmes are implemented appropriately and effectively; and

| (g) | the designation of competent authorities and bodies responsible for implementing the support programme. |
| --- | --- |

(g)

the designation of competent authorities and bodies responsible for implementing the support programme.

Amendment 144

Proposal for a regulation

Article 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 40 | Article 40 |
| Eligible measures | Eligible measures |
| Support programmes may contain only one or more of the following measures: | Support programmes may contain only one or more of the following measures: |
| (a) | Single Payment Scheme support in accordance with Article 42; |

Text proposed by the Commission

Amendment

Article 40

Article 40

Eligible measures

Eligible measures

Support programmes may contain only one or more of the following measures:

Support programmes may contain only one or more of the following measures:

(a)

Single Payment Scheme support in accordance with Article 42;

| (b) | promotion in accordance with Article 43; |
| --- | --- |

(b)

promotion in accordance with Article 43;

| (b) | promotion in accordance with Article 43; |
| --- | --- |

(b)

promotion in accordance with Article 43;

| (c) | restructuring and conversion of vineyards in accordance with Article 44; |
| --- | --- |

(c)

restructuring and conversion of vineyards in accordance with Article 44;

| (c) | restructuring and conversion of vineyards in accordance with Article 44; |
| --- | --- |

(c)

restructuring and conversion of vineyards in accordance with Article 44;

| (d) | green harvesting in accordance with Article 45; |
| --- | --- |

(d)

green harvesting in accordance with Article 45;

| (d) | green harvesting in accordance with Article 45; |
| --- | --- |

(d)

green harvesting in accordance with Article 45;

| (e) | mutual funds in accordance with Article 46; |
| --- | --- |

(e)

mutual funds in accordance with Article 46;

| (e) | mutual funds in accordance with Article 46; |
| --- | --- |

(e)

mutual funds in accordance with Article 46;

| (f) | harvest insurance in accordance with Article 47; |
| --- | --- |

(f)

harvest insurance in accordance with Article 47;

| (f) | harvest insurance in accordance with Article 47; |
| --- | --- |

(f)

harvest insurance in accordance with Article 47;

| (g) | investments in accordance with Article 48; |
| --- | --- |

(g)

investments in accordance with Article 48;

| (g) | investments in accordance with Article 48; |
| --- | --- |

(g)

investments in accordance with Article 48;

| (h) | by-product distillation in accordance with Article 49. |
| --- | --- |

(h)

by-product distillation in accordance with Article 49.

| (h) | by-product distillation in accordance with Article 49; |
| --- | --- |

(h)

by-product distillation in accordance with Article 49;

| (ha) | research and development pursuant to Article 43a; |
| --- | --- |

(ha)

research and development pursuant to Article 43a;

| (hb) | the support programme for wine growing on steep-slope sites pursuant to Article 44a. |
| --- | --- |

(hb)

the support programme for wine growing on steep-slope sites pursuant to Article 44a.

Amendment 145

Proposal for a regulation

Article 42

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 42 | deleted |
| Single Payment Scheme and support to vine-growers | |
| Support programmes may only include support to vine-growers in the form of allocation of payment entitlements decided by Member States by 1 December 2012 under Article 137 of Regulation (EU) No [COM(2010)799] and under the conditions set out in that Article. | |

Text proposed by the Commission

Amendment

Article 42

deleted

Single Payment Scheme and support to vine-growers

Support programmes may only include support to vine-growers in the form of allocation of payment entitlements decided by Member States by 1 December 2012 under Article 137 of Regulation (EU) No [COM(2010)799] and under the conditions set out in that Article.

Amendment 146

Proposal for a regulation

Article 43

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 43 | Article 43 |
| Promotion

  in third-countries | Promotion |
| 1.   Support under this Article shall cover information or promotion measures concerning Union wines in third countries, thereby improving their competitiveness
  in those countries
  . | 1.   Support under this Article shall cover information or promotion measures concerning Union wines
  first and foremost
  in third countries,
  and also on the internal market
  , thereby improving their competitiveness. |
| 2.   The measures referred to in paragraph 1 shall apply to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety. | 2.   The measures referred to in paragraph 1 shall apply to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety. |
| 3.   The measures referred to in paragraph 1 may consist only of: | 3.   The measures referred to in paragraph 1 may consist only of: |
| (a) | public relations, promotion or advertisement measures, in particular highlighting the advantages of the Union products, especially in terms of quality, food safety or environmental
  friendliness
  ; |

Text proposed by the Commission

Amendment

Article 43

Article 43

Promotion

  in third-countries

Promotion

1.   Support under this Article shall cover information or promotion measures concerning Union wines in third countries, thereby improving their competitiveness
  in those countries
  .

1.   Support under this Article shall cover information or promotion measures concerning Union wines
  first and foremost
  in third countries,
  and also on the internal market
  , thereby improving their competitiveness.

2.   The measures referred to in paragraph 1 shall apply to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety.

2.   The measures referred to in paragraph 1 shall apply to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety.

3.   The measures referred to in paragraph 1 may consist only of:

3.   The measures referred to in paragraph 1 may consist only of:

(a)

public relations, promotion or advertisement measures, in particular highlighting the advantages of the Union products, especially in terms of quality, food safety or environmental
  friendliness
  ;

| (a) | public relations, promotion or advertisement measures, in particular highlighting the advantages of the Union products, especially in terms of quality, food safety or environmental
  standards
  ; |
| --- | --- |

(a)

public relations, promotion or advertisement measures, in particular highlighting the advantages of the Union products, especially in terms of quality, food safety or environmental
  standards
  ;

| (b) | participation at events, fairs or exhibitions of international importance; |
| --- | --- |

(b)

participation at events, fairs or exhibitions of international importance;

| (b) | participation at events, fairs or exhibitions of international importance; |
| --- | --- |

(b)

participation at events, fairs or exhibitions of international importance;

| (c) | information campaigns, in particular on the Union systems covering designations of origin, geographical indications and organic production; |
| --- | --- |

(c)

information campaigns, in particular on the Union systems covering designations of origin, geographical indications and organic production;

| (c) | information campaigns, in particular on the Union systems covering designations of origin, geographical indications and organic production; |
| --- | --- |

(c)

information campaigns, in particular on the Union systems covering designations of origin, geographical indications and organic production;

| (d) | studies of new markets, necessary for the expansion of market outlets; |
| --- | --- |

(d)

studies of new markets, necessary for the expansion of market outlets;

| (d) | studies of new markets, necessary for the expansion of market outlets; |
| --- | --- |

(d)

studies of new markets, necessary for the expansion of market outlets;

| (e) | studies to evaluate the results of the information and promotion measures. |
| --- | --- |

(e)

studies to evaluate the results of the information and promotion measures.

| (e) | studies to evaluate the results of the information and promotion measures. |
| --- | --- |

(e)

studies to evaluate the results of the information and promotion measures.

4.   The Union contribution to promotion activities referred to in paragraph 1 shall not exceed 50 % of the eligible expenditure.

4.   The Union contribution to promotion activities referred to in paragraph 1 shall not exceed 50 % of the eligible expenditure.

Amendment 147

Proposal for a regulation

Article 43 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 43a |
| | Research and development |
| | Support for research and development shall make it possible to fund research projects geared, in particular, to improving the quality of products, the environmental impact of production and health safety in the wine sector. |

Text proposed by the Commission

Amendment

Article 43a

Research and development

Support for research and development shall make it possible to fund research projects geared, in particular, to improving the quality of products, the environmental impact of production and health safety in the wine sector.

Amendment 148

Proposal for a regulation

Article 43 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 43b |
| | Exchanges of best practices with regard to advanced systems of sustainable production |
| | 1.
     
  Support under this article shall cover measures supporting the exchange of best practices with regard to advanced systems of sustainable production and, thereby, enabling farmers to acquire new competencies. |
| | 2.
     
  The measures referred to in paragraph 1 shall apply to advanced systems of wine-growing and wine production which increase soil cover, substantially reduce the use of pesticides and chemical fertilisers or increase diversity of varieties and which go beyond the cross-compliance requirements provided for in Title VI of Regulation (EU) No [...] [horizontal CAP Regulation]. |
| | 3.
     
  The measures referred to in paragraph 1 may include: |
| | (a) | selecting, describing and publicising best practices with regard to advanced sustainable wine-growing practices; |

Text proposed by the Commission

Amendment

Article 43b

Exchanges of best practices with regard to advanced systems of sustainable production

1.
     
  Support under this article shall cover measures supporting the exchange of best practices with regard to advanced systems of sustainable production and, thereby, enabling farmers to acquire new competencies.

2.
     
  The measures referred to in paragraph 1 shall apply to advanced systems of wine-growing and wine production which increase soil cover, substantially reduce the use of pesticides and chemical fertilisers or increase diversity of varieties and which go beyond the cross-compliance requirements provided for in Title VI of Regulation (EU) No [...] [horizontal CAP Regulation].

3.
     
  The measures referred to in paragraph 1 may include:

(a)

selecting, describing and publicising best practices with regard to advanced sustainable wine-growing practices;

| (b) | providing agricultural training and increasing competencies in relation to advanced sustainable farming systems. |
| --- | --- |

(b)

providing agricultural training and increasing competencies in relation to advanced sustainable farming systems.

Amendment 149

Proposal for a regulation

Article 44

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 44 | Article 44 |
| Restructuring and conversion of vineyards | Restructuring and conversion of vineyards |
| 1.   The objective of measures relating to the restructuring and conversion of vineyards shall be to increase the competitiveness of wine producers. | 1.   The objective of measures relating to the restructuring and conversion of vineyards shall be to increase the competitiveness of wine producers. |
| 2.   The restructuring and conversion of vineyards shall be supported if Member States submit the inventory of their production potential in accordance with Article 102(3). | 2.   The restructuring and conversion of vineyards shall be supported if Member States submit the inventory of their production potential in accordance with Article 102(3). |
| 3.   Support for the restructuring and conversion of vineyards may only cover one or more of the following activities: | 3.   Support for the restructuring and conversion of vineyards may only cover one or more of the following activities: |
| (a) | varietal conversion, including by means of grafting-on; |

Text proposed by the Commission

Amendment

Article 44

Article 44

Restructuring and conversion of vineyards

Restructuring and conversion of vineyards

1.   The objective of measures relating to the restructuring and conversion of vineyards shall be to increase the competitiveness of wine producers.

1.   The objective of measures relating to the restructuring and conversion of vineyards shall be to increase the competitiveness of wine producers.

2.   The restructuring and conversion of vineyards shall be supported if Member States submit the inventory of their production potential in accordance with Article 102(3).

2.   The restructuring and conversion of vineyards shall be supported if Member States submit the inventory of their production potential in accordance with Article 102(3).

3.   Support for the restructuring and conversion of vineyards may only cover one or more of the following activities:

3.   Support for the restructuring and conversion of vineyards may only cover one or more of the following activities:

(a)

varietal conversion, including by means of grafting-on;

| (a) | varietal conversion, including by means of grafting-on; |
| --- | --- |

(a)

varietal conversion, including by means of grafting-on;

| (b) | relocation of vineyards; |
| --- | --- |

(b)

relocation of vineyards;

| (b) | relocation of vineyards; |
| --- | --- |

(b)

relocation of vineyards;

| (c) | improvements to vineyard management techniques. |
| --- | --- |

(c)

improvements to vineyard management techniques.

| (c) | improvements to vineyard management techniques. |
| --- | --- |

(c)

improvements to vineyard management techniques.

| (ca) | reducing the use of pesticides; |
| --- | --- |

(ca)

reducing the use of pesticides;

| (cb) | replanting for health reasons, when no technical solution is available to save the production in place. |
| --- | --- |

(cb)

replanting for health reasons, when no technical solution is available to save the production in place.

The normal renewal of vineyards
  which
  have come to the end of their natural life shall not be supported.

The normal renewal of vineyards
  that is, the replanting of the same parcel of land with the same variety according to the same system of vine cultivation, when vines
  have come to the end of their natural life shall not be supported.

Member States may lay down further specifications, especially as regards the age of the vineyards replaced.

4.   Support for the restructuring and conversion of vineyards may only take the following forms:

4.   Support for
  improving wine production systems and for
  restructuring and conversion of vineyards may only take the following forms:

| (a) | compensation to producers for the loss of revenue due to the implementation of the measure; |
| --- | --- |

(a)

compensation to producers for the loss of revenue due to the implementation of the measure;

| (a) | compensation to producers for the loss of revenue due to the implementation of the measure; |
| --- | --- |

(a)

compensation to producers for the loss of revenue due to the implementation of the measure;

| (b) | contribution to the costs of restructuring and conversion. |
| --- | --- |

(b)

contribution to the costs of restructuring and conversion.

| (b) | contribution to the costs of restructuring and conversion. |
| --- | --- |

(b)

contribution to the costs of restructuring and conversion.

5.   Compensation to producers for the loss of revenue referred to in point (a) of paragraph 4 may cover up to 100 % of the relevant loss and take one of the following forms:

5.   Compensation to producers for the loss of revenue referred to in point (a) of paragraph 4 may cover up to 100 % of the relevant loss and take one of the following forms:

| (a) | notwithstanding Subsection II of Section V of Chapter III of Title I of Part II of Regulation (EU) No
  [COM(2010)799]
  setting out the transitional planting right regime, the permission for old and new vines to coexist until the end of the transitional regime for a maximum period which shall not exceed three years; |
| --- | --- |

(a)

notwithstanding Subsection II of Section V of Chapter III of Title I of Part II of Regulation (EU) No
  [COM(2010)799]
  setting out the transitional planting right regime, the permission for old and new vines to coexist until the end of the transitional regime for a maximum period which shall not exceed three years;

| (a) | notwithstanding Subsection II of Section V of Chapter III of Title I of Part II of Regulation
  (EC) No 1234/2007
  setting out the transitional planting right regime, the permission for old and new vines to coexist until the end of the transitional regime for a maximum period which shall not exceed three years; |
| --- | --- |

(a)

notwithstanding Subsection II of Section V of Chapter III of Title I of Part II of Regulation
  (EC) No 1234/2007
  setting out the transitional planting right regime, the permission for old and new vines to coexist until the end of the transitional regime for a maximum period which shall not exceed three years;

| (b) | financial compensation. |
| --- | --- |

(b)

financial compensation.

| (b) | financial compensation. |
| --- | --- |

(b)

financial compensation.

6.   The Union contribution to the actual costs of the restructuring and conversion of vineyards shall not exceed 50 %. In less developed regions the Union contribution to the costs of restructuring and conversion shall not exceed 75 %.

6.   The Union contribution to the actual costs of the restructuring and conversion of vineyards shall not exceed 50 %. In less developed regions the Union contribution to the costs of restructuring and conversion shall not exceed 75 %.

Amendment 150

Proposal for a regulation

Article 44 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 44a |
| | Support programme for wine growing on steep-slope sites |
| | The measures taken as part of the support programme for wine growing on steep-slope sites shall be designed to safeguard wine growing on labour-intensive slope, steep-slope and terrace sites in the long term by improving its competitiveness. |
| | The support may take the form of a flat-rate per-hectare payment to be set by the Member State concerned or a modulated payment determined by the steepness of the site. |

Text proposed by the Commission

Amendment

Article 44a

Support programme for wine growing on steep-slope sites

The measures taken as part of the support programme for wine growing on steep-slope sites shall be designed to safeguard wine growing on labour-intensive slope, steep-slope and terrace sites in the long term by improving its competitiveness.

The support may take the form of a flat-rate per-hectare payment to be set by the Member State concerned or a modulated payment determined by the steepness of the site.

Amendment 151

Proposal for a regulation

Article 45

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 45 | Article 45 |
| Green harvesting | Green harvesting |
| 1.   For the purposes of this Article, green harvesting shall mean the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero. | 1.   For the purposes of this Article, green harvesting shall mean the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero. |
| | Leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall not be considered to be green harvesting. |
| 2.   Support for green harvesting shall contribute to restoring the balance of supply and demand in the Union wine market in order to prevent market crises. | 2.   Support for green harvesting shall contribute to
  improving the quality of the grapes and to restoring
  the balance of supply and demand in the Union wine market in order to prevent market crises. |
| 3.   Support for green harvesting may be granted as compensation in the form of a flat rate payment per hectare to be determined by the Member State concerned. | 3.   Support for green harvesting may be granted as compensation in the form of a flat rate payment per hectare to be determined by the Member State concerned. |
| The payment shall not exceed 50 % of the sum of the direct costs of the destruction or removal of grape bunches and the loss of revenue related to such destruction or removal. | The payment shall not exceed 50 % of the sum of the direct costs of the destruction or removal of grape bunches and the loss of revenue related to such destruction or removal. |
| 4.   The Member States concerned shall establish a system based on objective criteria to ensure that the green harvesting measure does not lead to compensation of individual wine producers in excess of the ceiling referred to in the second subparagraph of paragraph 3. | 4.   The Member States concerned shall establish a system based on objective criteria to ensure that the green harvesting measure does not lead to compensation of individual wine producers in excess of the ceiling referred to in the second subparagraph of paragraph 3. |

Text proposed by the Commission

Amendment

Article 45

Article 45

Green harvesting

Green harvesting

1.   For the purposes of this Article, green harvesting shall mean the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero.

1.   For the purposes of this Article, green harvesting shall mean the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero.

Leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall not be considered to be green harvesting.

2.   Support for green harvesting shall contribute to restoring the balance of supply and demand in the Union wine market in order to prevent market crises.

2.   Support for green harvesting shall contribute to
  improving the quality of the grapes and to restoring
  the balance of supply and demand in the Union wine market in order to prevent market crises.

3.   Support for green harvesting may be granted as compensation in the form of a flat rate payment per hectare to be determined by the Member State concerned.

3.   Support for green harvesting may be granted as compensation in the form of a flat rate payment per hectare to be determined by the Member State concerned.

The payment shall not exceed 50 % of the sum of the direct costs of the destruction or removal of grape bunches and the loss of revenue related to such destruction or removal.

The payment shall not exceed 50 % of the sum of the direct costs of the destruction or removal of grape bunches and the loss of revenue related to such destruction or removal.

4.   The Member States concerned shall establish a system based on objective criteria to ensure that the green harvesting measure does not lead to compensation of individual wine producers in excess of the ceiling referred to in the second subparagraph of paragraph 3.

4.   The Member States concerned shall establish a system based on objective criteria to ensure that the green harvesting measure does not lead to compensation of individual wine producers in excess of the ceiling referred to in the second subparagraph of paragraph 3.

Amendment 152

Proposal for a regulation

Article 47

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 47 | Article 47 |
| Harvest insurance | Harvest insurance |
| 1.   Support for harvest insurance shall contribute to safeguarding producers’ incomes where these are affected by natural disasters, adverse climatic events, diseases or pest infestations. | 1.   Support for harvest insurance shall contribute to safeguarding producers’ incomes
  and to covering market losses incurred by producer organisations and/or their members
  where these are affected by natural disasters, adverse climatic events, diseases or pest infestations. |
| | Beneficiaries shall be required to prove that they have taken the necessary risk prevention measures. |
| 2.   Support for harvest insurance may be granted in the form of a Union financial contribution which shall not exceed: | 2.   Support for harvest insurance may be granted in the form of a Union financial contribution which shall not exceed: |
| (a) | 80 % of the cost of the insurance premiums paid for by producers for insurance against losses resulting from adverse climatic events which can be assimilated to natural disasters; |

Text proposed by the Commission

Amendment

Article 47

Article 47

Harvest insurance

Harvest insurance

1.   Support for harvest insurance shall contribute to safeguarding producers’ incomes where these are affected by natural disasters, adverse climatic events, diseases or pest infestations.

1.   Support for harvest insurance shall contribute to safeguarding producers’ incomes
  and to covering market losses incurred by producer organisations and/or their members
  where these are affected by natural disasters, adverse climatic events, diseases or pest infestations.

Beneficiaries shall be required to prove that they have taken the necessary risk prevention measures.

2.   Support for harvest insurance may be granted in the form of a Union financial contribution which shall not exceed:

2.   Support for harvest insurance may be granted in the form of a Union financial contribution which shall not exceed:

(a)

80 % of the cost of the insurance premiums paid for by producers for insurance against losses resulting from adverse climatic events which can be assimilated to natural disasters;

| (a) | 80 % of the cost of the insurance premiums paid for by producers
  , producer organisations and/or cooperatives
  for insurance against losses resulting from adverse climatic events which can be assimilated to natural disasters; |
| --- | --- |

(a)

80 % of the cost of the insurance premiums paid for by producers
  , producer organisations and/or cooperatives
  for insurance against losses resulting from adverse climatic events which can be assimilated to natural disasters;

| (b) | 50 % of the cost of the insurance premiums paid for by producers for insurance against: |
| --- | --- |

(b)

50 % of the cost of the insurance premiums paid for by producers for insurance against:

| (b) | 50 % of the cost of the insurance premiums paid for by producers for insurance against: |
| --- | --- |

(b)

50 % of the cost of the insurance premiums paid for by producers for insurance against:

| | (i) | losses referred to in point (a) and against other losses caused by adverse climatic events; |
| --- | --- | --- |

(i)

losses referred to in point (a) and against other losses caused by adverse climatic events;

| | (i) | losses referred to in point (a) and against other losses caused by adverse climatic events; |
| --- | --- | --- |

(i)

losses referred to in point (a) and against other losses caused by adverse climatic events;

| | (ii) | losses caused by animals, plant diseases or pest infestations. |
| --- | --- | --- |

(ii)

losses caused by animals, plant diseases or pest infestations.

| | (ii) | losses caused by animals, plant diseases or pest infestations. |
| --- | --- | --- |

(ii)

losses caused by animals, plant diseases or pest infestations.

3.   Support for harvest insurance may be granted if the insurance payments concerned do not compensate producers for more than 100 % of the income loss suffered, taking into account any compensation the producers may have obtained from other support schemes related to the insured risk.

3.   Support for harvest insurance may be granted if the insurance payments concerned do not compensate producers for more than 100 % of the income loss suffered, taking into account any compensation the producers may have obtained from other support schemes related to the insured risk.

4.   Support for harvest insurance shall not distort competition in the insurance market.

4.   Support for harvest insurance shall not distort competition in the insurance market.

Amendment 153

Proposal for a regulation

Article 48

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 48 | Article 48 |
| Investments | Investments |
| 1.   Support may be granted for tangible or intangible investments in processing facilities, winery infrastructure and marketing
  of wine
  which improve the overall performance of the enterprise and concern one or more of the following: | 1.   Support may be granted for tangible or intangible investments in processing facilities, winery infrastructure
  , and distilleries, as well as
  marketing
  structures and tools, including the registration of collective marks. Those investments shall be intended to
  improve the overall performance of the enterprise
  and its adaptation to market demands, as well as to increase its competitiveness on the internal market and in third country markets,
  and
  shall
  concern one or more of the following: |
| (a) | the production or marketing of grapevine products referred to in Part II of Annex VI; |

Text proposed by the Commission

Amendment

Article 48

Article 48

Investments

Investments

1.   Support may be granted for tangible or intangible investments in processing facilities, winery infrastructure and marketing
  of wine
  which improve the overall performance of the enterprise and concern one or more of the following:

1.   Support may be granted for tangible or intangible investments in processing facilities, winery infrastructure
  , and distilleries, as well as
  marketing
  structures and tools, including the registration of collective marks. Those investments shall be intended to
  improve the overall performance of the enterprise
  and its adaptation to market demands, as well as to increase its competitiveness on the internal market and in third country markets,
  and
  shall
  concern one or more of the following:

(a)

the production or marketing of grapevine products referred to in Part II of Annex VI;

| (a) | the production or marketing of grapevine products referred to in Part II of Annex VI; |
| --- | --- |

(a)

the production or marketing of grapevine products referred to in Part II of Annex VI;

| (b) | the development of new products, processes and technologies concerning the products referred to in Part II of Annex VI. |
| --- | --- |

(b)

the development of new products, processes and technologies concerning the products referred to in Part II of Annex VI.

| (b) | the development of new products, processes and technologies concerning the products referred to in Part II of Annex VI. |
| --- | --- |

(b)

the development of new products, processes and technologies concerning the products referred to in Part II of Annex VI.

| (ba) | the development of advanced agronomic and sustainable production measures; |
| --- | --- |

(ba)

the development of advanced agronomic and sustainable production measures;

| (bb) | processing of by-products of distilleries or investment which helps to improve their energy savings and their global energy efficiency. |
| --- | --- |

(bb)

processing of by-products of distilleries or investment which helps to improve their energy savings and their global energy efficiency.

2.   Support under paragraph 1 at its maximum rate shall apply only to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises.

2.   Support under paragraph 1 at its maximum rate shall apply only to
  producer organisations and to
  micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises.

By way of derogation from the first subparagraph, the maximum rate may apply to all enterprises for the outermost regions referred to in Article 349 of the Treaty and the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006 . For enterprises not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC with less than 750 employees or with a turnover of less than EUR 200 million, the maximum aid intensity shall be halved.

By way of derogation from the first subparagraph, the maximum rate may apply to all enterprises for the outermost regions referred to in Article 349 of the Treaty and the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006 . For enterprises not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC with less than 750 employees or with a turnover of less than EUR 200 million, the maximum aid intensity shall be halved.

Support shall not be granted to enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty.

Support shall not be granted to enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty.

3.   The eligible expenditure shall exclude the non-eligible costs referred to in paragraph 3 of Article 59 of Regulation (EU) No [COM(2011)615].

3.   The eligible expenditure shall exclude the non-eligible costs referred to in paragraph 3 of Article 59 of Regulation (EU) No [COM(2011)0615].

4.   The following maximum aid rates concerning the eligible investment costs shall apply to the Union contribution:

4.   The following maximum aid rates concerning the eligible investment costs shall apply to the Union contribution:

| (a) | 50 % in less developed regions; |
| --- | --- |

(a)

50 % in less developed regions;

| (a) | 50 % in less developed regions; |
| --- | --- |

(a)

50 % in less developed regions;

| (b) | 40 % in regions other than less developed regions; |
| --- | --- |

(b)

40 % in regions other than less developed regions;

| (b) | 40 % in regions other than less developed regions; |
| --- | --- |

(b)

40 % in regions other than less developed regions;

| (c) | 75 % in the outermost regions referred to in Article 349 of the Treaty; |
| --- | --- |

(c)

75 % in the outermost regions referred to in Article 349 of the Treaty;

| (c) | 75 % in the outermost regions referred to in Article 349 of the Treaty; |
| --- | --- |

(c)

75 % in the outermost regions referred to in Article 349 of the Treaty;

| (d) | 65 % in the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006. |
| --- | --- |

(d)

65 % in the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006.

| (d) | 65 % in the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006. |
| --- | --- |

(d)

65 % in the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006.

5.   Article 61 of Regulation (EU) No [COM(2011)615] shall apply mutatis mutandis to support referred to in paragraph 1 of this Article.

5.   Article 61 of Regulation (EU) No [COM(2011)0615] shall apply mutatis mutandis to support referred to in paragraph 1 of this Article.

Amendment 154

Proposal for a regulation

Article 49

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 49 | Article 49 |
| By-product distillation | By-product distillation |
| 1.   Support may be granted for the voluntary or obligatory distillation of by-products of wine making which has been carried out in accordance with the conditions laid down in Section D of Part II of Annex VII. | 1.   Support may be granted for the voluntary or obligatory distillation of by-products of wine making which has been carried out in accordance with the conditions laid down in Section D of Part II of Annex VII. |
| The amount of aid shall be fixed per % volume and per hectolitre of alcohol produced. No aid shall be paid for the volume of alcohol contained in the by-products to be distilled which exceeds 10 % in relation to the volume of alcohol contained in the wine produced. | The amount of aid shall be fixed per % volume and per hectolitre of alcohol produced. No aid shall be paid for the volume of alcohol contained in the by-products to be distilled which exceeds 10 % in relation to the volume of alcohol contained in the wine produced. |
| | 1a.
     
  The aid shall be paid to distillers that process the products delivered for distillation into raw alcohol with an alcoholic strength of at least 92 % vol. |
| | Member States may make the granting of support conditional upon the lodging of a security by the beneficiary. |
| 2.   The maximum applicable aid levels shall be based on collection and processing costs and fixed by the Commission by means of implementing acts pursuant to Article 51. | 2.   The maximum applicable aid levels shall be based on collection and processing costs and fixed by the Commission by means of implementing acts pursuant to Article 51. |
| | 2a.
     
  The relevant aid shall include a lump-sum amount destined to compensate the costs of collection of these products which are to be transferred from the distiller to the producer, if the relevant costs are borne by the latter. |
| 3.   The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes to avoid distortion of competition. | 3.   The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes to avoid distortion of competition. |
| | 3a.
     
  In order to prevent dual support being granted for distillation, the alcohol referred to in paragraph 3 shall not be subject to the preference referred to in Article 21(2) of Directive 2009/28/EC concerning biofuels produced from wastes and their contribution towards attaining the final consumption rate for energy from renewable sources in transport being considered to be twice that made by other biofuels. |

Text proposed by the Commission

Amendment

Article 49

Article 49

By-product distillation

By-product distillation

1.   Support may be granted for the voluntary or obligatory distillation of by-products of wine making which has been carried out in accordance with the conditions laid down in Section D of Part II of Annex VII.

1.   Support may be granted for the voluntary or obligatory distillation of by-products of wine making which has been carried out in accordance with the conditions laid down in Section D of Part II of Annex VII.

The amount of aid shall be fixed per % volume and per hectolitre of alcohol produced. No aid shall be paid for the volume of alcohol contained in the by-products to be distilled which exceeds 10 % in relation to the volume of alcohol contained in the wine produced.

The amount of aid shall be fixed per % volume and per hectolitre of alcohol produced. No aid shall be paid for the volume of alcohol contained in the by-products to be distilled which exceeds 10 % in relation to the volume of alcohol contained in the wine produced.

1a.
     
  The aid shall be paid to distillers that process the products delivered for distillation into raw alcohol with an alcoholic strength of at least 92 % vol.

Member States may make the granting of support conditional upon the lodging of a security by the beneficiary.

2.   The maximum applicable aid levels shall be based on collection and processing costs and fixed by the Commission by means of implementing acts pursuant to Article 51.

2.   The maximum applicable aid levels shall be based on collection and processing costs and fixed by the Commission by means of implementing acts pursuant to Article 51.

2a.
     
  The relevant aid shall include a lump-sum amount destined to compensate the costs of collection of these products which are to be transferred from the distiller to the producer, if the relevant costs are borne by the latter.

3.   The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes to avoid distortion of competition.

3.   The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes to avoid distortion of competition.

3a.
     
  In order to prevent dual support being granted for distillation, the alcohol referred to in paragraph 3 shall not be subject to the preference referred to in Article 21(2) of Directive 2009/28/EC concerning biofuels produced from wastes and their contribution towards attaining the final consumption rate for energy from renewable sources in transport being considered to be twice that made by other biofuels.

Amendment 509

Proposal for a regulation

Article 49 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 49a |
| | Funding for concentrated grape must |
| | 1.
     
  Support may be granted to wine producers who use concentrated grape must, including rectified concentrated grape must, to increase the natural alcoholic strength of products, in accordance with the conditions laid down in Annex XVa. |
| | 2.
     
  The amount of the aid shall be fixed per % volume potential alcoholic strength and per hectolitre of the must used for enrichment. |
| | 3.
     
  The maximum applicable aid levels for this measure in the different wine growing zones shall be fixed by the Commission. |

Text proposed by the Commission

Amendment

Article 49a

Funding for concentrated grape must

1.
     
  Support may be granted to wine producers who use concentrated grape must, including rectified concentrated grape must, to increase the natural alcoholic strength of products, in accordance with the conditions laid down in Annex XVa.

2.
     
  The amount of the aid shall be fixed per % volume potential alcoholic strength and per hectolitre of the must used for enrichment.

3.
     
  The maximum applicable aid levels for this measure in the different wine growing zones shall be fixed by the Commission.

Amendment 155

Proposal for a regulation

Article 50

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 50 | Article 50 |
| Delegated powers | Delegated powers |
| Taking into account the need to ensure that support programmes meet their objectives and that there is a targeted use of European Funds, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, establishing rules: | Taking into account the need to ensure that support programmes meet their objectives and that there is a targeted use of European Funds, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, establishing rules: |
| (a) | on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability; |

Text proposed by the Commission

Amendment

Article 50

Article 50

Delegated powers

Delegated powers

Taking into account the need to ensure that support programmes meet their objectives and that there is a targeted use of European Funds, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, establishing rules:

Taking into account the need to ensure that support programmes meet their objectives and that there is a targeted use of European Funds, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, establishing rules:

(a)

on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability;

| (a) | on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability; |
| --- | --- |

(a)

on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability;

| (b) | on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure; |
| --- | --- |

(b)

on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure;

| (b) | on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure; |
| --- | --- |

(b)

on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure;

| (c) | on changes to support programmes after they have become applicable; |
| --- | --- |

(c)

on changes to support programmes after they have become applicable;

| (c) | on changes to support programmes after they have become applicable; |
| --- | --- |

(c)

on changes to support programmes after they have become applicable;

| (d) | on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made; |
| --- | --- |

(d)

on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made;

| (d) | on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made; |
| --- | --- |

(d)

on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made;

| (e) | containing general provisions and definitions for the purposes of this Section; |
| --- | --- |

(e)

containing general provisions and definitions for the purposes of this Section;

| (f) | to avoid misuse of the support measures and double funding of projects; |
| --- | --- |

(f)

to avoid misuse of the support measures and double funding of projects;

| (f) | to avoid misuse of the support measures and double funding of projects; |
| --- | --- |

(f)

to avoid misuse of the support measures and double funding of projects;

| (g) | under which producers shall withdraw the by-products of winemaking and exceptions from this obligation to avoid additional administrative burden and rules for the voluntary certification of distillers; |
| --- | --- |

(g)

under which producers shall withdraw the by-products of winemaking and exceptions from this obligation to avoid additional administrative burden and rules for the voluntary certification of distillers;

| (g) | under which producers shall withdraw the by-products of winemaking and exceptions from this obligation to avoid additional administrative burden and rules for the voluntary certification of distillers; |
| --- | --- |

(g)

under which producers shall withdraw the by-products of winemaking and exceptions from this obligation to avoid additional administrative burden and rules for the voluntary certification of distillers;

| (h) | laying down requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures; |
| --- | --- |

(h)

laying down requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures;

| (h) | laying down requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures; |
| --- | --- |

(h)

laying down requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures;

| (i) | regarding payments to beneficiaries and payments through insurance intermediaries in the case of support for harvest insurance provided for in Article 47. |
| --- | --- |

(i)

regarding payments to beneficiaries and payments through insurance intermediaries in the case of support for harvest insurance provided for in Article 47.

| (i) | regarding payments to beneficiaries and payments through insurance intermediaries in the case of support for harvest insurance provided for in Article 47. |
| --- | --- |

(i)

regarding payments to beneficiaries and payments through insurance intermediaries in the case of support for harvest insurance provided for in Article 47.

Amendment 156

Proposal for a regulation

Article 52

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 52 | Article 52 |
| National programmes and financing | National programmes and financing |
| 1.   Member States may draw up national programmes for the apiculture sector covering a period of three years. | 1.   Member States may draw up national programmes for the apiculture sector covering a period of three years.
  These programmes shall be developed in cooperation with representative organisations and cooperatives in the beekeeping field. |
| 2.   The Union contribution to the apiculture programmes shall not exceed 50 % of the expenditure borne by Member States. | 2.   The Union contribution to the apiculture programmes shall not exceed
  60
   % of the expenditure borne by Member States. |
| 3.   To be eligible for the Union contribution provided for in paragraph 2, Member States shall carry out a study of the production and marketing structure in the beekeeping sector in their territory. | 3.   To be eligible for the Union contribution provided for in paragraph 2, Member States
  shall establish a reliable beehive identification system which makes it possible to perform regular censuses of bee populations and
  shall carry out a study of the production and marketing structure in the beekeeping sector in their territory. |
| | 3a.
     
  The following measures may be included in apiculture programmes: |
| | (a) | technical assistance to beekeepers and beekeepers’ organisations; |

Text proposed by the Commission

Amendment

Article 52

Article 52

National programmes and financing

National programmes and financing

1.   Member States may draw up national programmes for the apiculture sector covering a period of three years.

1.   Member States may draw up national programmes for the apiculture sector covering a period of three years.
  These programmes shall be developed in cooperation with representative organisations and cooperatives in the beekeeping field.

2.   The Union contribution to the apiculture programmes shall not exceed 50 % of the expenditure borne by Member States.

2.   The Union contribution to the apiculture programmes shall not exceed
  60
   % of the expenditure borne by Member States.

3.   To be eligible for the Union contribution provided for in paragraph 2, Member States shall carry out a study of the production and marketing structure in the beekeeping sector in their territory.

3.   To be eligible for the Union contribution provided for in paragraph 2, Member States
  shall establish a reliable beehive identification system which makes it possible to perform regular censuses of bee populations and
  shall carry out a study of the production and marketing structure in the beekeeping sector in their territory.

3a.
     
  The following measures may be included in apiculture programmes:

(a)

technical assistance to beekeepers and beekeepers’ organisations;

| (b) | combating beehive invaders and diseases, particularly varroosis; |
| --- | --- |

(b)

combating beehive invaders and diseases, particularly varroosis;

| (c) | rationalisation of transhumance; |
| --- | --- |

(c)

rationalisation of transhumance;

| (d) | measures to support laboratories for the analysis of apiculture products with the aim of helping beekeepers to market and increase the value of their products; |
| --- | --- |

(d)

measures to support laboratories for the analysis of apiculture products with the aim of helping beekeepers to market and increase the value of their products;

| (e) | monitoring of the bee population of the Union and support for restocking; |
| --- | --- |

(e)

monitoring of the bee population of the Union and support for restocking;

| (f) | cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products; |
| --- | --- |

(f)

cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products;

| (g) | market monitoring; |
| --- | --- |

(g)

market monitoring;

| (h) | enhancement of product quality with a view to exploiting the potential of products on the market; |
| --- | --- |

(h)

enhancement of product quality with a view to exploiting the potential of products on the market;

| (i) | compulsory labelling with the country of origin of apiculture projects imported or produced in the Union and, in the case of mixtures or products of different origins, compulsory labelling with the proportion of each country of origin. |
| --- | --- |

(i)

compulsory labelling with the country of origin of apiculture projects imported or produced in the Union and, in the case of mixtures or products of different origins, compulsory labelling with the proportion of each country of origin.

3b.
     
  In the case of farmers who are also beekeepers, the following measures may also be included in apiculture programmes:

| (a) | precautionary measures, including those improving bee health and reducing negative impacts on them, through the use of alternatives to pesticide use, biological control methods and integrated pest management; |
| --- | --- |

(a)

precautionary measures, including those improving bee health and reducing negative impacts on them, through the use of alternatives to pesticide use, biological control methods and integrated pest management;

| (b) | specific measures to increase plant diversity on farm, particularly melliferous plant species for apiculture |
| --- | --- |

(b)

specific measures to increase plant diversity on farm, particularly melliferous plant species for apiculture

Amendment 157

Proposal for a regulation

Article 53

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 53 | Article 53 |
| Delegated powers | Delegated powers |
| Taking into account the need to ensure a targeted use of Union funds for apiculture, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on: | Taking into account the need to ensure a targeted use of Union funds for apiculture, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on: |
| (a) | the measures which may be included in apiculture programmes, |

Text proposed by the Commission

Amendment

Article 53

Article 53

Delegated powers

Delegated powers

Taking into account the need to ensure a targeted use of Union funds for apiculture, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on:

Taking into account the need to ensure a targeted use of Union funds for apiculture, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on:

(a)

the measures which may be included in apiculture programmes,

| (a) | additional requirements for
  the measures which may be included in apiculture programmes, |
| --- | --- |

(a)

additional requirements for
  the measures which may be included in apiculture programmes,

| (b) | rules for drawing up and the content of national programmes and the studies referred to in Article 52(3); and |
| --- | --- |

(b)

rules for drawing up and the content of national programmes and the studies referred to in Article 52(3); and

| (b) | rules for drawing up and the content of national programmes and the studies referred to in Article 52(3); and |
| --- | --- |

(b)

rules for drawing up and the content of national programmes and the studies referred to in Article 52(3); and

| (c) | the conditions for the allocation of the Union's financial contribution to each participating Member State based on inter alia total number of hives in the Union. |
| --- | --- |

(c)

the conditions for the allocation of the Union's financial contribution to each participating Member State based on inter alia total number of hives in the Union.

| (c) | the conditions for the allocation of the Union's financial contribution to each participating Member State based on inter alia total number of hives in the Union. |
| --- | --- |

(c)

the conditions for the allocation of the Union's financial contribution to each participating Member State based on inter alia total number of hives in the Union.

Amendment 158

Proposal for a regulation

Part II — Title I — Chapter II — Section 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | |
| | Article 54a |
| | Aids to producer organisations |
| | 1.
     
  The Union shall finance a payment to producer organisations in the hops sector recognised in accordance with Article 106 to finance the aims referred to in points (i),(ii) or (iii) of Article 106(c). |
| | 2.
     
  In respect of Germany, the Union financing per year for the payment to producer organisations provided for in paragraph 1 shall be EUR 2 277 000. |
| | Article 54b |
| | Delegated powers |
| | In order to ensure that the aids finance the aims referred to in Article 106, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, concerning: |
| | (a) | aid applications, including rules on deadlines and accompanying documents; |

Text proposed by the Commission

Amendment

Article 54a

Aids to producer organisations

1.
     
  The Union shall finance a payment to producer organisations in the hops sector recognised in accordance with Article 106 to finance the aims referred to in points (i),(ii) or (iii) of Article 106(c).

2.
     
  In respect of Germany, the Union financing per year for the payment to producer organisations provided for in paragraph 1 shall be EUR 2 277 000.

Article 54b

Delegated powers

In order to ensure that the aids finance the aims referred to in Article 106, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, concerning:

(a)

aid applications, including rules on deadlines and accompanying documents;

| (b) | aid entitlement, including rules on eligible hop areas and the calculation of the amounts to be paid to each producer organisation; |
| --- | --- |

(b)

aid entitlement, including rules on eligible hop areas and the calculation of the amounts to be paid to each producer organisation;

| (c) | sanctions to be applied in the case of undue payment. |
| --- | --- |

(c)

sanctions to be applied in the case of undue payment.

Article 54c

Implementing powers

The Commission may adopt implementing acts, establishing the necessary measures related to this Section concerning:

| (a) | the payment of aid; |
| --- | --- |

(a)

the payment of aid;

| (b) | checks and inspections. |
| --- | --- |

(b)

checks and inspections.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 159

Proposal for a regulation

Article 55

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 55 | Article 55 |
| Scope | Scope |
| Without prejudice to any other provisions applicable to agricultural products, as well as the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning the general marketing standard and marketing standards by sector and/or product for agricultural products. | Without prejudice to any other provisions applicable to agricultural products, as well as
  to
  the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning the general marketing standard and marketing standards by sector and/or product for agricultural products.
  Those rules shall be divided between obligatory rules and optional reserved terms
  . |

Text proposed by the Commission

Amendment

Article 55

Article 55

Scope

Scope

Without prejudice to any other provisions applicable to agricultural products, as well as the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning the general marketing standard and marketing standards by sector and/or product for agricultural products.

Without prejudice to any other provisions applicable to agricultural products, as well as
  to
  the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning the general marketing standard and marketing standards by sector and/or product for agricultural products.
  Those rules shall be divided between obligatory rules and optional reserved terms
  .

Amendment 160

Proposal for a regulation

Article 56

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 56 | Article 56 |
| Conformity with the general marketing standard | Conformity with the general marketing standard |
| 1.   For the purposes of this Regulation a product complies with the ‘general marketing standard’ if it is of sound, fair and marketable quality. | 1.   For the purposes of this Regulation a product complies with the ‘general marketing standard’ if it is of sound, fair and marketable quality. |
| 2.   Where no marketing standards as referred to in Subsection 3 and in Council Directives 2000/36/EC , 2001/112/EC , 2001/113/EC , 2001/114/EC , 2001/110/EC , 2001/111/EC, have been established, agricultural products which are ready for sale or delivery to the final consumer in retail as defined in point 7 of Article 3 of Regulation (EC) No 178/2002 may only be marketed if they conform to the general marketing standard. | 2.   Where no marketing standards as referred to in Subsection 3 and in Council Directives 2000/36/EC , 2001/112/EC , 2001/113/EC , 2001/114/EC , 2001/110/EC , 2001/111/EC, have been established, agricultural products which are ready for sale or delivery to the final consumer in retail as defined in point 7 of Article 3 of Regulation (EC) No 178/2002 may only be marketed if they conform to the general marketing standard. |
| 3.   A product shall be considered as conforming to the general marketing standard where the product intended to be marketed is in conformity with an applicable standard adopted by any of the international organisations listed in Annex V. | 3.   
  Without prejudice to any additional Union requirements in the sanitary, commercial, ethical or any other field,
  a product shall be considered as conforming to the general marketing standard where the product intended to be marketed is in conformity with an applicable standard adopted by any of the international organisations listed in Annex V. |
| | 3a.
     
  This Regulation does not prevent the Member States from adopting or maintaining national provisions on aspects of marketing which are not specifically harmonised by this Regulation. Moreover, Member States may adopt or maintain national rules on marketing standards for sectors or products to which the general marketing standard applies, provided that those rules comply with Union law and with the rules on the functioning of the internal market. |

Text proposed by the Commission

Amendment

Article 56

Article 56

Conformity with the general marketing standard

Conformity with the general marketing standard

1.   For the purposes of this Regulation a product complies with the ‘general marketing standard’ if it is of sound, fair and marketable quality.

1.   For the purposes of this Regulation a product complies with the ‘general marketing standard’ if it is of sound, fair and marketable quality.

2.   Where no marketing standards as referred to in Subsection 3 and in Council Directives 2000/36/EC , 2001/112/EC , 2001/113/EC , 2001/114/EC , 2001/110/EC , 2001/111/EC, have been established, agricultural products which are ready for sale or delivery to the final consumer in retail as defined in point 7 of Article 3 of Regulation (EC) No 178/2002 may only be marketed if they conform to the general marketing standard.

2.   Where no marketing standards as referred to in Subsection 3 and in Council Directives 2000/36/EC , 2001/112/EC , 2001/113/EC , 2001/114/EC , 2001/110/EC , 2001/111/EC, have been established, agricultural products which are ready for sale or delivery to the final consumer in retail as defined in point 7 of Article 3 of Regulation (EC) No 178/2002 may only be marketed if they conform to the general marketing standard.

3.   A product shall be considered as conforming to the general marketing standard where the product intended to be marketed is in conformity with an applicable standard adopted by any of the international organisations listed in Annex V.

3.   
  Without prejudice to any additional Union requirements in the sanitary, commercial, ethical or any other field,
  a product shall be considered as conforming to the general marketing standard where the product intended to be marketed is in conformity with an applicable standard adopted by any of the international organisations listed in Annex V.

3a.
     
  This Regulation does not prevent the Member States from adopting or maintaining national provisions on aspects of marketing which are not specifically harmonised by this Regulation. Moreover, Member States may adopt or maintain national rules on marketing standards for sectors or products to which the general marketing standard applies, provided that those rules comply with Union law and with the rules on the functioning of the internal market.

Amendment 161

Proposal for a regulation

Article 57

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 57 | Article 57 |
| Delegated powers | Delegated powers |
| Taking into account the need to address changes in the market situation, and the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to adopt, modify and derogate from the requirements concerning general marketing standard referred to in Article 56(1),
  and rules on conformity referred to in Article 56(3). | 1.
     Taking into account the need to address changes in the market situation, and the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to adopt
  detailed rules concerning the general marketing standard, and to
  modify and derogate from the requirements concerning general marketing standard referred to in Article 56(1), |
| | 2.
     
  The Commission shall adopt delegated acts, in accordance with Article 160, laying down the conditions for implementing and monitoring the conformity referred to in Article 56(3), taking into account the need to avoid lowering the general marketing standard to the point where the quality of European products starts to decline. |

Text proposed by the Commission

Amendment

Article 57

Article 57

Delegated powers

Delegated powers

Taking into account the need to address changes in the market situation, and the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to adopt, modify and derogate from the requirements concerning general marketing standard referred to in Article 56(1),
  and rules on conformity referred to in Article 56(3).

1.
     Taking into account the need to address changes in the market situation, and the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to adopt
  detailed rules concerning the general marketing standard, and to
  modify and derogate from the requirements concerning general marketing standard referred to in Article 56(1),

2.
     
  The Commission shall adopt delegated acts, in accordance with Article 160, laying down the conditions for implementing and monitoring the conformity referred to in Article 56(3), taking into account the need to avoid lowering the general marketing standard to the point where the quality of European products starts to decline.

Amendment 162

Proposal for a regulation

Article 59

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 59 | Article 59 |
| Establishment and content | Establishment and content |
| 1.   Taking into account the expectations of consumers and the need to improve the economic conditions for the production and marketing of agricultural products as well as their quality, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on marketing standards referred to in Article 55, at all stages of the marketing, as well as derogations and exemptions from such standards to adapt to the constantly changing market conditions, to the evolving consumer demands, to developments in relevant international standards and avoid creating obstacles to product innovation. | 1.   Taking into account the expectations of consumers and the need to improve the economic conditions for the production and marketing of agricultural products as well as their quality, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on marketing standards referred to in Article 55, at all stages of the marketing, as well as derogations and exemptions from such standards
  , only for a limited period and in exceptional cases, in order
  to adapt to the constantly changing market conditions, to the evolving consumer demands, to developments in relevant international standards and avoid creating obstacles to product innovation. |
| | Any derogation or exemption made in this way must not entail additional costs which would be borne solely by farmers. |
| | 1a.
     
  However, the Commission's power to modify derogations and exemptions from existing marketing standards shall not apply to Annex VII. |
| 2.   The marketing standards referred to in paragraph 1 may
  cover: | 2.   The marketing standards referred to in paragraph 1 may
  include one or more of the following elements
  : |
| (a) | the definition, designation and/or sales descriptions other than those set out in this Regulation and lists of carcasses and parts thereof to which Annex VI applies; |

Text proposed by the Commission

Amendment

Article 59

Article 59

Establishment and content

Establishment and content

1.   Taking into account the expectations of consumers and the need to improve the economic conditions for the production and marketing of agricultural products as well as their quality, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on marketing standards referred to in Article 55, at all stages of the marketing, as well as derogations and exemptions from such standards to adapt to the constantly changing market conditions, to the evolving consumer demands, to developments in relevant international standards and avoid creating obstacles to product innovation.

1.   Taking into account the expectations of consumers and the need to improve the economic conditions for the production and marketing of agricultural products as well as their quality, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on marketing standards referred to in Article 55, at all stages of the marketing, as well as derogations and exemptions from such standards
  , only for a limited period and in exceptional cases, in order
  to adapt to the constantly changing market conditions, to the evolving consumer demands, to developments in relevant international standards and avoid creating obstacles to product innovation.

Any derogation or exemption made in this way must not entail additional costs which would be borne solely by farmers.

1a.
     
  However, the Commission's power to modify derogations and exemptions from existing marketing standards shall not apply to Annex VII.

2.   The marketing standards referred to in paragraph 1 may
  cover:

2.   The marketing standards referred to in paragraph 1 may
  include one or more of the following elements
  :

(a)

the definition, designation and/or sales descriptions other than those set out in this Regulation and lists of carcasses and parts thereof to which Annex VI applies;

| (a) | the definition, designation and/or sales descriptions other than those set out in this Regulation and lists of carcasses and parts thereof to which Annex VI applies,
  except for products of the wine sector; |
| --- | --- |

(a)

the definition, designation and/or sales descriptions other than those set out in this Regulation and lists of carcasses and parts thereof to which Annex VI applies,
  except for products of the wine sector;

| (b) | classification criteria such as grading into classes, weight, sizing, age and category; |
| --- | --- |

(b)

classification criteria such as grading into classes, weight, sizing, age and category;

| (b) | classification criteria such as grading into classes, weight, sizing, age and category; |
| --- | --- |

(b)

classification criteria such as grading into classes, weight, sizing, age and category;

| (c) | the plant variety or animal race or the commercial type; |
| --- | --- |

(c)

the plant variety or animal race or the commercial type;

| (c) | the
  species
  , plant variety or animal race or the commercial type; |
| --- | --- |

(c)

the
  species
  , plant variety or animal race or the commercial type;

| (d) | the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms; |
| --- | --- |

(d)

the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms;

| (d) | the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms
  , except for products of the wine sector
  ; |
| --- | --- |

(d)

the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms
  , except for products of the wine sector
  ;

| (e) | criteria such as appearance, consistency, conformation, product characteristics; |
| --- | --- |

(e)

criteria such as appearance, consistency, conformation, product characteristics;

| (e) | criteria such as appearance, consistency, conformation, product characteristics; |
| --- | --- |

(e)

criteria such as appearance, consistency, conformation, product characteristics;

| (f) | specific substances used in production, or components or constituents, including their quantitative content, purity and identification; |
| --- | --- |

(f)

specific substances used in production, or components or constituents, including their quantitative content, purity and identification;

| (f) | specific substances used in production, or components or constituents, including their quantitative content, purity and identification; |
| --- | --- |

(f)

specific substances used in production, or components or constituents, including their quantitative content, purity and identification;

| (g) | the type of farming and production method including
  oenological practices
  and related administrative rules, and operating circuit; |
| --- | --- |

(g)

the type of farming and production method including
  oenological practices
  and related administrative rules, and operating circuit;

| (g) | the type of farming and production method including
  agronomic and advanced systems of sustainable production
  and related administrative rules, and operating circuit; |
| --- | --- |

(g)

the type of farming and production method including
  agronomic and advanced systems of sustainable production
  and related administrative rules, and operating circuit;

| (h) | coupage of must and wine including definitions thereof, blending and restrictions thereof; |
| --- | --- |

(h)

coupage of must and wine including definitions thereof, blending and restrictions thereof;

| (i) | the conservation method and temperature; |
| --- | --- |

(i)

the conservation method and temperature;

| (i) | the conservation method and temperature; |
| --- | --- |

(i)

the conservation method and temperature;

| (j) | the place of farming and/or origin; |
| --- | --- |

(j)

the place of farming and/or origin;

| (j) | the place of farming and/or origin; |
| --- | --- |

(j)

the place of farming and/or origin;

| (k) | the frequency of collection, delivery, preservation and handling; |
| --- | --- |

(k)

the frequency of collection, delivery, preservation and handling;

| (k) | the frequency of collection, delivery, preservation and handling; |
| --- | --- |

(k)

the frequency of collection, delivery, preservation and handling;

| (l) | the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed; |
| --- | --- |

(l)

the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed;

| (l) | the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed; |
| --- | --- |

(l)

the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed;

| (m) | the percentage of water content; |
| --- | --- |

(m)

the percentage of water content;

| (m) | the percentage of water content; |
| --- | --- |

(m)

the percentage of water content;

| (n) | restrictions as regards the use of certain substances and/or practices; |
| --- | --- |

(n)

restrictions as regards the use of certain substances and/or practices;

| (n) | restrictions as regards the use of certain substances and/or practices; |
| --- | --- |

(n)

restrictions as regards the use of certain substances and/or practices;

| (o) | specific use; |
| --- | --- |

(o)

specific use;

| (o) | specific use; |
| --- | --- |

(o)

specific use;

| (p) | commercial documents, accompanying documents and registers to be kept; |
| --- | --- |

(p)

commercial documents, accompanying documents and registers to be kept;

| (p) | commercial documents, accompanying documents and registers to be kept; |
| --- | --- |

(p)

commercial documents, accompanying documents and registers to be kept;

| (q) | storage, transport; |
| --- | --- |

(q)

storage, transport;

| (q) | storage, transport; |
| --- | --- |

(q)

storage, transport;

| (r) | the certification procedure; |
| --- | --- |

(r)

the certification procedure;

| (r) | the certification procedure; |
| --- | --- |

(r)

the certification procedure;

| (s) | the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 and/or with the definitions, designations and sales descriptions as referred to in Article 60, as well as the disposal of by-products; |
| --- | --- |

(s)

the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 and/or with the definitions, designations and sales descriptions as referred to in Article 60, as well as the disposal of by-products;

| (s) | the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 and/or with the definitions, designations and sales descriptions as referred to in Article 60, as well as the disposal of by-products; |
| --- | --- |

(s)

the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 and/or with the definitions, designations and sales descriptions as referred to in Article 60, as well as the disposal of by-products;

| (t) | time limits. |
| --- | --- |

(t)

time limits.

| (t) | time limits. |
| --- | --- |

(t)

time limits.

3.   The marketing standards by sectors or products adopted pursuant to paragraph 1 shall be established without prejudice to
  Title IV of Regulation (EU) No [COM(2010)733] on agricultural product quality schemes
  , and shall take into account:

3.   The marketing standards by sectors or products adopted pursuant to paragraph 1 shall be without prejudice to
  the provisions on optional reserved terms of Article 65a and Annex VIIa
  , and shall take into account:

| (a) | the specificities of the product concerned; |
| --- | --- |

(a)

the specificities of the product concerned;

| (a) | the specificities of the product concerned; |
| --- | --- |

(a)

the specificities of the product concerned;

| (b) | the need to ensure the conditions for a smooth placing of the products on the market; |
| --- | --- |

(b)

the need to ensure the conditions for a smooth placing of the products on the market;

| (b) | the need to ensure the conditions for a smooth placing of the products on the market; |
| --- | --- |

(b)

the need to ensure the conditions for a smooth placing of the products on the market;

| (c) | the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case by case approach at the appropriate geographical level; |
| --- | --- |

(c)

the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case by case approach at the appropriate geographical level;

| (c) | the interest of
  producers in communicating the characteristics of their products
  and
  the interest of
  consumers in receiving adequate and transparent product information, the place of farming to be determined on a case by case approach at the appropriate geographical level
  , after conducting an impact assessment evaluating, in particular, the costs and administrative burdens for operators, as well as the benefits offered to producers and the end consumer
  ; |
| --- | --- |

(c)

the interest of
  producers in communicating the characteristics of their products
  and
  the interest of
  consumers in receiving adequate and transparent product information, the place of farming to be determined on a case by case approach at the appropriate geographical level
  , after conducting an impact assessment evaluating, in particular, the costs and administrative burdens for operators, as well as the benefits offered to producers and the end consumer
  ;

| (d) | the methods used for determining physical, chemical and organoleptic characteristics of the products; |
| --- | --- |

(d)

the methods used for determining physical, chemical and organoleptic characteristics of the products;

| (d) | the methods used for determining physical, chemical and organoleptic characteristics of the products; |
| --- | --- |

(d)

the methods used for determining physical, chemical and organoleptic characteristics of the products;

| (e) | the standard recommendations adopted by international bodies. |
| --- | --- |

(e)

the standard recommendations adopted by international bodies.

| (e) | the standard recommendations adopted by international bodies. |
| --- | --- |

(e)

the standard recommendations adopted by international bodies.

| (ea) | the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned; |
| --- | --- |

(ea)

the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned;

| (eb) | the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks. |
| --- | --- |

(eb)

the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks.

Amendment 163

Proposal for a regulation

Article 59 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 59a |
| | Additional requirements for the marketing of the products of the fruit and vegetables sector |
| | 1.
     
  Products of the fruit and vegetables sector which are intended to be sold fresh to the consumer may only be marketed if the country of origin is indicated. |
| | 2.
     
  The marketing standards referred to in Article 59(1), as well as any marketing standard applicable to the fruit and vegetables and the processed fruit and vegetables sectors, shall apply at all marketing stages including import and export, unless otherwise provided for by the Commission, and shall cover quality, categorisation, weight, size, packing, packaging, storage, transport, presentation and marketing. |
| | 3.
     
  The holder of products of the fruit and vegetables and processed fruit and vegetables sectors covered by marketing standards may not display such products, offer them for sale or deliver or market them in any manner within the Union other than in conformity with those standards and shall be responsible for ensuring such conformity. |
| | 4.
     
  Without prejudice to any specific provisions which may be adopted by the Commission in accordance with Article 160, in particular on the consistent application, in the Member States, of the conformity checks, Member States shall, in respect of the fruit and vegetables and the processed fruit and vegetables sectors, check selectively, based on a risk analysis, whether the products concerned conform to the respective marketing standards. These checks shall focus on the stage prior to dispatch from the production areas when the products are being packed or loaded. For products from third countries, checks shall be carried out prior to release for free circulation. |

Text proposed by the Commission

Amendment

Article 59a

Additional requirements for the marketing of the products of the fruit and vegetables sector

1.
     
  Products of the fruit and vegetables sector which are intended to be sold fresh to the consumer may only be marketed if the country of origin is indicated.

2.
     
  The marketing standards referred to in Article 59(1), as well as any marketing standard applicable to the fruit and vegetables and the processed fruit and vegetables sectors, shall apply at all marketing stages including import and export, unless otherwise provided for by the Commission, and shall cover quality, categorisation, weight, size, packing, packaging, storage, transport, presentation and marketing.

3.
     
  The holder of products of the fruit and vegetables and processed fruit and vegetables sectors covered by marketing standards may not display such products, offer them for sale or deliver or market them in any manner within the Union other than in conformity with those standards and shall be responsible for ensuring such conformity.

4.
     
  Without prejudice to any specific provisions which may be adopted by the Commission in accordance with Article 160, in particular on the consistent application, in the Member States, of the conformity checks, Member States shall, in respect of the fruit and vegetables and the processed fruit and vegetables sectors, check selectively, based on a risk analysis, whether the products concerned conform to the respective marketing standards. These checks shall focus on the stage prior to dispatch from the production areas when the products are being packed or loaded. For products from third countries, checks shall be carried out prior to release for free circulation.

Amendment 164

Proposal for a regulation

Article 59 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 59b |
| | Certification for hops |
| | 1.
     
  Products of the hops sector, harvested or prepared within the Union, shall be subject to a certification procedure. |
| | 2.
     
  Certificates may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the certificate may only be issued if the alpha acid content of these products is not lower than that of the hops from which they have been prepared. |
| | 3.
     
  The certificates shall indicate at least: |
| | (a) | the place(s) of production of the hops; |

Text proposed by the Commission

Amendment

Article 59b

Certification for hops

1.
     
  Products of the hops sector, harvested or prepared within the Union, shall be subject to a certification procedure.

2.
     
  Certificates may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the certificate may only be issued if the alpha acid content of these products is not lower than that of the hops from which they have been prepared.

3.
     
  The certificates shall indicate at least:

(a)

the place(s) of production of the hops;

| (b) | the year(s) of harvesting; and |
| --- | --- |

(b)

the year(s) of harvesting; and

| (c) | the variety or varieties. |
| --- | --- |

(c)

the variety or varieties.

4.
     
  Products of the hops sector may be marketed or exported only if a certificate as referred to in paragraphs 1, 2 and 3 has been issued.

In the case of imported products of the hops sector, the attestation provided for in Article 129a shall be deemed to be equivalent to that certificate.

5.
     
  The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, establishing measures derogating from paragraph 4:

| (a) | in order to satisfy the trade requirements of certain third countries; or |
| --- | --- |

(a)

in order to satisfy the trade requirements of certain third countries; or

| (b) | for products intended for special uses. |
| --- | --- |

(b)

for products intended for special uses.

The measures referred to in the first subparagraph shall:

| (a) | not prejudice the normal marketing of products for which the certificate has been issued; |
| --- | --- |

(a)

not prejudice the normal marketing of products for which the certificate has been issued;

| (b) | be accompanied by guarantees intended to avoid any confusion with those products. |
| --- | --- |

(b)

be accompanied by guarantees intended to avoid any confusion with those products.

Amendment 165

Proposal for a regulation

Article 60

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 60 | Article 60 |
| Definitions, designations and sales descriptions for certain sectors and products | Definitions, designations and sales descriptions for certain sectors and products |
| 1.   The definitions, designations and sales descriptions provided for in Annex VI shall apply to the following sectors or products: | 1.   The definitions, designations and sales descriptions provided for in Annex VI shall apply to the following sectors or products: |
| (a) | olive oil and table olives; |

Text proposed by the Commission

Amendment

Article 60

Article 60

Definitions, designations and sales descriptions for certain sectors and products

Definitions, designations and sales descriptions for certain sectors and products

1.   The definitions, designations and sales descriptions provided for in Annex VI shall apply to the following sectors or products:

1.   The definitions, designations and sales descriptions provided for in Annex VI shall apply to the following sectors or products:

(a)

olive oil and table olives;

| (a) | olive oil and table olives; |
| --- | --- |

(a)

olive oil and table olives;

| (b) | wine; |
| --- | --- |

(b)

wine;

| (b) | wine; |
| --- | --- |

(b)

wine;

| (c) | beef and veal; |
| --- | --- |

(c)

beef and veal;

| (c) | beef and veal; |
| --- | --- |

(c)

beef and veal;

| (d) | milk and milk products intended for human consumption; |
| --- | --- |

(d)

milk and milk products intended for human consumption;

| (d) | milk and milk products intended for human consumption; |
| --- | --- |

(d)

milk and milk products intended for human consumption;

| (e) | poultrymeat; |
| --- | --- |

(e)

poultrymeat;

| (e) | poultrymeat
  and eggs
  ; |
| --- | --- |

(e)

poultrymeat
  and eggs
  ;

| (f) | spreadable fats intended for human consumption. |
| --- | --- |

(f)

spreadable fats intended for human consumption.

| (f) | spreadable fats intended for human consumption. |
| --- | --- |

(f)

spreadable fats intended for human consumption.

2.   Definitions, designations or sales descriptions provided for in Annex VI may be used in the Union only for the marketing of a product which complies with the corresponding requirements laid down in that Annex.

2.   Definitions, designations or sales descriptions provided for in Annex VI may be used in the Union only for the marketing of a product which complies with the corresponding requirements laid down in that Annex.

3.   Taking into account the need to adapt to evolving consumer demands, and technical progress and to avoid creating obstacles to product innovation, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VI.

3.   Taking into account the need to adapt to evolving consumer demands, and technical progress and to avoid creating obstacles to product innovation, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VI.

Amendment 166

Proposal for a regulation

Article 61

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 61 | Article 61 |
| Tolerance | Tolerance |
| Taking into account the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on tolerance for each standard beyond which the entire batch of products shall be considered as not respecting that standard. | 1.
     Taking into account the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on tolerance for each
  specific
  standard beyond which the entire batch of products shall be considered as not respecting that standard. |
| | This tolerance defined on the basis of thresholds shall not alter the intrinsic characteristics of the product and shall apply only to weight, size and other minor criteria. |
| | 2.
     
  Member States may adopt or maintain additional national legislation on products covered by a Union marketing standard, provided that these provisions comply with Union law, particularly the principle of free movement of goods. |

Text proposed by the Commission

Amendment

Article 61

Article 61

Tolerance

Tolerance

Taking into account the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on tolerance for each standard beyond which the entire batch of products shall be considered as not respecting that standard.

1.
     Taking into account the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on tolerance for each
  specific
  standard beyond which the entire batch of products shall be considered as not respecting that standard.

This tolerance defined on the basis of thresholds shall not alter the intrinsic characteristics of the product and shall apply only to weight, size and other minor criteria.

2.
     
  Member States may adopt or maintain additional national legislation on products covered by a Union marketing standard, provided that these provisions comply with Union law, particularly the principle of free movement of goods.

Amendment 167

Proposal for a regulation

Article 62

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 62 | Article 62 |
| Oenological practices and methods of analyses | Oenological practices and methods of analyses |
| 1.   Only oenological practices authorised in accordance with Annex VII and provided for in
  point (g) of Article 59(2) and in
  paragraphs 2 and 3 of Article 65 shall be used in the production and conservation of the products listed in Part II of Annex VI in the Union. | 1.   Only oenological practices authorised in accordance with Annex VII and provided for in paragraphs 2 and 3 of Article 65 shall be used in the production and conservation of the products listed in Part II of Annex VI in the Union. |
| The first subparagraph shall not apply to: | The first subparagraph shall not apply to: |
| (a) | grape juice and concentrated grape juice; |

Text proposed by the Commission

Amendment

Article 62

Article 62

Oenological practices and methods of analyses

Oenological practices and methods of analyses

1.   Only oenological practices authorised in accordance with Annex VII and provided for in
  point (g) of Article 59(2) and in
  paragraphs 2 and 3 of Article 65 shall be used in the production and conservation of the products listed in Part II of Annex VI in the Union.

1.   Only oenological practices authorised in accordance with Annex VII and provided for in paragraphs 2 and 3 of Article 65 shall be used in the production and conservation of the products listed in Part II of Annex VI in the Union.

The first subparagraph shall not apply to:

The first subparagraph shall not apply to:

(a)

grape juice and concentrated grape juice;

| (a) | grape juice and concentrated grape juice; |
| --- | --- |

(a)

grape juice and concentrated grape juice;

| (b) | grape must and concentrated grape must intended for the preparation of grape juice. |
| --- | --- |

(b)

grape must and concentrated grape must intended for the preparation of grape juice.

| (b) | grape must and concentrated grape must intended for the preparation of grape juice. |
| --- | --- |

(b)

grape must and concentrated grape must intended for the preparation of grape juice.

Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.

Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.

Products listed in Part II of Annex VI shall be produced in the Union in accordance with the rules laid down in Annex VII.

Products listed in Part II of Annex VI shall be produced in the Union in accordance with the rules laid down in Annex VII.

Products listed in Part II of Annex VI shall not be marketed in the Union where:

Products listed in Part II of Annex VI shall not be marketed in the Union where:

| (a) | they have undergone unauthorised Union oenological practices or |
| --- | --- |

(a)

they have undergone unauthorised Union oenological practices or

| (a) | they have undergone unauthorised Union oenological practices or |
| --- | --- |

(a)

they have undergone unauthorised Union oenological practices or

| (b) | they have undergone unauthorised national oenological practices or |
| --- | --- |

(b)

they have undergone unauthorised national oenological practices or

| (b) | they have undergone unauthorised national oenological practices or |
| --- | --- |

(b)

they have undergone unauthorised national oenological practices or

| (c) | they do not comply with the rules laid down in Annex VII. |
| --- | --- |

(c)

they do not comply with the rules laid down in Annex VII.

| (c) | they do not comply with the rules laid down in Annex VII. |
| --- | --- |

(c)

they do not comply with the rules laid down in Annex VII.

The products which are unmarketable in accordance with the fifth subparagraph shall be destroyed. By way of derogation from this rule, Member States may authorise the use of certain products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce by means of unauthorised oenological practices.

2.   When
  authorising
  oenological practices for wine as referred to in
  point (g) of Article 59(2)
  , the Commission shall:

2.   When
  making proposals on
  oenological practices for wine as referred to in
  paragraph 1
  , the Commission shall:

| (a) | base itself on
  the oenological practices and methods of analyses recommended and published by the OIV as well as on the results of experimental use of as yet unauthorised oenological practices; |
| --- | --- |

(a)

base itself on
  the oenological practices and methods of analyses recommended and published by the OIV as well as on the results of experimental use of as yet unauthorised oenological practices;

| (a) | take into account
  the oenological practices and methods of analyses recommended and published by the OIV as well as on the results of experimental use of as yet unauthorised oenological practices; |
| --- | --- |

(a)

take into account
  the oenological practices and methods of analyses recommended and published by the OIV as well as on the results of experimental use of as yet unauthorised oenological practices;

| (b) | take into account the protection of human health; |
| --- | --- |

(b)

take into account the protection of human health;

| (b) | take into account the protection of human health; |
| --- | --- |

(b)

take into account the protection of human health;

| (c) | take into account the possible risk of consumers being misled due to their
  expectations and perceptions
  , having regard to the availability and feasibility of informational means to exclude such risks; |
| --- | --- |

(c)

take into account the possible risk of consumers being misled due to their
  expectations and perceptions
  , having regard to the availability and feasibility of informational means to exclude such risks;

| (c) | take into account the possible risk of consumers being misled due to their
  well established perception of the product and their corresponding expectations
  , having regard to the availability and feasibility of informational means to exclude such risks; |
| --- | --- |

(c)

take into account the possible risk of consumers being misled due to their
  well established perception of the product and their corresponding expectations
  , having regard to the availability and feasibility of informational means to exclude such risks;

| (d) | allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned; |
| --- | --- |

(d)

allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;

| (d) | allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned; |
| --- | --- |

(d)

allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;

| (e) | ensure an acceptable minimum level of environmental care; |
| --- | --- |

(e)

ensure an acceptable minimum level of environmental care;

| (e) | ensure an acceptable minimum level of environmental care; |
| --- | --- |

(e)

ensure an acceptable minimum level of environmental care;

| (f) | respect the general rules concerning oenological practices and the rules laid down in Annex VII. |
| --- | --- |

(f)

respect the general rules concerning oenological practices and the rules laid down in Annex VII.

| (f) | respect the general rules concerning oenological practices and the rules laid down in Annex VII. |
| --- | --- |

(f)

respect the general rules concerning oenological practices and the rules laid down in Annex VII.

3.   The
  Commission shall, where necessary, adopt
  methods referred to in point (d) of Article 59(3) for products listed in Part II of Annex VI
  by means of implementing acts
  . Those methods shall be based on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the
  legitimate
  objective pursued.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

3.   The methods referred to in point (d) of Article 59(3) for products listed in Part II of Annex VI
  shall be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty
  . Those methods shall be based on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the objective pursued
  by the Union
  .

Pending the adoption of such rules, the methods to be used shall be those allowed by the Member State concerned.

Pending the adoption of such
  provisions
  , the methods
  and rules
  to be used shall be those allowed by the Member State concerned.

Amendment 168

Proposal for a regulation

Article 65

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 65 | Article 65 |
| National rules for certain products and sectors | National rules for certain products and sectors |
| 1.   Notwithstanding the provisions of Article 59(1), Member States may adopt or maintain national rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating in particular to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability. | 1.   Notwithstanding the provisions of Article 59(1), Member States may adopt or maintain national rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating in particular to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability. |
| Member States making use of the option provided for in the first subparagraph shall ensure that other Member States' products complying with the criteria laid down by those national rules may, in a non-discriminatory way, use terms which state that those criteria are complied with. | Member States making use of the option provided for in the first subparagraph shall ensure that other Member States' products complying with the criteria laid down by those national rules may, in a non-discriminatory way, use terms which state that those criteria are complied with. |
| 2.   Member States may limit or prohibit the use of certain oenological practices and provide for more stringent rules for wines authorised under Union law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines. | 2.   Member States may limit or prohibit the use of certain oenological practices and provide for more stringent rules for wines authorised under Union law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines. |
| 3.   Member States may allow the experimental use of unauthorised oenological practices in accordance with the conditions specified by the Commission, by means of delegated acts adopted pursuant to paragraph 4. | 3.   Member States may allow the experimental use of unauthorised oenological practices in accordance with the conditions specified by the Commission, by means of delegated acts adopted pursuant to paragraph 4. |
| 4.   Taking into account the need to ensure the correct and transparent application, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 specifying the conditions for the application of paragraphs 1, 2 and 3 of this Article as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article. | 4.   Taking into account the need to ensure the correct and transparent application, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 specifying the conditions for the application of paragraphs 1, 2 and 3 of this Article as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article. |
| | 4a.
     
  Member States may adopt or maintain marketing standards for sectors or products, provided that those measures are consistent with Union law. |

Text proposed by the Commission

Amendment

Article 65

Article 65

National rules for certain products and sectors

National rules for certain products and sectors

1.   Notwithstanding the provisions of Article 59(1), Member States may adopt or maintain national rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating in particular to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability.

1.   Notwithstanding the provisions of Article 59(1), Member States may adopt or maintain national rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating in particular to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability.

Member States making use of the option provided for in the first subparagraph shall ensure that other Member States' products complying with the criteria laid down by those national rules may, in a non-discriminatory way, use terms which state that those criteria are complied with.

Member States making use of the option provided for in the first subparagraph shall ensure that other Member States' products complying with the criteria laid down by those national rules may, in a non-discriminatory way, use terms which state that those criteria are complied with.

2.   Member States may limit or prohibit the use of certain oenological practices and provide for more stringent rules for wines authorised under Union law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines.

2.   Member States may limit or prohibit the use of certain oenological practices and provide for more stringent rules for wines authorised under Union law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines.

3.   Member States may allow the experimental use of unauthorised oenological practices in accordance with the conditions specified by the Commission, by means of delegated acts adopted pursuant to paragraph 4.

3.   Member States may allow the experimental use of unauthorised oenological practices in accordance with the conditions specified by the Commission, by means of delegated acts adopted pursuant to paragraph 4.

4.   Taking into account the need to ensure the correct and transparent application, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 specifying the conditions for the application of paragraphs 1, 2 and 3 of this Article as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article.

4.   Taking into account the need to ensure the correct and transparent application, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 specifying the conditions for the application of paragraphs 1, 2 and 3 of this Article as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article.

4a.
     
  Member States may adopt or maintain marketing standards for sectors or products, provided that those measures are consistent with Union law.

Amendment 169

Proposal for a regulation

Part II — Title II — Chapter I — Section 1 — Subsection 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | |
| | Article 65a |
| | Scope |
| | A scheme for optional reserved terms is established in order to help producers of agricultural products which possess value-adding characteristics or attributes to communicate such characteristics or attributes within the internal market, particularly with the aim of supporting and complementing specific marketing standards. |
| | Article 65b |
| | Existing optional reserved terms |
| | 1.
     
  The optional reserved terms covered by this scheme at the date of entry into force of this Regulation are listed in Annex VIIa to this Regulation together with the acts laying down the terms in question and their conditions of use. |
| | 2.
     
  The optional reserved terms referred to in paragraph 1 shall remain in force, subject to any amendment, unless cancelled pursuant to Article 65c. |
| | Article 65c |
| | Reservation, amendment and cancellation of optional reserved terms |
| | In order to take account of the expectations of consumers, developments in scientific and technical knowledge, the situation in the market and developments in marketing standards and in international standards, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160: |
| | (a) | reserving an additional optional reserved term, laying down its conditions of use, |

Text proposed by the Commission

Amendment

Article 65a

Scope

A scheme for optional reserved terms is established in order to help producers of agricultural products which possess value-adding characteristics or attributes to communicate such characteristics or attributes within the internal market, particularly with the aim of supporting and complementing specific marketing standards.

Article 65b

Existing optional reserved terms

1.
     
  The optional reserved terms covered by this scheme at the date of entry into force of this Regulation are listed in Annex VIIa to this Regulation together with the acts laying down the terms in question and their conditions of use.

2.
     
  The optional reserved terms referred to in paragraph 1 shall remain in force, subject to any amendment, unless cancelled pursuant to Article 65c.

Article 65c

Reservation, amendment and cancellation of optional reserved terms

In order to take account of the expectations of consumers, developments in scientific and technical knowledge, the situation in the market and developments in marketing standards and in international standards, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160:

(a)

reserving an additional optional reserved term, laying down its conditions of use,

| (b) | amending the conditions of use of an optional reserved term, or |
| --- | --- |

(b)

amending the conditions of use of an optional reserved term, or

| (c) | cancelling an optional reserved term. |
| --- | --- |

(c)

cancelling an optional reserved term.

Article 65d

Additional optional reserved terms

1.
     
  A term shall be eligible for reservation as an additional optional reserved term only if it fulfils the following criteria:

| (a) | the term relates to a characteristic of a product or to a farming or processing attribute and relates to a marketing standard, viewed in the light of a sector-by-sector approach; |
| --- | --- |

(a)

the term relates to a characteristic of a product or to a farming or processing attribute and relates to a marketing standard, viewed in the light of a sector-by-sector approach;

| (b) | the use of the term adds value to the product in comparison with products of a similar type, and |
| --- | --- |

(b)

the use of the term adds value to the product in comparison with products of a similar type, and

| (c) | the product has been placed on the market with the characteristic or attribute referred to in point (a) identified to consumers in several Member States. |
| --- | --- |

(c)

the product has been placed on the market with the characteristic or attribute referred to in point (a) identified to consumers in several Member States.

The Commission shall take account of any relevant international standard and of the current reserved terms existing for the products or sectors involved.

2.
     
  Optional terms that describe technical product qualities for the purposes of implementing compulsory marketing standards and that are not intended to inform consumers about those product qualities shall not be reserved under this scheme.

3.
     
  In order to take into account the special characteristics of certain sectors as well as consumer expectations, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down detailed rules relating to the requirements for the creation of the additional optional reserved terms referred to in paragraph 1.

Article 65e

Restrictions on use of optional reserved terms

1.
     
  An optional reserved term may only be used to describe products that conform to the applicable conditions of use.

2.
     
  Member States shall adopt appropriate measures to ensure that product labelling does not give rise to confusion with optional reserved terms.

3.
     
  The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down rules for the use of optional reserved terms.

Amendment 170

Proposal for a regulation

Article 66

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 66 | Article 66 |
| General provisions | General provisions |
| Taking into account the specificities in trade between the Union
  and
  certain third countries and the special character of some agricultural products,
  the Commission shall be empowered to adopt delegated acts in accordance with Article 160
  to define the conditions under which imported products are considered to have an equivalent level of compliance with the Union marketing standards
  and conditions allowing derogation from Article 58
  and determine the rules concerning the application of the marketing standards to products exported from the Union. | Taking into account the specificities in trade between the Union and certain third countries, the special character of some agricultural products,
  and the need to ensure that consumers are not misled due to their well-established perception of the products, and to their corresponding expectations, measures may be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty
  to define the conditions under which imported products are considered to have an equivalent level of compliance with the Union marketing standards and determine the rules concerning the application of the marketing standards to products exported from the Union. |

Text proposed by the Commission

Amendment

Article 66

Article 66

General provisions

General provisions

Taking into account the specificities in trade between the Union
  and
  certain third countries and the special character of some agricultural products,
  the Commission shall be empowered to adopt delegated acts in accordance with Article 160
  to define the conditions under which imported products are considered to have an equivalent level of compliance with the Union marketing standards
  and conditions allowing derogation from Article 58
  and determine the rules concerning the application of the marketing standards to products exported from the Union.

Taking into account the specificities in trade between the Union and certain third countries, the special character of some agricultural products,
  and the need to ensure that consumers are not misled due to their well-established perception of the products, and to their corresponding expectations, measures may be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty
  to define the conditions under which imported products are considered to have an equivalent level of compliance with the Union marketing standards and determine the rules concerning the application of the marketing standards to products exported from the Union.

Amendment 171

Proposal for a regulation

Article 67

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 67 | Article 67 |
| Special provisions for the imports of wine | Special provisions for the imports of wine |
| 1.   Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter and in the definitions, designations and sales descriptions referred to in Article 60 of this Regulation, shall apply to products imported into the Union and falling under CN codes 2009 61, 2009 69 and 2204. | 1.   Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter and in the definitions, designations and sales descriptions referred to in Article 60 of this Regulation, shall apply to products imported into the Union and falling under CN codes 2009 61, 2009 69 and 2204. |
| 2.   Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices
  recommended and published by the OIV or
  authorised by the Union pursuant to this Regulation. | 2.   Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices authorised by the Union pursuant to this Regulation. |
| | Measures derogating from this paragraph shall be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty. |
| 3.   The import of the products referred to in paragraph 1 shall be subject to the presentation of: | 3.   The import of the products referred to in paragraph 1 shall be subject to the presentation of: |
| (a) | a certificate evincing compliance with the provisions referred to in paragraphs 1 and 2, drawn up by a competent body, included on a list to be made public by the Commission, in the product’s country of origin; |

Text proposed by the Commission

Amendment

Article 67

Article 67

Special provisions for the imports of wine

Special provisions for the imports of wine

1.   Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter and in the definitions, designations and sales descriptions referred to in Article 60 of this Regulation, shall apply to products imported into the Union and falling under CN codes 2009 61, 2009 69 and 2204.

1.   Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter and in the definitions, designations and sales descriptions referred to in Article 60 of this Regulation, shall apply to products imported into the Union and falling under CN codes 2009 61, 2009 69 and 2204.

2.   Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices
  recommended and published by the OIV or
  authorised by the Union pursuant to this Regulation.

2.   Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices authorised by the Union pursuant to this Regulation.

Measures derogating from this paragraph shall be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty.

3.   The import of the products referred to in paragraph 1 shall be subject to the presentation of:

3.   The import of the products referred to in paragraph 1 shall be subject to the presentation of:

(a)

a certificate evincing compliance with the provisions referred to in paragraphs 1 and 2, drawn up by a competent body, included on a list to be made public by the Commission, in the product’s country of origin;

| (a) | a certificate evincing compliance with the provisions referred to in paragraphs 1 and 2, drawn up by a competent body, included on a list to be made public by the Commission, in the product’s country of origin; |
| --- | --- |

(a)

a certificate evincing compliance with the provisions referred to in paragraphs 1 and 2, drawn up by a competent body, included on a list to be made public by the Commission, in the product’s country of origin;

| (b) | an analysis report drawn up by a body or department designated by the product’s country of origin, in so far as the product is intended for direct human consumption. |
| --- | --- |

(b)

an analysis report drawn up by a body or department designated by the product’s country of origin, in so far as the product is intended for direct human consumption.

| (b) | an analysis report drawn up by a body or department designated by the product’s country of origin, in so far as the product is intended for direct human consumption. |
| --- | --- |

(b)

an analysis report drawn up by a body or department designated by the product’s country of origin, in so far as the product is intended for direct human consumption.

Amendment 172

Proposal for a regulation

Article 67 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 67a |
| | Delegated powers |
| | The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down: |
| | (a) | rules for the interpretation and enforcement of the definitions and sales descriptions provided for in Annex VI; |

Text proposed by the Commission

Amendment

Article 67a

Delegated powers

The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down:

(a)

rules for the interpretation and enforcement of the definitions and sales descriptions provided for in Annex VI;

| (b) | rules on the national procedures concerning the withdrawal and destruction of wine products that do not comply with the requirements of this Regulation. |
| --- | --- |

(b)

rules on the national procedures concerning the withdrawal and destruction of wine products that do not comply with the requirements of this Regulation.

Amendment 173

Proposal for a regulation

Article 68

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 68 | Article 68 |
| Implementing powers in accordance with the examination procedure | Implementing powers in accordance with the examination procedure |
| The Commission may, by means of implementing acts, adopt the necessary measures related to this Section
  and in particular: | The Commission may, by means of implementing acts, adopt the necessary measures related to this Section: |
| (a) | for the implementation of the general marketing standard; |

Text proposed by the Commission

Amendment

Article 68

Article 68

Implementing powers in accordance with the examination procedure

Implementing powers in accordance with the examination procedure

The Commission may, by means of implementing acts, adopt the necessary measures related to this Section
  and in particular:

The Commission may, by means of implementing acts, adopt the necessary measures related to this Section:

(a)

for the implementation of the general marketing standard;

| (b) | for the implementation of the definitions and sales descriptions provided for in Annex VI; |
| --- | --- |

(b)

for the implementation of the definitions and sales descriptions provided for in Annex VI;

| (c) | for drawing up the list of milk and milk products referred to in the second paragraph of point 5 of Part III of Annex VI and spreadable fats referred to in point (a) of the sixth paragraph of Part VI of Annex VI, on the basis of indicative lists of products which Member States regard as corresponding in their territory to those provisions and which Member States shall send to the Commission; |
| --- | --- |

(c)

for drawing up the list of milk and milk products referred to in the second paragraph of point 5 of Part III of Annex VI and spreadable fats referred to in point (a) of the sixth paragraph of Part VI of Annex VI, on the basis of indicative lists of products which Member States regard as corresponding in their territory to those provisions and which Member States shall send to the Commission;

| (c) | for drawing up the list of milk and milk products referred to in the second paragraph of point 5 of Part III of Annex VI and spreadable fats referred to in point (a) of the sixth paragraph of Part VI of Annex VI, on the basis of indicative lists of products which Member States regard as corresponding in their territory to those provisions and which Member States shall send to the Commission; |
| --- | --- |

(c)

for drawing up the list of milk and milk products referred to in the second paragraph of point 5 of Part III of Annex VI and spreadable fats referred to in point (a) of the sixth paragraph of Part VI of Annex VI, on the basis of indicative lists of products which Member States regard as corresponding in their territory to those provisions and which Member States shall send to the Commission;

| (d) | for the implementation of the marketing standards by sector or product, including the detailed rules for the taking of samples and the methods of analysis for determining the composition of products; |
| --- | --- |

(d)

for the implementation of the marketing standards by sector or product, including the detailed rules for the taking of samples and the methods of analysis for determining the composition of products;

| (d) | for the implementation of the marketing standards by sector or product, including the detailed rules for the taking of samples and the methods of analysis for determining the composition of products; |
| --- | --- |

(d)

for the implementation of the marketing standards by sector or product, including the detailed rules for the taking of samples and the methods of analysis for determining the composition of products;

| (e) | for determining whether products have undergone processes contrary to the authorised oenological practices; |
| --- | --- |

(e)

for determining whether products have undergone processes contrary to the authorised oenological practices;

| (e) | for determining whether products have undergone processes contrary to the authorised oenological practices; |
| --- | --- |

(e)

for determining whether products have undergone processes contrary to the authorised oenological practices;

| (f) | for fixing of the tolerance level; |
| --- | --- |

(f)

for fixing of the tolerance level;

| (f) | for fixing of the tolerance level; |
| --- | --- |

(f)

for fixing of the tolerance level;

| (g) | for the implementation of Article 66. |
| --- | --- |

(g)

for the implementation of Article 66.

| (g) | for the implementation of Article 66. |
| --- | --- |

(g)

for the implementation of Article 66.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 174

Proposal for a regulation

Article 69

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 69 | Article 69 |
| Scope | Scope |
| 1.   Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VI. | 1.   Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VI. |
| 2.   The rules referred to in paragraph 1 shall be based on: | 2.   The rules referred to in paragraph 1 shall be based on: |
| (a) | protecting of legitimate interests of consumers and producers; |

Text proposed by the Commission

Amendment

Article 69

Article 69

Scope

Scope

1.   Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VI.

1.   Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VI.

2.   The rules referred to in paragraph 1 shall be based on:

2.   The rules referred to in paragraph 1 shall be based on:

(a)

protecting of legitimate interests of consumers and producers;

| (a) | protecting of legitimate interests of consumers and producers; |
| --- | --- |

(a)

protecting of legitimate interests of consumers and producers;

| (b) | ensuring the smooth operation of the internal market in the products concerned; and |
| --- | --- |

(b)

ensuring the smooth operation of the internal market in the products concerned; and

| (b) | ensuring the smooth operation of the internal market in the products concerned; and |
| --- | --- |

(b)

ensuring the smooth operation of the internal market in the products concerned; and

| (c) | promoting the production of
  quality
  products, whilst allowing national quality policy measures. |
| --- | --- |

(c)

promoting the production of
  quality
  products, whilst allowing national quality policy measures.

| (c) | promoting the production of products
  under quality schemes
  , whilst allowing national quality policy measures. |
| --- | --- |

(c)

promoting the production of products
  under quality schemes
  , whilst allowing national quality policy measures.

Amendment 175

Proposal for a regulation

Article 70

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 70 | Article 70 |
| Definitions | Definitions |
| 1.   For the purposes of this Section, the following definitions shall apply: | 1.   For the purposes of this Section, the following definitions shall apply: |
| (a) | ‘a designation of origin’ shall mean the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product referred to in Article 69(1) complying with the following requirements: |

Text proposed by the Commission

Amendment

Article 70

Article 70

Definitions

Definitions

1.   For the purposes of this Section, the following definitions shall apply:

1.   For the purposes of this Section, the following definitions shall apply:

(a)

‘a designation of origin’ shall mean the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product referred to in Article 69(1) complying with the following requirements:

| (a) | ‘a designation of origin’ shall mean the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product referred to in Article 69(1) complying with the following requirements: |
| --- | --- |

(a)

‘a designation of origin’ shall mean the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product referred to in Article 69(1) complying with the following requirements:

| | (i) | the quality and characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; |
| --- | --- | --- |

(i)

the quality and characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;

| | (i) | the quality and characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; |
| --- | --- | --- |

(i)

the quality and characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;

| | (ii) | the grapes from which the product is produced come exclusively from that geographical area; |
| --- | --- | --- |

(ii)

the grapes from which the product is produced come exclusively from that geographical area;

| | (ii) | the grapes from which the product is produced come exclusively from that geographical area; |
| --- | --- | --- |

(ii)

the grapes from which the product is produced come exclusively from that geographical area;

| | (iii) | the production takes place in that geographical area; and |
| --- | --- | --- |

(iii)

the production takes place in that geographical area; and

| | (iii) | the production takes place in that geographical area; and |
| --- | --- | --- |

(iii)

the production takes place in that geographical area; and

| | (iv) | the product is obtained from vine varieties belonging to Vitis vinifera; |
| --- | --- | --- |

(iv)

the product is obtained from vine varieties belonging to Vitis vinifera;

| | (iv) | the product is obtained from vine varieties belonging to Vitis vinifera; |
| --- | --- | --- |

(iv)

the product is obtained from vine varieties belonging to Vitis vinifera;

| (b) | ‘a geographical indication’ shall mean an indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product referred to in Article 69(1) complying with the following requirements: |
| --- | --- |

(b)

‘a geographical indication’ shall mean an indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product referred to in Article 69(1) complying with the following requirements:

| (b) | ‘a geographical indication’ shall mean an indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product referred to in Article 69(1) complying with the following requirements: |
| --- | --- |

(b)

‘a geographical indication’ shall mean an indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product referred to in Article 69(1) complying with the following requirements:

| | (i) | it possesses a specific quality, reputation or other characteristics attributable to that geographical origin; |
| --- | --- | --- |

(i)

it possesses a specific quality, reputation or other characteristics attributable to that geographical origin;

| | (i) | it possesses a specific quality, reputation or other characteristics attributable to that geographical origin; |
| --- | --- | --- |

(i)

it possesses a specific quality, reputation or other characteristics attributable to that geographical origin;

| | (ii) | at least 85 % of the grapes used for its production come exclusively from that geographical area; |
| --- | --- | --- |

(ii)

at least 85 % of the grapes used for its production come exclusively from that geographical area;

| | (ii) | at least 85 % of the grapes used for its production come exclusively from that geographical area; |
| --- | --- | --- |

(ii)

at least 85 % of the grapes used for its production come exclusively from that geographical area;

| | (iii) | its production takes place in that geographical area; and |
| --- | --- | --- |

(iii)

its production takes place in that geographical area; and

| | (iii) | its production takes place in that geographical area; and |
| --- | --- | --- |

(iii)

its production takes place in that geographical area; and

| | (iv) | it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis. |
| --- | --- | --- |

(iv)

it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.

| | (iv) | it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis. |
| --- | --- | --- |

(iv)

it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.

1a.
     
  For the purpose of the application of points (a)(iii) and (b)(iii) of paragraph 1, ‘production’ shall cover all the operations involved, from the harvesting of the grapes to the completion of the wine-making process, with the exception of any post-production processes.

For the purpose of the application of point (b)(ii) of paragraph 1, the maximum 15 % share of grapes which may originate outside the demarcated geographical area shall originate from the Member State or third country in which the demarcated area is situated.

By way of derogation from points (a)(iii) and (b)(iii) of paragraph 1, and on condition that the product specification laid down in Article 71(2) so provides, a product with a protected designation of origin or a protected geographical indication may be made into wine either:

| (a) | in an area in the immediate proximity of the demarcated area concerned; |
| --- | --- |

(a)

in an area in the immediate proximity of the demarcated area concerned;

| (b) | in an area located within the same administrative unit or within a neighbouring administrative unit, as defined by national law; |
| --- | --- |

(b)

in an area located within the same administrative unit or within a neighbouring administrative unit, as defined by national law;

| (c) | in the case of a trans-border designation of origin or geographical indication, or where an agreement on control measures exists between two or more Member States or between one or more Member States and one or more third countries, in an area situated in the immediate proximity of the demarcated area in question. |
| --- | --- |

(c)

in the case of a trans-border designation of origin or geographical indication, or where an agreement on control measures exists between two or more Member States or between one or more Member States and one or more third countries, in an area situated in the immediate proximity of the demarcated area in question.

By way of derogation from point (a) (iii) of paragraph 1 and from the third subparagraph of this paragraph, and on condition that the product specification laid down in Article 71(2) so provides, a product may be made into sparkling wine or semi-sparkling wine with a protected designation of origin beyond the immediate proximity of the demarcated area in question if this practice was in use prior to 1 March 1986.

2.   Certain traditionally used names shall constitute a designation of origin where they:

2.   Certain traditionally used names shall constitute a designation of origin where they:

| (a) | designate a wine; |
| --- | --- |

(a)

designate a wine;

| (a) | designate a wine; |
| --- | --- |

(a)

designate a wine;

| (b) | refer to a geographical name; |
| --- | --- |

(b)

refer to a geographical name;

| (b) | refer to a geographical name; |
| --- | --- |

(b)

refer to a geographical name;

| (c) | meet the requirements referred to in points (i) to (iv) of paragraph 1(a); and |
| --- | --- |

(c)

meet the requirements referred to in points (i) to (iv) of paragraph 1(a); and

| (c) | meet the requirements referred to in points (i) to (iv) of paragraph 1(a); and |
| --- | --- |

(c)

meet the requirements referred to in points (i) to (iv) of paragraph 1(a); and

| (d) | undergo the procedure conferring protection on designations of origin and geographical indications laid down in this Subsection; |
| --- | --- |

(d)

undergo the procedure conferring protection on designations of origin and geographical indications laid down in this Subsection;

| (d) | undergo the procedure conferring protection on designations of origin and geographical indications laid down in this Subsection; |
| --- | --- |

(d)

undergo the procedure conferring protection on designations of origin and geographical indications laid down in this Subsection;

3.   Designations of origin and geographical indications, including those relating to geographical areas in third countries, shall be eligible for protection in the Union in accordance with the rules laid down in this Subsection.

3.   Designations of origin and geographical indications, including those relating to geographical areas in third countries, shall be eligible for protection in the Union in accordance with the rules laid down in this Subsection.

Amendment 176

Proposal for a regulation

Article 71

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 71 | Article 71 |
| Applications for protection | Applications for protection |
| 1.   Applications for protection of names as designations of origin or geographical indications shall include a technical file containing: | 1.   Applications for protection of names as designations of origin or geographical indications shall include a technical file containing: |
| (a) | the name to be protected; |

Text proposed by the Commission

Amendment

Article 71

Article 71

Applications for protection

Applications for protection

1.   Applications for protection of names as designations of origin or geographical indications shall include a technical file containing:

1.   Applications for protection of names as designations of origin or geographical indications shall include a technical file containing:

(a)

the name to be protected;

| (a) | the name to be protected; |
| --- | --- |

(a)

the name to be protected;

| (b) | the name and address of the applicant; |
| --- | --- |

(b)

the name and address of the applicant;

| (b) | the name and address of the applicant; |
| --- | --- |

(b)

the name and address of the applicant;

| (c) | a product specification as referred to in paragraph 2; and |
| --- | --- |

(c)

a product specification as referred to in paragraph 2; and

| (c) | a product specification as referred to in paragraph 2; and |
| --- | --- |

(c)

a product specification as referred to in paragraph 2; and

| (d) | a single document summarising the product specification referred to in paragraph 2. |
| --- | --- |

(d)

a single document summarising the product specification referred to in paragraph 2.

| (d) | a single document summarising the product specification referred to in paragraph 2. |
| --- | --- |

(d)

a single document summarising the product specification referred to in paragraph 2.

2.   The product specification shall enable interested parties to verify the relevant conditions of production of the designation of origin or geographical indication.

2.   The product specification shall enable interested parties to verify the relevant conditions of production of the designation of origin or geographical indication.

Such product specification shall at least consist of:

| (a) | the name to be protected; |
| --- | --- |

(a)

the name to be protected;

| (b) | a description of the wine(s) and, in particular; |
| --- | --- |

(b)

a description of the wine(s) and, in particular;

| | (i) | for wines with a designation of origin, their principal analytical and organoleptic characteristics; |
| --- | --- | --- |

(i)

for wines with a designation of origin, their principal analytical and organoleptic characteristics;

| | (ii) | for wines with a geographical indication, their principal analytical characteristics as well as an evaluation or indication of their organoleptic characteristics; |
| --- | --- | --- |

(ii)

for wines with a geographical indication, their principal analytical characteristics as well as an evaluation or indication of their organoleptic characteristics;

| (c) | where applicable, the specific oenological practices used to make the wine(s) as well as the relevant restrictions on making the wine(s); |
| --- | --- |

(c)

where applicable, the specific oenological practices used to make the wine(s) as well as the relevant restrictions on making the wine(s);

| (d) | the demarcation of the geographical area concerned; |
| --- | --- |

(d)

the demarcation of the geographical area concerned;

| (e) | the maximum yields per hectare; |
| --- | --- |

(e)

the maximum yields per hectare;

| (f) | an indication of the wine grape variety or varieties from which the wine(s) is obtained; |
| --- | --- |

(f)

an indication of the wine grape variety or varieties from which the wine(s) is obtained;

| (g) | the details proving that the requirements referred to in Article 70(1)(a) or, as the case may be, in Article 70(1)(b)(i), have been complied with; |
| --- | --- |

(g)

the details proving that the requirements referred to in Article 70(1)(a) or, as the case may be, in Article 70(1)(b)(i), have been complied with;

| (h) | any applicable requirements concerning the production of the product with a PDO or a PGI laid down in Union or national law or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication; |
| --- | --- |

(h)

any applicable requirements concerning the production of the product with a PDO or a PGI laid down in Union or national law or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication;

| (i) | the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks. |
| --- | --- |

(i)

the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks.

The requirements referred to in point (h) of the second subparagraph shall be objective, non-discriminatory and compatible with Union law.

3.   Where the application for protection concerns a geographical area in a third country, in addition to the elements provided for in paragraphs 1 and 2, it shall contain a proof that the name concerned is protected in its country of origin.

3.   Where the application for protection concerns a geographical area in a third country, in addition to the elements provided for in paragraphs 1 and 2, it shall contain a proof that the name concerned is protected in its country of origin.

Amendment 177

Proposal for a regulation

Article 73

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 73 | Article 73 |
| Preliminary national procedure | Preliminary national procedure |
| 1.   Applications for protection of a designation of origin or a geographical indication as referred to in Article 71 for wines originating in the Union shall be subject to a preliminary national procedure. | 1.   Applications for protection of a designation of origin or a geographical indication as referred to in Article 71 for wines originating in the Union shall be subject to a preliminary national procedure. |
| | 1a.
     
  The application for protection shall be filed with the Member State on the territory of which the designation of origin or geographical indication originates. |
| | The Member State shall examine the application for protection in order to verify whether it meets the conditions laid down in this Subsection. |
| | The Member State shall ensure the adequate publication at national level of the application and provide for a period of at least two months from the date of publication within which written objections to the proposed protection may be lodged. Such objections shall be in the form of a duly substantiated statement and may be made by any natural or legal person resident or established on the territory of the Member State, having a legitimate interest. |
| 2.   If the Member State considers that the designation of origin or geographical indication does not
  meet
  the
  requirements
  or is incompatible with Union law, it shall reject the application. | 2.   If the Member State considers that the designation of origin or
  the
  geographical indication does not
  comply with
  the
  conditions laid down in this Subsection
  or is incompatible with Union law, it shall reject the application. |
| 3.   If the Member State considers that the
  requirements
  are
  met
  , it shall
  carry out a national procedure which ensures adequate publication of the product specification at least on the Internet
  . | 3.   If the Member State considers that the
  conditions laid down in this Subsection
  are
  complied with
  , it shall: |
| | (a) | ensure adequate publication, at least on the Internet, of the product specification referred to in point (d) of Article 71(1)
  ; |

Text proposed by the Commission

Amendment

Article 73

Article 73

Preliminary national procedure

Preliminary national procedure

1.   Applications for protection of a designation of origin or a geographical indication as referred to in Article 71 for wines originating in the Union shall be subject to a preliminary national procedure.

1.   Applications for protection of a designation of origin or a geographical indication as referred to in Article 71 for wines originating in the Union shall be subject to a preliminary national procedure.

1a.
     
  The application for protection shall be filed with the Member State on the territory of which the designation of origin or geographical indication originates.

The Member State shall examine the application for protection in order to verify whether it meets the conditions laid down in this Subsection.

The Member State shall ensure the adequate publication at national level of the application and provide for a period of at least two months from the date of publication within which written objections to the proposed protection may be lodged. Such objections shall be in the form of a duly substantiated statement and may be made by any natural or legal person resident or established on the territory of the Member State, having a legitimate interest.

2.   If the Member State considers that the designation of origin or geographical indication does not
  meet
  the
  requirements
  or is incompatible with Union law, it shall reject the application.

2.   If the Member State considers that the designation of origin or
  the
  geographical indication does not
  comply with
  the
  conditions laid down in this Subsection
  or is incompatible with Union law, it shall reject the application.

3.   If the Member State considers that the
  requirements
  are
  met
  , it shall
  carry out a national procedure which ensures adequate publication of the product specification at least on the Internet
  .

3.   If the Member State considers that the
  conditions laid down in this Subsection
  are
  complied with
  , it shall:

(a)

ensure adequate publication, at least on the Internet, of the product specification referred to in point (d) of Article 71(1)
  ;

| (b) | submit to the Commission an application for protection containing the following information: |
| --- | --- |

(b)

submit to the Commission an application for protection containing the following information:

| | (i) | the name and address of the applicant; |
| --- | --- | --- |

(i)

the name and address of the applicant;

| | (ii) | the single document referred to in Article 71(1)(d); |
| --- | --- | --- |

(ii)

the single document referred to in Article 71(1)(d);

| | (iii) | a declaration by the Member State that it considers that the application lodged by the applicant meets the conditions required; and |
| --- | --- | --- |

(iii)

a declaration by the Member State that it considers that the application lodged by the applicant meets the conditions required; and

| | (iv) | the reference to the publication made pursuant to point (a). |
| --- | --- | --- |

(iv)

the reference to the publication made pursuant to point (a).

The information referred to in point (b) of the first subparagraph shall be forwarded in one of the official languages of the Union or accompanied by a certified translation into one of those languages.

Amendment 178

Proposal for a regulation

Article 79

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 79 | Article 79 |
| Relationships with trademarks | Relationships with trademarks |
| 1.   
  Where a designation of origin or a geographical indication is protected under this Regulation,
  the registration of a trade mark the use of which falls under Article 80(2) and relating to a product falling under one of the categories listed in Part II of Annex VI shall be refused if the application for registration of the trade mark is submitted after the date of
  submission
  of the application for protection of the designation of origin or geographical indication to the Commission and the designation of origin or geographical indication is subsequently protected. | 1.   The registration of a trade mark
  which contains a designation of origin or geographical indication protected under this Regulation, or which is constituted by such a designation or indication,
  the use of which falls under Article 80(2) and relating to a product falling under one of the categories listed in Part II of Annex VI shall be refused if the application for registration of the trade mark is submitted after the date of
  the lodging
  of the application for protection of the designation of origin or geographical indication to the Commission and the designation of origin or geographical indication is subsequently protected. |
| Trade marks registered in breach of the first subparagraph shall be invalidated. | Trade marks registered in breach of the first subparagraph shall be invalidated. |
| 2.   Without prejudice to Article 78(2), a trade mark the use of which falls under Article 80(2), which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Union before the date
  on which the application for
  protection
  of
  the designation of origin or geographical
  indication is submitted to the Commission
  , may continue to be used
  and renewed
  notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trade mark’s invalidity or revocation exist under Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks or by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark. | 2.   Without prejudice to Article 78(2), a trade mark the use of which falls under Article 80(2), which has been applied for, registered or established by use
  in good faith
  , if that possibility is provided for by the legislation concerned, in the territory of the Union
  either
  before the date
  of
  protection of the designation of origin or geographical indication
  in the country of origin, or before 1 January 1996
  , may continue to be used notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trade mark’s invalidity or revocation exist under Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks or by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark. |
| In such cases the use of the designation of origin or geographical indication shall be permitted alongside the relevant trade marks. | In such cases the use of the designation of origin or geographical indication shall be permitted alongside the relevant trade marks. |

Text proposed by the Commission

Amendment

Article 79

Article 79

Relationships with trademarks

Relationships with trademarks

1.   
  Where a designation of origin or a geographical indication is protected under this Regulation,
  the registration of a trade mark the use of which falls under Article 80(2) and relating to a product falling under one of the categories listed in Part II of Annex VI shall be refused if the application for registration of the trade mark is submitted after the date of
  submission
  of the application for protection of the designation of origin or geographical indication to the Commission and the designation of origin or geographical indication is subsequently protected.

1.   The registration of a trade mark
  which contains a designation of origin or geographical indication protected under this Regulation, or which is constituted by such a designation or indication,
  the use of which falls under Article 80(2) and relating to a product falling under one of the categories listed in Part II of Annex VI shall be refused if the application for registration of the trade mark is submitted after the date of
  the lodging
  of the application for protection of the designation of origin or geographical indication to the Commission and the designation of origin or geographical indication is subsequently protected.

Trade marks registered in breach of the first subparagraph shall be invalidated.

Trade marks registered in breach of the first subparagraph shall be invalidated.

2.   Without prejudice to Article 78(2), a trade mark the use of which falls under Article 80(2), which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Union before the date
  on which the application for
  protection
  of
  the designation of origin or geographical
  indication is submitted to the Commission
  , may continue to be used
  and renewed
  notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trade mark’s invalidity or revocation exist under Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks or by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark.

2.   Without prejudice to Article 78(2), a trade mark the use of which falls under Article 80(2), which has been applied for, registered or established by use
  in good faith
  , if that possibility is provided for by the legislation concerned, in the territory of the Union
  either
  before the date
  of
  protection of the designation of origin or geographical indication
  in the country of origin, or before 1 January 1996
  , may continue to be used notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trade mark’s invalidity or revocation exist under Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks or by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark.

In such cases the use of the designation of origin or geographical indication shall be permitted alongside the relevant trade marks.

In such cases the use of the designation of origin or geographical indication shall be permitted alongside the relevant trade marks.

Amendment 179

Proposal for a regulation

Article 82

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 82 | Article 82 |
| Amendments to product specifications | Amendments to product specifications |
| 1.   An applicant satisfying the conditions laid down
  pursuant to point (b) of Article 86(4)
  may apply for approval of an amendment to the product specification of a protected designation of origin or a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area
  concerned
  . Applications shall describe and
  give
  reasons for the amendments requested. | 1.   An applicant satisfying the conditions laid down
  in Article 72
  may apply for approval of an amendment to the product specification of a protected designation of origin or
  of
  a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area
  referred to in point (d) of the second subparagraph of Article 71(2)
  . Applications shall describe and
  state
  reasons for the amendments requested. |
| | By way of derogation from paragraph 1, Member States or third countries concerned, or their competent authority, may apply for approval of an amendment to the product specification of existing protected wine names in accordance with Article 84(1). |
| | 1a.
     
  Where the proposed amendment involves one or more amendments to the single document referred to in Article 71(1)(d), Articles 73 to 76 shall apply mutatis mutandis to the amendment application. However, if the proposed amendment is only minor, the Commission shall adopt implementing acts, containing its decision whether to approve the application without following the procedure laid down in Article 74(2) and Article 75 and, in the event of approval, shall publish the elements referred to in Article 74(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). |
| | 1b.
     
  Where the proposed amendment does not involve any change to the single document, the following rules shall apply: |
| | (a) | where the geographical area concerned is in a given Member State, that Member State shall decide on the amendment and, in the event of approval, shall publish the amended product specification and inform the Commission of the amendments approved and the reasons for them; |

Text proposed by the Commission

Amendment

Article 82

Article 82

Amendments to product specifications

Amendments to product specifications

1.   An applicant satisfying the conditions laid down
  pursuant to point (b) of Article 86(4)
  may apply for approval of an amendment to the product specification of a protected designation of origin or a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area
  concerned
  . Applications shall describe and
  give
  reasons for the amendments requested.

1.   An applicant satisfying the conditions laid down
  in Article 72
  may apply for approval of an amendment to the product specification of a protected designation of origin or
  of
  a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area
  referred to in point (d) of the second subparagraph of Article 71(2)
  . Applications shall describe and
  state
  reasons for the amendments requested.

By way of derogation from paragraph 1, Member States or third countries concerned, or their competent authority, may apply for approval of an amendment to the product specification of existing protected wine names in accordance with Article 84(1).

1a.
     
  Where the proposed amendment involves one or more amendments to the single document referred to in Article 71(1)(d), Articles 73 to 76 shall apply mutatis mutandis to the amendment application. However, if the proposed amendment is only minor, the Commission shall adopt implementing acts, containing its decision whether to approve the application without following the procedure laid down in Article 74(2) and Article 75 and, in the event of approval, shall publish the elements referred to in Article 74(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

1b.
     
  Where the proposed amendment does not involve any change to the single document, the following rules shall apply:

(a)

where the geographical area concerned is in a given Member State, that Member State shall decide on the amendment and, in the event of approval, shall publish the amended product specification and inform the Commission of the amendments approved and the reasons for them;

| (b) | where the geographical area concerned is in a third country, the Commission shall, by means of implementing acts, decide whether to approve the proposed amendment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). |
| --- | --- |

(b)

where the geographical area concerned is in a third country, the Commission shall, by means of implementing acts, decide whether to approve the proposed amendment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 180

Proposal for a regulation

Article 84

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 84 | Article 84 |
| Existing protected wine names | Existing protected wine names |
| 1.   Wine names,
  which are protected in accordance with
  Articles 51 and 54 of Council Regulation (EC) No 1493/1999 and Article 28 of Commission Regulation (EC) No 753/2002, shall automatically
  be
  protected under this Regulation. The Commission shall list them in the register provided for in Article 81 of this Regulation. | 1.   Wine names
  referred to in
  Articles 51 and 54 of Council Regulation (EC) No 1493/1999 and Article 28 of Commission Regulation (EC) No 753/2002, shall
  be
  automatically protected under this Regulation. The Commission shall list them in the register provided for in Article 81 of this Regulation. |
| 2.   The Commission
  shall take the corresponding formal step
  of removing wine names to which
  Article 191(3) of Regulation (EU) No [COM(2010)799]
  applies from the register provided for in Article 81
  by means of implementing acts. | 2.   The Commission may adopt implementing acts removing wine names to which Article
  118s(3) of Regulation (EC) No 1234/2007
  applies from the register provided for in Article 81.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). |
| 3.   Article 83 shall not apply to existing protected wine names referred to in paragraph 1 of this Article. | 3.   Article 83 shall not apply to existing protected wine names referred to in paragraph 1 of this Article. |
| Until 31 December 2014 the Commission may, on its own initiative, by means of implementing acts, decide to cancel protection of existing protected wine names referred to in paragraph 1 of this Article if they do not meet the conditions laid down in Article 70. | Until 31 December 2014 the Commission may, on its own initiative, by means of implementing acts, decide to cancel protection of existing protected wine names referred to in paragraph 1 of this Article if they do not meet the conditions laid down in Article 70. |
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). | Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). |
| 4.   For Croatia, the wine names published in the Official Journal of the European Union shall be protected under this Regulation, subject to a favourable outcome of the objection procedure. The Commission shall list them in the register provided for in Article 81. | 4.   For Croatia, the wine names published in the Official Journal of the European Union shall be protected under this Regulation, subject to a favourable outcome of the objection procedure. The Commission shall list them in the register provided for in Article 81. |

Text proposed by the Commission

Amendment

Article 84

Article 84

Existing protected wine names

Existing protected wine names

1.   Wine names,
  which are protected in accordance with
  Articles 51 and 54 of Council Regulation (EC) No 1493/1999 and Article 28 of Commission Regulation (EC) No 753/2002, shall automatically
  be
  protected under this Regulation. The Commission shall list them in the register provided for in Article 81 of this Regulation.

1.   Wine names
  referred to in
  Articles 51 and 54 of Council Regulation (EC) No 1493/1999 and Article 28 of Commission Regulation (EC) No 753/2002, shall
  be
  automatically protected under this Regulation. The Commission shall list them in the register provided for in Article 81 of this Regulation.

2.   The Commission
  shall take the corresponding formal step
  of removing wine names to which
  Article 191(3) of Regulation (EU) No [COM(2010)799]
  applies from the register provided for in Article 81
  by means of implementing acts.

2.   The Commission may adopt implementing acts removing wine names to which Article
  118s(3) of Regulation (EC) No 1234/2007
  applies from the register provided for in Article 81.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

3.   Article 83 shall not apply to existing protected wine names referred to in paragraph 1 of this Article.

3.   Article 83 shall not apply to existing protected wine names referred to in paragraph 1 of this Article.

Until 31 December 2014 the Commission may, on its own initiative, by means of implementing acts, decide to cancel protection of existing protected wine names referred to in paragraph 1 of this Article if they do not meet the conditions laid down in Article 70.

Until 31 December 2014 the Commission may, on its own initiative, by means of implementing acts, decide to cancel protection of existing protected wine names referred to in paragraph 1 of this Article if they do not meet the conditions laid down in Article 70.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

4.   For Croatia, the wine names published in the Official Journal of the European Union shall be protected under this Regulation, subject to a favourable outcome of the objection procedure. The Commission shall list them in the register provided for in Article 81.

4.   For Croatia, the wine names published in the Official Journal of the European Union shall be protected under this Regulation, subject to a favourable outcome of the objection procedure. The Commission shall list them in the register provided for in Article 81.

Amendment 181

Proposal for a regulation

Article 86

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 86 | Article 86 |
| Delegated powers | Delegated powers |
| 1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 5 of this Article. | 1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 5 of this Article. |
| 2.   Taking into account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts, adopt: | 2.   Taking into account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts, adopt: |
| (a) | the
  principles
  for the demarcation of the geographical area, and |

Text proposed by the Commission

Amendment

Article 86

Article 86

Delegated powers

Delegated powers

1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 5 of this Article.

1.   The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 5 of this Article.

2.   Taking into account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts, adopt:

2.   Taking into account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts, adopt:

(a)

the
  principles
  for the demarcation of the geographical area, and

| (a) | the
  additional details
  for the demarcation of the geographical area, and |
| --- | --- |

(a)

the
  additional details
  for the demarcation of the geographical area, and

| (b) | the
  definitions,
  restrictions and derogations concerning the production in the demarcated geographical area. |
| --- | --- |

(b)

the
  definitions,
  restrictions and derogations concerning the production in the demarcated geographical area.

| (b) | the restrictions and derogations concerning the production in the demarcated geographical area. |
| --- | --- |

(b)

the restrictions and derogations concerning the production in the demarcated geographical area.

3.   Taking into account the need to ensure product quality and traceability, the Commission may, by means of delegated acts, provide for the conditions under which product specifications may include additional requirements.

3.   Taking into account the need to ensure product quality and traceability, the Commission may, by means of delegated acts, provide for the conditions under which product specifications may include additional requirements.

4.   Taking into account the need to ensure the legitimate rights and interests of producers or operators, the Commission may, by means of delegated acts, adopt rules on:

4.   Taking into account the need to ensure the legitimate rights and interests of producers or operators, the Commission may, by means of delegated acts, adopt rules on:

| (a) | the elements of the product specification; |
| --- | --- |

(a)

the elements of the product specification;

| (b) | the type of applicant that may apply for the protection of a designation of origin or geographical indication; |
| --- | --- |

(b)

the type of applicant that may apply for the protection of a designation of origin or geographical indication;

| (b) | the type of applicant that may apply for the protection of a designation of origin or geographical indication; |
| --- | --- |

(b)

the type of applicant that may apply for the protection of a designation of origin or geographical indication;

| (c) | the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication,
  preliminary national procedures,
  scrutiny by the Commission, objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications; |
| --- | --- |

(c)

the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication,
  preliminary national procedures,
  scrutiny by the Commission, objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;

| (c) | the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, scrutiny by the Commission, objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications; |
| --- | --- |

(c)

the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, scrutiny by the Commission, objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;

| (d) | the conditions applicable to trans-border applications; |
| --- | --- |

(d)

the conditions applicable to trans-border applications;

| (d) | the conditions applicable to trans-border applications; |
| --- | --- |

(d)

the conditions applicable to trans-border applications;

| (e) | the conditions for applications concerning geographical areas in a third country; |
| --- | --- |

(e)

the conditions for applications concerning geographical areas in a third country;

| (e) | the conditions for applications concerning geographical areas in a third country; |
| --- | --- |

(e)

the conditions for applications concerning geographical areas in a third country;

| (f) | the date from which a protection or an amendment of a protection shall apply; |
| --- | --- |

(f)

the date from which a protection or an amendment of a protection shall apply;

| (f) | the date from which a protection or an amendment of a protection shall apply; |
| --- | --- |

(f)

the date from which a protection or an amendment of a protection shall apply;

| (g) | the conditions related to amendments to product specifications. |
| --- | --- |

(g)

the conditions related to amendments to product specifications.

| (g) | the conditions related to amendments to product specifications
  and the conditions under which an amendment is to be considered as minor within the meaning of Article 82(1a)
  . |
| --- | --- |

(g)

the conditions related to amendments to product specifications
  and the conditions under which an amendment is to be considered as minor within the meaning of Article 82(1a)
  .

5.   Taking into account the need to ensure an adequate protection, the Commission may, by means of delegated acts, adopt restrictions regarding the protected name.

5.   Taking into account the need to ensure an adequate protection, the Commission may, by means of delegated acts, adopt restrictions regarding the protected name.

6.
     
  Taking into account the need to ensure that economic operators and competent authorities are not prejudiced by the application of this Subsection as regards wine names which have been granted protection prior to 1 August 2009 or for which an application for protection has been made prior to that date, the Commission may, by means of delegated acts, adopt transitional provisions concerning:

| (a) | wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009 and wine names for which an application for protection has been made prior to that date; |
| --- | --- |

(a)

wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009 and wine names for which an application for protection has been made prior to that date;

| (b) | preliminary national procedure; |
| --- | --- |

(b)

preliminary national procedure;

| (c) | wines placed on the market or labelled before a specific date; and |
| --- | --- |

(c)

wines placed on the market or labelled before a specific date; and

| (d) | amendments to the product specifications. |
| --- | --- |

(d)

amendments to the product specifications.

Amendment 182

Proposal for a regulation

Article 89 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Traditional terms shall be recognised, defined and protected by the Commission. |

Text proposed by the Commission

Amendment

1a.
     
  Traditional terms shall be recognised, defined and protected by the Commission.

Amendment 183

Proposal for a regulation

Article 89 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1b.
     
  Traditional terms shall be protected only in the language and for the categories of grape vine products claimed in the application, against: |
| | (a) | any misuse of the protected term, including where it is accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar; |

Text proposed by the Commission

Amendment

1b.
     
  Traditional terms shall be protected only in the language and for the categories of grape vine products claimed in the application, against:

(a)

any misuse of the protected term, including where it is accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar;

| (b) | any other false or misleading indication as to the nature, characteristics or essential qualities of the product, placed on the inner or outer packaging, advertising material or documents relating to it; |
| --- | --- |

(b)

any other false or misleading indication as to the nature, characteristics or essential qualities of the product, placed on the inner or outer packaging, advertising material or documents relating to it;

| (c) | any other practice likely to mislead the consumer, in particular to give the impression that the wine qualifies for the protected traditional term. |
| --- | --- |

(c)

any other practice likely to mislead the consumer, in particular to give the impression that the wine qualifies for the protected traditional term.

Amendment 184

Proposal for a regulation

Article 89 — paragraph 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1c.
     
  Where a traditional term is protected under this Regulation, the registration of a trademark, the use of which would contravene Article 89c, shall be assessed in accordance with Directive 2008/95/EC or Regulation (EC) No 207/2009. |
| | Trademarks registered in breach of the first subparagraph shall be declared invalid upon request in accordance with the applicable procedures as specified by Directive 2008/95/EC or Regulation (EC) No 207/2009. |
| | A trademark, which corresponds to one of the situations referred to in Article 89c of this Regulation, and which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Union before 4 May 2002 or before the date of submission of the application for protection of the traditional term to the Commission, may continue to be used and renewed notwithstanding the protection of the traditional term. In such cases the use of the traditional term shall be permitted alongside the relevant trademark. |
| | A name shall not be protected as a traditional term, where in the light of a trademark's reputation and renown, such protection is liable to mislead the consumer as to the true identity, nature, characteristic or quality of the wine. |

Text proposed by the Commission

Amendment

1c.
     
  Where a traditional term is protected under this Regulation, the registration of a trademark, the use of which would contravene Article 89c, shall be assessed in accordance with Directive 2008/95/EC or Regulation (EC) No 207/2009.

Trademarks registered in breach of the first subparagraph shall be declared invalid upon request in accordance with the applicable procedures as specified by Directive 2008/95/EC or Regulation (EC) No 207/2009.

A trademark, which corresponds to one of the situations referred to in Article 89c of this Regulation, and which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Union before 4 May 2002 or before the date of submission of the application for protection of the traditional term to the Commission, may continue to be used and renewed notwithstanding the protection of the traditional term. In such cases the use of the traditional term shall be permitted alongside the relevant trademark.

A name shall not be protected as a traditional term, where in the light of a trademark's reputation and renown, such protection is liable to mislead the consumer as to the true identity, nature, characteristic or quality of the wine.

Amendment 185

Proposal for a regulation

Article 89 — paragraph 1 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1d.
     
  A term, for which an application is lodged and which is wholly or partially homonymous with that of a traditional term already protected under this Chapter shall be protected paying due regard to local and traditional usage and to the risk of confusion. A homonymous term which misleads consumers as to the nature, quality or the true origin of the products shall not be registered even if the term is accurate. |
| | The use of a protected homonymous term shall be subject to there being a sufficient distinction in practice between the homonym protected subsequently and the traditional term already protected, having regard to the need to treat the producers concerned in an equitable manner and not to mislead the consumer. |

Text proposed by the Commission

Amendment

1d.
     
  A term, for which an application is lodged and which is wholly or partially homonymous with that of a traditional term already protected under this Chapter shall be protected paying due regard to local and traditional usage and to the risk of confusion. A homonymous term which misleads consumers as to the nature, quality or the true origin of the products shall not be registered even if the term is accurate.

The use of a protected homonymous term shall be subject to there being a sufficient distinction in practice between the homonym protected subsequently and the traditional term already protected, having regard to the need to treat the producers concerned in an equitable manner and not to mislead the consumer.

Amendment 186

Proposal for a regulation

Article 89 — paragraph 1 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1e.
     
  Within two months from the date of publication of the application by the Commission, any Member State or third country, or any natural or legal person having a legitimate interest may object to the proposed recognition by lodging a request of objection. |

Text proposed by the Commission

Amendment

1e.
     
  Within two months from the date of publication of the application by the Commission, any Member State or third country, or any natural or legal person having a legitimate interest may object to the proposed recognition by lodging a request of objection.

Amendment 187

Proposal for a regulation

Article 89 — paragraph 1 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1f.
     
  An applicant may apply for an approval of a modification of a traditional term, the language indicated, the wine or wines concerned or of the summary of the definition or conditions of use of the traditional term concerned. |

Text proposed by the Commission

Amendment

1f.
     
  An applicant may apply for an approval of a modification of a traditional term, the language indicated, the wine or wines concerned or of the summary of the definition or conditions of use of the traditional term concerned.

Amendment 188

Proposal for a regulation

Article 89 — paragraph 1 g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1 g.
     
  The Commission may, on a duly substantiated request by a Member State, a third country or a natural or legal person having a legitimate interest, adopt implementing acts, containing its decision to cancel the protection of a traditional term if it no longer meets the definition laid down in Article 89. |
| | Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). |

Text proposed by the Commission

Amendment

1 g.
     
  The Commission may, on a duly substantiated request by a Member State, a third country or a natural or legal person having a legitimate interest, adopt implementing acts, containing its decision to cancel the protection of a traditional term if it no longer meets the definition laid down in Article 89.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 189

Proposal for a regulation

Article 89 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 89a |
| | Conditions for the use of traditional terms |
| | 1.
     
  The term to be protected shall be either: |
| | (a) | in the official language(s) or regional language(s) of the Member State or third country where the term originates; or |

Text proposed by the Commission

Amendment

Article 89a

Conditions for the use of traditional terms

1.
     
  The term to be protected shall be either:

(a)

in the official language(s) or regional language(s) of the Member State or third country where the term originates; or

| (b) | in the language used in commerce for this term. |
| --- | --- |

(b)

in the language used in commerce for this term.

2.
     
  The term used in a certain language shall refer to specific products referred to in Article 69(1).

3.
     
  The term shall be registered with its original spelling(s).

Amendment 190

Proposal for a regulation

Article 89 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 89b |
| | Conditions of validity |
| | 1.
     
  The recognition of a traditional term shall be accepted if: |
| | (a) | the term consists solely of: |

Text proposed by the Commission

Amendment

Article 89b

Conditions of validity

1.
     
  The recognition of a traditional term shall be accepted if:

(a)

the term consists solely of:

| | (i) | a name traditionally used in commerce in a large part of the territory of the Community or of the third country concerned, to distinguish specific categories of grapevine products referred to in Article 69(1); or |
| --- | --- | --- |

(i)

a name traditionally used in commerce in a large part of the territory of the Community or of the third country concerned, to distinguish specific categories of grapevine products referred to in Article 69(1); or

| | (ii) | a reputed name traditionally used in commerce in at least the territory of the Member State or third country concerned, to distinguish specific categories of grapevine products referred to in Article 69(1); |
| --- | --- | --- |

(ii)

a reputed name traditionally used in commerce in at least the territory of the Member State or third country concerned, to distinguish specific categories of grapevine products referred to in Article 69(1);

| (b) | the term shall: |
| --- | --- |

(b)

the term shall:

| | (i) | not be generic; |
| --- | --- | --- |

(i)

not be generic;

| | (ii) | be defined and regulated in the Member State's legislation; or |
| --- | --- | --- |

(ii)

be defined and regulated in the Member State's legislation; or

| | (iii) | be subject to conditions of use as provided for by rules applicable to wine producers in the third country concerned, including those emanating from representative professional organisations. |
| --- | --- | --- |

(iii)

be subject to conditions of use as provided for by rules applicable to wine producers in the third country concerned, including those emanating from representative professional organisations.

2.
     
  For the purpose of paragraph (1), point (a), ‘traditional use’ means:

| (a) | at least five years in the case of terms filed in language(s) referred to in Article 89a, paragraph (1)(a); |
| --- | --- |

(a)

at least five years in the case of terms filed in language(s) referred to in Article 89a, paragraph (1)(a);

| (b) | at least 15 years in the case of terms filed in language(s) referred to in Article 89a(1)(b). |
| --- | --- |

(b)

at least 15 years in the case of terms filed in language(s) referred to in Article 89a(1)(b).

3.
     
  For the purpose of paragraph (1), point (b)(i), ‘generic’ means the name of a traditional term which, although it relates to a specific production method or ageing method, or the quality, colour, type of place, or a particular linked to the history of a grapevine product, has become the common name of the grapevine product in question in the Union.

4.
     
  The condition laid down in paragraph 1(b) of this Article shall not apply to the traditional terms referred to in point (b) of Article 89.

Amendment 191

Proposal for a regulation

Article 89 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 89c |
| | Applicants |
| | 1.
     
  Competent authorities of Member States or third countries or representative professional organisations established in third countries may submit to the Commission an application for protection of traditional terms within the meaning of Article 89. |
| | 2.
     
  ‘Representative professional organisation’ shall mean any producer organisation or association of producer organisations having adopted the same rules, operating in a given wine-growing area or in several wine-growing areas with a designation of origin or geographical indication, where it includes in its membership at least two-thirds of the producers in the designation of origin or geographical indication area(s) in which it operates and accounts for at least two thirds of that area's production. A representative professional organisation may lodge an application for protection only for wines which it produces. |

Text proposed by the Commission

Amendment

Article 89c

Applicants

1.
     
  Competent authorities of Member States or third countries or representative professional organisations established in third countries may submit to the Commission an application for protection of traditional terms within the meaning of Article 89.

2.
     
  ‘Representative professional organisation’ shall mean any producer organisation or association of producer organisations having adopted the same rules, operating in a given wine-growing area or in several wine-growing areas with a designation of origin or geographical indication, where it includes in its membership at least two-thirds of the producers in the designation of origin or geographical indication area(s) in which it operates and accounts for at least two thirds of that area's production. A representative professional organisation may lodge an application for protection only for wines which it produces.

Amendment 192

Proposal for a regulation

Article 89 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 89d |
| | Recognition procedure |
| | Any decision to reject or recognise the traditional term concerned shall be taken by the Commission on the basis of the evidence available to it. It shall consider whether or not the conditions referred to in Article 89, 89a and 89b, or laid down in Article 90a(3) or Article 90b, have been met. |
| | The decision to reject shall be notified to the objector and to the Member State or the third-country authorities or the representative professional organisation established in the third country in question. |

Text proposed by the Commission

Amendment

Article 89d

Recognition procedure

Any decision to reject or recognise the traditional term concerned shall be taken by the Commission on the basis of the evidence available to it. It shall consider whether or not the conditions referred to in Article 89, 89a and 89b, or laid down in Article 90a(3) or Article 90b, have been met.

The decision to reject shall be notified to the objector and to the Member State or the third-country authorities or the representative professional organisation established in the third country in question.

Amendment 193

Proposal for a regulation

Article 91 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the applicants that may apply for the protection of a traditional term; |

Text proposed by the Commission

Amendment

(a)

the applicants that may apply for the protection of a traditional term;

deleted

Amendment 194

Proposal for a regulation

Article 91 — paragraph 3 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the grounds for objecting to a proposed recognition of a traditional term; |

Text proposed by the Commission

Amendment

(c)

the grounds for objecting to a proposed recognition of a traditional term;

deleted

Amendment 195

Proposal for a regulation

Article 91 — paragraph 3 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | the scope of the protection, the relationship with trade marks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names; |

Text proposed by the Commission

Amendment

(d)

the scope of the protection, the relationship with trade marks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names;

deleted

Amendment 196

Proposal for a regulation

Article 91 — paragraph 3 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | the grounds for cancellation of a traditional term; |

Text proposed by the Commission

Amendment

(e)

the grounds for cancellation of a traditional term;

deleted

Amendment 197

Proposal for a regulation

Article 91 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Taking into account the specificities in trade between the Union and certain third countries, the Commission may, , adopt the conditions under which traditional terms may be used on products from third countries and provide for derogations from Article 89. | 4.   Taking into account the specificities in trade between the Union and certain third countries, the Commission may,
  by way of derogation from Article 89,
  adopt
  delegated acts laying down
  the conditions under which traditional terms may be used on products from third countries and provide for derogations from Article 89. |

Text proposed by the Commission

Amendment

4.   Taking into account the specificities in trade between the Union and certain third countries, the Commission may, , adopt the conditions under which traditional terms may be used on products from third countries and provide for derogations from Article 89.

4.   Taking into account the specificities in trade between the Union and certain third countries, the Commission may,
  by way of derogation from Article 89,
  adopt
  delegated acts laying down
  the conditions under which traditional terms may be used on products from third countries and provide for derogations from Article 89.

Amendment 198

Proposal for a regulation

Article 93 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3). |

Text proposed by the Commission

Amendment

Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3).

Amendment 199

Proposal for a regulation

Article 95

| Text proposed by the Commission | Amendment |
| --- | --- |
| Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 89/396/EEC, Directive 2000/13/EC of the European Parliament and of the Council and Directive 2007/45/EC of the European Parliament and of the Council shall apply to the labelling and presentation. | 1.
     Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 89/396/EEC, Directive 2000/13/EC of the European Parliament and of the Council and Directive 2007/45/EC of the European Parliament and of the Council shall apply to the labelling and presentation. |
| | The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VI may not be supplemented by any particulars other than those provided for in this Regulation unless those particulars satisfy the requirements of Article 2(1)(a) of Directive 2000/13/EC. |
| | 1a.
     
  Where one or more of the ingredients listed in Annex IIIa to Directive 2000/13/EC is present in one of the products referred to in Part II of Annex VI to this Regulation, they shall be indicated on the labelling, preceded by the term ‘contains’. |
| | For sulphites, the following terms may be used: ‘sulphites’, ‘sulfites’, ‘sulphur dioxide’ or ‘sulfur dioxide’. |
| | 1b.
     
  The list of ingredients referred to in paragraph 1amay be accompanied by the use of a pictogram. The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, determining the use of such pictograms. |

Text proposed by the Commission

Amendment

Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 89/396/EEC, Directive 2000/13/EC of the European Parliament and of the Council and Directive 2007/45/EC of the European Parliament and of the Council shall apply to the labelling and presentation.

1.
     Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 89/396/EEC, Directive 2000/13/EC of the European Parliament and of the Council and Directive 2007/45/EC of the European Parliament and of the Council shall apply to the labelling and presentation.

The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VI may not be supplemented by any particulars other than those provided for in this Regulation unless those particulars satisfy the requirements of Article 2(1)(a) of Directive 2000/13/EC.

1a.
     
  Where one or more of the ingredients listed in Annex IIIa to Directive 2000/13/EC is present in one of the products referred to in Part II of Annex VI to this Regulation, they shall be indicated on the labelling, preceded by the term ‘contains’.

For sulphites, the following terms may be used: ‘sulphites’, ‘sulfites’, ‘sulphur dioxide’ or ‘sulfur dioxide’.

1b.
     
  The list of ingredients referred to in paragraph 1amay be accompanied by the use of a pictogram. The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, determining the use of such pictograms.

Amendment 200

Proposal for a regulation

Article 96 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   By way of derogation from point (a) of paragraph 1, the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication. | 2.   By way of derogation from paragraph 1(a), the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication
  and for quality sparkling wines whose labels include the term ‘Sekt’
  . |

Text proposed by the Commission

Amendment

2.   By way of derogation from point (a) of paragraph 1, the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication.

2.   By way of derogation from paragraph 1(a), the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication
  and for quality sparkling wines whose labels include the term ‘Sekt’
  .

Amendment 201

Proposal for a regulation

Article 96 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | where a traditional term as referred to Article 89(a) is displayed on the label; |

Text proposed by the Commission

Amendment

(a)

where a traditional term as referred to Article 89(a) is displayed on the label;

| (a) | where a traditional term referred to in Article 89
  (1)
  (a) is displayed on the label
  in accordance with the legislation of a Member State or with the product specification referred to in Article 71(2) of this Regulation
  ; |
| --- | --- |

(a)

where a traditional term referred to in Article 89
  (1)
  (a) is displayed on the label
  in accordance with the legislation of a Member State or with the product specification referred to in Article 71(2) of this Regulation
  ;

Amendment 202

Proposal for a regulation

Article 99 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Taking into account the need to ensure the conformity with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector, the Commission may, by means of delegated acts, adopt
  definitions,
  rules and restrictions on: | 2.   Taking into account the need to ensure the conformity with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector, the Commission may, by means of delegated acts, adopt rules and restrictions on: |

Text proposed by the Commission

Amendment

2.   Taking into account the need to ensure the conformity with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector, the Commission may, by means of delegated acts, adopt
  definitions,
  rules and restrictions on:

2.   Taking into account the need to ensure the conformity with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector, the Commission may, by means of delegated acts, adopt rules and restrictions on:

Amendment 203

Proposal for a regulation

Article 99 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   Taking into account the need to take account of the specificities in trade between the Union and certain third countries, the Commission may, by means of delegated acts, adopt derogations from this Section as regards
  trade between the Union and
  certain third countries. | 6.   Taking into account the need to take account of the specificities in trade between the Union and certain third countries, the Commission may, by means of delegated acts, adopt derogations from this Section as regards
  exports to
  certain third countries. |

Text proposed by the Commission

Amendment

6.   Taking into account the need to take account of the specificities in trade between the Union and certain third countries, the Commission may, by means of delegated acts, adopt derogations from this Section as regards
  trade between the Union and
  certain third countries.

6.   Taking into account the need to take account of the specificities in trade between the Union and certain third countries, the Commission may, by means of delegated acts, adopt derogations from this Section as regards
  exports to
  certain third countries.

Amendment 204

Proposal for a regulation

Article 100 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 100a |
| | Duration |
| | With the exceptions of Article 101(1), (2b), (2d) and (2e), and Article 101a, this section shall apply until the end of the 2019/2020 marketing year. |

Text proposed by the Commission

Amendment

Article 100a

Duration

With the exceptions of Article 101(1), (2b), (2d) and (2e), and Article 101a, this section shall apply until the end of the 2019/2020 marketing year.

Amendment 205

Proposal for a regulation

Part II — Title II — Chapter II — Section 1 — Subsection 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | |

Text proposed by the Commission

Amendment

Amendment 206

Proposal for a regulation

Article 101

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 101 | Article 101 |
| Sugar sector agreements | Sugar sector agreements |
| 1.   The terms for buying sugar beet and sugar cane, including pre-sowing delivery
  agreements
  , shall be governed by written agreements within the trade concluded between Union growers of sugar beet and sugar cane and Union sugar undertakings. | 1.   The terms for buying sugar beet and sugar cane, including pre-sowing delivery
  contracts
  , shall be governed by written agreements within the trade concluded between
  , on the one hand,
  Union growers of sugar beet and sugar cane
  or, on their behalf, the organisations of which they are members,
  and
  , on the other hand,
  Union sugar undertakings
  or, on their behalf, the organisations of which they are members. |
| 2.
     
  Taking into account the specificities of the sugar sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on the conditions of the agreements referred to in paragraph 1 of this Article. | |
| | 2a.
     
  In delivery contracts, a distinction shall be made depending on whether the quantities of sugar to be manufactured from sugar beet are: |
| | (a) | quota sugar; or |

Text proposed by the Commission

Amendment

Article 101

Article 101

Sugar sector agreements

Sugar sector agreements

1.   The terms for buying sugar beet and sugar cane, including pre-sowing delivery
  agreements
  , shall be governed by written agreements within the trade concluded between Union growers of sugar beet and sugar cane and Union sugar undertakings.

1.   The terms for buying sugar beet and sugar cane, including pre-sowing delivery
  contracts
  , shall be governed by written agreements within the trade concluded between
  , on the one hand,
  Union growers of sugar beet and sugar cane
  or, on their behalf, the organisations of which they are members,
  and
  , on the other hand,
  Union sugar undertakings
  or, on their behalf, the organisations of which they are members.

2.
     
  Taking into account the specificities of the sugar sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on the conditions of the agreements referred to in paragraph 1 of this Article.

2a.
     
  In delivery contracts, a distinction shall be made depending on whether the quantities of sugar to be manufactured from sugar beet are:

(a)

quota sugar; or

| (b) | out-of-quota sugar. |
| --- | --- |

(b)

out-of-quota sugar.

2b.
     
  Each sugar undertaking shall provide the Member State in which it produces sugar with the following information:

| (a) | the quantities of beet referred to in point (a) of paragraph 2a, for which they have concluded pre-sowing delivery contracts and the sugar content on which those contracts are based; |
| --- | --- |

(a)

the quantities of beet referred to in point (a) of paragraph 2a, for which they have concluded pre-sowing delivery contracts and the sugar content on which those contracts are based;

| (b) | the corresponding estimated yield. |
| --- | --- |

(b)

the corresponding estimated yield.

Member States may require additional information.

2c.
     
  Sugar undertakings which have not signed pre-sowing delivery contracts at the minimum price for quota beet, as provided for in Article 101 g, for a quantity of beet equivalent to the sugar for which they hold a quota, adjusted, as the case may be, by the coefficient for a preventive withdrawal fixed pursuant to the first subparagraph of Article 101d(2), shall be required to pay at least the minimum price for quota beet for all the sugar beet they process into sugar.

2d.
     
  Subject to the approval of the Member State concerned, agreements within the trade may derogate from paragraphs 2a, 2b and 2c.

2e.
     
  If no agreements within the trade exist, the Member State concerned shall take the necessary steps compatible with this Regulation to protect the interests of the parties concerned.

Amendment 207

Proposal for a regulation

Article 101 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101a |
| | Price reporting in the sugar market |
| | The Commission may adopt implementing acts establishing a system for reporting sugar market prices, including arrangements for publishing the price levels for this market. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2), |
| | The system referred to in the first paragraph shall be based on information submitted by undertakings producing white sugar or by other operators involved in the sugar trade. This information shall be treated as confidential. |
| | The Commission shall ensure that the information published does not enable the prices of individual undertakings or operators to be identified . |

Text proposed by the Commission

Amendment

Article 101a

Price reporting in the sugar market

The Commission may adopt implementing acts establishing a system for reporting sugar market prices, including arrangements for publishing the price levels for this market. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2),

The system referred to in the first paragraph shall be based on information submitted by undertakings producing white sugar or by other operators involved in the sugar trade. This information shall be treated as confidential.

The Commission shall ensure that the information published does not enable the prices of individual undertakings or operators to be identified .

Amendment 208

Proposal for a regulation

Article 101 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101b |
| | Production charge |
| | 1.
     
  A production charge shall be levied on the sugar quota, the isoglucose quota and the inulin syrup quota held by undertakings producing sugar, isoglucose or inulin syrup as referred to in Article 101h(2) and on the out-of-quota quantities referred to in Article 101l(1)(e). |
| | 2.
     
  The production charge shall be set at EUR 12,00 per tonne of quota sugar and quota inulin syrup. For isoglucose, the production charge shall be set at 50 % of the charge applicable to sugar. |
| | 3.
     
  The totality of the production charge paid in accordance with paragraph 1 shall be charged by the Member State to the undertakings on its territory according to the quota held during the marketing year concerned. |
| | Payments shall be made by the undertakings by the end of February of the relevant marketing year at the latest. |
| | 4.
     
  Union sugar and inulin syrup undertakings may require sugar-beet or sugar-cane growers or chicory suppliers to bear up to 50 % of the production charge concerned. |

Text proposed by the Commission

Amendment

Article 101b

Production charge

1.
     
  A production charge shall be levied on the sugar quota, the isoglucose quota and the inulin syrup quota held by undertakings producing sugar, isoglucose or inulin syrup as referred to in Article 101h(2) and on the out-of-quota quantities referred to in Article 101l(1)(e).

2.
     
  The production charge shall be set at EUR 12,00 per tonne of quota sugar and quota inulin syrup. For isoglucose, the production charge shall be set at 50 % of the charge applicable to sugar.

3.
     
  The totality of the production charge paid in accordance with paragraph 1 shall be charged by the Member State to the undertakings on its territory according to the quota held during the marketing year concerned.

Payments shall be made by the undertakings by the end of February of the relevant marketing year at the latest.

4.
     
  Union sugar and inulin syrup undertakings may require sugar-beet or sugar-cane growers or chicory suppliers to bear up to 50 % of the production charge concerned.

Amendment 209

Proposal for a regulation

Article 101 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101c |
| | Production refund |
| | 1.
     
  A production refund may be granted, until the end of the 2019/2020 marketing year, on the products of the sugar sector listed in points (b) to (e) of Part III of Annex I if surplus sugar or imported sugar, surplus isoglucose or surplus inulin syrup is not available at a price corresponding to the world price for the manufacturing of the products referred to in Article 101m(2)(b) and (c). |
| | 2.
     
  The Commission shall adopt implementing acts fixing the production refunds referred to in paragraph 1.Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). |
| | 3.
     
  In order to take into account the special characteristics of the out-of-quota sugar market in the Union, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, determining the conditions for the granting of the production refunds referred to in this section. |

Text proposed by the Commission

Amendment

Article 101c

Production refund

1.
     
  A production refund may be granted, until the end of the 2019/2020 marketing year, on the products of the sugar sector listed in points (b) to (e) of Part III of Annex I if surplus sugar or imported sugar, surplus isoglucose or surplus inulin syrup is not available at a price corresponding to the world price for the manufacturing of the products referred to in Article 101m(2)(b) and (c).

2.
     
  The Commission shall adopt implementing acts fixing the production refunds referred to in paragraph 1.Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

3.
     
  In order to take into account the special characteristics of the out-of-quota sugar market in the Union, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, determining the conditions for the granting of the production refunds referred to in this section.

Amendment 210

Proposal for a regulation

Article 101 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101d |
| | Withdrawal of sugar |
| | 1.
     
  Given the need to avoid price collapses in the internal market and to remedy situations of overproduction based on the forecast supply balance, and taking into account the commitments of the Union resulting from agreements concluded in accordance with Article 218 of the Treaty, the Commission may adopt implementing acts, containing decisions to withdraw from the market, for a given marketing year, those quantities of sugar or isoglucose produced under quotas which exceed the threshold calculated in accordance with paragraph 2 of this Article. |
| | In that case, white sugar and raw sugar imports from all sources and not reserved for the production of one of the products referred to in Article 101m(2) shall be withdrawn from the Union market by the same proportion for the marketing year concerned. |
| | 2.
     
  The withdrawal threshold referred to in paragraph 1 shall be calculated, for each undertaking holding a quota, by multiplying its quota by a coefficient. The Commission may adopt implementing acts fixing that coefficient no later than 28 February of the previous marketing year, on the basis of expected market trends. |
| | On the basis of updated market trends, the Commission may, by 31 October of the marketing year concerned, adopt implementing acts, containing its decision either to adjust or, in the case where no coefficient has been fixed pursuant to the first subparagraph, to fix a coefficient. |
| | 3.
     
  Each undertaking provided with a quota shall store at its own expense until the beginning of the following marketing year the sugar produced under quota beyond the threshold calculated in accordance with paragraph 2. The sugar, isoglucose or inulin syrup quantities withdrawn during a marketing year shall be treated as the first quantities produced under quota for the following marketing year. |
| | By way of derogation from the first subparagraph, taking into account the expected sugar market trends, the Commission may adopt implementing acts, containing its decision to consider, for the current and/or the following marketing year, all or part of the withdrawn sugar, isoglucose or inulin syrup as: |
| | (a) | surplus sugar, isoglucose or inulin syrup available to become industrial sugar, industrial isoglucose or industrial inulin syrup; or |

Text proposed by the Commission

Amendment

Article 101d

Withdrawal of sugar

1.
     
  Given the need to avoid price collapses in the internal market and to remedy situations of overproduction based on the forecast supply balance, and taking into account the commitments of the Union resulting from agreements concluded in accordance with Article 218 of the Treaty, the Commission may adopt implementing acts, containing decisions to withdraw from the market, for a given marketing year, those quantities of sugar or isoglucose produced under quotas which exceed the threshold calculated in accordance with paragraph 2 of this Article.

In that case, white sugar and raw sugar imports from all sources and not reserved for the production of one of the products referred to in Article 101m(2) shall be withdrawn from the Union market by the same proportion for the marketing year concerned.

2.
     
  The withdrawal threshold referred to in paragraph 1 shall be calculated, for each undertaking holding a quota, by multiplying its quota by a coefficient. The Commission may adopt implementing acts fixing that coefficient no later than 28 February of the previous marketing year, on the basis of expected market trends.

On the basis of updated market trends, the Commission may, by 31 October of the marketing year concerned, adopt implementing acts, containing its decision either to adjust or, in the case where no coefficient has been fixed pursuant to the first subparagraph, to fix a coefficient.

3.
     
  Each undertaking provided with a quota shall store at its own expense until the beginning of the following marketing year the sugar produced under quota beyond the threshold calculated in accordance with paragraph 2. The sugar, isoglucose or inulin syrup quantities withdrawn during a marketing year shall be treated as the first quantities produced under quota for the following marketing year.

By way of derogation from the first subparagraph, taking into account the expected sugar market trends, the Commission may adopt implementing acts, containing its decision to consider, for the current and/or the following marketing year, all or part of the withdrawn sugar, isoglucose or inulin syrup as:

(a)

surplus sugar, isoglucose or inulin syrup available to become industrial sugar, industrial isoglucose or industrial inulin syrup; or

| (b) | temporary quota production of which a part may be reserved for export respecting the commitments of the Union resulting from agreements concluded in accordance with Article 218 of the Treaty. |
| --- | --- |

(b)

temporary quota production of which a part may be reserved for export respecting the commitments of the Union resulting from agreements concluded in accordance with Article 218 of the Treaty.

4.
     
  If sugar supply in the Union is inadequate, the Commission may adopt implementing acts, containing its decision allowing a certain quantity of withdrawn sugar, isoglucose or inulin syrup to be sold on the Union market before the end of the period of withdrawal.

5.
     
  In the case where withdrawn sugar is treated as the first sugar production of the following marketing year, the minimum price of that marketing year shall be paid to beet growers.

In the case where withdrawn sugar becomes industrial sugar or is exported in accordance with points (a) and (b) of paragraph 3 of this Article, the requirements of Article 101 g on the minimum price shall not apply.

In the case where withdrawn sugar is sold on the Union market before the end of the period of withdrawal in accordance with paragraph 4, the minimum price of the ongoing marketing year shall be paid to beet growers.

6.
     
  Implementing acts pursuant to this Article shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 211

Proposal for a regulation

Article 101 da (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101 da |
| | Temporary market management mechanism |
| | Without prejudice of the agreements concluded pursuant to Article 218 of the Treaty and until the end of the quota system, the Commission may adopt implementing acts activating a temporary market management mechanism in order to address severe market imbalances, triggering the following measures: |
| | — | release of out-of-quota sugar onto the internal market, applying the same conditions as for quota sugar, as described in Article 101l(1)(e); and |

Text proposed by the Commission

Amendment

Article 101 da

Temporary market management mechanism

Without prejudice of the agreements concluded pursuant to Article 218 of the Treaty and until the end of the quota system, the Commission may adopt implementing acts activating a temporary market management mechanism in order to address severe market imbalances, triggering the following measures:

—

release of out-of-quota sugar onto the internal market, applying the same conditions as for quota sugar, as described in Article 101l(1)(e); and

| — | notably when the European Commission data for imported raw and white sugar reach a level below 3 million tonnes for the marketing year, suspension of import duties, as described in Article 130b. |
| --- | --- |

—

notably when the European Commission data for imported raw and white sugar reach a level below 3 million tonnes for the marketing year, suspension of import duties, as described in Article 130b.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 212

Proposal for a regulation

Article 101 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101e |
| | Delegated powers |
| | In order to take into account the special characteristics of the sugar sector and to ensure that the interests of all parties are duly taken into account, and given the need to prevent any disturbance of the market, the Commission may adopt delegated acts, in accordance with Article 160, introducing rules on: |
| | (a) | delivery contracts and purchase terms as referred to Article 101(1); |

Text proposed by the Commission

Amendment

Article 101e

Delegated powers

In order to take into account the special characteristics of the sugar sector and to ensure that the interests of all parties are duly taken into account, and given the need to prevent any disturbance of the market, the Commission may adopt delegated acts, in accordance with Article 160, introducing rules on:

(a)

delivery contracts and purchase terms as referred to Article 101(1);

| (b) | the criteria to be applied by the sugar undertakings when allocating among beet sellers the quantities of beet to be covered by pre-sowing delivery contracts as referred to in Article 101(2b); |
| --- | --- |

(b)

the criteria to be applied by the sugar undertakings when allocating among beet sellers the quantities of beet to be covered by pre-sowing delivery contracts as referred to in Article 101(2b);

| (c) | the temporary market management mechanism referred to in Article 101da, on the basis of the forecast supply balance, including the conditions for the release of the out-of-quota sugar referred to in Article 101l(1)(e) onto the internal market, applying the same conditions as for quota sugar . |
| --- | --- |

(c)

the temporary market management mechanism referred to in Article 101da, on the basis of the forecast supply balance, including the conditions for the release of the out-of-quota sugar referred to in Article 101l(1)(e) onto the internal market, applying the same conditions as for quota sugar .

Amendment 213

Proposal for a regulation

Part II — Title II — Chapter II — Section 1 — subsection 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | |

Text proposed by the Commission

Amendment

Amendment 214

Proposal for a regulation

Article 101 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101f |
| | Quotas in the sugar sector |
| | 1.
     
  A quota system shall apply to sugar, isoglucose and inulin syrup. |
| | 2.
     
  As regards the quota systems referred to in paragraph 1 of this Article, if a producer exceeds the relevant quota and does not make use of the surplus quantities as provided for in Article 101l, a surplus levy shall be payable on such quantities, subject to the conditions set out in Articles 101l to 101o. |

Text proposed by the Commission

Amendment

Article 101f

Quotas in the sugar sector

1.
     
  A quota system shall apply to sugar, isoglucose and inulin syrup.

2.
     
  As regards the quota systems referred to in paragraph 1 of this Article, if a producer exceeds the relevant quota and does not make use of the surplus quantities as provided for in Article 101l, a surplus levy shall be payable on such quantities, subject to the conditions set out in Articles 101l to 101o.

Amendment 215

Proposal for a regulation

Article 101 g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101 g |
| | Minimum beet price |
| | 1.
     
  The minimum price for quota beet shall be EUR 26,29 per tonne until the end of the 2019/2020 marketing year. |
| | 2.
     
  The minimum price referred to in paragraph 1 shall apply to sugar beet of the standard quality defined in point B of Annex III. |
| | 3.
     
  Sugar undertakings buying quota beet suitable for processing into sugar and intended for processing into quota sugar shall be required to pay at least the minimum price, adjusted by price increases or reductions to allow for deviations from the standard quality. |
| | In order to adjust the price where the actual quality of sugar beet differs from the standard quality, the increases and reductions referred to in the first subparagraph shall be applied in accordance with rules laid down by the Commission by means of delegated acts pursuant to Article 101p(5). |
| | 4.
     
  For the quantities of sugar beet corresponding to the quantities of industrial sugar or surplus sugar that are subject to the surplus levy provided for in Article 101o, the sugar undertaking concerned shall adjust the purchase price so that it is at least equal to the minimum price for quota beet. |

Text proposed by the Commission

Amendment

Article 101 g

Minimum beet price

1.
     
  The minimum price for quota beet shall be EUR 26,29 per tonne until the end of the 2019/2020 marketing year.

2.
     
  The minimum price referred to in paragraph 1 shall apply to sugar beet of the standard quality defined in point B of Annex III.

3.
     
  Sugar undertakings buying quota beet suitable for processing into sugar and intended for processing into quota sugar shall be required to pay at least the minimum price, adjusted by price increases or reductions to allow for deviations from the standard quality.

In order to adjust the price where the actual quality of sugar beet differs from the standard quality, the increases and reductions referred to in the first subparagraph shall be applied in accordance with rules laid down by the Commission by means of delegated acts pursuant to Article 101p(5).

4.
     
  For the quantities of sugar beet corresponding to the quantities of industrial sugar or surplus sugar that are subject to the surplus levy provided for in Article 101o, the sugar undertaking concerned shall adjust the purchase price so that it is at least equal to the minimum price for quota beet.

Amendment 216

Proposal for a regulation

Article 101 h (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101h |
| | Quota allocation |
| | 1.
     
  The quotas for the production of sugar, isoglucose and inulin syrup at national or regional level are fixed in Annex IIIb. |
| | By way of derogation from subparagraph 1, the Commission may adopt implementing acts, without the application of Article 162(2) or (3), and at the request of the Member States concerned, allocating quotas to Member States who, in accordance with Council Regulation (EC) No 320/2006, renounced their entire quota. For the purpose of this subparagraph, when assessing a Member State's request, the Commission shall not take into account the quotas allocated to undertakings situated in the outermost regions of the Union. |
| | 2.
     
  The Member States shall allocate a quota to each undertaking producing sugar, isoglucose or inulin syrup established in its territory and approved under Article 101i. |
| | For each undertaking, the allocated quota shall be equal to the quota under Regulation (EU) No 513/2010 which was allocated to the undertaking for the marketing year 2010/2011. |
| | 3.
     
  In case of allocation of a quota to a sugar undertaking having more than one production unit, the Member States shall adopt the measures they consider necessary in order to take due account of the interests of sugar beet and cane growers. |

Text proposed by the Commission

Amendment

Article 101h

Quota allocation

1.
     
  The quotas for the production of sugar, isoglucose and inulin syrup at national or regional level are fixed in Annex IIIb.

By way of derogation from subparagraph 1, the Commission may adopt implementing acts, without the application of Article 162(2) or (3), and at the request of the Member States concerned, allocating quotas to Member States who, in accordance with Council Regulation (EC) No 320/2006, renounced their entire quota. For the purpose of this subparagraph, when assessing a Member State's request, the Commission shall not take into account the quotas allocated to undertakings situated in the outermost regions of the Union.

2.
     
  The Member States shall allocate a quota to each undertaking producing sugar, isoglucose or inulin syrup established in its territory and approved under Article 101i.

For each undertaking, the allocated quota shall be equal to the quota under Regulation (EU) No 513/2010 which was allocated to the undertaking for the marketing year 2010/2011.

3.
     
  In case of allocation of a quota to a sugar undertaking having more than one production unit, the Member States shall adopt the measures they consider necessary in order to take due account of the interests of sugar beet and cane growers.

Amendment 217

Proposal for a regulation

Article 101 i (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101i |
| | Approved undertakings |
| | 1.
     
  On request, Member States shall grant approval to an undertaking producing sugar, isoglucose or inulin syrup or to an undertaking that processes these products into a product included in the list referred to in Article 101m(2) provided that the undertaking: |
| | (a) | proves its professional production capacities; |

Text proposed by the Commission

Amendment

Article 101i

Approved undertakings

1.
     
  On request, Member States shall grant approval to an undertaking producing sugar, isoglucose or inulin syrup or to an undertaking that processes these products into a product included in the list referred to in Article 101m(2) provided that the undertaking:

(a)

proves its professional production capacities;

| (b) | agrees to provide any information and to be subject to controls related to this Regulation; |
| --- | --- |

(b)

agrees to provide any information and to be subject to controls related to this Regulation;

| (c) | is not subject to suspension or withdrawal of the approval. |
| --- | --- |

(c)

is not subject to suspension or withdrawal of the approval.

2.
     
  The approved undertakings shall provide the Member State in whose territory the harvest of beet, cane or the refining takes place, with the following information:

| (a) | the quantities of beet or cane for which a delivery contract has been concluded, as well as the corresponding estimated yields of beet or cane, and sugar per hectare; |
| --- | --- |

(a)

the quantities of beet or cane for which a delivery contract has been concluded, as well as the corresponding estimated yields of beet or cane, and sugar per hectare;

| (b) | data regarding provisional and actual sugar beet, sugar cane and raw sugar deliveries, and regarding sugar production and statements of sugar stocks; |
| --- | --- |

(b)

data regarding provisional and actual sugar beet, sugar cane and raw sugar deliveries, and regarding sugar production and statements of sugar stocks;

| (c) | the quantities of white sugar sold and the corresponding prices and conditions. |
| --- | --- |

(c)

the quantities of white sugar sold and the corresponding prices and conditions.

Amendment 218

Proposal for a regulation

Article 101 j (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101j |
| | Adjustment of the national quotas |
| | The Commission may, by means of delegated acts adopted in accordance with Article 160, adjust the quotas that appear in Annex IIIb following decisions taken by the Member States in accordance with Article 101k. |

Text proposed by the Commission

Amendment

Article 101j

Adjustment of the national quotas

The Commission may, by means of delegated acts adopted in accordance with Article 160, adjust the quotas that appear in Annex IIIb following decisions taken by the Member States in accordance with Article 101k.

Amendment 219

Proposal for a regulation

Article 101 k (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101k |
| | National quota reallocation and reduction of quotas |
| | 1.
     
  A Member State may reduce the sugar or isoglucose quota that has been allocated to an undertaking established on its territory by up to 10 %. In doing so, the Member States shall apply objective and non-discriminatory criteria. |
| | 2.
     
  Member States may transfer quotas between undertakings in accordance with the rules laid down in Annex IIIc and taking into consideration the interests of each of the parties concerned, particularly sugar beet and cane growers. |
| | 3.
     
  The quantities reduced pursuant to paragraphs 1 and 2 shall be allocated by the Member State in question to one or more undertakings on its territory, whether or not they hold a quota. |

Text proposed by the Commission

Amendment

Article 101k

National quota reallocation and reduction of quotas

1.
     
  A Member State may reduce the sugar or isoglucose quota that has been allocated to an undertaking established on its territory by up to 10 %. In doing so, the Member States shall apply objective and non-discriminatory criteria.

2.
     
  Member States may transfer quotas between undertakings in accordance with the rules laid down in Annex IIIc and taking into consideration the interests of each of the parties concerned, particularly sugar beet and cane growers.

3.
     
  The quantities reduced pursuant to paragraphs 1 and 2 shall be allocated by the Member State in question to one or more undertakings on its territory, whether or not they hold a quota.

Amendment 220

Proposal for a regulation

Article 101 l (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101l |
| | Out-of-quota production |
| | 1.
     
  The sugar, isoglucose or inulin syrup produced during a marketing year in excess of the quota referred to in Article 101h may be: |
| | (a) | used for the processing of certain products as referred to in Article 101m; |

Text proposed by the Commission

Amendment

Article 101l

Out-of-quota production

1.
     
  The sugar, isoglucose or inulin syrup produced during a marketing year in excess of the quota referred to in Article 101h may be:

(a)

used for the processing of certain products as referred to in Article 101m;

| (b) | carried forward to the quota production of the next marketing year, in accordance with Article 101n; |
| --- | --- |

(b)

carried forward to the quota production of the next marketing year, in accordance with Article 101n;

| (c) | used for the specific supply regime for the outermost regions, in accordance with [Chapter III of Regulation [ex (EC) No 247/2006] of the European Parliament and of the Council; |
| --- | --- |

(c)

used for the specific supply regime for the outermost regions, in accordance with [Chapter III of Regulation [ex (EC) No 247/2006] of the European Parliament and of the Council;

| (d) | exported within the quantitative limit fixed by the Commission by means of implementing acts, respecting the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty; or |
| --- | --- |

(d)

exported within the quantitative limit fixed by the Commission by means of implementing acts, respecting the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty; or

| (e) | released onto the internal market, in compliance with the mechanism described in Article 101da, applying the same conditions as for quota sugar, for purposes of adjusting supply to demand, in quantities and subject to arrangements determined by the Commission by means of delegated acts adopted pursuant to Article 101p(6) and to Article 101e(c), and on the basis of the forecast supply balance. |
| --- | --- |

(e)

released onto the internal market, in compliance with the mechanism described in Article 101da, applying the same conditions as for quota sugar, for purposes of adjusting supply to demand, in quantities and subject to arrangements determined by the Commission by means of delegated acts adopted pursuant to Article 101p(6) and to Article 101e(c), and on the basis of the forecast supply balance.

The measures referred to in this Article shall be implemented before any activation of the measures to prevent market disturbance referred to in Article 154(1).

Other quantities shall be subject to the surplus levy referred to in Article 101o.

2.
     
  Implementing acts pursuant to this Article shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 221

Proposal for a regulation

Article 101 m (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101m |
| | Industrial sugar |
| | 1.
     
  Industrial sugar, industrial isoglucose or industrial inulin syrup shall be reserved for the production of one of the products referred to in paragraph 2 when: |
| | (a) | it has been subject to a delivery contract concluded before the end of the marketing year between a producer and a user which have both been granted approval in accordance with Article 101i; and |

Text proposed by the Commission

Amendment

Article 101m

Industrial sugar

1.
     
  Industrial sugar, industrial isoglucose or industrial inulin syrup shall be reserved for the production of one of the products referred to in paragraph 2 when:

(a)

it has been subject to a delivery contract concluded before the end of the marketing year between a producer and a user which have both been granted approval in accordance with Article 101i; and

| (b) | it has been delivered to the user by 30 November of the following marketing year at the latest. |
| --- | --- |

(b)

it has been delivered to the user by 30 November of the following marketing year at the latest.

2.
     
  In order to take account of technical developments, the Commission shall be empowered to adopt delegated act, in accordance with Article 160, establishing a list of products for the production of which industrial sugar, industrial isoglucose or industrial inulin syrup may be used.

The list shall in particular, include:

| (a) | bioethanol, alcohol, rum, live yeast and quantities of syrups for spreading and those to be processed into ‘Rinse appelstroop’; |
| --- | --- |

(a)

bioethanol, alcohol, rum, live yeast and quantities of syrups for spreading and those to be processed into ‘Rinse appelstroop’;

| (b) | certain industrial products without sugar content but which are processed using sugar, isoglucose or inulin syrup; |
| --- | --- |

(b)

certain industrial products without sugar content but which are processed using sugar, isoglucose or inulin syrup;

| (c) | certain products of the chemical or pharmaceutical industry which contain sugar, isoglucose or inulin syrup. |
| --- | --- |

(c)

certain products of the chemical or pharmaceutical industry which contain sugar, isoglucose or inulin syrup.

Amendment 222

Proposal for a regulation

Article 101 n (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101n |
| | Carry-forward of surplus sugar |
| | 1.
     
  Each undertaking may decide to carry forward all or part of its production in excess of its sugar quota, its isoglucose quota or its inulin syrup quota to be treated as part of the next marketing year's production. Without prejudice to paragraph 3, that decision shall be irrevocable. |
| | 2.
     
  Undertakings which take the decision referred to in paragraph 1 shall: |
| | (a) | inform the Member State concerned before a date to be determined by that Member State: |

Text proposed by the Commission

Amendment

Article 101n

Carry-forward of surplus sugar

1.
     
  Each undertaking may decide to carry forward all or part of its production in excess of its sugar quota, its isoglucose quota or its inulin syrup quota to be treated as part of the next marketing year's production. Without prejudice to paragraph 3, that decision shall be irrevocable.

2.
     
  Undertakings which take the decision referred to in paragraph 1 shall:

(a)

inform the Member State concerned before a date to be determined by that Member State:

| | — | between 1 February and 15 August of the current marketing year for quantities of cane sugar being carried forward; |
| --- | --- | --- |

—

between 1 February and 15 August of the current marketing year for quantities of cane sugar being carried forward;

| | — | between 1 February and 31 August of the current marketing year for other quantities of sugar or inulin syrup being carried forward; |
| --- | --- | --- |

—

between 1 February and 31 August of the current marketing year for other quantities of sugar or inulin syrup being carried forward;

| (b) | undertake to store such quantities at their own expense until the end of the current marketing year. |
| --- | --- |

(b)

undertake to store such quantities at their own expense until the end of the current marketing year.

3.
     
  If an undertaking's definitive production in the marketing year concerned was less than the estimate made when the decision in accordance with paragraph 1 was taken, the quantity carried forward may be adjusted retroactively by 31 October of the following marketing year at the latest.

4.
     
  The quantities carried forward shall be deemed to be the first quantities produced under the quota of the following marketing year.

5.
     
  Sugar stored in accordance with this Article during a marketing year may not be subject to any other storage measures provided for in Articles 16 or 101d.

Amendment 223

Proposal for a regulation

Article 101 o (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101o |
| | Surplus levy |
| | 1.
     
  A surplus levy shall be levied on quantities of: |
| | (a) | surplus sugar, surplus isoglucose and surplus inulin syrup produced during any marketing year, except for quantities carried forward to the quota production of the following marketing year and stored in accordance with Article 101n or quantities referred to in points (c), (d) and (e) of Article 101l(1); |

Text proposed by the Commission

Amendment

Article 101o

Surplus levy

1.
     
  A surplus levy shall be levied on quantities of:

(a)

surplus sugar, surplus isoglucose and surplus inulin syrup produced during any marketing year, except for quantities carried forward to the quota production of the following marketing year and stored in accordance with Article 101n or quantities referred to in points (c), (d) and (e) of Article 101l(1);

| (b) | industrial sugar, industrial isoglucose or industrial inulin syrup in respect of which no proof of use in one of the products referred to in Article 101m(2) has been supplied within a time limit to be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2); |
| --- | --- |

(b)

industrial sugar, industrial isoglucose or industrial inulin syrup in respect of which no proof of use in one of the products referred to in Article 101m(2) has been supplied within a time limit to be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 162(2);

| (c) | sugar, isoglucose and inulin syrup withdrawn from the market in accordance with Article 101n and for which the obligations provided for in Article 101d(3) are not met. |
| --- | --- |

(c)

sugar, isoglucose and inulin syrup withdrawn from the market in accordance with Article 101n and for which the obligations provided for in Article 101d(3) are not met.

2.
     
  The Commission shall adopt implementing acts fixing the surplus levy at a level sufficiently high to prevent the accumulation of the quantities referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

3.
     
  The surplus levy referred to in paragraph 1 shall be charged by the Member State to the undertakings on its territory according to the quantities of production referred to in paragraph 1 that have been established for those undertakings for the marketing year concerned.

Amendment 224

Proposal for a regulation

Article 101 p (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101p |
| | Delegated powers |
| | 1.
     
  The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, to provide for measures listed in paragraphs 2 to 6 of this Article. |
| | 2.
     
  Given the need to ensure that undertakings referred to in Article 101i comply with their obligations, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down rules on the granting and the withdrawal of approval for such undertakings, as well as the criteria for administrative penalties. |
| | 3.
     
  Given the need to take into account the special characteristics of the sugar sector and to ensure that the interests of all parties are duly taken into account, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down further definitions, including those of sugar, isoglucose and inulin syrup production, the production of an undertaking; as well as laying down the conditions governing sales to outermost regions. |
| | 4.
     
  Given the need to ensure that the beet growers are closely associated with a decision to carry forward a certain quantity of production, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down rules concerning carry-forward of sugar. |
| | 5.
     
  Given the need to adjust the minimum price of sugar beet where its actual quality differs from the standard quality, as well as the need to take into account the special characteristics of the sugar sector and to ensure that the interests of all parties are duly taken into account, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down rules for the increases and reductions referred to in Article 101 g(3). |

Text proposed by the Commission

Amendment

Article 101p

Delegated powers

1.
     
  The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, to provide for measures listed in paragraphs 2 to 6 of this Article.

2.
     
  Given the need to ensure that undertakings referred to in Article 101i comply with their obligations, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down rules on the granting and the withdrawal of approval for such undertakings, as well as the criteria for administrative penalties.

3.
     
  Given the need to take into account the special characteristics of the sugar sector and to ensure that the interests of all parties are duly taken into account, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down further definitions, including those of sugar, isoglucose and inulin syrup production, the production of an undertaking; as well as laying down the conditions governing sales to outermost regions.

4.
     
  Given the need to ensure that the beet growers are closely associated with a decision to carry forward a certain quantity of production, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down rules concerning carry-forward of sugar.

5.
     
  Given the need to adjust the minimum price of sugar beet where its actual quality differs from the standard quality, as well as the need to take into account the special characteristics of the sugar sector and to ensure that the interests of all parties are duly taken into account, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down rules for the increases and reductions referred to in Article 101 g(3).

Amendment 225

Proposal for a regulation

Article 101 q (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 101q |
| | Implementing powers |
| | With regard to the undertakings referred to in Article 101(i), the Commission may adopt implementing acts, establishing rules concerning: |
| | (a) | applications for approval by undertakings, the records to be kept by approved undertakings, the information to be submitted by approved undertakings; |

Text proposed by the Commission

Amendment

Article 101q

Implementing powers

With regard to the undertakings referred to in Article 101(i), the Commission may adopt implementing acts, establishing rules concerning:

(a)

applications for approval by undertakings, the records to be kept by approved undertakings, the information to be submitted by approved undertakings;

| (b) | the system of checks to be carried out by Member States on approved undertakings; |
| --- | --- |

(b)

the system of checks to be carried out by Member States on approved undertakings;

| (c) | Member States’ communications with the Commission and with approved undertakings; |
| --- | --- |

(c)

Member States’ communications with the Commission and with approved undertakings;

| (d) | the delivery to undertakings of raw materials, including delivery contracts and delivery notes; |
| --- | --- |

(d)

the delivery to undertakings of raw materials, including delivery contracts and delivery notes;

| (e) | equivalence regarding sugar referred to in Article 101l(1)(a); |
| --- | --- |

(e)

equivalence regarding sugar referred to in Article 101l(1)(a);

| (f) | the specific supply regime for the outermost regions; |
| --- | --- |

(f)

the specific supply regime for the outermost regions;

| (g) | exports as referred to in Article 101l(1)(d); |
| --- | --- |

(g)

exports as referred to in Article 101l(1)(d);

| (h) | Member State cooperation to ensure effective checks; |
| --- | --- |

(h)

Member State cooperation to ensure effective checks;

| (i) | modifying the dates laid down in Article 101n; |
| --- | --- |

(i)

modifying the dates laid down in Article 101n;

| (j) | the establishment of the surplus quantity, the communications and payment of the surplus levy referred to in Article 101o. |
| --- | --- |

(j)

the establishment of the surplus quantity, the communications and payment of the surplus levy referred to in Article 101o.

| (k) | the release of the out-of-quota sugar referred to in Article 101l(1)(e) onto the internal market; |
| --- | --- |

(k)

the release of the out-of-quota sugar referred to in Article 101l(1)(e) onto the internal market;

| (l) | the adoption of a list of full-time refiners pursuant to Annex II, Part Ia, point 12. |
| --- | --- |

(l)

the adoption of a list of full-time refiners pursuant to Annex II, Part Ia, point 12.

Those implementing acts shall be adopted in accordance with examination procedure referred to in Article 162(2),

Amendment 226

Proposal for a regulation

Part II — Title II — Chapter II — Section 2 — subsection 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | |

Text proposed by the Commission

Amendment

Amendment 227

Proposal for a regulation

Article 102 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall maintain a vineyard register which shall contain updated information on the production potential. | 1.   Member States shall maintain a vineyard register which shall contain updated information on the production potential
  and which shall be integrated into the parcel identification systems forming part of the common agricultural policy Integrated Administration and Control System
  . |

Text proposed by the Commission

Amendment

1.   Member States shall maintain a vineyard register which shall contain updated information on the production potential.

1.   Member States shall maintain a vineyard register which shall contain updated information on the production potential
  and which shall be integrated into the parcel identification systems forming part of the common agricultural policy Integrated Administration and Control System
  .

Amendment 228

Proposal for a regulation

Article 102 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.
     
  After 1 January 2016, the Commission may, by means of an implementing act, decide that paragraphs 1 to 3 of this Article no longer apply. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 162(2). | deleted |

Text proposed by the Commission

Amendment

5.
     
  After 1 January 2016, the Commission may, by means of an implementing act, decide that paragraphs 1 to 3 of this Article no longer apply. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 162(2).

deleted

Amendment 229

Proposal for a regulation

Article 102 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 102a |
| | Responsible national authorities for the wine sector |
| | 1.
     
  Without prejudice to any other provisions of this Regulation concerning the determination of competent national authorities, Member States shall designate one or more authorities which shall be responsible for ensuring compliance with Union rules in the wine sector. In particular, Member States shall designate the laboratories authorised to carry out official analyses in the wine sector. The designated laboratories shall meet the general criteria for the operation of testing laboratories set out in ISO/IEC 17025. |
| | 2.
     
  Member States shall inform the Commission of the names and addresses of the authorities and laboratories referred to in paragraph 1. The Commission shall make this information public and update it periodically. |

Text proposed by the Commission

Amendment

Article 102a

Responsible national authorities for the wine sector

1.
     
  Without prejudice to any other provisions of this Regulation concerning the determination of competent national authorities, Member States shall designate one or more authorities which shall be responsible for ensuring compliance with Union rules in the wine sector. In particular, Member States shall designate the laboratories authorised to carry out official analyses in the wine sector. The designated laboratories shall meet the general criteria for the operation of testing laboratories set out in ISO/IEC 17025.

2.
     
  Member States shall inform the Commission of the names and addresses of the authorities and laboratories referred to in paragraph 1. The Commission shall make this information public and update it periodically.

Amendment 230

Proposal for a regulation

Part II — Title II — Chapter II — Section 2 — subsection 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | |

Text proposed by the Commission

Amendment

Amendment 231

Proposal for a regulation

Article 103 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 103a |
| | Duration |
| | This Subsection shall apply until the end of the 2029/2030 marketing year. |

Text proposed by the Commission

Amendment

Article 103a

Duration

This Subsection shall apply until the end of the 2029/2030 marketing year.

Amendment 232

Proposal for a regulation

Article 103 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 103b |
| | Prohibition on planting vines |
| | 1.
     
  Without prejudice to Article 63 and in particular paragraph 4 thereof, the planting of vines of wine grape varieties classifiable according to Article 63(2) shall be prohibited. |
| | 2.
     
  The practice of grafting-on of wine grape varieties that are classifiable in accordance with Article 63(2) to varieties other than wine grape varieties referred to in that Article shall also be prohibited. |
| | 3.
     
  Notwithstanding paragraphs 1 and 2, plantings and grafting-on shall be allowed if covered by: |
| | (a) | a new planting right, as provided for in Article 103c; |

Text proposed by the Commission

Amendment

Article 103b

Prohibition on planting vines

1.
     
  Without prejudice to Article 63 and in particular paragraph 4 thereof, the planting of vines of wine grape varieties classifiable according to Article 63(2) shall be prohibited.

2.
     
  The practice of grafting-on of wine grape varieties that are classifiable in accordance with Article 63(2) to varieties other than wine grape varieties referred to in that Article shall also be prohibited.

3.
     
  Notwithstanding paragraphs 1 and 2, plantings and grafting-on shall be allowed if covered by:

(a)

a new planting right, as provided for in Article 103c;

| (b) | a replanting right, as provided for in Article 103d; |
| --- | --- |

(b)

a replanting right, as provided for in Article 103d;

| (c) | a planting right granted from a reserve, as provided for in Articles 103e and 103f. |
| --- | --- |

(c)

a planting right granted from a reserve, as provided for in Articles 103e and 103f.

4.
     
  The planting rights referred to in paragraph 3 shall be granted in hectares.

Amendment 233

Proposal for a regulation

Article 103 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 103c |
| | New planting rights |
| | 1.
     
  Member States may grant new planting rights to producers in respect of areas: |
| | (a) | intended for new plantings carried out under measures for land consolidation or measures concerning compulsory purchases in the public interest adopted under national law; |

Text proposed by the Commission

Amendment

Article 103c

New planting rights

1.
     
  Member States may grant new planting rights to producers in respect of areas:

(a)

intended for new plantings carried out under measures for land consolidation or measures concerning compulsory purchases in the public interest adopted under national law;

| (b) | intended for experimental purposes; |
| --- | --- |

(b)

intended for experimental purposes;

| (c) | intended for graft nurseries; or |
| --- | --- |

(c)

intended for graft nurseries; or

| (d) | the wine or vine products of which are intended solely for the consumption by the wine-grower’s household. |
| --- | --- |

(d)

the wine or vine products of which are intended solely for the consumption by the wine-grower’s household.

2.
     
  New planting rights granted shall be:

| (a) | exercised by the producer to whom they are granted; |
| --- | --- |

(a)

exercised by the producer to whom they are granted;

| (b) | used before the end of the second wine year after the one in which they were granted; |
| --- | --- |

(b)

used before the end of the second wine year after the one in which they were granted;

| (c) | used for the purposes for which they were granted. |
| --- | --- |

(c)

used for the purposes for which they were granted.

Amendment 234

Proposal for a regulation

Article 103 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 103d |
| | Replanting rights |
| | 1.
     
  Member States shall grant replanting rights to producers who have grubbed up an area planted with vines. |
| | However, grubbed-up areas for which a grubbing-up premium has been granted in accordance with Subsection III of Section IVa of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007 shall not generate replanting rights. |
| | 2.
     
  Member States may grant replanting rights to producers who undertake to grub up an area planted with vines. In such cases, the grubbing-up of the pledged area shall be carried out at the latest at the end of the third year after which the new vines in respect of which the replanting rights were granted have been planted. |
| | 3.
     
  Replanting rights granted shall correspond to the equivalent of the grubbed-up area in terms of pure crop. |
| | 4.
     
  Replanting rights shall be exercised on the holding in respect of which they were granted. Member States may further stipulate that such replanting rights may be exercised only on the area where the grubbing-up was carried out. |
| | 5.
     
  By way of derogation from paragraph 4, Member States may decide that replanting rights may be transferred, in whole or in part, to another holding in the same Member State in the following cases: |
| | (a) | part of the holding concerned is transferred to that other holding; |

Text proposed by the Commission

Amendment

Article 103d

Replanting rights

1.
     
  Member States shall grant replanting rights to producers who have grubbed up an area planted with vines.

However, grubbed-up areas for which a grubbing-up premium has been granted in accordance with Subsection III of Section IVa of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007 shall not generate replanting rights.

2.
     
  Member States may grant replanting rights to producers who undertake to grub up an area planted with vines. In such cases, the grubbing-up of the pledged area shall be carried out at the latest at the end of the third year after which the new vines in respect of which the replanting rights were granted have been planted.

3.
     
  Replanting rights granted shall correspond to the equivalent of the grubbed-up area in terms of pure crop.

4.
     
  Replanting rights shall be exercised on the holding in respect of which they were granted. Member States may further stipulate that such replanting rights may be exercised only on the area where the grubbing-up was carried out.

5.
     
  By way of derogation from paragraph 4, Member States may decide that replanting rights may be transferred, in whole or in part, to another holding in the same Member State in the following cases:

(a)

part of the holding concerned is transferred to that other holding;

| (b) | areas on that other holding are intended for: |
| --- | --- |

(b)

areas on that other holding are intended for:

| | (i) | the production of wines with a protected designation of origin or a protected geographical indication, or |
| --- | --- | --- |

(i)

the production of wines with a protected designation of origin or a protected geographical indication, or

| | (ii) | the cultivation of graft nurseries. |
| --- | --- | --- |

(ii)

the cultivation of graft nurseries.

Member States shall ensure that the application of the derogation provided for in the first subparagraph does not lead to an overall increase in production potential on their territory, in particular when transfers are made from non-irrigated to irrigated areas.

6.
     
  Paragraphs 1 to 5 shall apply mutatis mutandis to rights similar to replanting rights acquired under prior Union or national legislation.

7.
     
  Replanting rights granted under Article 4(5) of Regulation (EC) No 1493/1999 shall be used within the periods provided for therein.

Amendment 235

Proposal for a regulation

Article 103 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 103e |
| | National and regional reserve of planting rights |
| | 1.
     
  In order to improve management of the production potential, Member States shall create a national reserve or regional reserves of planting rights. |
| | 2.
     
  Member States which have established national or regional reserves of planting rights under Regulation (EC) No 1493/1999 may maintain those reserves as long as they apply the transitional planting right regime in accordance with this Subsection. |
| | 3.
     
  The following planting rights shall be allocated to national or regional reserves if they are not used within the prescribed period: |
| | (a) | new planting rights; |

Text proposed by the Commission

Amendment

Article 103e

National and regional reserve of planting rights

1.
     
  In order to improve management of the production potential, Member States shall create a national reserve or regional reserves of planting rights.

2.
     
  Member States which have established national or regional reserves of planting rights under Regulation (EC) No 1493/1999 may maintain those reserves as long as they apply the transitional planting right regime in accordance with this Subsection.

3.
     
  The following planting rights shall be allocated to national or regional reserves if they are not used within the prescribed period:

(a)

new planting rights;

| (b) | replanting rights; |
| --- | --- |

(b)

replanting rights;

| (c) | planting rights granted from the reserve. |
| --- | --- |

(c)

planting rights granted from the reserve.

4.
     
  Producers may transfer replanting rights to national or regional reserves. The conditions for such transfers, where appropriate in return for a payment to producers from national funds, shall be determined by the Member States, taking into account the legitimate interests of the parties.

5.
     
  By way of derogation from paragraph 1, Member States may decide not to implement a reserve system on condition that they are able to establish that an effective alternative system for managing planting rights exists throughout their territory. The alternative system may derogate from the relevant provisions of this Subsection.

The first subparagraph shall also apply to Member States which cease to operate national or regional reserves under Regulation (EC) No 1493/1999.

Amendment 236

Proposal for a regulation

Article 103 f (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 103f |
| | Granting planting rights from the reserve |
| | 1.
     
  Member States may grant rights from a reserve: |
| | (a) | without payment, to producers who are 40 years of age or less, who possess adequate occupational skills and competences, who are setting up for the first time and who are established as the head of the holding; |

Text proposed by the Commission

Amendment

Article 103f

Granting planting rights from the reserve

1.
     
  Member States may grant rights from a reserve:

(a)

without payment, to producers who are 40 years of age or less, who possess adequate occupational skills and competences, who are setting up for the first time and who are established as the head of the holding;

| (b) | in return for payment into national or, where appropriate, regional funds, to producers who intend to use the rights to plant vineyards the production of which has an assured outlet. |
| --- | --- |

(b)

in return for payment into national or, where appropriate, regional funds, to producers who intend to use the rights to plant vineyards the production of which has an assured outlet.

Member States shall define the criteria for setting the amounts of the payment referred to in point (b) of the first subparagraph, which may vary depending on the final intended product of the vineyards concerned and on the residual transitional period during which the prohibition on new plantings, as provided for in Article 103b(1) and (2), applies.

2.
     
  Where planting rights granted from a reserve are used, Member States shall ensure that:

| (a) | the location and the varieties and the cultivation techniques used guarantee that the subsequent production is adapted to market demand; |
| --- | --- |

(a)

the location and the varieties and the cultivation techniques used guarantee that the subsequent production is adapted to market demand;

| (b) | the yields concerned are typical of the average in the region, in particular where planting rights originating in non-irrigated areas are used in irrigated areas. |
| --- | --- |

(b)

the yields concerned are typical of the average in the region, in particular where planting rights originating in non-irrigated areas are used in irrigated areas.

3.
     
  Planting rights granted from a reserve which are not used before the end of the second wine year after the one in which they were granted shall be forfeit and re-allocated to the reserve.

4.
     
  Planting rights in a reserve which are not disbursed before the end of the fifth wine year following their allocation to the reserve shall be extinguished.

5.
     
  If regional reserves exist in a Member State, the Member State may lay down rules permitting the transfer of planting rights between regional reserves. If both regional and national reserves exist in a Member State, the Member State may also permit transfers between those reserves.

Transfers may be subject to a reduction coefficient.

Amendment 237

Proposal for a regulation

Article 103 g (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 103 g |
| | De-minimis rule |
| | This Subsection shall not apply in Member States where the Community planting right regime did not apply by 31 December 2007. |

Text proposed by the Commission

Amendment

Article 103 g

De-minimis rule

This Subsection shall not apply in Member States where the Community planting right regime did not apply by 31 December 2007.

Amendment 238

Proposal for a regulation

Article 103 h (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 103h |
| | Stricter national rules |
| | Member States may adopt stricter national rules in respect of the award of new planting rights or replanting rights. They may require that the respective applications and the relevant information to be supplied therein be supplemented by additional information necessary for monitoring the development of production potential. |

Text proposed by the Commission

Amendment

Article 103h

Stricter national rules

Member States may adopt stricter national rules in respect of the award of new planting rights or replanting rights. They may require that the respective applications and the relevant information to be supplied therein be supplemented by additional information necessary for monitoring the development of production potential.

Amendment 239

Proposal for a regulation

Article 103 i (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 103i |
| | Delegated powers |
| | 1.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2, 3 and 4 of this Article. |
| | 2.
     
  Taking into account the need to avoid and increase in production potential, the Commission shall be empowered to adopt delegated acts, in order to do the following: |
| | (a) | establish a list of situations in which grubbing-up does not generate replanting rights; |

Text proposed by the Commission

Amendment

Article 103i

Delegated powers

1.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2, 3 and 4 of this Article.

2.
     
  Taking into account the need to avoid and increase in production potential, the Commission shall be empowered to adopt delegated acts, in order to do the following:

(a)

establish a list of situations in which grubbing-up does not generate replanting rights;

| (b) | adopt rules concerning transfers of planting rights between the reserves; |
| --- | --- |

(b)

adopt rules concerning transfers of planting rights between the reserves;

| (c) | prohibit the marketing wine or vine products intended solely for consumption by a vine grower's family. |
| --- | --- |

(c)

prohibit the marketing wine or vine products intended solely for consumption by a vine grower's family.

3.
     
  Given the need to provide for an equal treatment of producers that engage in grubbing-up, the Commission shall be empowered to adopt delegated acts, laying down rules to ensure effectiveness of grubbing-up where replanting rights are granted.

4.
     
  Given the need to protect Union funds and the identity, provenance and quality of Union wine, the Commission shall be empowered to adopt delegated acts, in order to do the following:

| (a) | provide for the establishment of an analytical databank of isotopic data that will help detect fraud to be constructed on the basis of samples collected by Member States; and for rules on the Member States' own databanks; |
| --- | --- |

(a)

provide for the establishment of an analytical databank of isotopic data that will help detect fraud to be constructed on the basis of samples collected by Member States; and for rules on the Member States' own databanks;

| (b) | adopt rules on control bodies and the mutual assistance between them; |
| --- | --- |

(b)

adopt rules on control bodies and the mutual assistance between them;

| (c) | adopt rules on the common use of Member States’ findings; |
| --- | --- |

(c)

adopt rules on the common use of Member States’ findings;

| (d) | adopt rules on the treatment of sanctions in the case of exceptional circumstances. |
| --- | --- |

(d)

adopt rules on the treatment of sanctions in the case of exceptional circumstances.

Amendment 240

Proposal for a regulation

Article 103 j (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 103j |
| | Implementing powers |
| | The Commission may adopt all necessary implementing acts, related to this Subsection, including laying down rules on: |
| | (a) | the granting of new planting rights including recording and communication obligations; |

Text proposed by the Commission

Amendment

Article 103j

Implementing powers

The Commission may adopt all necessary implementing acts, related to this Subsection, including laying down rules on:

(a)

the granting of new planting rights including recording and communication obligations;

| (b) | the transfer of replanting rights, including a reduction coefficient; |
| --- | --- |

(b)

the transfer of replanting rights, including a reduction coefficient;

| (c) | the records to be kept by the Member States and notifications to the Commission, including a possible choice of a reserve system; |
| --- | --- |

(c)

the records to be kept by the Member States and notifications to the Commission, including a possible choice of a reserve system;

| (d) | the granting planting rights from the reserve; |
| --- | --- |

(d)

the granting planting rights from the reserve;

| (e) | the checks to be undertaken by Member States and the reporting of information on such checks to the Commission. |
| --- | --- |

(e)

the checks to be undertaken by Member States and the reporting of information on such checks to the Commission.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 241

Proposal for a regulation

Article 104

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 104 | deleted |
| Contractual relations in the milk and milk products sector | |
| 1.
     
  If a Member State decides that every delivery of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, such contract shall fulfil the conditions laid down in paragraph 2. | |
| In the case described in the first subparagraph, the Member State concerned shall also decide that if the delivery of raw milk is made through one or more collectors, each stage of the delivery must be covered by such a contract between the parties. To this end, a ‘collector’ means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case. | |
| 2.
     
  The contract shall: | |
| (a) | be concluded in advance of the delivery, |

Text proposed by the Commission

Amendment

Article 104

deleted

Contractual relations in the milk and milk products sector

1.
     
  If a Member State decides that every delivery of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, such contract shall fulfil the conditions laid down in paragraph 2.

In the case described in the first subparagraph, the Member State concerned shall also decide that if the delivery of raw milk is made through one or more collectors, each stage of the delivery must be covered by such a contract between the parties. To this end, a ‘collector’ means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case.

2.
     
  The contract shall:

(a)

be concluded in advance of the delivery,

| (b) | be made in writing, and |
| --- | --- |

(b)

be made in writing, and

| (c) | include, in particular, the following elements: |
| --- | --- |

(c)

include, in particular, the following elements:

| | (i) | the price payable for the delivery, which shall: |
| --- | --- | --- |

(i)

the price payable for the delivery, which shall:

| | | — | be static and be set out in the contract, and/or |
| --- | --- | --- | --- |

—

be static and be set out in the contract, and/or

| | | — | vary only on factors which are set out in the contract, in particular the development of the market situation based on market indicators, the volume delivered and the quality or composition of the raw milk delivered, |
| --- | --- | --- | --- |

—

vary only on factors which are set out in the contract, in particular the development of the market situation based on market indicators, the volume delivered and the quality or composition of the raw milk delivered,

| | (ii) | the volume which may and/or shall be delivered and the timing of deliveries, and |
| --- | --- | --- |

(ii)

the volume which may and/or shall be delivered and the timing of deliveries, and

| | (iii) | the duration of the contract, which may include an indefinite duration with termination clauses. |
| --- | --- | --- |

(iii)

the duration of the contract, which may include an indefinite duration with termination clauses.

3.
     
  By way of derogation from paragraph 1, a contract shall not be required where raw milk is delivered by a farmer to a processor of raw milk where the processor is a co-operative of which the farmer is a member if its statutes contain provisions having similar effects as those set out in points (a), (b) and (c) of paragraph 2.

4.
     
  All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including those elements referred to in paragraph 2(c), shall be freely negotiated between the parties.

5.
     
  In order to guarantee a uniform application of this Article, the Commission may, by means of implementing acts, adopt necessary measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 242

Proposal for a regulation

Article 104 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 104a |
| | Contractual relations in the milk and milk products sector |
| | 1.
     
  If a Member State decides that every delivery of raw milk in its territory by a farmer to a processor of raw milk must be covered by a written contract between the parties and/or decides that first purchasers must make a written offer for a contract for the delivery of raw milk by the farmers, such a contract and/or such an offer for a contract shall fulfil the conditions laid down in paragraph 2. |
| | Where the Member State decides that deliveries of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if the delivery of raw milk is made through one or more collectors. For the purposes of this Article, a ‘collector’ means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case. |
| | 2.
     
  The contract and/or the offer for a contract shall: |
| | (a) | be made in advance of the delivery, |

Text proposed by the Commission

Amendment

Article 104a

Contractual relations in the milk and milk products sector

1.
     
  If a Member State decides that every delivery of raw milk in its territory by a farmer to a processor of raw milk must be covered by a written contract between the parties and/or decides that first purchasers must make a written offer for a contract for the delivery of raw milk by the farmers, such a contract and/or such an offer for a contract shall fulfil the conditions laid down in paragraph 2.

Where the Member State decides that deliveries of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if the delivery of raw milk is made through one or more collectors. For the purposes of this Article, a ‘collector’ means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case.

2.
     
  The contract and/or the offer for a contract shall:

(a)

be made in advance of the delivery,

| (b) | be made in writing, and |
| --- | --- |

(b)

be made in writing, and

| (c) | include, in particular, the following elements: |
| --- | --- |

(c)

include, in particular, the following elements:

| | (i) | the price payable for the delivery, which shall: |
| --- | --- | --- |

(i)

the price payable for the delivery, which shall:

| | | — | be static and be set out in the contract, and/or |
| --- | --- | --- | --- |

—

be static and be set out in the contract, and/or

| | | — | be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered; |
| --- | --- | --- | --- |

—

be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered;

| | (ii) | the volume of raw milk which may and/or must be delivered and the timing of such deliveries; |
| --- | --- | --- |

(ii)

the volume of raw milk which may and/or must be delivered and the timing of such deliveries;

| | (iii) | the duration of the contract, which may include either a definite or an indefinite duration with termination clauses; |
| --- | --- | --- |

(iii)

the duration of the contract, which may include either a definite or an indefinite duration with termination clauses;

| | (iv) | details regarding payment periods and procedures; |
| --- | --- | --- |

(iv)

details regarding payment periods and procedures;

| | (v) | arrangements for collecting or delivering raw milk; and |
| --- | --- | --- |

(v)

arrangements for collecting or delivering raw milk; and

| | (vi) | rules applicable in the event of force majeure. |
| --- | --- | --- |

(vi)

rules applicable in the event of force majeure.

3.
     
  By way of derogation from paragraph 1, a contract and/or an offer for a contract shall not be required where raw milk is delivered by a farmer to a cooperative of which the farmer is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2.

4.
     
  All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including the elements referred to in paragraph 2(c), shall be freely negotiated between the parties.

Notwithstanding the first subparagraph,

| (i) | where a Member State decides to make written contracts for the delivery of raw milk compulsory in accordance with paragraph 1 of this Article, it may establish a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market; and/or |
| --- | --- |

(i)

where a Member State decides to make written contracts for the delivery of raw milk compulsory in accordance with paragraph 1 of this Article, it may establish a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market; and/or

| (ii) | where a Member State decides that the first purchaser of raw milk must make a written offer for a contract to the farmer in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market. |
| --- | --- |

(ii)

where a Member State decides that the first purchaser of raw milk must make a written offer for a contract to the farmer in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market.

The second subparagraph shall be without prejudice to the farmer’s right to refuse such a minimum duration provided that he does so in writing. In this case, the parties shall be free to negotiate all elements of the contract, including those elements referred to in paragraph 2(c).

5.
     
  Member States which make use of the options referred to in this Article shall notify the Commission of how they are applied.

6.
     
  The Commission may adopt implementing acts laying down measures necessary for the uniform application of paragraph 2(a) and (b) and paragraph 3 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 243

Proposal for a regulation

Article 105

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 105 | deleted |
| Contractual negotiations in the milk and milk products sector | |
| 1.
     
  Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 104(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 106, on behalf of its farmer members for part or all of their joint production. | |
| 2.
     
  The negotiation by the producer organisation may take place: | |
| a) | whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation, |

Text proposed by the Commission

Amendment

Article 105

deleted

Contractual negotiations in the milk and milk products sector

1.
     
  Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 104(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 106, on behalf of its farmer members for part or all of their joint production.

2.
     
  The negotiation by the producer organisation may take place:

a)

whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation,

| b) | whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members, |
| --- | --- |

b)

whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members,

| c) | provided that the total volume of raw milk covered by such negotiations by a particular producer organisation does not exceed: |
| --- | --- |

c)

provided that the total volume of raw milk covered by such negotiations by a particular producer organisation does not exceed:

| | i) | 3,5 % of total Union production, and |
| --- | --- | --- |

i)

3,5 % of total Union production, and

| | ii) | 33 % of the total national production of any particular Member State covered by such negotiations by that producer organisation, and |
| --- | --- | --- |

ii)

33 % of the total national production of any particular Member State covered by such negotiations by that producer organisation, and

| | (iii) | 33 % of the total combined national production of all the Member States covered by such negotiations by that producer organisation, |
| --- | --- | --- |

(iii)

33 % of the total combined national production of all the Member States covered by such negotiations by that producer organisation,

| d) | provided the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf, and |
| --- | --- |

d)

provided the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf, and

| e) | provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates. |
| --- | --- |

e)

provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates.

3.
     
  For the purposes of this Article, references to producer organisations shall also cover associations of such producer organisations. Taking into account the need to ensure that these associations may be appropriately monitored, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 concerning the conditions for recognition of such associations.

4.
     
  By way of derogation from paragraph 2(c)(ii) and (iii), even where the threshold of 33 % is not exceeded, the competition authority referred to in the second subparagraph may decide in an individual case that the negotiation by the producer organisation may not take place if it considers that this is necessary in order to prevent competition being excluded or in order to avoid serious prejudice to SME processors of raw milk in its territory.

The decision referred to in the first subparagraph shall be taken by the Commission, by way of an implementing act, adopted in accordance with the advisory procedure referred to in Article 14 of Regulation (EC) No 1/2003 for negotiations covering the production of more than one Member State. In other cases it shall be taken by the national competition authority of the Member State the production of which is covered by the negotiations.

The decisions referred to in the first and second subparagraphs shall not apply earlier than the date of their notification to the undertakings concerned.

5.
     
  For the purposes of this Article:

| a) | a ‘national competition authority’ shall be the authority referred to in Article 5 of Regulation (EC) No 1/2003; |
| --- | --- |

a)

a ‘national competition authority’ shall be the authority referred to in Article 5 of Regulation (EC) No 1/2003;

| b) | a ‘SME’ shall mean a micro, small or medium-sized enterprise within the meaning of Commission Recommendation 2003/361/EC. |
| --- | --- |

b)

a ‘SME’ shall mean a micro, small or medium-sized enterprise within the meaning of Commission Recommendation 2003/361/EC.

Amendment 244

Proposal for a regulation

Article 105 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 105a |
| | Contractual negotiations in the milk and milk products sector |
| | 1.
     
  A producer organisation in the milk and milk products sector which is recognised under Articles 106 and 106a, may negotiate on behalf of its farmer members, in respect of part or all of their joint production, contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 104a(1). |
| | 2.
     
  The negotiations by the producer organisation may take place: |
| | (a) | whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation; |

Text proposed by the Commission

Amendment

Article 105a

Contractual negotiations in the milk and milk products sector

1.
     
  A producer organisation in the milk and milk products sector which is recognised under Articles 106 and 106a, may negotiate on behalf of its farmer members, in respect of part or all of their joint production, contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 104a(1).

2.
     
  The negotiations by the producer organisation may take place:

(a)

whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation;

| (b) | whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members; |
| --- | --- |

(b)

whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members;

| (c) | provided that, for a particular producer organisation: |
| --- | --- |

(c)

provided that, for a particular producer organisation:

| | (i) | the volume of raw milk covered by such negotiations does not exceed 3,5 % of total Union production, and |
| --- | --- | --- |

(i)

the volume of raw milk covered by such negotiations does not exceed 3,5 % of total Union production, and

| | (ii) | the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 33 % of the total national production of that Member State, and |
| --- | --- | --- |

(ii)

the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 33 % of the total national production of that Member State, and

| | (iii) | the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 33 % of the total national production of that Member State; |
| --- | --- | --- |

(iii)

the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 33 % of the total national production of that Member State;

| (d) | provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas; |
| --- | --- |

(d)

provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas;

| (e) | provided that the raw milk is not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and |
| --- | --- |

(e)

provided that the raw milk is not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and

| (f) | provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates of the volume of raw milk covered by such negotiations. |
| --- | --- |

(f)

provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates of the volume of raw milk covered by such negotiations.

3.
     
  Notwithstanding the conditions set out in points (c)(ii) and (iii) of paragraph 2, a producer organisation may negotiate pursuant to paragraph 1, provided that, with regard to that producer organisation, the volume of raw milk covered by the negotiations which is produced in or delivered in a Member State having a total annual raw milk production of less than 500 000 tonnes does not exceed 45 % of the total national production of that Member State.

4.
     
  For the purposes of this Article, references to producer organisations shall also include associations of such producer organisations.

5.
     
  For the purposes of applying point (c) of paragraph 2 and paragraph 3, the Commission shall publish, by such means as it considers appropriate, the amounts of raw milk production in the Union and the Member States using the most up-to-date information available.

6.
     
  By way of derogation from point (c) of paragraph 2 and paragraph 3, even where the thresholds set out therein are not exceeded, the national competition authority referred to in the second subparagraph of this paragraph may decide in an individual case that a particular negotiation by the producer organisation should either be reopened or should not take place at all if it considers that this is necessary in order to prevent competition being excluded or in order to avoid seriously damaging SME processors of raw milk in its territory

For negotiations covering more than one Member State, the decision referred to in the first subparagraph shall be taken by the Commission, by means of an implementing act adopted without the application of Article 162(2) or (3). In other cases, that decision shall be taken by the national competition authority of the Member State to which the negotiations relate.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

7.
     
  For the purposes of this Article:

| (a) | a ‘national competition authority’ shall be the authority referred to in Article 5 of Council Regulation (EC) No 1/2003; |
| --- | --- |

(a)

a ‘national competition authority’ shall be the authority referred to in Article 5 of Council Regulation (EC) No 1/2003;

| (b) | ‘SME’ shall mean a micro, small or medium-sized enterprise within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises. |
| --- | --- |

(b)

‘SME’ shall mean a micro, small or medium-sized enterprise within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises.

8.
     
  The Member States in which negotiations take place in accordance with this Article shall notify the Commission of the application of paragraph 2(f) and of paragraph 6.

9.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 160, laying down additional rules for calculating the volumes of raw milk covered by the negotiations referred to in paragraphs 2 and 3.

10.
     
  The Commission may adopt implementing acts, laying down the necessary detailed provisions for the notification referred to in point (f) of paragraph 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2);

Amendment 245

Proposal for a regulation

Article 105 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 105b |
| | Regulation of supply for cheese with a protected designation of origin or protected geographical indication |
| | 1.
     
  Upon the request of a producer organisation recognised under Articles 106 and 106a, an interbranch organisation recognised under Articles 108(1) and 108a or a group of operators referred to in Article 5(1) of Regulation (EC) No 510/2006, Member States may lay down, for a limited period of time, binding rules for the regulation of the supply of cheese benefiting from a protected designation of origin or from a protected geographical indication under Article 2(1)(a) and (b) of Regulation (EC) No 510/2006. |
| | 2.
     
  The rules referred to in paragraph 1 shall comply with the conditions set out in paragraph 4 and shall be subject to the existence of a prior agreement between the parties in the geographical area referred to in Article 4(2)(c) of Regulation (EC) No 510/2006. Such an agreement shall be concluded between at least two-thirds of the milk producers or their representatives representing at least two-thirds of the raw milk used for the production of the cheese referred to in paragraph 1 and, if appropriate, at least two-thirds of the producers of that cheese representing at least two-thirds of the production of that cheese in the geographical area referred to in Article 4(2)(c) of Regulation (EC) No 510/2006. |
| | 3.
     
  For the purpose of paragraph 1, concerning cheese benefiting from a protected geographical indication, the geographical area of origin of the raw milk, as set in the product specification for the cheese, shall be the same as the geographical area referred to in Article 4(2)(c) of Regulation (EC) No 510/2006 related to that cheese. |
| | 4.
     
  The rules referred to in paragraph 1: |
| | (a) | shall only cover the regulation of supply of the product concerned and shall have the aim of adapting the supply of that cheese to demand; |

Text proposed by the Commission

Amendment

Article 105b

Regulation of supply for cheese with a protected designation of origin or protected geographical indication

1.
     
  Upon the request of a producer organisation recognised under Articles 106 and 106a, an interbranch organisation recognised under Articles 108(1) and 108a or a group of operators referred to in Article 5(1) of Regulation (EC) No 510/2006, Member States may lay down, for a limited period of time, binding rules for the regulation of the supply of cheese benefiting from a protected designation of origin or from a protected geographical indication under Article 2(1)(a) and (b) of Regulation (EC) No 510/2006.

2.
     
  The rules referred to in paragraph 1 shall comply with the conditions set out in paragraph 4 and shall be subject to the existence of a prior agreement between the parties in the geographical area referred to in Article 4(2)(c) of Regulation (EC) No 510/2006. Such an agreement shall be concluded between at least two-thirds of the milk producers or their representatives representing at least two-thirds of the raw milk used for the production of the cheese referred to in paragraph 1 and, if appropriate, at least two-thirds of the producers of that cheese representing at least two-thirds of the production of that cheese in the geographical area referred to in Article 4(2)(c) of Regulation (EC) No 510/2006.

3.
     
  For the purpose of paragraph 1, concerning cheese benefiting from a protected geographical indication, the geographical area of origin of the raw milk, as set in the product specification for the cheese, shall be the same as the geographical area referred to in Article 4(2)(c) of Regulation (EC) No 510/2006 related to that cheese.

4.
     
  The rules referred to in paragraph 1:

(a)

shall only cover the regulation of supply of the product concerned and shall have the aim of adapting the supply of that cheese to demand;

| (b) | shall have effect only on the product concerned; |
| --- | --- |

(b)

shall have effect only on the product concerned;

| (c) | may be made binding for no more than three years and be renewed after this period, following a new request, as referred to in paragraph 1; |
| --- | --- |

(c)

may be made binding for no more than three years and be renewed after this period, following a new request, as referred to in paragraph 1;

| (d) | shall not damage the trade of products other than those concerned by the rules referred to in paragraph 1; |
| --- | --- |

(d)

shall not damage the trade of products other than those concerned by the rules referred to in paragraph 1;

| (e) | shall not relate to any transaction after the first marketing of the cheese concerned; |
| --- | --- |

(e)

shall not relate to any transaction after the first marketing of the cheese concerned;

| (f) | shall not allow for price fixing, including where prices are set for guidance or recommendation; |
| --- | --- |

(f)

shall not allow for price fixing, including where prices are set for guidance or recommendation;

| (g) | shall not render unavailable an excessive proportion of the product concerned that would otherwise be available; |
| --- | --- |

(g)

shall not render unavailable an excessive proportion of the product concerned that would otherwise be available;

| (h) | shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected; |
| --- | --- |

(h)

shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected;

| (i) | shall contribute to maintaining the quality and/or the development of the product concerned; |
| --- | --- |

(i)

shall contribute to maintaining the quality and/or the development of the product concerned;

| (j) | shall be without prejudice to Article 105a. |
| --- | --- |

(j)

shall be without prejudice to Article 105a.

5.
     
  The rules referred to in paragraph 1 shall be published in an official publication of the Member State concerned.

6.
     
  Member States shall carry out checks in order to ensure that the conditions laid down in paragraph 4 are complied with, and, where it has been found by the competent national authorities that such conditions have not been complied with, shall repeal the rules referred to in paragraph 1.

7.
     
  Member States shall notify the Commission forthwith of the rules referred to in paragraph 1 which they have adopted. The Commission shall inform Member States of any notification of such rules.

8.
     
  The Commission may at any time adopt implementing acts requiring that a Member State repeal the rules laid down by that Member State pursuant to paragraph 1 if the Commission finds that those rules do not comply with the conditions laid down in paragraph 4, prevent or distort competition in a substantial part of the internal market or jeopardise free trade or the attainment of the objectives of Article 39 TFEU.

These implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3).

Amendment 246

Proposal for a regulation

Article 106

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 106 | Article 106 |
| Producer organisations | Producer organisations |
| Member States shall recognise, on request, producer organisations, which: | Member States shall recognise, on request, producer organisations, which: |
| (a) | are constituted
  by producers
  in any of the sectors listed in Article 1(2); |

Text proposed by the Commission

Amendment

Article 106

Article 106

Producer organisations

Producer organisations

Member States shall recognise, on request, producer organisations, which:

Member States shall recognise, on request, producer organisations, which:

(a)

are constituted
  by producers
  in any of the sectors listed in Article 1(2);

| (a) | are constituted
  and controlled by farmers
  in any of the sectors listed in Article 1(2); |
| --- | --- |

(a)

are constituted
  and controlled by farmers
  in any of the sectors listed in Article 1(2);

| (b) | are formed on the initiative of the
  producers
  ; |
| --- | --- |

(b)

are formed on the initiative of the
  producers
  ;

| (b) | are formed on the initiative of the
  farmers
  ; |
| --- | --- |

(b)

are formed on the initiative of the
  farmers
  ;

| (c) | pursue a specific aim which
  may
  include at least one of the following objectives: |
| --- | --- |

(c)

pursue a specific aim which
  may
  include at least one of the following objectives:

| (c) | pursue a specific aim which
  shall
  include at least one of the
  objectives listed in points (i), (ii) or (iii) and may include one or more of the
  following
  other
  objectives: |
| --- | --- |

(c)

pursue a specific aim which
  shall
  include at least one of the
  objectives listed in points (i), (ii) or (iii) and may include one or more of the
  following
  other
  objectives:

| | (i) | ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity; |
| --- | --- | --- |

(i)

ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

| | (i) | ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity; |
| --- | --- | --- |

(i)

ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

| | (ii) | concentration of supply and the placing on the market of the products produced by its members; |
| --- | --- | --- |

(ii)

concentration of supply and the placing on the market of the products produced by its members;

| | (ii) | concentration of supply and the placing on the market of the products produced by its members
  , especially through direct sales
  ; |
| --- | --- | --- |

(ii)

concentration of supply and the placing on the market of the products produced by its members
  , especially through direct sales
  ;

| | (iii) | optimising production costs and stabilising producer prices; |
| --- | --- | --- |

(iii)

optimising production costs and stabilising producer prices;

| | (iii) | optimising production costs, stabilising producer prices,
  notably with regard to the compensation received for costs of investment in issues such as environment and animal welfare, and contributing to reasonable prices for consumers
  ; |
| --- | --- | --- |

(iii)

optimising production costs, stabilising producer prices,
  notably with regard to the compensation received for costs of investment in issues such as environment and animal welfare, and contributing to reasonable prices for consumers
  ;

| | (iv) | carrying out research
  into
  sustainable production methods and market developments; |
| --- | --- | --- |

(iv)

carrying out research
  into
  sustainable production methods and market developments;

| | (iv) | carrying out research
  and developing initiatives on
  sustainable production methods
  , innovative practices, economic competitiveness
  and market developments; |
| --- | --- | --- |

(iv)

carrying out research
  and developing initiatives on
  sustainable production methods
  , innovative practices, economic competitiveness
  and market developments;

| | (v) | promoting and providing technical assistance for the use of environmentally sound cultivation practices and production techniques; |
| --- | --- | --- |

(v)

promoting and providing technical assistance for the use of environmentally sound cultivation practices and production techniques;

| | (v) | promoting and providing technical assistance for the use of environmentally sound cultivation practices, production techniques and
  sound animal welfare practices and techniques
  ; |
| --- | --- | --- |

(v)

promoting and providing technical assistance for the use of environmentally sound cultivation practices, production techniques and
  sound animal welfare practices and techniques
  ;

| | (va) | promoting and providing technical assistance for the use of production standards, improving product quality and developing products with a protected designation of origin, a protected geographical indication or covered by a national quality label. |
| --- | --- | --- |

(va)

promoting and providing technical assistance for the use of production standards, improving product quality and developing products with a protected designation of origin, a protected geographical indication or covered by a national quality label.

| | (vb) | establishing stricter production rules than those laid down at Union or national level; |
| --- | --- | --- |

(vb)

establishing stricter production rules than those laid down at Union or national level;

| (vi) | the management of by-products and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity;
  and |
| --- | --- |

(vi)

the management of by-products and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity;
  and

| | (vi) | the management of by-products and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity; |
| --- | --- | --- |

(vi)

the management of by-products and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity;

| (vii) | contributing to a sustainable use of natural resources and to climate change mitigation; |
| --- | --- |

(vii)

contributing to a sustainable use of natural resources and to climate change mitigation;

| | (vii) | contributing to a sustainable use of natural resources and to climate change mitigation; |
| --- | --- | --- |

(vii)

contributing to a sustainable use of natural resources and to climate change mitigation;

| | (viia) | developing initiatives in the area of promotion and marketing; |
| --- | --- | --- |

(viia)

developing initiatives in the area of promotion and marketing;

| | (viib) | managing the mutual funds referred to in Article 37 of Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD); |
| --- | --- | --- |

(viib)

managing the mutual funds referred to in Article 37 of Regulation (EU) No [...] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD);

| | (viic) | implementing crisis-prevention and crisis-management instruments, notably through private storage, processing, promotion, promotional sales and, as a last resort, through market withdrawal; |
| --- | --- | --- |

(viic)

implementing crisis-prevention and crisis-management instruments, notably through private storage, processing, promotion, promotional sales and, as a last resort, through market withdrawal;

| | (viid) | providing the necessary technical assistance for the use of the futures markets and of insurance schemes; |
| --- | --- | --- |

(viid)

providing the necessary technical assistance for the use of the futures markets and of insurance schemes;

| | (viie) | negotiating, on their own behalf or where applicable on behalf of their members, input supply contracts with operators in upstream sectors; |
| --- | --- | --- |

(viie)

negotiating, on their own behalf or where applicable on behalf of their members, input supply contracts with operators in upstream sectors;

| | (viif) | negotiating, on their own behalf or where applicable on behalf of their members, contracts for the delivery of agricultural products and agrifoodstuffs, with operators in downstream sectors; |
| --- | --- | --- |

(viif)

negotiating, on their own behalf or where applicable on behalf of their members, contracts for the delivery of agricultural products and agrifoodstuffs, with operators in downstream sectors;

| (d) | do not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty. |
| --- | --- |

(d)

do not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty.

| (da) | market the products excluded by CN code ex 22.08 referred to in Annex I to the Treaty, provided that the proportion of such products sold which are not covered by Annex I does not exceed 49 % of the total volume marketed, without this leading to the forfeiture of official status as a producer organisation in the recognised agricultural sector. |
| --- | --- |

(da)

market the products excluded by CN code ex 22.08 referred to in Annex I to the Treaty, provided that the proportion of such products sold which are not covered by Annex I does not exceed 49 % of the total volume marketed, without this leading to the forfeiture of official status as a producer organisation in the recognised agricultural sector.

Amendment 247

Proposal for a regulation

Article 106 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 106a |
| | Statute of producer organisations |
| | 1.
     
  The statute of a producer organisation shall require its producer members, in particular, to: |
| | (a) | apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment; |

Text proposed by the Commission

Amendment

Article 106a

Statute of producer organisations

1.
     
  The statute of a producer organisation shall require its producer members, in particular, to:

(a)

apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment;

| (b) | be members of only one producer organisation for any given product of the holding, without prejudice to any derogation granted by the Member State concerned in duly justified cases where producer members hold two distinct production units located in different geographical areas; |
| --- | --- |

(b)

be members of only one producer organisation for any given product of the holding, without prejudice to any derogation granted by the Member State concerned in duly justified cases where producer members hold two distinct production units located in different geographical areas;

| (c) | provide the information requested by the producer organisation for statistical purposes, in particular on growing areas, production, yields and direct sales; |
| --- | --- |

(c)

provide the information requested by the producer organisation for statistical purposes, in particular on growing areas, production, yields and direct sales;

2.
     
  The statute of a producer organisation shall also provide for:

| (a) | procedures for laying down, adopting and amending the rules referred to in paragraph 1; |
| --- | --- |

(a)

procedures for laying down, adopting and amending the rules referred to in paragraph 1;

| (b) | the imposition on members of financial contributions needed to finance the producer organisation; |
| --- | --- |

(b)

the imposition on members of financial contributions needed to finance the producer organisation;

| (c) | rules enabling the producer members to scrutinise democratically their organisation and its decisions; |
| --- | --- |

(c)

rules enabling the producer members to scrutinise democratically their organisation and its decisions;

| (d) | penalties for infringement of obligations under the articles of association, particularly for non-payment of financial contributions, or of the rules laid down by the producer organisation; |
| --- | --- |

(d)

penalties for infringement of obligations under the articles of association, particularly for non-payment of financial contributions, or of the rules laid down by the producer organisation;

| (e) | rules on the admission of new members, and in particular the minimum period of membership which may not be less than one year; |
| --- | --- |

(e)

rules on the admission of new members, and in particular the minimum period of membership which may not be less than one year;

| (f) | the accounting and budgetary rules necessary for the operation of the organisation. |
| --- | --- |

(f)

the accounting and budgetary rules necessary for the operation of the organisation.

3.
     
  Producer organisations shall be deemed to be acting in the name and on behalf of their members in economic matters within their terms of reference, whether or not ownership of the products concerned has been transferred from producers to producer organisations.

Amendment 248

Proposal for a regulation

Article 106 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 106b |
| | Recognition of producer organisations |
| | 1.
     
  Member States shall recognise as producer organisations all legal entities or clearly defined parts of legal entities applying for such recognition, provided that they: |
| | (a) | meet the requirements laid down in points (b) and (c) of the first paragraph of Article 106; |

Text proposed by the Commission

Amendment

Article 106b

Recognition of producer organisations

1.
     
  Member States shall recognise as producer organisations all legal entities or clearly defined parts of legal entities applying for such recognition, provided that they:

(a)

meet the requirements laid down in points (b) and (c) of the first paragraph of Article 106;

| (b) | have a minimum number of members and/or cover a minimum volume of marketable production, to be laid down by the Member State concerned, in the area where they operate; |
| --- | --- |

(b)

have a minimum number of members and/or cover a minimum volume of marketable production, to be laid down by the Member State concerned, in the area where they operate;

| (c) | provide sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to their members, and concentration of supply; |
| --- | --- |

(c)

provide sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to their members, and concentration of supply;

| (d) | have rules of association that are consistent with points (a), (b) and (c) of this paragraph. |
| --- | --- |

(d)

have rules of association that are consistent with points (a), (b) and (c) of this paragraph.

2.
     
  Member States may decide that producer organisations which have been recognised before 1 January 2014 on the basis of national law and which fulfil the conditions laid down in paragraph 1 of this Article are deemed to be recognised as producer organisations pursuant to Article 106.

3.
     
  Producer organisations which have been recognised before 1 January 2014 on the basis of national law and which do not fulfil the conditions laid down in paragraph 1 of this Article may continue to exercise their activities under national law until 1 January 2015.

4.
     
  Member States shall:

| (a) | decide whether to grant recognition to a producer organisation within four months of the lodging of an application accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters; |
| --- | --- |

(a)

decide whether to grant recognition to a producer organisation within four months of the lodging of an application accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters;

| (b) | carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with the provisions in this Chapter; |
| --- | --- |

(b)

carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with the provisions in this Chapter;

| (c) | in the event of non-compliance or irregularities in the implementation of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and decide whether, if necessary, recognition should be withdrawn; |
| --- | --- |

(c)

in the event of non-compliance or irregularities in the implementation of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and decide whether, if necessary, recognition should be withdrawn;

| (d) | inform the Commission once a year and no later than 31 March of every decision to grant, refuse or withdraw recognition taken during the previous calendar year. |
| --- | --- |

(d)

inform the Commission once a year and no later than 31 March of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.

Amendment 249

Proposal for a regulation

Article 106 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 106c |
| | Outsourcing |
| | Member States may permit a recognised producer organisation or a recognised association of producer organisations to outsource any of its activities other than production, including to subsidiaries, provided that it provides sufficient evidence to the Member State concerned that doing so is an appropriate way to achieve the objectives of the producer organisation or association of producer organisations concerned and that the producer organisation or association of producer organisations remains responsible for ensuring the carrying out of the outsourced activity and overall management control and supervision of the commercial arrangement for the provision of the activity. In particular, the organisation or association shall retain the power to issue binding instructions to its agent in respect of the activities entrusted to it. |

Text proposed by the Commission

Amendment

Article 106c

Outsourcing

Member States may permit a recognised producer organisation or a recognised association of producer organisations to outsource any of its activities other than production, including to subsidiaries, provided that it provides sufficient evidence to the Member State concerned that doing so is an appropriate way to achieve the objectives of the producer organisation or association of producer organisations concerned and that the producer organisation or association of producer organisations remains responsible for ensuring the carrying out of the outsourced activity and overall management control and supervision of the commercial arrangement for the provision of the activity. In particular, the organisation or association shall retain the power to issue binding instructions to its agent in respect of the activities entrusted to it.

Amendment 250

Proposal for a regulation

Article 107

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 107 | Article 107 |
| Associations of producer organisations | Associations of producer organisations |
| Member States
  shall
  recognise, on request, associations of producer organisations in
  any of the sectors
  listed in Article 1(2) which are formed on the initiative of recognised producer organisations. | Member States
  may
  recognise associations of producer organisations in
  a specific sector
  listed in Article 1(2) which are formed on the initiative of recognised producer organisations. |
| Subject to the rules adopted pursuant to Article 114, associations of producer organisations may carry out any of the activities or functions of producer organisations. | Subject to the rules adopted pursuant to Article 114, associations of producer organisations may carry out any of the activities or functions of producer organisations. |

Text proposed by the Commission

Amendment

Article 107

Article 107

Associations of producer organisations

Associations of producer organisations

Member States
  shall
  recognise, on request, associations of producer organisations in
  any of the sectors
  listed in Article 1(2) which are formed on the initiative of recognised producer organisations.

Member States
  may
  recognise associations of producer organisations in
  a specific sector
  listed in Article 1(2) which are formed on the initiative of recognised producer organisations.

Subject to the rules adopted pursuant to Article 114, associations of producer organisations may carry out any of the activities or functions of producer organisations.

Subject to the rules adopted pursuant to Article 114, associations of producer organisations may carry out any of the activities or functions of producer organisations.

Amendment 251

Proposal for a regulation

Article 108

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 108 | Article 108 |
| Interbranch organisations | Interbranch organisations |
| 1.   Member States
  shall
  recognise
  , on request
  , interbranch organisations in any of the sectors listed in Article 1(2) which: | 1.   Member States
  may
  recognise interbranch organisations in any of the sectors listed in Article 1(2) which
  have formally requested recognition and
  : |
| (a) | are constituted of representatives of economic activities linked to the production
  of, trade in, and/or
  processing of products in one or more sectors; |

Text proposed by the Commission

Amendment

Article 108

Article 108

Interbranch organisations

Interbranch organisations

1.   Member States
  shall
  recognise
  , on request
  , interbranch organisations in any of the sectors listed in Article 1(2) which:

1.   Member States
  may
  recognise interbranch organisations in any of the sectors listed in Article 1(2) which
  have formally requested recognition and
  :

(a)

are constituted of representatives of economic activities linked to the production
  of, trade in, and/or
  processing of products in one or more sectors;

| (a) | are constituted of representatives of economic activities linked to the production
  and to at least one of the following stages of the supply chain: the
  processing of
  or trading of, including distribution of,
  products in one or more sectors; |
| --- | --- |

(a)

are constituted of representatives of economic activities linked to the production
  and to at least one of the following stages of the supply chain: the
  processing of
  or trading of, including distribution of,
  products in one or more sectors;

| (b) | are formed on the initiative of all or some of the organisations or associations which constitute them; |
| --- | --- |

(b)

are formed on the initiative of all or some of the organisations or associations which constitute them;

| (b) | are formed on the initiative of all or some of the organisations or associations which constitute them; |
| --- | --- |

(b)

are formed on the initiative of all or some of the organisations or associations which constitute them;

| (ba) | concern products or groups of products not covered by a previously recognised interbranch organisation; |
| --- | --- |

(ba)

concern products or groups of products not covered by a previously recognised interbranch organisation;

| (c) | pursue a specific aim, which may include
  at least
  one of the following objectives: |
| --- | --- |

(c)

pursue a specific aim, which may include
  at least
  one of the following objectives:

| (c) | pursue a specific aim
  taking account of the interests of their members and of consumers
  , which may include,
  in particular,
  one of the following objectives: |
| --- | --- |

(c)

pursue a specific aim
  taking account of the interests of their members and of consumers
  , which may include,
  in particular,
  one of the following objectives:

| | (i) | improving knowledge and the transparency of production and the market, including by publication of statistical data on
  the
  prices, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional or national level; |
| --- | --- | --- |

(i)

improving knowledge and the transparency of production and the market, including by publication of statistical data on
  the
  prices, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional or national level;

| | (i) | improving knowledge and the transparency of production and the market, including by publication of statistical data on
  production costs,
  prices,
  including, where appropriate, price indicators,
  volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional, national or
  international
  level; |
| --- | --- | --- |

(i)

improving knowledge and the transparency of production and the market, including by publication of statistical data on
  production costs,
  prices,
  including, where appropriate, price indicators,
  volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional, national or
  international
  level;

| | (ia) | facilitating advance knowledge of production potential, and recording market prices; |
| --- | --- | --- |

(ia)

facilitating advance knowledge of production potential, and recording market prices;

| (ii) | helping to better coordinate the way the products are placed on the market, in particular by means of research and market studies; |
| --- | --- |

(ii)

helping to better coordinate the way the products are placed on the market, in particular by means of research and market studies;

| | (ii) | helping to better coordinate the way the products are placed on the market, in particular by means of research and market studies; |
| --- | --- | --- |

(ii)

helping to better coordinate the way the products are placed on the market, in particular by means of research and market studies;

| | (iia) | exploring potential export markets; |
| --- | --- | --- |

(iia)

exploring potential export markets;

| (iii) | drawing up standard forms of contract compatible with Union rules; |
| --- | --- |

(iii)

drawing up standard forms of contract compatible with Union rules;

| | (iii) | without prejudice to provisions laid down in Articles 104a and 113a,
  drawing up standard forms of contract compatible with Union rules
  for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distorsions
  ; |
| --- | --- | --- |

(iii)

without prejudice to provisions laid down in Articles 104a and 113a,
  drawing up standard forms of contract compatible with Union rules
  for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distorsions
  ;

| (iv) | exploiting to a fuller extent the potential of the products; |
| --- | --- |

(iv)

exploiting to a fuller extent the potential of the products;

| | (iv) | exploiting to a fuller extent the potential of the products
  , including at the level of market outlets, and developing initiatives to strengthen economic competitiveness and innovation
  ; |
| --- | --- | --- |

(iv)

exploiting to a fuller extent the potential of the products
  , including at the level of market outlets, and developing initiatives to strengthen economic competitiveness and innovation
  ;

| (v) | providing the information and carrying out the research necessary to rationalise, improve and adjust production towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the particular characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment; |
| --- | --- |

(v)

providing the information and carrying out the research necessary to rationalise, improve and adjust production towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the particular characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment;

| | (v) | providing the information and carrying out the research necessary to
  innovate,
  rationalise, improve and adjust production
  , and, where applicable, the processing and/or marketing,
  towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the particular characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment; |
| --- | --- | --- |

(v)

providing the information and carrying out the research necessary to
  innovate,
  rationalise, improve and adjust production
  , and, where applicable, the processing and/or marketing,
  towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the particular characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment;

| (vi) | seeking ways of
  restricting the use of animal-health or plant protection products
  and
  other inputs
  and
  ensuring product quality and soil and water conservation; |
| --- | --- |

(vi)

seeking ways of
  restricting the use of animal-health or plant protection products
  and
  other inputs
  and
  ensuring product quality and soil and water conservation;

| | (vi) | restricting the use of animal-health or plant protection products
  , better managing
  other inputs, ensuring product quality and soil and water conservation
  , enhancing food safety, in particular through traceability of products, and improving animal health and welfare
  ; |
| --- | --- | --- |

(vi)

restricting the use of animal-health or plant protection products
  , better managing
  other inputs, ensuring product quality and soil and water conservation
  , enhancing food safety, in particular through traceability of products, and improving animal health and welfare
  ;

| (vii) | developing methods and instruments for improving product quality at all stages of production and marketing; |
| --- | --- |

(vii)

developing methods and instruments for improving product quality at all stages of production and marketing;

| | (vii) | developing methods and instruments for improving product quality at all stages of production and
  , where applicable, of processing and/or
  marketing; |
| --- | --- | --- |

(vii)

developing methods and instruments for improving product quality at all stages of production and
  , where applicable, of processing and/or
  marketing;

| | (viia) | defining minimum qualities and defining minimum standards of packing and presentation; |
| --- | --- | --- |

(viia)

defining minimum qualities and defining minimum standards of packing and presentation;

| (viii) | exploiting the potential of
  organic farming and
  protecting and promoting such farming as well as
  designations of origin, quality labels and geographical indications; |
| --- | --- |

(viii)

exploiting the potential of
  organic farming and
  protecting and promoting such farming as well as
  designations of origin, quality labels and geographical indications;

| | (viii) | taking all possible actions to uphold, protect and promote
  organic farming and designations of origin, quality labels and geographical indications; |
| --- | --- | --- |

(viii)

taking all possible actions to uphold, protect and promote
  organic farming and designations of origin, quality labels and geographical indications;

| (ix) | promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods; |
| --- | --- |

(ix)

promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods;

| | (ix) | promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods; |
| --- | --- | --- |

(ix)

promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods;

| (x) | encouraging
  healthy
  consumption of the products and informing about the harm linked to hazardous consumption patterns; |
| --- | --- |

(x)

encouraging
  healthy
  consumption of the products and informing about the harm linked to hazardous consumption patterns;

| | (x) | encouraging
  moderate and responsible
  consumption of the products
  on the internal market
  and
  /or
  informing about the harm linked to hazardous consumption patterns; |
| --- | --- | --- |

(x)

encouraging
  moderate and responsible
  consumption of the products
  on the internal market
  and
  /or
  informing about the harm linked to hazardous consumption patterns;

| | (xa) | promoting consumption and/or furnishing information concerning products on the internal market and external markets
  ; |
| --- | --- | --- |

(xa)

promoting consumption and/or furnishing information concerning products on the internal market and external markets
  ;

| (xi) | carrying out promotion actions, especially in third countries. |
| --- | --- |

(xi)

carrying out promotion actions, especially in third countries.

| (xia) | implementing collective measures to prevent and manage the health, plant-protection and environmental risks and uncertainties linked to the production and, where applicable to the processing and/or marketing and/or distribution of agricultural and food products; |
| --- | --- |

(xia)

implementing collective measures to prevent and manage the health, plant-protection and environmental risks and uncertainties linked to the production and, where applicable to the processing and/or marketing and/or distribution of agricultural and food products;

| (xib) | contributing to the management of by-products and the reduction and management of waste. |
| --- | --- |

(xib)

contributing to the management of by-products and the reduction and management of waste.

2.   For interbranch organisations in the olive oil and table olive and tobacco sectors, the specific aim referred to in point (c) of paragraph 1 may also include at least one of the following objectives:

2.   For interbranch organisations in the olive oil and table olive and tobacco sectors, the specific aim referred to in point (c) of paragraph 1 may also include at least one of the following objectives:

| (a) | concentrating and co-ordinating supply and marketing of the produce of the members; |
| --- | --- |

(a)

concentrating and co-ordinating supply and marketing of the produce of the members;

| (a) | concentrating and co-ordinating supply and marketing of the produce of the members; |
| --- | --- |

(a)

concentrating and co-ordinating supply and marketing of the produce of the members;

| (b) | adapting production and processing jointly to the requirements of the market and improving the product; |
| --- | --- |

(b)

adapting production and processing jointly to the requirements of the market and improving the product;

| (b) | adapting production and processing jointly to the requirements of the market and improving the product; |
| --- | --- |

(b)

adapting production and processing jointly to the requirements of the market and improving the product;

| (c) | promoting the rationalisation and improvement of production and processing. |
| --- | --- |

(c)

promoting the rationalisation and improvement of production and processing.

| (c) | promoting the rationalisation and improvement of production and processing. |
| --- | --- |

(c)

promoting the rationalisation and improvement of production and processing.

Amendment 252

Proposal for a regulation

Article 108 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 108a |
| | Recognition of interbranch organisations |
| | 1.
     
  Member States may recognise interbranch organisations applying for such recognition, provided that they: |
| | (a) | meet the requirements laid down in Article 108; |

Text proposed by the Commission

Amendment

Article 108a

Recognition of interbranch organisations

1.
     
  Member States may recognise interbranch organisations applying for such recognition, provided that they:

(a)

meet the requirements laid down in Article 108;

| (b) | carry out their activities in one or more regions in the territory concerned; |
| --- | --- |

(b)

carry out their activities in one or more regions in the territory concerned;

| (c) | account for a significant share of the economic activities referred to in Article 108(1)(a); |
| --- | --- |

(c)

account for a significant share of the economic activities referred to in Article 108(1)(a);

| (d) | with the exception of the cases laid down in Article 108(2), do not themselves engage in production, processing and/or trade. |
| --- | --- |

(d)

with the exception of the cases laid down in Article 108(2), do not themselves engage in production, processing and/or trade.

2.
     
  Member States may decide that interbranch organisations which have been recognised before 1 January 2014 on the basis of national law and which fulfil the conditions laid down in paragraph 1 are deemed to be recognised as interbranch organisations pursuant to Article 108.

3.
     
  Interbranch organisations which have been recognised before 1 January 2014 on the basis of national law and which do not fulfil the conditions laid down in paragraph 1 of this Article may continue to exercise their activities under national law until 1 January 2015.

4.
     
  Where Member States recognise an interbranch organisation in accordance with paragraph 1 and/or 2, they shall:

| (a) | decide whether to grant recognition within four months of the lodging of an application with all relevant supporting documents; this application shall be lodged with the Member State where the organisation has its headquarters; |
| --- | --- |

(a)

decide whether to grant recognition within four months of the lodging of an application with all relevant supporting documents; this application shall be lodged with the Member State where the organisation has its headquarters;

| (b) | carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition; |
| --- | --- |

(b)

carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

| (c) | in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and decide whether, if necessary, recognition should be withdrawn; |
| --- | --- |

(c)

in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and decide whether, if necessary, recognition should be withdrawn;

| (d) | withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer met; |
| --- | --- |

(d)

withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer met;

| (e) | inform the Commission each year, by 31 March, of every decision to grant, refuse or withdraw recognition taken during the previous calendar year. |
| --- | --- |

(e)

inform the Commission each year, by 31 March, of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.

Amendment 253

Proposal for a regulation

Article 109

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 109 | deleted |
| Operator organisations | |
| For the purposes of this Regulation, operator organisations in the olive oil and table olives sector shall comprise recognised producer organisations, recognised interbranch organisations or recognised organisations of other operators or their associations. | |

Text proposed by the Commission

Amendment

Article 109

deleted

Operator organisations

For the purposes of this Regulation, operator organisations in the olive oil and table olives sector shall comprise recognised producer organisations, recognised interbranch organisations or recognised organisations of other operators or their associations.

Amendment 254

Proposal for a regulation

Article 109 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 109 a |
| | Role of groups |
| | 1.
     
  In order to improve and stabilise the operation of the market in products which have been assigned a protected designation of origin or a protected geographical indication pursuant to Regulation (EC) No XXXXXXX on agricultural product quality schemes, producer Member States may lay down marketing rules to regulate supply, in particular by implementing decisions taken by the groups referred to in Article 42 of Regulation (EC) No XXXXXXX on agricultural product quality schemes. |
| | 2.
     
  Such rules shall be proportionate to the objective pursued and: |
| | (a) | only cover the regulation of supply and aim to bring the supply of the product into line with demand; |

Text proposed by the Commission

Amendment

Article 109 a

Role of groups

1.
     
  In order to improve and stabilise the operation of the market in products which have been assigned a protected designation of origin or a protected geographical indication pursuant to Regulation (EC) No XXXXXXX on agricultural product quality schemes, producer Member States may lay down marketing rules to regulate supply, in particular by implementing decisions taken by the groups referred to in Article 42 of Regulation (EC) No XXXXXXX on agricultural product quality schemes.

2.
     
  Such rules shall be proportionate to the objective pursued and:

(a)

only cover the regulation of supply and aim to bring the supply of the product into line with demand;

| (b) | not be made binding for more than a renewable period of five years of marketing; |
| --- | --- |

(b)

not be made binding for more than a renewable period of five years of marketing;

| (c) | shall not relate to any transaction after the first marketing of the product concerned; |
| --- | --- |

(c)

shall not relate to any transaction after the first marketing of the product concerned;

| (d) | shall not allow for price fixing, including where prices are set for guidance or by way of recommendation; |
| --- | --- |

(d)

shall not allow for price fixing, including where prices are set for guidance or by way of recommendation;

| (e) | shall not render unavailable an excessive proportion of the product concerned that would otherwise be available; |
| --- | --- |

(e)

shall not render unavailable an excessive proportion of the product concerned that would otherwise be available;

| (f) | shall not have the effect of preventing an operator from starting production of the product concerned; |
| --- | --- |

(f)

shall not have the effect of preventing an operator from starting production of the product concerned;

3.
     
  The rules referred to in paragraph 1 shall be brought to the attention of operators by being published in full in an official publication of the Member State concerned.

4.
     
  The decisions and measures taken by the Member States in year n in accordance with this Article shall be notified to the Commission before 1 March of year n+1.

5.
     
  The Commission may ask a Member State to withdraw its decision if it finds that that decision precludes competition in a substantial part of the internal market, compromises the free movement of goods or is at odds with the objectives of Article 39 of the Treaty .

Amendment 255

Proposal for a regulation

Article 110

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 110 | Article 110 |
| Extension of rules | Extension of rules |
| 1.   In cases where a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation operating in a specific economic area or economic areas of a Member State is considered to be representative of the production of or trade in or processing of a given product, the Member State concerned may, at the request of that organisation, make binding for a limited period of time some of the agreements, decisions or concerted practices agreed on within that organisation on other operators acting in the economic area or areas in question, whether individuals or groups and not belonging to the organisation or association. | 1.   In cases where a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation operating in a specific economic area or economic areas of a Member State is considered to be representative of the production of or trade in or processing of a given product, the Member State concerned may, at the request of that organisation, make binding for a limited period of time some of the agreements, decisions or concerted practices agreed on within that organisation on other operators acting in the economic area or areas in question, whether individuals or groups and not belonging to the organisation or association. |
| 2.   An ‘economic area’ shall mean a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous. | 2.   An ‘economic area’ shall mean a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous. |
| 3.   An organisation or association shall be deemed representative where, in the economic area or areas concerned of a Member State: | 3.   An organisation or association shall be deemed representative where, in the economic area or areas concerned of a Member State: |
| (a) | it accounts for, as a proportion of the volume of production or of trade in or of processing of the product or products concerned: |

Text proposed by the Commission

Amendment

Article 110

Article 110

Extension of rules

Extension of rules

1.   In cases where a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation operating in a specific economic area or economic areas of a Member State is considered to be representative of the production of or trade in or processing of a given product, the Member State concerned may, at the request of that organisation, make binding for a limited period of time some of the agreements, decisions or concerted practices agreed on within that organisation on other operators acting in the economic area or areas in question, whether individuals or groups and not belonging to the organisation or association.

1.   In cases where a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation operating in a specific economic area or economic areas of a Member State is considered to be representative of the production of or trade in or processing of a given product, the Member State concerned may, at the request of that organisation, make binding for a limited period of time some of the agreements, decisions or concerted practices agreed on within that organisation on other operators acting in the economic area or areas in question, whether individuals or groups and not belonging to the organisation or association.

2.   An ‘economic area’ shall mean a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous.

2.   An ‘economic area’ shall mean a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous.

3.   An organisation or association shall be deemed representative where, in the economic area or areas concerned of a Member State:

3.   An organisation or association shall be deemed representative where, in the economic area or areas concerned of a Member State:

(a)

it accounts for, as a proportion of the volume of production or of trade in or of processing of the product or products concerned:

| (a) | it accounts for, as a proportion of the volume of production or of trade in or of processing of the product or products concerned: |
| --- | --- |

(a)

it accounts for, as a proportion of the volume of production or of trade in or of processing of the product or products concerned:

| | (i) | for producer organisations in the fruit and vegetables sector, at least 60 %, or |
| --- | --- | --- |

(i)

for producer organisations in the fruit and vegetables sector, at least 60 %, or

| | (i) | for producer organisations in the fruit and vegetables sector, at least 60 %, or |
| --- | --- | --- |

(i)

for producer organisations in the fruit and vegetables sector, at least 60 %, or

| | (ii) | in other cases, at least two thirds, and |
| --- | --- | --- |

(ii)

in other cases, at least two thirds, and

| | (ii) | in other cases, at least two thirds, and |
| --- | --- | --- |

(ii)

in other cases, at least two thirds, and

| (b) | it accounts for, in the case of producer organisations, more than 50 % of the producers concerned. |
| --- | --- |

(b)

it accounts for, in the case of producer organisations, more than 50 % of the producers concerned.

| (b) | it accounts for, in the case of producer organisations, more than 50 % of the producers concerned
  , and |
| --- | --- |

(b)

it accounts for, in the case of producer organisations, more than 50 % of the producers concerned
  , and

| (ba) | in the case of interbranch organisations, it accounts for a significant share of the economic activities referred to in Article 108(1)(a) under the conditions laid down by the Member State. |
| --- | --- |

(ba)

in the case of interbranch organisations, it accounts for a significant share of the economic activities referred to in Article 108(1)(a) under the conditions laid down by the Member State.

Where the request for extension of its rules to other operators covers more than one economic area, the organisation or association shall demonstrate the minimum level of representativeness as defined in the first subparagraph for each of the branches it groups in each of the economic areas concerned.

Where the request for extension of its rules to other operators covers more than one economic area, the organisation or association shall demonstrate the minimum level of representativeness as defined in the first subparagraph for each of the branches it groups in each of the economic areas concerned.

4.   The rules for which extension to other operators may be requested as provided in paragraph 1 shall
  have
  one of the
  following aims:

4.   The rules for which extension to other operators may be requested as provided in paragraph 1 shall
  pertain to
  one of the
  activities meeting the objectives laid down in Article 106(c) or Article 108(1)(c).

| (a) | production and market reporting; |
| --- | --- |

(a)

production and market reporting;

| (b) | stricter production rules than those laid down in Union or national rules; |
| --- | --- |

(b)

stricter production rules than those laid down in Union or national rules;

| (c) | drawing up of standard contracts which are compatible with Union rules; |
| --- | --- |

(c)

drawing up of standard contracts which are compatible with Union rules;

| (d) | rules on marketing; |
| --- | --- |

(d)

rules on marketing;

| (e) | rules on protecting the environment; |
| --- | --- |

(e)

rules on protecting the environment;

| (f) | measures to promote and exploit the potential of products; |
| --- | --- |

(f)

measures to promote and exploit the potential of products;

| (g) | measures to protect organic farming as well as designations of origin, quality labels and geographical indications; |
| --- | --- |

(g)

measures to protect organic farming as well as designations of origin, quality labels and geographical indications;

| (h) | research to add value to the products, in particular through new uses which do not pose a threat to public health; |
| --- | --- |

(h)

research to add value to the products, in particular through new uses which do not pose a threat to public health;

| | (i) | studies to improve the quality of products; |
| --- | --- | --- |

(i)

studies to improve the quality of products;

| (j) | research, in particular into methods of cultivation permitting reduced use of plant protection or animal health products and guaranteeing conservation of the soil and the environment; |
| --- | --- |

(j)

research, in particular into methods of cultivation permitting reduced use of plant protection or animal health products and guaranteeing conservation of the soil and the environment;

| (k) | definition of minimum qualities and definition of minimum standards of packing and presentation; |
| --- | --- |

(k)

definition of minimum qualities and definition of minimum standards of packing and presentation;

| (l) | use of certified seed and monitoring of product quality. |
| --- | --- |

(l)

use of certified seed and monitoring of product quality.

Those rules shall not cause any damage to other operators in the Member State concerned or the Union and shall not have any of the effects listed in Article 145(4) or be otherwise incompatible with Union or national rules in force.

Those rules shall not cause any damage to other operators in the Member State concerned or the Union and shall not have any of the effects listed in Article 145(4) or be otherwise incompatible with Union or national rules in force.

4a.
     
  Where an interbranch organisation that has been recognised for one or more products exists, Member States shall not extend decisions and practices of the producer organisations falling under the scope of the said interbranch organisation.

4b.
     
  The extension of the rules referred to in paragraph 1 shall be brought to the attention of operators by publication in extenso in an official publication of the Member State concerned.

4c.
     
  Member States shall inform the Commission each year, by 31 March at the latest, of any decisions taken under this Article.

Amendment 256

Proposal for a regulation

Article 111

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 111 | Article 111 |
| Financial contributions of non-members | Financial contributions of non-members |
| Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 110 and the activities covered by those rules are in the general economic interest of
  persons
  whose activities relate to the products concerned, the Member State which has granted recognition may decide that
  individuals
  or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs
  directly incurred as a result
  of pursuing the activities in question. | Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 110 and the activities covered by those rules are in the general economic interest of
  economic operators
  whose activities relate to the products concerned, the Member State which has granted recognition may decide
  , after consultation of all the relevant stakeholders,
  that
  individual economic operators
  or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs of pursuing the activities in question. |

Text proposed by the Commission

Amendment

Article 111

Article 111

Financial contributions of non-members

Financial contributions of non-members

Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 110 and the activities covered by those rules are in the general economic interest of
  persons
  whose activities relate to the products concerned, the Member State which has granted recognition may decide that
  individuals
  or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs
  directly incurred as a result
  of pursuing the activities in question.

Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 110 and the activities covered by those rules are in the general economic interest of
  economic operators
  whose activities relate to the products concerned, the Member State which has granted recognition may decide
  , after consultation of all the relevant stakeholders,
  that
  individual economic operators
  or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs of pursuing the activities in question.

Amendment 257

Proposal for a regulation

Article 112

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 112 | Article 112 |
| Measures to facilitate the adjustment of supply to market requirements | Measures to facilitate the adjustment of supply to market requirements |
| Taking into account the need to encourage action by the organisations referred to in Articles 106 to 108 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning the
  live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat
  sectors on measures: | Taking into account the need to encourage action by the organisations referred to in Articles 106 to 108 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning the sectors
  listed in Article 1(2),
  on measures: |
| (a) | to improve quality; |

Text proposed by the Commission

Amendment

Article 112

Article 112

Measures to facilitate the adjustment of supply to market requirements

Measures to facilitate the adjustment of supply to market requirements

Taking into account the need to encourage action by the organisations referred to in Articles 106 to 108 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning the
  live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat
  sectors on measures:

Taking into account the need to encourage action by the organisations referred to in Articles 106 to 108 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning the sectors
  listed in Article 1(2),
  on measures:

(a)

to improve quality;

| (a) | to improve quality; |
| --- | --- |

(a)

to improve quality;

| (b) | to promote better organisation of production, processing and marketing; |
| --- | --- |

(b)

to promote better organisation of production, processing and marketing;

| (b) | to promote better organisation of production, processing and marketing; |
| --- | --- |

(b)

to promote better organisation of production, processing and marketing;

| (c) | to facilitate the recording of market price trends; |
| --- | --- |

(c)

to facilitate the recording of market price trends;

| (c) | to facilitate the recording of market price trends; |
| --- | --- |

(c)

to facilitate the recording of market price trends;

| (d) | to permit the establishment of short and long-term forecasts on the basis of the means of production used. |
| --- | --- |

(d)

to permit the establishment of short and long-term forecasts on the basis of the means of production used.

| (d) | to permit the establishment of short and long-term forecasts on the basis of the means of production used. |
| --- | --- |

(d)

to permit the establishment of short and long-term forecasts on the basis of the means of production used.

Amendment 258

Proposal for a regulation

Article 113

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 113 | Article 113 |
| Marketing rules to improve and stabilise the operation of the common market in wines | Marketing rules to improve and stabilise the operation of the common market in wines |
| 1.   In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by the interbranch organisations recognised under Article 108. | 1.   In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by the interbranch organisations recognised under Article 108. |
| Such rules shall be proportionate to the objective pursued and shall not: | Such rules shall be proportionate to the objective pursued and shall not: |
| (a) | relate to any transaction after the first marketing of the produce concerned; |

Text proposed by the Commission

Amendment

Article 113

Article 113

Marketing rules to improve and stabilise the operation of the common market in wines

Marketing rules to improve and stabilise the operation of the common market in wines

1.   In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by the interbranch organisations recognised under Article 108.

1.   In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by the interbranch organisations recognised under Article 108.

Such rules shall be proportionate to the objective pursued and shall not:

Such rules shall be proportionate to the objective pursued and shall not:

(a)

relate to any transaction after the first marketing of the produce concerned;

| (a) | relate to any transaction after the first marketing of the produce concerned; |
| --- | --- |

(a)

relate to any transaction after the first marketing of the produce concerned;

| (b) | allow for price fixing, including where prices are set for guidance or recommendation; |
| --- | --- |

(b)

allow for price fixing, including where prices are set for guidance or recommendation;

| (b) | allow for price fixing, including where prices are set for guidance or recommendation; |
| --- | --- |

(b)

allow for price fixing, including where prices are set for guidance or recommendation;

| (c) | render unavailable an excessive proportion of the vintage that would otherwise be available; |
| --- | --- |

(c)

render unavailable an excessive proportion of the vintage that would otherwise be available;

| (c) | render unavailable an excessive proportion of the vintage that would otherwise be available; |
| --- | --- |

(c)

render unavailable an excessive proportion of the vintage that would otherwise be available;

| (d) | provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules. |
| --- | --- |

(d)

provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules.

| (d) | provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules. |
| --- | --- |

(d)

provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules.

1a.
     
  The rules provided for in paragraph 1 shall be brought to the attention of operators by publication in full in an official publication of the Member State concerned.

1b.
     
  Member States shall inform the Commission each year, by 31 March at the latest, of any decisions taken under this Article.

Amendment 259

Proposal for a regulation

Part II — Title II — Chapter III — Section 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | |
| | Article 113a |
| | Contractual Relations |
| | 1.
     
  Without prejudice to Articles 104a and 105a concerning the milk and milk products sector and Article 101 concerning the sugar sector, if a Member State decides that every delivery in its territory of agricultural products from a sector listed in Article 1(2) of this Regulation, by a producer to a processor or distributor must be covered by a written contract between the parties and/or decides that the first purchasers must make a written offer for a contract for the delivery of agricultural products by the producer, such a contract and/or such an offer for a contract shall fulfil the conditions laid down in paragraph 2. |
| | Where the Member State decides that deliveries of the products concerned by a producer to a processor must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if delivery of the products concerned is made through one or more intermediaries. |
| | In the case described in subparagraph 2, the Member State shall ensure that contracts in the sectors in question are fulfilled and shall establish a mediation mechanism to cover cases in which no such contract can be concluded by mutual agreement, thereby ensuring fair contractual relations. |
| | 2.
     
  The contract and/or the offer for a contract shall: |
| | (a) | be made in advance of the delivery, |

Text proposed by the Commission

Amendment

Article 113a

Contractual Relations

1.
     
  Without prejudice to Articles 104a and 105a concerning the milk and milk products sector and Article 101 concerning the sugar sector, if a Member State decides that every delivery in its territory of agricultural products from a sector listed in Article 1(2) of this Regulation, by a producer to a processor or distributor must be covered by a written contract between the parties and/or decides that the first purchasers must make a written offer for a contract for the delivery of agricultural products by the producer, such a contract and/or such an offer for a contract shall fulfil the conditions laid down in paragraph 2.

Where the Member State decides that deliveries of the products concerned by a producer to a processor must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if delivery of the products concerned is made through one or more intermediaries.

In the case described in subparagraph 2, the Member State shall ensure that contracts in the sectors in question are fulfilled and shall establish a mediation mechanism to cover cases in which no such contract can be concluded by mutual agreement, thereby ensuring fair contractual relations.

2.
     
  The contract and/or the offer for a contract shall:

(a)

be made in advance of the delivery,

| (b) | be made in writing, and |
| --- | --- |

(b)

be made in writing, and

| (c) | include, in particular, the following elements: |
| --- | --- |

(c)

include, in particular, the following elements:

| | (i) | the price payable for the delivery, which shall: |
| --- | --- | --- |

(i)

the price payable for the delivery, which shall:

| | | — | be static and be set out in the contract, and/or |
| --- | --- | --- | --- |

—

be static and be set out in the contract, and/or

| | | — | be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered, |
| --- | --- | --- | --- |

—

be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered,

| | (ii) | the quantity and quality of the products concerned which may and/or must be delivered and the timing of such deliveries, |
| --- | --- | --- |

(ii)

the quantity and quality of the products concerned which may and/or must be delivered and the timing of such deliveries,

| | (iii) | the duration of the contract, which may include either a definite or an indefinite duration with termination clauses, |
| --- | --- | --- |

(iii)

the duration of the contract, which may include either a definite or an indefinite duration with termination clauses,

| | (iv) | details regarding payment periods and procedures, |
| --- | --- | --- |

(iv)

details regarding payment periods and procedures,

| | (v) | arrangements for collecting or delivering the agricultural products, and |
| --- | --- | --- |

(v)

arrangements for collecting or delivering the agricultural products, and

| | (vi) | rules applicable in the event of force majeure. |
| --- | --- | --- |

(vi)

rules applicable in the event of force majeure.

3.
     
  By way of derogation from paragraph 1, a contract and/or an offer for a contract shall not be required where the products concerned are delivered by a producer to a purchaser being a cooperative of which the producer is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2.

4.
     
  All elements of contracts for the delivery of agricultural products concluded by producers, collectors, processors or distributors, including those elements referred to in paragraph 2(c), shall be freely negotiated between the parties.

Notwithstanding the first subparagraph,

| (i) | where a Member State decides to make written contracts for the delivery of agricultural products compulsory in accordance with paragraph 1 of this Article, it may establish a minimum duration, applicable only to written contracts between a producer and the first purchaser of the agricultural products. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market; and/or |
| --- | --- |

(i)

where a Member State decides to make written contracts for the delivery of agricultural products compulsory in accordance with paragraph 1 of this Article, it may establish a minimum duration, applicable only to written contracts between a producer and the first purchaser of the agricultural products. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market; and/or

| (ii) | where a Member State decides that the first purchaser of agricultural products must make the producer a written offer for a contract in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market. |
| --- | --- |

(ii)

where a Member State decides that the first purchaser of agricultural products must make the producer a written offer for a contract in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market.

The second subparagraph shall be without prejudice to the producer’s right to refuse such a minimum duration provided that he does so in writing. In this case, the parties shall be free to negotiate all elements of the contract, including those elements referred to in paragraph 2(c).

5.
     
  Member States which make use of the options referred to in this Article shall notify the Commission of how they are applied.

6.
     
  The Commission may adopt implementing acts laying down measures necessary for the uniform application of paragraph 2(a) and (b) and paragraph 3 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 260

Proposal for a regulation

Article 113 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 113b |
| | Contractual negotiations |
| | 1.
     
  A producer organisation for one of the sectors listed in Article 1(2)of this Regulation, recognised under Article 106, may negotiate on behalf of its producer members, in respect of part or all of their joint production, contracts for the delivery of agricultural products by a producer to a processor, an intermediary or a distributor. |
| | 2.
     
  The negotiations by the producer organisation may take place: |
| | (a) | whether or not there is a transfer of ownership of the products concerned by the producers to the producer organisation, |

Text proposed by the Commission

Amendment

Article 113b

Contractual negotiations

1.
     
  A producer organisation for one of the sectors listed in Article 1(2)of this Regulation, recognised under Article 106, may negotiate on behalf of its producer members, in respect of part or all of their joint production, contracts for the delivery of agricultural products by a producer to a processor, an intermediary or a distributor.

2.
     
  The negotiations by the producer organisation may take place:

(a)

whether or not there is a transfer of ownership of the products concerned by the producers to the producer organisation,

| (b) | whether or not the price negotiated is the same for the joint production of all of the producer members or only of some of them, |
| --- | --- |

(b)

whether or not the price negotiated is the same for the joint production of all of the producer members or only of some of them,

| (c) | provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where producers hold two distinct production units located in different geographic areas; |
| --- | --- |

(c)

provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where producers hold two distinct production units located in different geographic areas;

| (d) | provided that the products in question are not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and |
| --- | --- |

(d)

provided that the products in question are not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and

| (e) | provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates of the quantities of the agricultural products covered by such negotiations. |
| --- | --- |

(e)

provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates of the quantities of the agricultural products covered by such negotiations.

3.
     
  For the purposes of this Article, references to producer organisations shall also include associations of such producer organisations.

4.
     
  For negotiations covering more than one Member State, a decision on the negotiations shall be taken by the Commission, by means of an implementing act adopted without the application of Article 162(2) or (3). In other cases, that decision shall be taken by the national competition authority of the Member State to which the negotiations relate.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

Amendment 261

Proposal for a regulation

Article 114

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 114 | Article 114 |
| Delegated powers | Delegated powers |
| Taking into account the need to ensure that the objectives and responsibilities of producer organisations
  , operator organisations in the olive oil and table olives sector
  and interbranch organisations are clearly defined so as to contribute to the effectiveness of the actions of such organisations, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 regarding producer organisations, associations of producer organisations, interbranch organisations and operator organisations on the following: | Taking into account the need to ensure that the objectives and responsibilities of producer organisations and interbranch organisations are clearly defined so as to contribute to the effectiveness of the actions of such organisations,
  without imposing an undue burden,
  the Commission shall be empowered to adopt delegated acts in accordance with Article 160 regarding producer organisations, associations of producer organisations, interbranch organisations and operator organisations on the following: |
| | (-a) | the specific rules applicable in one or more of the sectors listed in Article 1(2) of this Regulation; |

Text proposed by the Commission

Amendment

Article 114

Article 114

Delegated powers

Delegated powers

Taking into account the need to ensure that the objectives and responsibilities of producer organisations
  , operator organisations in the olive oil and table olives sector
  and interbranch organisations are clearly defined so as to contribute to the effectiveness of the actions of such organisations, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 regarding producer organisations, associations of producer organisations, interbranch organisations and operator organisations on the following:

Taking into account the need to ensure that the objectives and responsibilities of producer organisations and interbranch organisations are clearly defined so as to contribute to the effectiveness of the actions of such organisations,
  without imposing an undue burden,
  the Commission shall be empowered to adopt delegated acts in accordance with Article 160 regarding producer organisations, associations of producer organisations, interbranch organisations and operator organisations on the following:

(-a)

the specific rules applicable in one or more of the sectors listed in Article 1(2) of this Regulation;

| (a) | the specific aims which may, shall or shall not be pursued by such organisations and associations,
  including derogations from
  those laid down in Articles 106 to 109, |
| --- | --- |

(a)

the specific aims which may, shall or shall not be pursued by such organisations and associations,
  including derogations from
  those laid down in Articles 106 to 109,

| (a) | the specific aims which may, shall or shall not be pursued by such organisations and associations,
  and where applicable added to
  those laid down in Articles 106 to 109, |
| --- | --- |

(a)

the specific aims which may, shall or shall not be pursued by such organisations and associations,
  and where applicable added to
  those laid down in Articles 106 to 109,

| (aa) | horizontal recommendations for interprofessional agreements concluded by the organisations pursuant to Article 108; |
| --- | --- |

(aa)

horizontal recommendations for interprofessional agreements concluded by the organisations pursuant to Article 108;

| (b) | the
  rules of association, the recognition,
  structure, legal personality, membership, size, accountability and activities of such organisations and associations,
  the requirement referred to in point (d) of Article 106 for recognition of a producer organisation that it does not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty,
  the effects deriving from
  recognition, the withdrawal of recognition, and
  mergers; |
| --- | --- |

(b)

the
  rules of association, the recognition,
  structure, legal personality, membership, size, accountability and activities of such organisations and associations,
  the requirement referred to in point (d) of Article 106 for recognition of a producer organisation that it does not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty,
  the effects deriving from
  recognition, the withdrawal of recognition, and
  mergers;

| (b) | the statutes of organisations other than producer organisations, the specific conditions applicable to the statutes of producer organisations in certain sectors
  , the structure, legal personality, membership, size, accountability and activities of such organisations and associations, the effects deriving from mergers; |
| --- | --- |

(b)

the statutes of organisations other than producer organisations, the specific conditions applicable to the statutes of producer organisations in certain sectors
  , the structure, legal personality, membership, size, accountability and activities of such organisations and associations, the effects deriving from mergers;

| (ba) | the conditions for recognition, withdrawal and suspension of recognition, the effects deriving from recognition, withdrawal and suspension of recognition as well as requirements for such organisations and associations to take remedial measures in the event of non-respect of the recognition criteria; |
| --- | --- |

(ba)

the conditions for recognition, withdrawal and suspension of recognition, the effects deriving from recognition, withdrawal and suspension of recognition as well as requirements for such organisations and associations to take remedial measures in the event of non-respect of the recognition criteria;

| (c) | transnational organisations and associations including the rules referred to in points (a)
  and
  (b) of this Article; |
| --- | --- |

(c)

transnational organisations and associations including the rules referred to in points (a)
  and
  (b) of this Article;

| (c) | transnational organisations and associations including the rules referred to in points (a), (b)
  and (ba)
  of this Article; |
| --- | --- |

(c)

transnational organisations and associations including the rules referred to in points (a), (b)
  and (ba)
  of this Article;

| (ca) | rules relating to the establishment and the conditions of administrative assistance to be given by the relevant competent authorities in the case of transnational cooperation; |
| --- | --- |

(ca)

rules relating to the establishment and the conditions of administrative assistance to be given by the relevant competent authorities in the case of transnational cooperation;

| (d) | outsourcing of activities and the provision of technical means by organisations or associations; |
| --- | --- |

(d)

outsourcing of activities and the provision of technical means by organisations or associations;

| (d) | conditions for
  outsourcing of activities and the provision of technical means by organisations or associations; |
| --- | --- |

(d)

conditions for
  outsourcing of activities and the provision of technical means by organisations or associations;

| (e) | the minimum volume or value of marketable production of organisations and associations; |
| --- | --- |

(e)

the minimum volume or value of marketable production of organisations and associations;

| (e) | the minimum volume or value of marketable production of organisations and associations; |
| --- | --- |

(e)

the minimum volume or value of marketable production of organisations and associations;

| (f) | the extension of certain rules of the organisations provided for in Article 110 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 111,
  including a list of the stricter production rules which may be extended under point (b) of the first subparagraph of Article 110(4),
  further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules shall apply before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions shall be refused or withdrawn. |
| --- | --- |

(f)

the extension of certain rules of the organisations provided for in Article 110 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 111,
  including a list of the stricter production rules which may be extended under point (b) of the first subparagraph of Article 110(4),
  further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules shall apply before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions shall be refused or withdrawn.

| (f) | the extension of certain rules of the organisations provided for in Article 110 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 111, further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules shall apply before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require
  , for a specific period,
  that the extension of rules or compulsory contributions shall be refused or withdrawn; |
| --- | --- |

(f)

the extension of certain rules of the organisations provided for in Article 110 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 111, further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules shall apply before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require
  , for a specific period,
  that the extension of rules or compulsory contributions shall be refused or withdrawn;

| (fa) | the specific conditions for implementing contractual systems in the sectors referred to in Article 113a(1), in particular the thresholds laying down production volumes to which collective negotiations might apply; |
| --- | --- |

(fa)

the specific conditions for implementing contractual systems in the sectors referred to in Article 113a(1), in particular the thresholds laying down production volumes to which collective negotiations might apply;

| (fb) | the conditions under which recognised producers may achieve collective horizontal and vertical agreements with competitors and food chain partners on including in prices the costs of investments in sustainable production. |
| --- | --- |

(fb)

the conditions under which recognised producers may achieve collective horizontal and vertical agreements with competitors and food chain partners on including in prices the costs of investments in sustainable production.

Amendment 262

Proposal for a regulation

Article 115

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 115 | Article 115 |
| Implementing powers in accordance with the examination procedure | Implementing powers in accordance with the examination procedure |
| The Commission may, by means of implementing acts, adopt the necessary measures concerning this Chapter, in particular
  on the
  procedures and technical conditions as regards the implementation of the measures referred to in Articles 110 and 112. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). | The Commission may, by means of implementing acts, adopt the necessary measures concerning this Chapter, in particular
  measures concerning: |
| | (a) | implementation of the conditions for recognition of producer organisations and interbranch organisations set out in Articles 106b and 108a; |

Text proposed by the Commission

Amendment

Article 115

Article 115

Implementing powers in accordance with the examination procedure

Implementing powers in accordance with the examination procedure

The Commission may, by means of implementing acts, adopt the necessary measures concerning this Chapter, in particular
  on the
  procedures and technical conditions as regards the implementation of the measures referred to in Articles 110 and 112. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

The Commission may, by means of implementing acts, adopt the necessary measures concerning this Chapter, in particular
  measures concerning:

(a)

implementation of the conditions for recognition of producer organisations and interbranch organisations set out in Articles 106b and 108a;

| (b) | notifications to be made by the Member States to the Commission in accordance with Article 105a(8), 105b(7), Article 106b(4)(d) and Article 108a(4)(e); |
| --- | --- |

(b)

notifications to be made by the Member States to the Commission in accordance with Article 105a(8), 105b(7), Article 106b(4)(d) and Article 108a(4)(e);

| (c) | procedures relating to administrative assistance in the case of transnational cooperation; |
| --- | --- |

(c)

procedures relating to administrative assistance in the case of transnational cooperation;

| (d) | procedures and technical conditions as regards the implementation of the measures referred to in Articles 110 and 112,
  in particular the implementation of the concept of ‘economic area’ as referred to in Article 110 (2). |
| --- | --- |

(d)

procedures and technical conditions as regards the implementation of the measures referred to in Articles 110 and 112,
  in particular the implementation of the concept of ‘economic area’ as referred to in Article 110 (2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 263

Proposal for a regulation

Article 116

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 116 | Article 116 |
| Other implementing powers | Other implementing powers |
| The Commission may, by means of implementing acts, adopt individual decisions regarding: | 1.
     The Commission may, by means of implementing acts, adopt individual decisions regarding |
| (a) | the recognition of organisations carrying out activities in more than one Member State, pursuant to the rules adopted under Article 114(c); |

Text proposed by the Commission

Amendment

Article 116

Article 116

Other implementing powers

Other implementing powers

The Commission may, by means of implementing acts, adopt individual decisions regarding:

1.
     The Commission may, by means of implementing acts, adopt individual decisions regarding

(a)

the recognition of organisations carrying out activities in more than one Member State, pursuant to the rules adopted under Article 114(c);

| (a) | the recognition
  , the refusal or the repeal of recognition
  of organisations carrying out activities in more than one Member State, pursuant to the rules adopted under Article 114(c); |
| --- | --- |

(a)

the recognition
  , the refusal or the repeal of recognition
  of organisations carrying out activities in more than one Member State, pursuant to the rules adopted under Article 114(c);

| (b) | the refusal of or repeal of recognition of interbranch organisations, repeal of
  the extension of rules or compulsory contributions
  , approval of, or decisions on the amendment of economic areas notified by Member States pursuant to the rules adopted under Article 114(f). |
| --- | --- |

(b)

the refusal of or repeal of recognition of interbranch organisations, repeal of
  the extension of rules or compulsory contributions
  , approval of, or decisions on the amendment of economic areas notified by Member States pursuant to the rules adopted under Article 114(f).

| (b) | the extension of rules or compulsory contributions
  of the organisations referred to in point (a) and their repeal. |
| --- | --- |

(b)

the extension of rules or compulsory contributions
  of the organisations referred to in point (a) and their repeal.

1a.
     
  The Commission may adopt implementing acts, containing its decision concerning the approval or modification of the economic areas notified by Member States in application of the rules adopted in accordance with Article 114(f).

Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3).

Amendment 264

Proposal for a regulation

Part II — Title II — Chapter III — Section 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | |
| | Article 116 a |
| | European Food Price Monitoring Tool |
| | 1.
     
  In order to provide businesses and all public authorities with information concerning price formation throughout the food supply chain, and to facilitate the observation and recording of market trends, the Commission shall report regularly to the European Parliament and to the Council on the activities of the European Food Price Monitoring Tool and the results of the latter’s studies, and shall ensure that these results are made public. |
| | 2.
     
  With a view to the application of paragraph 1, and in conjunction with the work of the national statistical institutes and national price observatories, the European Food Price Monitoring Tool shall, without creating additional burdens for farmers, gather the statistical data and information needed to produce analyses and studies in particular on: |
| | (a) | production and supply; |

Text proposed by the Commission

Amendment

Article 116 a

European Food Price Monitoring Tool

1.
     
  In order to provide businesses and all public authorities with information concerning price formation throughout the food supply chain, and to facilitate the observation and recording of market trends, the Commission shall report regularly to the European Parliament and to the Council on the activities of the European Food Price Monitoring Tool and the results of the latter’s studies, and shall ensure that these results are made public.

2.
     
  With a view to the application of paragraph 1, and in conjunction with the work of the national statistical institutes and national price observatories, the European Food Price Monitoring Tool shall, without creating additional burdens for farmers, gather the statistical data and information needed to produce analyses and studies in particular on:

(a)

production and supply;

| (b) | price formation mechanisms and, as far as possible, profit margins throughout the food supply chain in the Union and the Member States; |
| --- | --- |

(b)

price formation mechanisms and, as far as possible, profit margins throughout the food supply chain in the Union and the Member States;

| (c) | price trends and, as far as possible, profit margins at all levels of the food supply chain in the Union and the Member States and in all agricultural and agri-foodstuff sectors, particularly fruit and vegetables, milk and milk products and meat; |
| --- | --- |

(c)

price trends and, as far as possible, profit margins at all levels of the food supply chain in the Union and the Member States and in all agricultural and agri-foodstuff sectors, particularly fruit and vegetables, milk and milk products and meat;

| (d) | short- and medium-term market forecasts. |
| --- | --- |

(d)

short- and medium-term market forecasts.

For the purposes of this paragraph, the European Food Price Monitoring Tool shall study in particular exports and imports, farm gate prices, consumer prices, profit margins, costs of production, processing and distribution at all stages of the food supply chain in the Union and the Member States.

3.
     
  The information made public through the activities of the European Food Price Monitoring Tool shall be treated with confidentiality. The Commission shall ensure that it does not enable individual operators to be identified.

Amendment 265

Proposal for a regulation

Article 117 — paragraph 1 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The following products shall be subject to a licensing requirement: cereals, rice, sugar, flax, hemp, seeds, live plants, olive oil, fruit and vegetables, processed fruit and vegetables, bananas, beef and veal, pigmeat, sheepmeat and goatmeat, poultrymeat, eggs, milk and milk products, wine, agricultural ethyl alcohol. |

Text proposed by the Commission

Amendment

The following products shall be subject to a licensing requirement: cereals, rice, sugar, flax, hemp, seeds, live plants, olive oil, fruit and vegetables, processed fruit and vegetables, bananas, beef and veal, pigmeat, sheepmeat and goatmeat, poultrymeat, eggs, milk and milk products, wine, agricultural ethyl alcohol.

Amendment 350

Proposal for a regulation

Article 117 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Products imported by the Union shall meet the same production and marketing requirements — notably in terms of food safety and environmental, social and animal welfare standards — as those produced within the Union, and may only be awarded the relevant import licences if they fulfil those conditions. |

Text proposed by the Commission

Amendment

2a.
     
  Products imported by the Union shall meet the same production and marketing requirements — notably in terms of food safety and environmental, social and animal welfare standards — as those produced within the Union, and may only be awarded the relevant import licences if they fulfil those conditions.

Amendment 267

Proposal for a regulation

Article 118 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Taking into account the
  evolution of trade and market developments, the needs of the markets concerned and the monitoring of
  imports
  and exports
  of
  the
  products
  concerned
  , the Commission shall be empowered to adopt in accordance with Article 160 delegated acts, to determine: | 1.   Taking into account the
  need to monitor
  imports of products
  , the need for sound market management and the need to reduce the administrative burden
  , the Commission shall be empowered to adopt in accordance with Article 160 delegated acts, to determine: |

Text proposed by the Commission

Amendment

1.   Taking into account the
  evolution of trade and market developments, the needs of the markets concerned and the monitoring of
  imports
  and exports
  of
  the
  products
  concerned
  , the Commission shall be empowered to adopt in accordance with Article 160 delegated acts, to determine:

1.   Taking into account the
  need to monitor
  imports of products
  , the need for sound market management and the need to reduce the administrative burden
  , the Commission shall be empowered to adopt in accordance with Article 160 delegated acts, to determine:

Amendment 268

Proposal for a regulation

Article 118 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| a) | the list of agricultural products subject to the presentation of an import or export licence; |

Text proposed by the Commission

Amendment

a)

the list of agricultural products subject to the presentation of an import or export licence;

| (a) | modify and supplement
  the list of agricultural products subject to the presentation of an import or export licence; |
| --- | --- |

(a)

modify and supplement
  the list of agricultural products subject to the presentation of an import or export licence;

Amendment 269

Proposal for a regulation

Article 118 — paragraph 2 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Taking into account the need to
  define the main elements of
  the licence system, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to: | 2.   Taking into account the need to
  clarify the rules concerning
  the licence system, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to: |

Text proposed by the Commission

Amendment

2.   Taking into account the need to
  define the main elements of
  the licence system, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to:

2.   Taking into account the need to
  clarify the rules concerning
  the licence system, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to:

Amendment 270

Proposal for a regulation

Article 119 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall, by means of implementing acts, adopt necessary measures concerning this
  Section
  , including rules on: | The Commission shall, by means of implementing acts, adopt necessary measures concerning this
  Chapter
  , including rules on: |

Text proposed by the Commission

Amendment

The Commission shall, by means of implementing acts, adopt necessary measures concerning this
  Section
  , including rules on:

The Commission shall, by means of implementing acts, adopt necessary measures concerning this
  Chapter
  , including rules on:

Amendment 271

Proposal for a regulation

Article 120 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3). |

Text proposed by the Commission

Amendment

Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3).

Amendment 272

Proposal for a regulation

Article 120 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 120a |
| | Import duties |
| | Save as otherwise provided for pursuant to this Regulation, the rates of import duty in the Common Customs Tariff shall apply to the products referred to in Article 1. |

Text proposed by the Commission

Amendment

Article 120a

Import duties

Save as otherwise provided for pursuant to this Regulation, the rates of import duty in the Common Customs Tariff shall apply to the products referred to in Article 1.

Amendment 273

Proposal for a regulation

Article 121 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Implementation of international agreements | Implementation of international
  and other
  agreements |

Text proposed by the Commission

Amendment

Implementation of international agreements

Implementation of international
  and other
  agreements

Amendment 274

Proposal for a regulation

Article 121

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall, by means of implementing acts, adopt measures to implement international agreements concluded under Article 218 of the Treaty or
  any other act adopted in accordance with Article 43(2) of the Treaty
  or the Common Customs Tariff as regards the
  calculation of
  import duties for agricultural products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2); | The Commission shall, by means of implementing acts, adopt measures to implement international agreements concluded under Article 218 of the Treaty or
  under
  the Common Customs Tariff as regards the
  method for calculating
  import duties for agricultural products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2); |

Text proposed by the Commission

Amendment

The Commission shall, by means of implementing acts, adopt measures to implement international agreements concluded under Article 218 of the Treaty or
  any other act adopted in accordance with Article 43(2) of the Treaty
  or the Common Customs Tariff as regards the
  calculation of
  import duties for agricultural products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2);

The Commission shall, by means of implementing acts, adopt measures to implement international agreements concluded under Article 218 of the Treaty or
  under
  the Common Customs Tariff as regards the
  method for calculating
  import duties for agricultural products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2);

Amendment 275

Proposal for a regulation

Article 121 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 121a |
| | Calculation of import duties for cereals |
| | 1.
     
  Notwithstanding Article 121, the import duty on products covered by CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00 00, 1005 10 90, 1005 90 00 and 1007 00 90 other than hybrid for sowing, shall be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the conventional rate of duty as determined on the basis of the combined nomenclature. |
| | 2.
     
  The Commission shall adopt implementing acts containing its calculation of the import duty referred to in paragraph 1. The Commission shall make such calculation on the basis of the representative cif import prices of the products indicated in paragraph 1, which are determined periodically. |
| | 3.
     
  The Commission shall adopt delegated acts, in accordance with Article 160, establishing the minimum requirements for high-quality common wheat. |
| | 4.
     
  The Commission shall adopt implementing acts, laying down the following: |
| | (i) | the price quotations to be taken into consideration, |

Text proposed by the Commission

Amendment

Article 121a

Calculation of import duties for cereals

1.
     
  Notwithstanding Article 121, the import duty on products covered by CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00 00, 1005 10 90, 1005 90 00 and 1007 00 90 other than hybrid for sowing, shall be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the conventional rate of duty as determined on the basis of the combined nomenclature.

2.
     
  The Commission shall adopt implementing acts containing its calculation of the import duty referred to in paragraph 1. The Commission shall make such calculation on the basis of the representative cif import prices of the products indicated in paragraph 1, which are determined periodically.

3.
     
  The Commission shall adopt delegated acts, in accordance with Article 160, establishing the minimum requirements for high-quality common wheat.

4.
     
  The Commission shall adopt implementing acts, laying down the following:

(i)

the price quotations to be taken into consideration,

| (ii) | the possibility, where appropriate in specific cases, of giving operators the opportunity to know the duty applicable before the arrival of the consignments concerned. |
| --- | --- |

(ii)

the possibility, where appropriate in specific cases, of giving operators the opportunity to know the duty applicable before the arrival of the consignments concerned.

5.
     
  The implementing acts referred to in paragraphs 2 and 4 shall be adopted without the application of the procedure in Article 162(2) or (3).

Amendment 276

Proposal for a regulation

Article 121 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 121b |
| | Calculation of import duties for husked rice |
| | 1.
     
  Notwithstanding Article 121, the import duty on husked rice falling within CN code 1006 20 shall be fixed by the Commission, by means of implementing acts, within ten days of the end of the reference period concerned in accordance with point 1 of Annex VIIB. |
| | The Commission shall adopt implementing acts, fixing the new applicable rate if the calculations made pursuant to the annex require it to be changed. Those implementing acts shall be adopted without the application of the procedure in Article 162(2) or (3). Until such time as a new applicable rate is fixed, the duty previously fixed shall apply. |
| | 2.
     
  In order to calculate the imports referred to in point 1 of Annex VII, account shall be taken of the quantities for which import licences for husked rice falling within CN code 1006 20 were issued in the corresponding reference period, excluding the import licences for Basmati rice referred to in Article 121(c). |
| | 3.
     
  The annual reference quantity shall be 449 678 tonnes. The partial reference quantity for each marketing year shall correspond to half the annual reference quantity. |

Text proposed by the Commission

Amendment

Article 121b

Calculation of import duties for husked rice

1.
     
  Notwithstanding Article 121, the import duty on husked rice falling within CN code 1006 20 shall be fixed by the Commission, by means of implementing acts, within ten days of the end of the reference period concerned in accordance with point 1 of Annex VIIB.

The Commission shall adopt implementing acts, fixing the new applicable rate if the calculations made pursuant to the annex require it to be changed. Those implementing acts shall be adopted without the application of the procedure in Article 162(2) or (3). Until such time as a new applicable rate is fixed, the duty previously fixed shall apply.

2.
     
  In order to calculate the imports referred to in point 1 of Annex VII, account shall be taken of the quantities for which import licences for husked rice falling within CN code 1006 20 were issued in the corresponding reference period, excluding the import licences for Basmati rice referred to in Article 121(c).

3.
     
  The annual reference quantity shall be 449 678 tonnes. The partial reference quantity for each marketing year shall correspond to half the annual reference quantity.

Amendment 277

Proposal for a regulation

Article 121 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 121c |
| | Calculation of import duties for husked Basmati rice |
| | Notwithstanding Article 121, the husked Basmati rice varieties falling within CN codes 1006 20 17 and 1006 20 98 listed in Annex VIIc shall qualify for a zero rate of import duty. The Commission shall adopt implementing acts fixing the conditions for the application of that zero rate. Those implementing acts shall be adopted without the application of the procedure in Article 162(2) or (3). |

Text proposed by the Commission

Amendment

Article 121c

Calculation of import duties for husked Basmati rice

Notwithstanding Article 121, the husked Basmati rice varieties falling within CN codes 1006 20 17 and 1006 20 98 listed in Annex VIIc shall qualify for a zero rate of import duty. The Commission shall adopt implementing acts fixing the conditions for the application of that zero rate. Those implementing acts shall be adopted without the application of the procedure in Article 162(2) or (3).

Amendment 278

Proposal for a regulation

Article 121 d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 121d |
| | Calculation of import duties for milled rice |
| | 1.
     
  Notwithstanding Article 121, the Commission shall adopt implementing acts, fixing the import duty for semi-milled or wholly milled rice falling within CN code 1006 30, within ten days after the end of the reference period concerned in accordance with point 2 of Annex VIIb. Those implementing acts shall be adopted without the application of the procedure in Article 162(2) or (3). |
| | The Commission shall adopt implementing acts, fixing the new applicable rate if the calculations made pursuant to the annex require it to be changed. Until such time as a new applicable rate is fixed, the duty previously fixed shall apply.Those implementing acts shall be adopted without the application of the procedure in Article 162(2) or (3). |
| | 2.
     
  In order to calculate imports referred to in point 2 of Annex VIIb, account shall be taken of the quantities for which import licences for semi-milled or wholly milled rice falling within CN code 1006 30 were issued in the corresponding reference period. |

Text proposed by the Commission

Amendment

Article 121d

Calculation of import duties for milled rice

1.
     
  Notwithstanding Article 121, the Commission shall adopt implementing acts, fixing the import duty for semi-milled or wholly milled rice falling within CN code 1006 30, within ten days after the end of the reference period concerned in accordance with point 2 of Annex VIIb. Those implementing acts shall be adopted without the application of the procedure in Article 162(2) or (3).

The Commission shall adopt implementing acts, fixing the new applicable rate if the calculations made pursuant to the annex require it to be changed. Until such time as a new applicable rate is fixed, the duty previously fixed shall apply.Those implementing acts shall be adopted without the application of the procedure in Article 162(2) or (3).

2.
     
  In order to calculate imports referred to in point 2 of Annex VIIb, account shall be taken of the quantities for which import licences for semi-milled or wholly milled rice falling within CN code 1006 30 were issued in the corresponding reference period.

Amendment 279

Proposal for a regulation

Article 121 e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 121e |
| | Calculation of import duties for broken rice |
| | Notwithstanding Article 121, the import duty on broken rice falling within CN code 1006 40 00 shall be EUR 65 per tonne. |

Text proposed by the Commission

Amendment

Article 121e

Calculation of import duties for broken rice

Notwithstanding Article 121, the import duty on broken rice falling within CN code 1006 40 00 shall be EUR 65 per tonne.

Amendment 280

Proposal for a regulation

Article 122 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a)
     
  Where the declared entry price of the consignment in question is higher than the flat-rate import value, increased by a margin set by the Commission which may not exceed the flat-rate value by more than 10 %, the lodging of a security equal to the import duty determined on the basis of the flat-rate import value shall be required. The Commission shall calculate this value every working day in relation to each origin, product and period; the value shall be equal to the weighted average of the representative prices of those products in representative import markets in the Member States or, where applicable, in other markets, deducting from those prices a total amount of EUR 5/100 kg and the ad valorem customs duties. |
| | The interested party shall also provide information on the marketing and transportation conditions of the product by submitting copies of the documents attesting to delivery between operators and to the costs incurred between the import of the product and its sale. In all cases, the documents shall specify the variety or commercial type of the product in accordance with the provisions on presentation and labelling referred to in the applicable Community marketing rules, the commercial category of the products and their weight. |

Text proposed by the Commission

Amendment

(1a)
     
  Where the declared entry price of the consignment in question is higher than the flat-rate import value, increased by a margin set by the Commission which may not exceed the flat-rate value by more than 10 %, the lodging of a security equal to the import duty determined on the basis of the flat-rate import value shall be required. The Commission shall calculate this value every working day in relation to each origin, product and period; the value shall be equal to the weighted average of the representative prices of those products in representative import markets in the Member States or, where applicable, in other markets, deducting from those prices a total amount of EUR 5/100 kg and the ad valorem customs duties.

The interested party shall also provide information on the marketing and transportation conditions of the product by submitting copies of the documents attesting to delivery between operators and to the costs incurred between the import of the product and its sale. In all cases, the documents shall specify the variety or commercial type of the product in accordance with the provisions on presentation and labelling referred to in the applicable Community marketing rules, the commercial category of the products and their weight.

Amendment 281

Proposal for a regulation

Article 122 — paragraph 1 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1b)
     
  The customs value of imported perishable goods for which the application of the Common Customs Tariff duty rate depends on the entry price of the product batch imported in consignment may be determined directly in accordance with point (c) of Article 30(2) of the Customs Code and shall be equal to the flat-rate import value. |

Text proposed by the Commission

Amendment

(1b)
     
  The customs value of imported perishable goods for which the application of the Common Customs Tariff duty rate depends on the entry price of the product batch imported in consignment may be determined directly in accordance with point (c) of Article 30(2) of the Customs Code and shall be equal to the flat-rate import value.

Amendment 282

Proposal for a regulation

Article 122 — paragraph 1 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1c)
     
  The entry price of a consignment may also, where appropriate, be determined by means of a flat-rate import value calculated by origin and by product on the basis of the weighted average of the prices of the products concerned on representative import markets in the Member States, or, where appropriate, on other markets. |

Text proposed by the Commission

Amendment

(1c)
     
  The entry price of a consignment may also, where appropriate, be determined by means of a flat-rate import value calculated by origin and by product on the basis of the weighted average of the prices of the products concerned on representative import markets in the Member States, or, where appropriate, on other markets.

Amendment 283

Proposal for a regulation

Article 122 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  For the purposes of application of Article 248 of CCIP, the checks to be carried out by the customs authorities to determine whether a security should be lodged shall include a check of the customs value against the unit value for the products concerned as referred to in point (c) of Article 30(2) of the Customs Code. | deleted |

Text proposed by the Commission

Amendment

2.
     
  For the purposes of application of Article 248 of CCIP, the checks to be carried out by the customs authorities to determine whether a security should be lodged shall include a check of the customs value against the unit value for the products concerned as referred to in point (c) of Article 30(2) of the Customs Code.

deleted

Amendment 284

Proposal for a regulation

Article 122 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.
     
  Taking into account the need to ensure the efficiency of the system, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide that the checks carried out by the customs authorities referred to in paragraph 2 of this Article shall, in addition to, or as an alternative to, the check of the customs value against the unit value, include a check of the customs value against another value. | deleted |
| The Commission shall, by means of implementing acts, adopt rules for the calculation of the other value referred to in the first subparagraph of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2) | |

Text proposed by the Commission

Amendment

3.
     
  Taking into account the need to ensure the efficiency of the system, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide that the checks carried out by the customs authorities referred to in paragraph 2 of this Article shall, in addition to, or as an alternative to, the check of the customs value against the unit value, include a check of the customs value against another value.

deleted

The Commission shall, by means of implementing acts, adopt rules for the calculation of the other value referred to in the first subparagraph of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2)

Amendment 285

Proposal for a regulation

Article 123 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission
  may, by means of
  implementing acts,
  determine
  the products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pig meat, sheep meat and goat meat, eggs, poultry and bananas sectors, as well as of grape juice and grape must, to which, when imported subject to the rate of duty laid down in the Common Customs Tariff, an additional import duty shall apply in order to prevent or counteract adverse effects on the Union market which may result from those imports, if: | 1.   The Commission
  shall adopt
  implementing acts,
  determining
  the products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pig meat, sheep meat and goat meat, eggs, poultry and bananas sectors, as well as of grape juice and grape must, to which, when imported subject to the rate of duty laid down in the Common Customs Tariff, an additional import duty shall apply in order to prevent or counteract adverse effects on the Union market which may result from those imports, if: |

Text proposed by the Commission

Amendment

1.   The Commission
  may, by means of
  implementing acts,
  determine
  the products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pig meat, sheep meat and goat meat, eggs, poultry and bananas sectors, as well as of grape juice and grape must, to which, when imported subject to the rate of duty laid down in the Common Customs Tariff, an additional import duty shall apply in order to prevent or counteract adverse effects on the Union market which may result from those imports, if:

1.   The Commission
  shall adopt
  implementing acts,
  determining
  the products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pig meat, sheep meat and goat meat, eggs, poultry and bananas sectors, as well as of grape juice and grape must, to which, when imported subject to the rate of duty laid down in the Common Customs Tariff, an additional import duty shall apply in order to prevent or counteract adverse effects on the Union market which may result from those imports, if:

Amendment 286

Proposal for a regulation

Article 123 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3 a.
     
  The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, to ensure that imported products meet the minimum quality and environmental standards of the Union; |

Text proposed by the Commission

Amendment

3 a.
     
  The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, to ensure that imported products meet the minimum quality and environmental standards of the Union;

Amendment 287

Proposal for a regulation

Article 124 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3). |

Text proposed by the Commission

Amendment

Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3).

Amendment 288

Proposal for a regulation

Article 125 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Tariff quotas for the import of agricultural products for release into free circulation in the Union
  (or a part thereof)
  , or tariff quotas for imports of Union agricultural products into third countries which are to be partly or fully administered by the Union, resulting from agreements concluded in accordance with Article 218 of the Treaty or any other act adopted in accordance with Article 43(2) of the Treaty shall be opened and/or administered by the Commission by means of delegated and implementing acts pursuant to Articles 126 to 128. | 1.   Tariff quotas for the import of agricultural products for release into free circulation in the Union, or tariff quotas for imports of Union agricultural products into third countries which are to be partly or fully administered by the Union, resulting from agreements concluded in accordance with Article 218 of the Treaty or any other act adopted in accordance with Article 43(2) of the Treaty shall be opened and/or administered by the Commission by means of delegated and implementing acts pursuant to Articles 126 to 128. |

Text proposed by the Commission

Amendment

1.   Tariff quotas for the import of agricultural products for release into free circulation in the Union
  (or a part thereof)
  , or tariff quotas for imports of Union agricultural products into third countries which are to be partly or fully administered by the Union, resulting from agreements concluded in accordance with Article 218 of the Treaty or any other act adopted in accordance with Article 43(2) of the Treaty shall be opened and/or administered by the Commission by means of delegated and implementing acts pursuant to Articles 126 to 128.

1.   Tariff quotas for the import of agricultural products for release into free circulation in the Union, or tariff quotas for imports of Union agricultural products into third countries which are to be partly or fully administered by the Union, resulting from agreements concluded in accordance with Article 218 of the Treaty or any other act adopted in accordance with Article 43(2) of the Treaty shall be opened and/or administered by the Commission by means of delegated and implementing acts pursuant to Articles 126 to 128.

Amendment 289

Proposal for a regulation

Article 125 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | for import tariff quotas give due weight to the supply requirements of the Union market
  and
  the need to safeguard the equilibrium of that market, or |

Text proposed by the Commission

Amendment

(a)

for import tariff quotas give due weight to the supply requirements of the Union market
  and
  the need to safeguard the equilibrium of that market, or

| (a) | for import tariff quotas give due weight to the supply requirements of the Union market the need to safeguard the equilibrium of that market,
  and to develop new downstream markets in the production of industrial products, by ensuring certainty and continuity of supply at competitive world prices,
  or |
| --- | --- |

(a)

for import tariff quotas give due weight to the supply requirements of the Union market the need to safeguard the equilibrium of that market,
  and to develop new downstream markets in the production of industrial products, by ensuring certainty and continuity of supply at competitive world prices,
  or

Amendment 290

Proposal for a regulation

Article 125 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 125a |
| | Specific provisions |
| | In the case of tariff quotas for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quotas for import into Portugal of 500 000 tonnes of maize, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, establishing the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their marketing on the markets of those Member States. |

Text proposed by the Commission

Amendment

Article 125a

Specific provisions

In the case of tariff quotas for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quotas for import into Portugal of 500 000 tonnes of maize, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, establishing the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their marketing on the markets of those Member States.

Amendment 291

Proposal for a regulation

Article 126 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| a) | determine the conditions and eligibility requirements that an operator has to fulfil to submit an application within the import tariff quota; the provisions concerned may require a minimum experience in trade with third countries and assimilated territories, or in processing activity, expressed in a minimum quantity and period of time in a given market sector; those provisions may include specific rules to suit the needs and practices in force in a certain sector and the uses and needs of the processing industries; |

Text proposed by the Commission

Amendment

a)

determine the conditions and eligibility requirements that an operator has to fulfil to submit an application within the import tariff quota; the provisions concerned may require a minimum experience in trade with third countries and assimilated territories, or in processing activity, expressed in a minimum quantity and period of time in a given market sector; those provisions may include specific rules to suit the needs and practices in force in a certain sector and the uses and needs of the processing industries;

deleted

Amendment 292

Proposal for a regulation

Article 127 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | the use of licences, and, when necessary, specific rules relating to, in particular, the
  conditions under which
  applications for import
  shall be submitted and authorisation granted
  within the tariff quota; |

Text proposed by the Commission

Amendment

(e)

the use of licences, and, when necessary, specific rules relating to, in particular, the
  conditions under which
  applications for import
  shall be submitted and authorisation granted
  within the tariff quota;

| (e) | the use of licences, and, when necessary, specific rules relating to, in particular, the
  procedures for lodging
  applications for import,
  as well as for granting authorisations
  within the tariff quota; |
| --- | --- |

(e)

the use of licences, and, when necessary, specific rules relating to, in particular, the
  procedures for lodging
  applications for import,
  as well as for granting authorisations
  within the tariff quota;

Amendment 293

Proposal for a regulation

Article 127 — paragraph 1 — subparagraph 1 — point e a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | determine the conditions and eligibility requirements that an operator is to fulfil when submitting an application within the import tariff quota; the provisions concerned may require a minimum experience in trade with third countries and assimilated territories, or in a processing activity, expressed in a minimum quantity and period of time in a given market sector; those provisions may include specific rules to suit the needs and practices in force in a certain sector and the uses and needs of the processing industries; |

Text proposed by the Commission

Amendment

(ea)

determine the conditions and eligibility requirements that an operator is to fulfil when submitting an application within the import tariff quota; the provisions concerned may require a minimum experience in trade with third countries and assimilated territories, or in a processing activity, expressed in a minimum quantity and period of time in a given market sector; those provisions may include specific rules to suit the needs and practices in force in a certain sector and the uses and needs of the processing industries;

Amendment 294

Proposal for a regulation

Article 128 — paragraph 2 — subparagraph 2 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3). |

Text proposed by the Commission

Amendment

Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3).

Amendment 295

Proposal for a regulation

Article 129 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 129a |
| | Imports of hops |
| | 1.
     
  Products of the hops sector may be imported from third countries only if their quality standards are at least equivalent to those adopted for like products harvested within the Union or made from such products. |
| | 2.
     
  Products shall be considered as being of the standard referred to in paragraph 1 if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate referred to in Article 59b. |
| | In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation may be recognised as being equivalent to the certificate only if the alpha acid content of these products is not lower than that of the hops from which they have been prepared. |
| | 3.
     
  In order to minimise the administrative burden, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, setting the conditions under which obligations related to an attestation of equivalence and the labelling of packaging are not to apply. |
| | 4.
     
  The Commission shall adopt implementing acts, laying down rules related to this Article, including the rules on the recognition of attestations of equivalence and on the checking of imports of hops. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2), |

Text proposed by the Commission

Amendment

Article 129a

Imports of hops

1.
     
  Products of the hops sector may be imported from third countries only if their quality standards are at least equivalent to those adopted for like products harvested within the Union or made from such products.

2.
     
  Products shall be considered as being of the standard referred to in paragraph 1 if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate referred to in Article 59b.

In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation may be recognised as being equivalent to the certificate only if the alpha acid content of these products is not lower than that of the hops from which they have been prepared.

3.
     
  In order to minimise the administrative burden, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, setting the conditions under which obligations related to an attestation of equivalence and the labelling of packaging are not to apply.

4.
     
  The Commission shall adopt implementing acts, laying down rules related to this Article, including the rules on the recognition of attestations of equivalence and on the checking of imports of hops. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2),

Amendment 296

Proposal for a regulation

Article 130 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 130 a |
| | Import of raw sugar for refining: exclusive 3-month period for full-time refiners |
| | 1.
     
  Until the end of the 2019-2020 marketing year, an exclusive import capacity of 2 500 000 tonnes per marketing year, expressed in white sugar, is granted for full-time refiners. |
| | 2.
     
  The sole sugar beet processing plant at work in 2005 in Portugal is deemed to be a full-time refiner. |
| | 3.
     
  Import licences for sugar for refining shall be issued only to full-time refiners provided that the quantities concerned do not exceed the quantities referred to in paragraph 1. The licences may be transferred only between full-time refiners and their validity expires at the end of the marketing year for which they have been issued. |
| | This paragraph shall apply for the first three months of each marketing year. |
| | 4.
     
  Taking into account the need to ensure that imported sugar for refining is refined in accordance with this sub-section, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down the following: |
| | (a) | certain definitions for the operation of the import arrangements referred to in paragraph 1; |

Text proposed by the Commission

Amendment

Article 130 a

Import of raw sugar for refining: exclusive 3-month period for full-time refiners

1.
     
  Until the end of the 2019-2020 marketing year, an exclusive import capacity of 2 500 000 tonnes per marketing year, expressed in white sugar, is granted for full-time refiners.

2.
     
  The sole sugar beet processing plant at work in 2005 in Portugal is deemed to be a full-time refiner.

3.
     
  Import licences for sugar for refining shall be issued only to full-time refiners provided that the quantities concerned do not exceed the quantities referred to in paragraph 1. The licences may be transferred only between full-time refiners and their validity expires at the end of the marketing year for which they have been issued.

This paragraph shall apply for the first three months of each marketing year.

4.
     
  Taking into account the need to ensure that imported sugar for refining is refined in accordance with this sub-section, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down the following:

(a)

certain definitions for the operation of the import arrangements referred to in paragraph 1;

| (b) | the conditions and eligibility requirements that an operator has to fulfil to lodge an application for an import licence, including the lodging of a security; |
| --- | --- |

(b)

the conditions and eligibility requirements that an operator has to fulfil to lodge an application for an import licence, including the lodging of a security;

| (c) | rules on administrative penalties to be charged. |
| --- | --- |

(c)

rules on administrative penalties to be charged.

5.
     
  The Commission may adopt implementing acts, laying down the necessary rules concerning the supporting documents to be supplied in connection with the requirements and obligations applicable to importers, and in particular to full-time refiners. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2)

Amendment 297

Proposal for a regulation

Article 130 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 130 b |
| | Suspension of import duties in the sugar sector |
| | In compliance with the mechanism described in Article 101da and until the end of the 2019-2020 marketing year, the Commission may adopt implementing acts, suspending import duties in whole or in part for certain quantities of the following products in order to guarantee the supply required for the European sugar market: |
| | (a) | sugar falling within CN code 1701; |

Text proposed by the Commission

Amendment

Article 130 b

Suspension of import duties in the sugar sector

In compliance with the mechanism described in Article 101da and until the end of the 2019-2020 marketing year, the Commission may adopt implementing acts, suspending import duties in whole or in part for certain quantities of the following products in order to guarantee the supply required for the European sugar market:

(a)

sugar falling within CN code 1701;

| (b) | isoglucose falling within CN codes 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30. |
| --- | --- |

(b)

isoglucose falling within CN codes 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 298

Proposal for a regulation

Article 133

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 133 | Article 133 |
| Scope | Scope |
| 1.   To the extent necessary to enable exports on the basis of world market quotations or prices and within the limits resulting from agreements concluded in accordance with Article 218 of the Treaty, the difference between those quotations or prices and prices in the Union may be covered by export refunds for: | 1.   To the extent necessary to enable exports on the basis of world market quotations or prices
  when conditions on the internal market fall under the scope of those described in Article 154(1)
  and within the limits resulting from agreements concluded in accordance with Article 218 of the Treaty,
  and in accordance with Article 3(5) of the Treaty of the European Union
  , the difference between those quotations or prices and prices in the Union may be covered by export refunds for: |
| (a) | the products of the following sectors to be exported without further processing: |

Text proposed by the Commission

Amendment

Article 133

Article 133

Scope

Scope

1.   To the extent necessary to enable exports on the basis of world market quotations or prices and within the limits resulting from agreements concluded in accordance with Article 218 of the Treaty, the difference between those quotations or prices and prices in the Union may be covered by export refunds for:

1.   To the extent necessary to enable exports on the basis of world market quotations or prices
  when conditions on the internal market fall under the scope of those described in Article 154(1)
  and within the limits resulting from agreements concluded in accordance with Article 218 of the Treaty,
  and in accordance with Article 3(5) of the Treaty of the European Union
  , the difference between those quotations or prices and prices in the Union may be covered by export refunds for:

(a)

the products of the following sectors to be exported without further processing:

| (a) | the products of the following sectors to be exported without further processing: |
| --- | --- |

(a)

the products of the following sectors to be exported without further processing:

| | (i) | cereals; |
| --- | --- | --- |

(i)

cereals;

| | (i) | cereals; |
| --- | --- | --- |

(i)

cereals;

| | (ii) | rice; |
| --- | --- | --- |

(ii)

rice;

| | (ii) | rice; |
| --- | --- | --- |

(ii)

rice;

| | (iii) | sugar, with regard to the products listed in points (b) to (d) and (g) of Part III of Annex I; |
| --- | --- | --- |

(iii)

sugar, with regard to the products listed in points (b) to (d) and (g) of Part III of Annex I;

| | (iii) | sugar, with regard to the products listed in points (b) to (d) and (g) of Part III of Annex I; |
| --- | --- | --- |

(iii)

sugar, with regard to the products listed in points (b) to (d) and (g) of Part III of Annex I;

| | (iv) | beef and veal; |
| --- | --- | --- |

(iv)

beef and veal;

| | (iv) | beef and veal; |
| --- | --- | --- |

(iv)

beef and veal;

| | (v) | milk and milk products; |
| --- | --- | --- |

(v)

milk and milk products;

| | (v) | milk and milk products; |
| --- | --- | --- |

(v)

milk and milk products;

| | (vi) | pigmeat; |
| --- | --- | --- |

(vi)

pigmeat;

| | (vi) | pigmeat; |
| --- | --- | --- |

(vi)

pigmeat;

| | (vii) | eggs; |
| --- | --- | --- |

(vii)

eggs;

| | (vii) | eggs; |
| --- | --- | --- |

(vii)

eggs;

| | (viii) | poultrymeat; |
| --- | --- | --- |

(viii)

poultrymeat;

| | (viii) | poultrymeat; |
| --- | --- | --- |

(viii)

poultrymeat;

| (b) | the products listed in points (i) to (iii), (v) and (vii) of point (a) of this paragraph to be exported in the form of processed goods in accordance with Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products, and in the form of the products containing sugar listed in point (b) of Part X of Annex I. |
| --- | --- |

(b)

the products listed in points (i) to (iii), (v) and (vii) of point (a) of this paragraph to be exported in the form of processed goods in accordance with Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products, and in the form of the products containing sugar listed in point (b) of Part X of Annex I.

| (b) | the products listed in points (i) to (iii), (v)
  , (vi)
  and (vii) of point (a) of this paragraph to be exported in the form of processed goods in accordance with Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products,
  including products exported in the form of goods not covered by Annex I to the Treaty, in accordance with Commission Regulation (EU) No 578/2010 of 29 June 2010,
  and in the form of the products containing sugar listed in point (b) of Part X of Annex I. |
| --- | --- |

(b)

the products listed in points (i) to (iii), (v)
  , (vi)
  and (vii) of point (a) of this paragraph to be exported in the form of processed goods in accordance with Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products,
  including products exported in the form of goods not covered by Annex I to the Treaty, in accordance with Commission Regulation (EU) No 578/2010 of 29 June 2010,
  and in the form of the products containing sugar listed in point (b) of Part X of Annex I.

2.   Export refunds on products exported in the form of processed goods shall not be higher than those applicable to the same products exported without further processing.

2.   Export refunds on products exported in the form of processed goods shall not be higher than those applicable to the same products exported without further processing.

2a.
     
  Without prejudice to the application of Article 154(1) and Article 159, the refund available for the products referred to in paragraph 1 shall be EUR 0.

3.   The Commission shall, by means of implementing acts, adopt necessary measures for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

3.   The Commission shall, by means of implementing acts, adopt necessary measures for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 299

Proposal for a regulation

Article 135

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 135 | Article 135 |
| Export refund fixation | Export refund fixation |
| 1.   The same export refunds shall apply to the same products in the whole Union. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 218 of the Treaty make this necessary. | 1.   The same export refunds shall apply to the same products in the whole Union. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 218 of the Treaty make this necessary. |
| 2.   
  Measures on the fixing of refunds shall be taken by the Council in accordance with Article 43(3) of the Treaty. | 2.   
  The Commission shall adopt implementing acts, fixing refunds for a limited period. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). |
| | They may be fixed by tendering procedures for cereals, rice, sugar and milk and milk products. |
| | 2a.
     
  One or more of the following aspects shall be taken into account when refunds for a certain product are being fixed: |
| | (a) | the existing situation and the future trend with regard to: |

Text proposed by the Commission

Amendment

Article 135

Article 135

Export refund fixation

Export refund fixation

1.   The same export refunds shall apply to the same products in the whole Union. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 218 of the Treaty make this necessary.

1.   The same export refunds shall apply to the same products in the whole Union. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 218 of the Treaty make this necessary.

2.   
  Measures on the fixing of refunds shall be taken by the Council in accordance with Article 43(3) of the Treaty.

2.   
  The Commission shall adopt implementing acts, fixing refunds for a limited period. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

They may be fixed by tendering procedures for cereals, rice, sugar and milk and milk products.

2a.
     
  One or more of the following aspects shall be taken into account when refunds for a certain product are being fixed:

(a)

the existing situation and the future trend with regard to:

| | (i) | prices and availabilities of that product on the Union market, |
| --- | --- | --- |

(i)

prices and availabilities of that product on the Union market,

| | (ii) | prices for that product on the world market. |
| --- | --- | --- |

(ii)

prices for that product on the world market.

| (b) | the aims of the common market organisation which are to ensure equilibrium and the natural development of prices and trade on this market; |
| --- | --- |

(b)

the aims of the common market organisation which are to ensure equilibrium and the natural development of prices and trade on this market;

| (c) | the need to avoid disturbances likely to cause a prolonged imbalance between supply and demand on the Union market; |
| --- | --- |

(c)

the need to avoid disturbances likely to cause a prolonged imbalance between supply and demand on the Union market;

| (d) | the economic aspects of the proposed exports; |
| --- | --- |

(d)

the economic aspects of the proposed exports;

| (e) | the limits resulting from agreements concluded in accordance with Article 218 of the Treaty; |
| --- | --- |

(e)

the limits resulting from agreements concluded in accordance with Article 218 of the Treaty;

| (f) | the need to establish a balance between the use of Union basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under processing arrangements; |
| --- | --- |

(f)

the need to establish a balance between the use of Union basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under processing arrangements;

| (g) | the most favourable marketing costs and transport costs from Union markets to Union ports or other places of export, together with forwarding costs to the countries of destination; |
| --- | --- |

(g)

the most favourable marketing costs and transport costs from Union markets to Union ports or other places of export, together with forwarding costs to the countries of destination;

| (h) | demand on the Union market; |
| --- | --- |

(h)

demand on the Union market;

| (i) | in respect of the pigmeat, eggs and poultrymeat sectors, the difference between prices within the Union and prices on the world market for the quantity of feed grain input required for the production in the Union of products of those sectors. |
| --- | --- |

(i)

in respect of the pigmeat, eggs and poultrymeat sectors, the difference between prices within the Union and prices on the world market for the quantity of feed grain input required for the production in the Union of products of those sectors.

Amendment 300

Proposal for a regulation

Article 141

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 141 | Article 141 |
| Other implementing powers | Other implementing powers |
| The Commission may
  , by means of
  implementing acts,
  fix
  coefficients adjusting export refunds in accordance with the rules adopted pursuant to Article 139(6). | The Commission may
  adopt
  implementing acts,
  fixing
  coefficients adjusting export refunds in accordance with the rules adopted pursuant to Article 139(6). |
| | Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3). |

Text proposed by the Commission

Amendment

Article 141

Article 141

Other implementing powers

Other implementing powers

The Commission may
  , by means of
  implementing acts,
  fix
  coefficients adjusting export refunds in accordance with the rules adopted pursuant to Article 139(6).

The Commission may
  adopt
  implementing acts,
  fixing
  coefficients adjusting export refunds in accordance with the rules adopted pursuant to Article 139(6).

Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3).

Amendment 301

Proposal for a regulation

Article 143

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 143 | Article 143 |
| Application of Articles 101 to 106 of the Treaty | Application of Articles 101 to 106 of the Treaty |
| Save as otherwise provided for in this Regulation, Articles 101 to 106 of the Treaty and implementation provisions thereof shall, subject to Articles
  144
  to 145 of this Regulation, apply to all agreements, decisions and practices referred to in Article 101(1) and Article 102 of the Treaty which relate to the production of, or trade in, agricultural products. | Save as otherwise provided in this Regulation
  , in accordance with Article 42 of the Treaty,
  Articles 101 to 106 of the Treaty and implementation provisions thereof shall, subject to Article
  143a
  to 145 of this Regulation, apply to all agreements, decisions and practices referred to in Article 101(1) and Article 102 of the Treaty which relate to the production of, or trade in, agricultural products. |
| | In order to improve the functioning of the internal market and to ensure uniform application of Union competition rules in the agricultural and agri-food sector, the Commission shall coordinate action by the various national competition authorities. For this purpose, the Commission shall notably publish guidelines and good practice guides to assist the various national competition authorities, as well as undertakings of the agricultural and agri-food sector. |

Text proposed by the Commission

Amendment

Article 143

Article 143

Application of Articles 101 to 106 of the Treaty

Application of Articles 101 to 106 of the Treaty

Save as otherwise provided for in this Regulation, Articles 101 to 106 of the Treaty and implementation provisions thereof shall, subject to Articles
  144
  to 145 of this Regulation, apply to all agreements, decisions and practices referred to in Article 101(1) and Article 102 of the Treaty which relate to the production of, or trade in, agricultural products.

Save as otherwise provided in this Regulation
  , in accordance with Article 42 of the Treaty,
  Articles 101 to 106 of the Treaty and implementation provisions thereof shall, subject to Article
  143a
  to 145 of this Regulation, apply to all agreements, decisions and practices referred to in Article 101(1) and Article 102 of the Treaty which relate to the production of, or trade in, agricultural products.

In order to improve the functioning of the internal market and to ensure uniform application of Union competition rules in the agricultural and agri-food sector, the Commission shall coordinate action by the various national competition authorities. For this purpose, the Commission shall notably publish guidelines and good practice guides to assist the various national competition authorities, as well as undertakings of the agricultural and agri-food sector.

Amendment 302

Proposal for a regulation

Article 143 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 143a |
| | The relevant market |
| | 1.
     
  The definition of the relevant market is a tool to identify and define the boundaries of competition between firms, and is founded on two cumulative elements: |
| | (a) | the relevant product market: for the purposes of this Chapter, ‘product market’ means the market comprising all those products which are regarded as interchangeable or substitutable by the consumer by reason of the products’ characteristics, their prices and their intended use; |

Text proposed by the Commission

Amendment

Article 143a

The relevant market

1.
     
  The definition of the relevant market is a tool to identify and define the boundaries of competition between firms, and is founded on two cumulative elements:

(a)

the relevant product market: for the purposes of this Chapter, ‘product market’ means the market comprising all those products which are regarded as interchangeable or substitutable by the consumer by reason of the products’ characteristics, their prices and their intended use;

| (b) | the relevant geographic market: for the purposes of this Chapter, ‘geographic market’ means the market comprising the area in which the firms concerned are involved in the supply of the relevant products, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas, particularly because the conditions of competition are appreciably different in those areas. |
| --- | --- |

(b)

the relevant geographic market: for the purposes of this Chapter, ‘geographic market’ means the market comprising the area in which the firms concerned are involved in the supply of the relevant products, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas, particularly because the conditions of competition are appreciably different in those areas.

2.
     
  For the purpose of defining the relevant market, the following principles apply:

| (a) | the relevant product market shall be considered in the first instance, for raw products, to be the market in products from a given species of plant or animal; wherever a smaller subdivision is used, this shall be duly substantiated; |
| --- | --- |

(a)

the relevant product market shall be considered in the first instance, for raw products, to be the market in products from a given species of plant or animal; wherever a smaller subdivision is used, this shall be duly substantiated;

| (b) | the relevant geographic market shall be considered in the first instance to be the Union market; wherever a smaller subdivision is used, this shall be duly substantiated. |
| --- | --- |

(b)

the relevant geographic market shall be considered in the first instance to be the Union market; wherever a smaller subdivision is used, this shall be duly substantiated.

Amendment 303

Proposal for a regulation

Article 143 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 143b |
| | Dominant position |
| | 1.
     
  For the purposes of this Chapter, ‘dominant position’ means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, customers and ultimately of consumers. |
| | 2.
     
  A dominant position shall be deemed not to be present where the market shares held on a relevant market by an undertaking, or by several undertakings linked by a horizontal agreement, in the agricultural and agri-foodstuffs sector, are smaller than the market shares held by the largest undertaking on the same relevant market at the next stage down in the supply chain. |

Text proposed by the Commission

Amendment

Article 143b

Dominant position

1.
     
  For the purposes of this Chapter, ‘dominant position’ means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, customers and ultimately of consumers.

2.
     
  A dominant position shall be deemed not to be present where the market shares held on a relevant market by an undertaking, or by several undertakings linked by a horizontal agreement, in the agricultural and agri-foodstuffs sector, are smaller than the market shares held by the largest undertaking on the same relevant market at the next stage down in the supply chain.

Amendment 304

Proposal for a regulation

Article 144

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 144 | Article 144 |
| Exceptions for the objectives of the CAP and farmers and their associations | Exceptions for the objectives of the CAP and farmers and their
  organisations or
  associations
  of organisations |
| 1.   Article 101(1) of the Treaty shall not apply to the agreements, decisions and practices referred to in Article 143 of this Regulation necessary for the attainment of the objectives set out in Article 39 of the Treaty. | 1.   Article 101(1) of the Treaty shall not apply to the agreements, decisions and
  concerted
  practices referred to in Article 143 of this Regulation necessary for the attainment of the objectives set out in Article 39 of the Treaty. |
| In particular,
  Article 101(1) of the Treaty shall not apply to
  agreements, decisions and practices of farmers,
  farmers' associations, or associations of such associations,
  or producer organisations recognised under Article 106 of this Regulation, or associations of producer organisations recognised under Article 107 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products,
  and under which there is no obligation to charge identical prices, unless competition is thereby excluded or the objectives of Article 39 of the Treaty are jeopardised
  . | In particular, agreements, decisions and
  concerted
  practices of farmers, or producer organisations recognised under Article 106 of this Regulation, or associations of producer organisations recognised under Article 107 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products
  shall be presumed to be necessary to achieve the objectives of Article 39 of the Treaty
  . |
| | The agreements, decisions and concerted practices referred to in the present paragraph shall be presumed to comply with the conditions laid down in Article 101(3) of the Treaty. |
| | The present paragraph shall not apply where competition is excluded. |
| | 1a.
     
  The agreements, decisions and concerted practices referred to in paragraph 1 shall not entail an obligation to charge an identical price, except as regards the contracts referred to in Articles 104a, 105a, 113a and 113b. |
| | 1b.
     
  The agreements, decisions and concerted practices of farmers, of producer organisations or of associations of producer organisations referred to in Article 143 shall fall under the scope of the application of Regulation (EC) No 1/2003. |
| 2.
     
  After consulting the Member States and hearing the undertakings or associations of undertakings concerned and any other natural or legal person that it considers appropriate, the Commission shall have sole power, subject to review by the Court of Justice, to determine, by adopting, by means of implementing acts, a Decision which shall be published, which agreements, decisions and practices fulfil the conditions specified in paragraph 1. | |
| The Commission shall undertake such determination either on its own initiative or at the request of a competent authority of a Member State or of an interested undertaking or association of undertakings. | |
| 3.
     
  The publication of the Decision referred to in the first subparagraph of paragraph 2 shall state the names of the parties and the main content of the decision. It shall have regard to the legitimate interest of undertakings in the protection of their business secrets. | |

Text proposed by the Commission

Amendment

Article 144

Article 144

Exceptions for the objectives of the CAP and farmers and their associations

Exceptions for the objectives of the CAP and farmers and their
  organisations or
  associations
  of organisations

1.   Article 101(1) of the Treaty shall not apply to the agreements, decisions and practices referred to in Article 143 of this Regulation necessary for the attainment of the objectives set out in Article 39 of the Treaty.

1.   Article 101(1) of the Treaty shall not apply to the agreements, decisions and
  concerted
  practices referred to in Article 143 of this Regulation necessary for the attainment of the objectives set out in Article 39 of the Treaty.

In particular,
  Article 101(1) of the Treaty shall not apply to
  agreements, decisions and practices of farmers,
  farmers' associations, or associations of such associations,
  or producer organisations recognised under Article 106 of this Regulation, or associations of producer organisations recognised under Article 107 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products,
  and under which there is no obligation to charge identical prices, unless competition is thereby excluded or the objectives of Article 39 of the Treaty are jeopardised
  .

In particular, agreements, decisions and
  concerted
  practices of farmers, or producer organisations recognised under Article 106 of this Regulation, or associations of producer organisations recognised under Article 107 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products
  shall be presumed to be necessary to achieve the objectives of Article 39 of the Treaty
  .

The agreements, decisions and concerted practices referred to in the present paragraph shall be presumed to comply with the conditions laid down in Article 101(3) of the Treaty.

The present paragraph shall not apply where competition is excluded.

1a.
     
  The agreements, decisions and concerted practices referred to in paragraph 1 shall not entail an obligation to charge an identical price, except as regards the contracts referred to in Articles 104a, 105a, 113a and 113b.

1b.
     
  The agreements, decisions and concerted practices of farmers, of producer organisations or of associations of producer organisations referred to in Article 143 shall fall under the scope of the application of Regulation (EC) No 1/2003.

2.
     
  After consulting the Member States and hearing the undertakings or associations of undertakings concerned and any other natural or legal person that it considers appropriate, the Commission shall have sole power, subject to review by the Court of Justice, to determine, by adopting, by means of implementing acts, a Decision which shall be published, which agreements, decisions and practices fulfil the conditions specified in paragraph 1.

The Commission shall undertake such determination either on its own initiative or at the request of a competent authority of a Member State or of an interested undertaking or association of undertakings.

3.
     
  The publication of the Decision referred to in the first subparagraph of paragraph 2 shall state the names of the parties and the main content of the decision. It shall have regard to the legitimate interest of undertakings in the protection of their business secrets.

Amendment 305

Proposal for a regulation

Article 145

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 145 | Article 145 |
| Agreements and concerted practices of recognised interbranch organisations | Agreements and concerted practices of recognised interbranch organisations |
| 1.   Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices of interbranch organisations recognised under Article 108 of this Regulation with the object of carrying out the activities listed in point (c) of Article 108(1) of this Regulation, and for the olive oil and table olive and tobacco sectors, Article 108(2) of this Regulation. | 1.   Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices of interbranch organisations recognised under Article 108 of this Regulation with the object of carrying out the activities listed in point (c) of Article 108(1) of this Regulation, and for the olive oil and table olive and tobacco sectors, Article 108(2) of this Regulation. |
| 2.   Paragraph 1 shall apply only provided that: | 2.   Paragraph 1 shall apply only provided that: |
| (a) | the agreements, decisions and concerted practices have been notified to the Commission; |

Text proposed by the Commission

Amendment

Article 145

Article 145

Agreements and concerted practices of recognised interbranch organisations

Agreements and concerted practices of recognised interbranch organisations

1.   Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices of interbranch organisations recognised under Article 108 of this Regulation with the object of carrying out the activities listed in point (c) of Article 108(1) of this Regulation, and for the olive oil and table olive and tobacco sectors, Article 108(2) of this Regulation.

1.   Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices of interbranch organisations recognised under Article 108 of this Regulation with the object of carrying out the activities listed in point (c) of Article 108(1) of this Regulation, and for the olive oil and table olive and tobacco sectors, Article 108(2) of this Regulation.

2.   Paragraph 1 shall apply only provided that:

2.   Paragraph 1 shall apply only provided that:

(a)

the agreements, decisions and concerted practices have been notified to the Commission;

| (a) | the agreements, decisions and concerted practices have been notified to the Commission; |
| --- | --- |

(a)

the agreements, decisions and concerted practices have been notified to the Commission;

| (b) | within two months of receipt of
  all the details
  required the Commission, by means of implementing acts, has not found that
  the
  agreements,
  decisions or concerted practices are incompatible with Union rules
  . |
| --- | --- |

(b)

within two months of receipt of
  all the details
  required the Commission, by means of implementing acts, has not found that
  the
  agreements,
  decisions or concerted practices are incompatible with Union rules
  .

| (b) | within two months of receipt of
  the notification
  required, the Commission has not found that
  these
  agreements
  fall within the scope of paragraph 4
  .
  Where the Commission does find that those agreements fall within the scope of paragraph 4, it shall adopt implementing acts, setting out its finding. Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3). |
| --- | --- |

(b)

within two months of receipt of
  the notification
  required, the Commission has not found that
  these
  agreements
  fall within the scope of paragraph 4
  .
  Where the Commission does find that those agreements fall within the scope of paragraph 4, it shall adopt implementing acts, setting out its finding. Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3).

3.   The agreements, decisions and concerted practices may not be put into effect before the lapse of the period referred to in paragraph 2(b).

3.   The agreements, decisions and concerted practices may not be put into effect before the lapse of the period referred to in paragraph 2(b).

3a.
     
  Notwithstanding paragraphs 2 and 3 of this article, in the event of a crisis, the agreements, decisions and concerted practices referred to in paragraph 1 shall enter into force and shall be notified to the Commission as soon as they are adopted.

Within 21 days after the date of notification, the Commission shall, where appropriate, adopt implementing acts setting out its decision that these agreements fall within the scope of paragraph 4.Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3),

4.   Agreements, decisions and concerted practices shall in any case be declared incompatible with Union rules if they:

4.   Agreements, decisions and concerted practices shall in any case be declared incompatible with Union rules if they:

| (a) | may lead to the partitioning of markets within the Union in any form; |
| --- | --- |

(a)

may lead to the partitioning of markets within the Union in any form;

| (a) | may lead to the partitioning of markets within the Union in any form; |
| --- | --- |

(a)

may lead to the partitioning of markets within the Union in any form;

| (b) | may affect the sound operation of the market organisation; |
| --- | --- |

(b)

may affect the sound operation of the market organisation;

| (b) | may affect the sound operation of the market organisation; |
| --- | --- |

(b)

may affect the sound operation of the market organisation;

| (c) | may create distortions of competition which are not essential to achieving the objectives of the CAP pursued by the interbranch organisation activity; |
| --- | --- |

(c)

may create distortions of competition which are not essential to achieving the objectives of the CAP pursued by the interbranch organisation activity;

| (c) | may create distortions of competition which are not essential to achieving the objectives of the CAP pursued by the interbranch organisation activity; |
| --- | --- |

(c)

may create distortions of competition which are not essential to achieving the objectives of the CAP pursued by the interbranch organisation activity;

| (d) | entail the fixing of prices
  or the fixing of quotas; |
| --- | --- |

(d)

entail the fixing of prices
  or the fixing of quotas;

| (d) | entail the fixing of prices; |
| --- | --- |

(d)

entail the fixing of prices;

| (e) | may create discrimination or eliminate competition in respect of a substantial proportion of the products in question. |
| --- | --- |

(e)

may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

| (e) | may create discrimination or eliminate competition in respect of a substantial proportion of the products in question. |
| --- | --- |

(e)

may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

5.   If, following expiry of the two-month period referred to in paragraph 2(b), the Commission finds that the conditions for applying paragraph 1 have not been met, it shall, by means of implementing acts, take a Decision declaring that Article 101(1) of the Treaty applies to the agreement, decision or concerted practice in question.

5.   If, following expiry of the two-month period referred to in paragraph 2(b), the Commission finds that the conditions for applying paragraph 1 have not been met, it shall, by means of implementing acts, take a Decision declaring that Article 101(1) of the Treaty applies to the agreement, decision or concerted practice in question.

That Commission Decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1.

That Commission Decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1.

6.   In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement.
  However, in that event, the Commission may, on its own initiative or at the request of another Member State, issue a finding of incompatibility at any time.

6.   In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement.

6a.
     
  The Commission may adopt implementing acts, laying down measures necessary for the uniform application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 306

Proposal for a regulation

Article 152 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States may finance those payments by means of a levy on the sector concerned or by any other contribution from the private sector. | Member States may finance those payments
  from their national budget,
  by means of a levy on the sector concerned or by any other contribution from the private sector. |

Text proposed by the Commission

Amendment

Member States may finance those payments by means of a levy on the sector concerned or by any other contribution from the private sector.

Member States may finance those payments
  from their national budget,
  by means of a levy on the sector concerned or by any other contribution from the private sector.

Amendment 307

Proposal for a regulation

Article 152 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States may, in addition to Union aid provided for in Article 21, make national payments for financing accompanying measures necessary to make the Union scheme for the supply of fruit and vegetable, processed fruit and vegetable and banana products effective, as provided for in Article 21(2). | Member States may, in addition to Union aid provided for in Article 21, make national payments for financing accompanying measures necessary to make the Union scheme for the supply of fruit and vegetable, processed fruit and vegetable and banana products effective, as provided for in Article 21(2).
  The total amount of co-financing shall not exceed 100 % of the costs actually incurred. |

Text proposed by the Commission

Amendment

Member States may, in addition to Union aid provided for in Article 21, make national payments for financing accompanying measures necessary to make the Union scheme for the supply of fruit and vegetable, processed fruit and vegetable and banana products effective, as provided for in Article 21(2).

Member States may, in addition to Union aid provided for in Article 21, make national payments for financing accompanying measures necessary to make the Union scheme for the supply of fruit and vegetable, processed fruit and vegetable and banana products effective, as provided for in Article 21(2).
  The total amount of co-financing shall not exceed 100 % of the costs actually incurred.

Amendment 308

Proposal for a regulation

Article 153 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 153a |
| | Promoting sales in the milk and milk products sector |
| | A Member State may impose a promotional levy on its milk producers in respect of marketed quantities of milk or milk equivalent in order to finance the measures on promoting consumption in the Union, expanding the markets for milk and milk products and improving quality. |

Text proposed by the Commission

Amendment

Article 153a

Promoting sales in the milk and milk products sector

A Member State may impose a promotional levy on its milk producers in respect of marketed quantities of milk or milk equivalent in order to finance the measures on promoting consumption in the Union, expanding the markets for milk and milk products and improving quality.

Amendment 309

Proposal for a regulation

Article 154

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 154 | Article 154 |
| Measures against market disturbance | Measures against market disturbance |
| 1.   Taking into account the need to react efficiently and effectively against
  threats of
  market disturbance caused by significant price rises or falls on internal or external markets or any other factors affecting the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to take the necessary measures for the sector concerned, respecting any obligations resulting from agreements concluded in accordance with Article 218 of the Treaty. | 1.   Taking into account the need to react efficiently and effectively against market disturbance caused by significant price rises or falls on internal or external markets
  or a substantial rise in production costs as set out in Article 7(2)
  or any other factors affecting the market,
  where that situation is likely to continue or to deteriorate,
  the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to take the necessary measures for the sector concerned, respecting any obligations resulting from agreements concluded in accordance with Article 218 of the Treaty
  provided that any other measures available under this Regulation appear insufficient
  . |
| Where in the cases
  of threats
  of market disturbances referred to in the first subparagraph, imperative grounds of urgency so require, the procedure provided for in Article 161 of this Regulation shall apply to delegated acts adopted pursuant to this paragraph. | Where in the cases of market disturbances referred to in the first subparagraph, imperative grounds of urgency so require, the procedure provided for in Article 161 of this Regulation shall apply to delegated acts adopted pursuant to this paragraph. |
| Such measures may to the extent and for the time necessary extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities or periods as necessary. | Such measures may, to the extent and for the time necessary, extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities or periods as necessary
  , or allocate funds in order to trigger the export refunds referred to in Chapter VI of Part III
  ,
  or to provide specific support for producers so as to mitigate the effects of serious market disturbance
  . |
| 2.   The measures referred to in paragraph 1 shall
  not
  apply to products listed in
  Section 2 of Part XXIV of
  Annex I. | 2.   
  Without prejudice to Article 133(1),
  the measures referred to in paragraph 1 shall apply to
  all of the
  products listed in Annex I. |
| 3.   The Commission may, by means of implementing acts, adopt necessary rules for the application of paragraph 1 of this Article. Those rules may, in particular, concern procedures and technical criteria. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). | 3.   The Commission may, by means of implementing acts, adopt necessary rules for the application of paragraph 1 of this Article. Those rules may, in particular, concern procedures and technical criteria. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). |

Text proposed by the Commission

Amendment

Article 154

Article 154

Measures against market disturbance

Measures against market disturbance

1.   Taking into account the need to react efficiently and effectively against
  threats of
  market disturbance caused by significant price rises or falls on internal or external markets or any other factors affecting the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to take the necessary measures for the sector concerned, respecting any obligations resulting from agreements concluded in accordance with Article 218 of the Treaty.

1.   Taking into account the need to react efficiently and effectively against market disturbance caused by significant price rises or falls on internal or external markets
  or a substantial rise in production costs as set out in Article 7(2)
  or any other factors affecting the market,
  where that situation is likely to continue or to deteriorate,
  the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to take the necessary measures for the sector concerned, respecting any obligations resulting from agreements concluded in accordance with Article 218 of the Treaty
  provided that any other measures available under this Regulation appear insufficient
  .

Where in the cases
  of threats
  of market disturbances referred to in the first subparagraph, imperative grounds of urgency so require, the procedure provided for in Article 161 of this Regulation shall apply to delegated acts adopted pursuant to this paragraph.

Where in the cases of market disturbances referred to in the first subparagraph, imperative grounds of urgency so require, the procedure provided for in Article 161 of this Regulation shall apply to delegated acts adopted pursuant to this paragraph.

Such measures may to the extent and for the time necessary extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities or periods as necessary.

Such measures may, to the extent and for the time necessary, extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities or periods as necessary
  , or allocate funds in order to trigger the export refunds referred to in Chapter VI of Part III
  ,
  or to provide specific support for producers so as to mitigate the effects of serious market disturbance
  .

2.   The measures referred to in paragraph 1 shall
  not
  apply to products listed in
  Section 2 of Part XXIV of
  Annex I.

2.   
  Without prejudice to Article 133(1),
  the measures referred to in paragraph 1 shall apply to
  all of the
  products listed in Annex I.

3.   The Commission may, by means of implementing acts, adopt necessary rules for the application of paragraph 1 of this Article. Those rules may, in particular, concern procedures and technical criteria. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

3.   The Commission may, by means of implementing acts, adopt necessary rules for the application of paragraph 1 of this Article. Those rules may, in particular, concern procedures and technical criteria. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 310

Proposal for a regulation

Article 155

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 155 | Article 155 |
| Measures concerning animal diseases and loss of consumer confidence due to public, animal or plant health risks | Measures concerning
  pests
  , animal
  and


  plant
  diseases and loss of consumer confidence due to public, animal or plant health risks |
| 1.   The Commission may, by means of
  implementing
  acts,
  adopt
  exceptional support measures: | 1.   The Commission may, by means of
  delegated
  acts,
  adopted in accordance with the urgency procedure referred to in Article 161, lay down
  exceptional support measures for the affected market: |
| (a) | for the affected market
  in order to take account of restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of diseases in animals, and |

Text proposed by the Commission

Amendment

Article 155

Article 155

Measures concerning animal diseases and loss of consumer confidence due to public, animal or plant health risks

Measures concerning
  pests
  , animal
  and


  plant
  diseases and loss of consumer confidence due to public, animal or plant health risks

1.   The Commission may, by means of
  implementing
  acts,
  adopt
  exceptional support measures:

1.   The Commission may, by means of
  delegated
  acts,
  adopted in accordance with the urgency procedure referred to in Article 161, lay down
  exceptional support measures for the affected market:

(a)

for the affected market
  in order to take account of restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of diseases in animals, and

| (a) | in order to take account of restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of
  pests and
  diseases in animals
  and plants
  , and |
| --- | --- |

(a)

in order to take account of restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of
  pests and
  diseases in animals
  and plants
  , and

| (b) | in order to take account of serious market disturbances directly attributed to a loss in consumer confidence due to public, animal or plant health risks. |
| --- | --- |

(b)

in order to take account of serious market disturbances directly attributed to a loss in consumer confidence due to public, animal or plant health risks.

| (b) | in order to take account of serious market disturbances directly attributed to a loss in consumer confidence due to public, animal or plant health risks. |
| --- | --- |

(b)

in order to take account of serious market disturbances directly attributed to a loss in consumer confidence due to public, animal or plant health risks.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

2.   The measures provided for in paragraph 1 shall apply to the following sectors:

2.   The measures provided for in paragraph 1 shall apply to the following sectors:

| (a) | beef and veal; |
| --- | --- |

(a)

beef and veal;

| (a) | beef and veal; |
| --- | --- |

(a)

beef and veal;

| (b) | milk and milk products; |
| --- | --- |

(b)

milk and milk products;

| (b) | milk and milk products; |
| --- | --- |

(b)

milk and milk products;

| (c) | pigmeat; |
| --- | --- |

(c)

pigmeat;

| (c) | pigmeat; |
| --- | --- |

(c)

pigmeat;

| (d) | sheepmeat and goatmeat; |
| --- | --- |

(d)

sheepmeat and goatmeat;

| (d) | sheepmeat and goatmeat; |
| --- | --- |

(d)

sheepmeat and goatmeat;

| (e) | eggs; |
| --- | --- |

(e)

eggs;

| (e) | eggs; |
| --- | --- |

(e)

eggs;

| (f) | poultrymeat. |
| --- | --- |

(f)

poultrymeat.

| (f) | poultrymeat. |
| --- | --- |

(f)

poultrymeat.

The measures provided for in point (b) of paragraph 1 related to a loss in consumer confidence due to public or plant health risks shall also apply to all other agricultural products
  except those listed in Section 2 of Part XXIV of Annex I
  .

The measures provided for in point (b) of paragraph 1 related to a loss in consumer confidence due to public or plant health risks shall also apply to all other agricultural products.

2a.
     
  The Commission may, by means of delegated acts adopted in accordance with the urgency procedure referred to in Article 161, extend the list of products referred to in paragraph 2.

3.   The measures provided for in paragraph 1 shall be taken at the request of the Member State concerned.

3.   The measures provided for in paragraph 1 shall be taken at the request of the Member State concerned.

4.   The measures provided for in point (a) of paragraph 1 may be taken only if the Member State concerned has taken health and veterinary measures quickly to stamp out the disease, and only to the extent and for the duration strictly necessary to support the market concerned.

4.   The measures provided for in point (a) of paragraph 1 may be taken only if the Member State concerned has taken
  relevant phytosanitary or
  health and veterinary measures quickly to stamp out
  pest or
  the disease, and only to the extent and for the duration strictly necessary to support the market concerned.

5.   The Union shall provide part-financing equivalent to 50 % of the expenditure borne by Member States for the measures provided for in paragraph 1.

5.   The Union shall provide part-financing equivalent to 50 %
  and 75 %, respectively,
  of the expenditure borne by Member States for the measures provided for in
  points (a) and (b) of
  paragraph 1.
  These measures may include tax advantages or preferential loans granted to farmers to be financed under Regulation [on Rural Development].

However, with regard to the beef and veal, milk and milk products, pigmeat and sheepmeat and goatmeat sectors, the Union shall provide part-financing equivalent to 60 % of such expenditure when combating foot-and-mouth disease.

However, with regard to the beef and veal, milk and milk products, pigmeat and sheepmeat and goatmeat sectors, the Union shall provide part-financing equivalent to 60 % of such expenditure when combating foot-and-mouth disease.

6.   Member States shall ensure that, where producers contribute to the expenditure borne by Member States, this does not result in distortion of competition between producers in different Member States.

6.   Member States shall ensure that, where producers contribute to the expenditure borne by Member States, this does not result in distortion of competition between producers in different Member States.

Amendment 311

Proposal for a regulation

Article 156

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 156 | Article 156 |
| Measures to resolve specific problems | Measures to resolve specific problems |
| 1.   The Commission shall, by means of
  implementing
  acts,
  adopt
  necessary and justifiable emergency measures to resolve specific problems. Those measures may derogate from the provisions of this Regulation only to an extent that is strictly necessary and for a period that is strictly necessary.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). | 1.   The Commission shall, by means of
  delegated
  acts,
  adopted in accordance with the urgency procedure referred to in Article 161, lay down
  necessary and justifiable emergency measures to resolve specific problems. Those measures may derogate from the provisions of this Regulation only to an extent that is strictly necessary and for a period that is strictly necessary. |
| 2.   To resolve specific problems, on duly justified grounds of urgency, the Commission shall adopt
  immediately applicable implementing
  acts in accordance with the procedure referred to in Article
  162(3)
  . | 2.   To resolve specific problems, on duly justified grounds of
  extreme
  urgency, the Commission shall adopt
  delegated
  acts in accordance with the procedure referred to in Article
  161
  . |

Text proposed by the Commission

Amendment

Article 156

Article 156

Measures to resolve specific problems

Measures to resolve specific problems

1.   The Commission shall, by means of
  implementing
  acts,
  adopt
  necessary and justifiable emergency measures to resolve specific problems. Those measures may derogate from the provisions of this Regulation only to an extent that is strictly necessary and for a period that is strictly necessary.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

1.   The Commission shall, by means of
  delegated
  acts,
  adopted in accordance with the urgency procedure referred to in Article 161, lay down
  necessary and justifiable emergency measures to resolve specific problems. Those measures may derogate from the provisions of this Regulation only to an extent that is strictly necessary and for a period that is strictly necessary.

2.   To resolve specific problems, on duly justified grounds of urgency, the Commission shall adopt
  immediately applicable implementing
  acts in accordance with the procedure referred to in Article
  162(3)
  .

2.   To resolve specific problems, on duly justified grounds of
  extreme
  urgency, the Commission shall adopt
  delegated
  acts in accordance with the procedure referred to in Article
  161
  .

Amendment 312

Proposal for a regulation

Article 156 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 156a |
| | Measures to address severe imbalances in the market for milk and milk products |
| | 1.
     
  From 1 April 2015, in the event of a severe imbalance in the market for milk and milk products, the Commission may adopt implementing acts to grant, for a period of at least three months which period may be extended, aid to milk producers who voluntarily cut their production by at least 5 % compared with the same period in the previous year. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2), |
| | When granting such aid, the Commission shall also adopt implementing acts to impose, for a period of at least three months which may be extended, a levy on milk producers who increase their production by at least 5 % compared with the same period in the previous year. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2), |
| | 2.
     
  When triggering the measure referred to in paragraph 1, the Commission shall take into account the developments of the production costs, particularly the costs of inputs. |
| | 3.
     
  The supply of milk, free of charge, to charitable organisations, as defined in Article 29(3)(b) of COM (2012)0617 under the name ‘partner organisations’, may be deemed to be a cut in production under the conditions laid down by the Commission pursuant to paragraph 4. |
| | 4.
     
  The products of undertakings that have implemented the system referred to in the first subparagraph of paragraph 1, shall be given priority when intervention measures, as referred to in Title I of Part II are taken on the market for milk and milk products. |
| | 5.
     
  Taking into account the need to ensure that this scheme is operated in an effective and appropriate manner, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to establish: |
| | (a) | the criteria to be met in order to be eligible for aid; |

Text proposed by the Commission

Amendment

Article 156a

Measures to address severe imbalances in the market for milk and milk products

1.
     
  From 1 April 2015, in the event of a severe imbalance in the market for milk and milk products, the Commission may adopt implementing acts to grant, for a period of at least three months which period may be extended, aid to milk producers who voluntarily cut their production by at least 5 % compared with the same period in the previous year. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2),

When granting such aid, the Commission shall also adopt implementing acts to impose, for a period of at least three months which may be extended, a levy on milk producers who increase their production by at least 5 % compared with the same period in the previous year. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2),

2.
     
  When triggering the measure referred to in paragraph 1, the Commission shall take into account the developments of the production costs, particularly the costs of inputs.

3.
     
  The supply of milk, free of charge, to charitable organisations, as defined in Article 29(3)(b) of COM (2012)0617 under the name ‘partner organisations’, may be deemed to be a cut in production under the conditions laid down by the Commission pursuant to paragraph 4.

4.
     
  The products of undertakings that have implemented the system referred to in the first subparagraph of paragraph 1, shall be given priority when intervention measures, as referred to in Title I of Part II are taken on the market for milk and milk products.

5.
     
  Taking into account the need to ensure that this scheme is operated in an effective and appropriate manner, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to establish:

(a)

the criteria to be met in order to be eligible for aid;

| (b) | the specific conditions that will trigger implementation of this scheme; |
| --- | --- |

(b)

the specific conditions that will trigger implementation of this scheme;

| (c) | the terms under which free distribution of milk to charitable organisations, as referred to in paragraph 2, may be deemed to be a cut in production; |
| --- | --- |

(c)

the terms under which free distribution of milk to charitable organisations, as referred to in paragraph 2, may be deemed to be a cut in production;

| (d) | the conditions governing the repayment of aid in the event of non-compliance with commitments to cut production, along with any interest due under the relevant rules in force. |
| --- | --- |

(d)

the conditions governing the repayment of aid in the event of non-compliance with commitments to cut production, along with any interest due under the relevant rules in force.

6.
     
  The Commission may adopt implementing acts, fixing the amount of the aid and the size of the levy referred to in paragraph 1.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 313

Proposal for a regulation

Article 156 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 156a |
| | Operational programmes for mountain milk |
| | In order to ensure the rational development of mountain and hill farming and thereby to ensure a fair standard of living for dairy farmers in mountain areas, as from 30 April 2014, in mountain and hill areas, recognised producer organisations, may submit operational programmes to improve the profit margins of these producers, taking into account the specific features of these areas. The Union financial assistance shall be limited to 4,1 % of the value of the marketed production of each producer organisation. However, that percentage may be increased to 4,6 % of the value of the marketed production provided that the amount in excess of 4,1 % of the value of the marketed production is used solely for crisis prevention and management measures. |

Text proposed by the Commission

Amendment

Article 156a

Operational programmes for mountain milk

In order to ensure the rational development of mountain and hill farming and thereby to ensure a fair standard of living for dairy farmers in mountain areas, as from 30 April 2014, in mountain and hill areas, recognised producer organisations, may submit operational programmes to improve the profit margins of these producers, taking into account the specific features of these areas. The Union financial assistance shall be limited to 4,1 % of the value of the marketed production of each producer organisation. However, that percentage may be increased to 4,6 % of the value of the marketed production provided that the amount in excess of 4,1 % of the value of the marketed production is used solely for crisis prevention and management measures.

Amendment 314

Proposal for a regulation

Article 156 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 156b |
| | Measures against market disturbance in the fruit and vegetables sector |
| | 1.
     
  Given the specific and perishable nature of fruit and vegetables, a mechanism shall be established to respond to serious market disturbances; these may be caused by significant falls in internal market prices resulting from health concerns and other causes that lead to sudden drops in demand. |
| | 2.
     
  This mechanism shall be exclusive to the product or products in question, of limited application in time, revisable, automatically activated and accessible to all producers in the sector. |
| | 3.
     
  It shall include the measures listed in points (g), (h) and (d) of Article 31(2) of this Regulation, but they shall be independent of the management of the operational funds used by recognised fruit and vegetables producer organisations. |
| | 4.
     
  The Union shall finance 100 % of the expenditure for the measures provided for in this Article. |
| | 5.
     
  Serious crisis management operations shall be governed by the mechanisms established for crisis management measures under the framework of the operational programmes. Those affected who are not members of a producer organisation shall conclude agreements for the purpose of coordinating crisis management operations, and agree on a certain percentage to be set aside to cover management costs. |
| | 6.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 160 in order to apply the measures provided for in paragraphs 1 and 2 of this Article. |
| | 7.
     
  At the request of Member States, the Commission mayadopt implementing acts, providing for exceptional measures to combat market distruption in the fruit and vegetables sector. The Commission shall ensure that the public is informed when such measures are introduced and is made aware of the products, areas and amount of support in question. In the case of free distribution, the amount of support shall be adjusted. The end of the crisis period shall also be determined, by means of an implementing act, once the case of serious market disturbance has ended. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). |

Text proposed by the Commission

Amendment

Article 156b

Measures against market disturbance in the fruit and vegetables sector

1.
     
  Given the specific and perishable nature of fruit and vegetables, a mechanism shall be established to respond to serious market disturbances; these may be caused by significant falls in internal market prices resulting from health concerns and other causes that lead to sudden drops in demand.

2.
     
  This mechanism shall be exclusive to the product or products in question, of limited application in time, revisable, automatically activated and accessible to all producers in the sector.

3.
     
  It shall include the measures listed in points (g), (h) and (d) of Article 31(2) of this Regulation, but they shall be independent of the management of the operational funds used by recognised fruit and vegetables producer organisations.

4.
     
  The Union shall finance 100 % of the expenditure for the measures provided for in this Article.

5.
     
  Serious crisis management operations shall be governed by the mechanisms established for crisis management measures under the framework of the operational programmes. Those affected who are not members of a producer organisation shall conclude agreements for the purpose of coordinating crisis management operations, and agree on a certain percentage to be set aside to cover management costs.

6.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 160 in order to apply the measures provided for in paragraphs 1 and 2 of this Article.

7.
     
  At the request of Member States, the Commission mayadopt implementing acts, providing for exceptional measures to combat market distruption in the fruit and vegetables sector. The Commission shall ensure that the public is informed when such measures are introduced and is made aware of the products, areas and amount of support in question. In the case of free distribution, the amount of support shall be adjusted. The end of the crisis period shall also be determined, by means of an implementing act, once the case of serious market disturbance has ended. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 315

Proposal for a regulation

Part V — Chapter I — Section 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | |

Text proposed by the Commission

Amendment

Amendment 316

Proposal for a regulation

Article 156 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 156c |
| | Application of Article 101(1) of the Treaty |
| | 1.
     
  During periods of severe imbalance in markets, the Commission may adopt implementing acts to the effect that Article 101(1) of the Treaty shall not apply under any circumstances to agreements, decisions and concerted practices involving recognised producer organisations, associations thereof and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements, decisions or concerted practices seek to stabilise the sector concerned by introducing price fixing and production control measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). |
| | This paragraph shall also apply to agreements, decisions and concerted practices between organisations. |
| | 2.
     
  Paragraph 1 shall apply only if the Commission has already adopted one of the measures referred to in this chapter or it has authorised public intervention or aid for private storage as referred to in Chapter I of Title I of Part II, and if the agreements, decisions and concerted practices referred to in paragraph 1 are considered by the Member State(s) concerned to be justified in the light of the imbalance in the market. |
| | 3.
     
  The agreements, decisions and concerted practices referred to in paragraph 1 shall only be valid for a period of up to six months. However, the the Commission may adopt implementing acts, authorising such agreements, decision and concerted practices for a further period of up to six-months. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2), |

Text proposed by the Commission

Amendment

Article 156c

Application of Article 101(1) of the Treaty

1.
     
  During periods of severe imbalance in markets, the Commission may adopt implementing acts to the effect that Article 101(1) of the Treaty shall not apply under any circumstances to agreements, decisions and concerted practices involving recognised producer organisations, associations thereof and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements, decisions or concerted practices seek to stabilise the sector concerned by introducing price fixing and production control measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

This paragraph shall also apply to agreements, decisions and concerted practices between organisations.

2.
     
  Paragraph 1 shall apply only if the Commission has already adopted one of the measures referred to in this chapter or it has authorised public intervention or aid for private storage as referred to in Chapter I of Title I of Part II, and if the agreements, decisions and concerted practices referred to in paragraph 1 are considered by the Member State(s) concerned to be justified in the light of the imbalance in the market.

3.
     
  The agreements, decisions and concerted practices referred to in paragraph 1 shall only be valid for a period of up to six months. However, the the Commission may adopt implementing acts, authorising such agreements, decision and concerted practices for a further period of up to six-months. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2),

Amendment 317

Proposal for a regulation

Article 157 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   For the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, implementing international agreements, including notification requirements under those agreements, the Commission may in accordance with the procedure referred to in paragraph 2 adopt the necessary measures regarding communications to be made by undertakings, Member States and/or third countries. In so doing it shall take into account the data needs and synergies between potential data sources. | 1.   For the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, implementing international agreements, including notification requirements under those agreements, the Commission may in accordance with the procedure referred to in paragraph 2 adopt the necessary measures regarding communications to be made by undertakings, Member States and/or third countries. In so doing it shall take into account the data needs and synergies between potential data sources
  and shall ensure compliance with the principle according to which personal data must not be further processed in a way incompatible with the original purpose of their collection
  . |

Text proposed by the Commission

Amendment

1.   For the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, implementing international agreements, including notification requirements under those agreements, the Commission may in accordance with the procedure referred to in paragraph 2 adopt the necessary measures regarding communications to be made by undertakings, Member States and/or third countries. In so doing it shall take into account the data needs and synergies between potential data sources.

1.   For the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, implementing international agreements, including notification requirements under those agreements, the Commission may in accordance with the procedure referred to in paragraph 2 adopt the necessary measures regarding communications to be made by undertakings, Member States and/or third countries. In so doing it shall take into account the data needs and synergies between potential data sources
  and shall ensure compliance with the principle according to which personal data must not be further processed in a way incompatible with the original purpose of their collection
  .

Amendment 318

Proposal for a regulation

Article 157 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The information obtained may be transmitted or made available to international organisations, the competent authorities of third countries and may be made public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets, including prices. | The information obtained may be transmitted or made available to international organisations, the competent authorities of third countries and may be made public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets, including prices.
  In particular, the transmission of personal data to international organisations or to the competent authorities of third countries must comply with the provisions of Article 9 of Regulation (EC) No 45/2001 and Articles 25 and 26 of Directive 95/46/EC, and such data may be transmitted only for the purpose of implementing international agreements. |

Text proposed by the Commission

Amendment

The information obtained may be transmitted or made available to international organisations, the competent authorities of third countries and may be made public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets, including prices.

The information obtained may be transmitted or made available to international organisations, the competent authorities of third countries and may be made public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets, including prices.
  In particular, the transmission of personal data to international organisations or to the competent authorities of third countries must comply with the provisions of Article 9 of Regulation (EC) No 45/2001 and Articles 25 and 26 of Directive 95/46/EC, and such data may be transmitted only for the purpose of implementing international agreements.

Amendment 319

Proposal for a regulation

Article 157 — paragraph 2 — point d a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (da) | in respect of personal data, the types of data to be processed, the access rights to such data, the minimum and maximum retention periods and the purpose of processing, in particular in the event of the publication of such data and their transfer to third countries. |

Text proposed by the Commission

Amendment

(da)

in respect of personal data, the types of data to be processed, the access rights to such data, the minimum and maximum retention periods and the purpose of processing, in particular in the event of the publication of such data and their transfer to third countries.

Amendment 320

Proposal for a regulation

Article 157 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 157a |
| | Compulsory declarations in the milk and milk products sector |
| | From 1 April 2015, the first purchasers of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month. |
| | For the purpose of this Article and of Article 104a, a ‘first purchaser’ means an undertaking or group which buys milk from producers in order to: |
| | (a) | subject it to collecting, packing, storing, chilling or processing, including under a contract; |

Text proposed by the Commission

Amendment

Article 157a

Compulsory declarations in the milk and milk products sector

From 1 April 2015, the first purchasers of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month.

For the purpose of this Article and of Article 104a, a ‘first purchaser’ means an undertaking or group which buys milk from producers in order to:

(a)

subject it to collecting, packing, storing, chilling or processing, including under a contract;

| (b) | sell it to one or more undertakings treating or processing milk or other milk products. |
| --- | --- |

(b)

sell it to one or more undertakings treating or processing milk or other milk products.

Member States shall notify the Commission of the quantity of raw milk referred to in the first subparagraph.

The Commission may adopt implementing acts laying down rules on the content, format and timing of such declarations and measures relating to the notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 321

Proposal for a regulation

Article 157 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 157b |
| | Compulsory declarations in the wine sector |
| | 1.
     
  Producers of grapes for wine making and producers of must and wine shall declare to the competent national authorities each year the quantities produced from the last harvest. |
| | 2.
     
  Member States may require merchants of grapes for wine making to declare each year the quantities marketed from the last harvest. |
| | 3.
     
  Producers of must and wine, and merchants other than retailers, shall declare to the competent national authorities each year their stocks of must and wine, whether from the harvest of the current year or from the harvest of preceding years. Must and wine imported from third countries shall be stated separately. |
| | 4.
     
  In order to ensure that the producers and merchants referred to in paragraphs 1, 2 and 3 respect their obligations, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down rules: |
| | (a) | on the content of compulsory declarations and exemptions; |

Text proposed by the Commission

Amendment

Article 157b

Compulsory declarations in the wine sector

1.
     
  Producers of grapes for wine making and producers of must and wine shall declare to the competent national authorities each year the quantities produced from the last harvest.

2.
     
  Member States may require merchants of grapes for wine making to declare each year the quantities marketed from the last harvest.

3.
     
  Producers of must and wine, and merchants other than retailers, shall declare to the competent national authorities each year their stocks of must and wine, whether from the harvest of the current year or from the harvest of preceding years. Must and wine imported from third countries shall be stated separately.

4.
     
  In order to ensure that the producers and merchants referred to in paragraphs 1, 2 and 3 respect their obligations, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down rules:

(a)

on the content of compulsory declarations and exemptions;

| (b) | on the content of the declarations referred to in point (a) and the conditions for submission, as well as exemptions from the obligation to submit the declarations; |
| --- | --- |

(b)

on the content of the declarations referred to in point (a) and the conditions for submission, as well as exemptions from the obligation to submit the declarations;

| (c) | on penalties to be applied where declarations are not submitted to Member States within due time. |
| --- | --- |

(c)

on penalties to be applied where declarations are not submitted to Member States within due time.

5.
     
  The Commission may adopt implementing acts:

| (a) | laying down conditions in relation to the model forms to be used for the compulsory declarations; |
| --- | --- |

(a)

laying down conditions in relation to the model forms to be used for the compulsory declarations;

| (b) | laying down rules on conversion coefficients for products other than wine; |
| --- | --- |

(b)

laying down rules on conversion coefficients for products other than wine;

| (c) | specify the deadlines for submission of compulsory declarations; |
| --- | --- |

(c)

specify the deadlines for submission of compulsory declarations;

| (d) | lay down rules on inspections and reporting by Member States to the Commission. |
| --- | --- |

(d)

lay down rules on inspections and reporting by Member States to the Commission.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 322

Proposal for a regulation

Article 158

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 158 | Article 158 |
| Reporting obligation of the Commission | Reporting obligation of the Commission |
| The Commission shall present a report to the European Parliament and to the Council: | The Commission shall present a report to the European Parliament and to the Council: |
| (a) | every three years after
  2013 on the implementation of the measures concerning the apiculture sector as set out in Articles 52 to 54; |

Text proposed by the Commission

Amendment

Article 158

Article 158

Reporting obligation of the Commission

Reporting obligation of the Commission

The Commission shall present a report to the European Parliament and to the Council:

The Commission shall present a report to the European Parliament and to the Council:

(a)

every three years after
  2013 on the implementation of the measures concerning the apiculture sector as set out in Articles 52 to 54;

| (a) | every three years after
  the entry into force of this Regulation: |
| --- | --- |

(a)

every three years after
  the entry into force of this Regulation:

| | (i) | on the implementation of the measures concerning the apiculture sector as set out in Articles 52 to 54; |
| --- | --- | --- |

(i)

on the implementation of the measures concerning the apiculture sector as set out in Articles 52 to 54;

| | (ii) | on the application of competition rules to the farming and agrifood sector in all the Member States, with particular attention being paid to the application of the exemptions referred to in Articles 144 and 145 and potential disparities in the interpretation and implementation of both national and European competition rules, together with any appropriate proposals; |
| --- | --- | --- |

(ii)

on the application of competition rules to the farming and agrifood sector in all the Member States, with particular attention being paid to the application of the exemptions referred to in Articles 144 and 145 and potential disparities in the interpretation and implementation of both national and European competition rules, together with any appropriate proposals;

| | (iii) | on the steps taken to protect designations of origin and geographical indications against misuse in third countries; |
| --- | --- | --- |

(iii)

on the steps taken to protect designations of origin and geographical indications against misuse in third countries;

| (b) | by 30 June 2014 and also by 31 December 2018 on the development of the market situation in the milk and milk products sector and in particular on the operation of Articles
  104 to 107 and 145
  in that sector covering,
  in particular,
  potential incentives to encourage farmers to enter into joint production agreements together with any appropriate proposals. |
| --- | --- |

(b)

by 30 June 2014 and also by 31 December 2018 on the development of the market situation in the milk and milk products sector and in particular on the operation of Articles
  104 to 107 and 145
  in that sector covering,
  in particular,
  potential incentives to encourage farmers to enter into joint production agreements together with any appropriate proposals.

| (b) | by 30 June 2014 and also by 31 December 2018 on the development of the market situation in the milk and milk products sector and in particular on the operation of Articles
  104a, 105a, 105b and 157a
  in that sector
  , assessing, in particular, the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions, and
  covering, potential incentives to encourage farmers to enter into joint production agreements together with any appropriate proposals; |
| --- | --- |

(b)

by 30 June 2014 and also by 31 December 2018 on the development of the market situation in the milk and milk products sector and in particular on the operation of Articles
  104a, 105a, 105b and 157a
  in that sector
  , assessing, in particular, the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions, and
  covering, potential incentives to encourage farmers to enter into joint production agreements together with any appropriate proposals;

| (ba) | by 31 December 2014: |
| --- | --- |

(ba)

by 31 December 2014:

| | (i) | on the feasibility of introducing specific marketing rules for pigmeat, sheepmeat and goatmeat, outlining the relevant provisions which the Commission proposes to adopt by means of delegated acts; |
| --- | --- | --- |

(i)

on the feasibility of introducing specific marketing rules for pigmeat, sheepmeat and goatmeat, outlining the relevant provisions which the Commission proposes to adopt by means of delegated acts;

| | (ii) | on the introduction of simplified marketing standards tailored to the local animal breeds and plant varieties used and produced by small-scale producers, together with any appropriate proposals for addressing the difficulties experienced by those producers in complying with Union marketing standards; |
| --- | --- | --- |

(ii)

on the introduction of simplified marketing standards tailored to the local animal breeds and plant varieties used and produced by small-scale producers, together with any appropriate proposals for addressing the difficulties experienced by those producers in complying with Union marketing standards;

| | (iii) | on the competitiveness and sustainability of agriculture and agrifood sector, followed by a second report by 31 December 2019; |
| --- | --- | --- |

(iii)

on the competitiveness and sustainability of agriculture and agrifood sector, followed by a second report by 31 December 2019;

| | (iv) | on the development of the market situation and the functioning of the supply chain in the sugar sector, followed by a report by 1 July 2018 on the development of the market situation in the sugar sector, paying particular attention to the appropriate means of discontinuing the current quota system and on the sector’s future after 2020, paying particular attention to the need to ensure a fair contractual system and a sugar price declaration system, together with any appropriate proposals. |
| --- | --- | --- |

(iv)

on the development of the market situation and the functioning of the supply chain in the sugar sector, followed by a report by 1 July 2018 on the development of the market situation in the sugar sector, paying particular attention to the appropriate means of discontinuing the current quota system and on the sector’s future after 2020, paying particular attention to the need to ensure a fair contractual system and a sugar price declaration system, together with any appropriate proposals.

| | (v) | on a simplified scheme for optional reserved terms in the beef and veal sector, paying particular attention to the current framework for voluntary labelling, as well as the appropriate terms relating to breeding, production and feed that can add value in the beef and veal sector, together with any appropriate proposals; |
| --- | --- | --- |

(v)

on a simplified scheme for optional reserved terms in the beef and veal sector, paying particular attention to the current framework for voluntary labelling, as well as the appropriate terms relating to breeding, production and feed that can add value in the beef and veal sector, together with any appropriate proposals;

| (ba) | no later than four years after the entry into force of this Regulation, on the operation and effectiveness of agricultural market management tools, their fitness for purpose in the new international context, with particular attention being paid to their consistency with the objectives laid down in Article 39 of the Treaty, together with any appropriate proposals; |
| --- | --- |

(ba)

no later than four years after the entry into force of this Regulation, on the operation and effectiveness of agricultural market management tools, their fitness for purpose in the new international context, with particular attention being paid to their consistency with the objectives laid down in Article 39 of the Treaty, together with any appropriate proposals;

Amendment 323

Proposal for a regulation

Article 159

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 159 | Article 159 |
| Use of the Reserve | Use of the Reserve |
| Funds transferred from the Reserve for crises in the agricultural sector under the conditions and procedure referred to in paragraph 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management shall be made available for the measures to which this Regulation applies for the year or years for which the additional support is required and which are implemented in circumstances that go beyond normal market developments. | Funds transferred from the Reserve for crises in the agricultural sector under the conditions and procedure referred to in paragraph 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management shall be made available for the measures to which this Regulation applies for the year or years for which the additional support is required and which are implemented in circumstances that go beyond normal market developments. |
| In particular, funds shall be transferred for any expenditure under: | In particular, funds shall be transferred for any expenditure under: |
| (a) | Chapter I of Title I of Part II, |

Text proposed by the Commission

Amendment

Article 159

Article 159

Use of the Reserve

Use of the Reserve

Funds transferred from the Reserve for crises in the agricultural sector under the conditions and procedure referred to in paragraph 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management shall be made available for the measures to which this Regulation applies for the year or years for which the additional support is required and which are implemented in circumstances that go beyond normal market developments.

Funds transferred from the Reserve for crises in the agricultural sector under the conditions and procedure referred to in paragraph 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management shall be made available for the measures to which this Regulation applies for the year or years for which the additional support is required and which are implemented in circumstances that go beyond normal market developments.

In particular, funds shall be transferred for any expenditure under:

In particular, funds shall be transferred for any expenditure under:

(a)

Chapter I of Title I of Part II,

| (a) | Chapter I of Title I of Part II, |
| --- | --- |

(a)

Chapter I of Title I of Part II,

| (b) | Chapter VI of Part III, and |
| --- | --- |

(b)

Chapter VI of Part III, and

| (b) | Chapter VI of Part III, and |
| --- | --- |

(b)

Chapter VI of Part III, and

| (c) | Chapter I of this Part. |
| --- | --- |

(c)

Chapter I of this Part.

| (c) | Chapter I of this Part. |
| --- | --- |

(c)

Chapter I of this Part.

The Commission may, by means of implementing acts, and by way of derogation from the second paragraph of this Article, decide that transfers of funds shall not be made for certain expenditure referred to in point (b) of that paragraph if such expenditure is part of normal market management. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 324

Proposal for a regulation

Article 160 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The
  delegations of power
  referred to in this Regulation shall be conferred on the Commission for
  an indeterminate
  period of
  time
  from the entry into force of this Regulation. | 2.   The
  power to adopt delegated acts
  referred to in this Regulation shall be conferred on the Commission for
  a
  period of
  five
  years from the entry into force of this Regulation.
  The Commission shall draw up a report in respect of the delegated power no 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. |

Text proposed by the Commission

Amendment

2.   The
  delegations of power
  referred to in this Regulation shall be conferred on the Commission for
  an indeterminate
  period of
  time
  from the entry into force of this Regulation.

2.   The
  power to adopt delegated acts
  referred to in this Regulation shall be conferred on the Commission for
  a
  period of
  five
  years from the entry into force of this Regulation.
  The Commission shall draw up a report in respect of the delegated power no 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.

Amendment 325

Proposal for a regulation

Article 163

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 163 | Article 163 |
| Repeals | Repeals |
| 1.   Regulation (EC) No 1234/2007 is repealed. | 1.   Regulation (EC) No 1234/2007 is repealed. |
| However, the following provisions of Regulation (EC) No 1234/2007
  [Regulation (EU) No COM(2010)799]
  shall continue to apply: | However, the following provisions of Regulation (EC) No 1234/2007 shall continue to apply: |
| (a) | as regards the sugar sector, Title I of Part II, Article 142, the first subparagraph of Article 153(1), Article 153(2) and (3), Article 156, Part II of Annex III and Annex VI [Title I of Part II, Articles 248, 260 to 262 and Part II of Annex III of Regulation (EU) No COM(2010)799] until the end of the 2014/2015 marketing year for sugar on 30 September 2015; |

Text proposed by the Commission

Amendment

Article 163

Article 163

Repeals

Repeals

1.   Regulation (EC) No 1234/2007 is repealed.

1.   Regulation (EC) No 1234/2007 is repealed.

However, the following provisions of Regulation (EC) No 1234/2007
  [Regulation (EU) No COM(2010)799]
  shall continue to apply:

However, the following provisions of Regulation (EC) No 1234/2007 shall continue to apply:

(a)

as regards the sugar sector, Title I of Part II, Article 142, the first subparagraph of Article 153(1), Article 153(2) and (3), Article 156, Part II of Annex III and Annex VI [Title I of Part II, Articles 248, 260 to 262 and Part II of Annex III of Regulation (EU) No COM(2010)799] until the end of the 2014/2015 marketing year for sugar on 30 September 2015;

| (b) | the provisions related to the system of milk production limitation set out in Chapter III of Title I of Part II and Annexes IX and X
  [Chapter III of Title I of Part II and Annexes VIII and IX of Regulation (EU) No COM(2010)799]
  , until 31 March 2015; |
| --- | --- |

(b)

the provisions related to the system of milk production limitation set out in Chapter III of Title I of Part II and Annexes IX and X
  [Chapter III of Title I of Part II and Annexes VIII and IX of Regulation (EU) No COM(2010)799]
  , until 31 March 2015;

| (b) | the provisions related to the system of milk production limitation set out in Chapter III of Title I of Part II and Annexes IX and X, until 31 March 2015; |
| --- | --- |

(b)

the provisions related to the system of milk production limitation set out in Chapter III of Title I of Part II and Annexes IX and X, until 31 March 2015;

| (c) | as regards the wine sector: |
| --- | --- |

(c)

as regards the wine sector:

| (c) | as regards the wine sector: |
| --- | --- |

(c)

as regards the wine sector:

| | (i) | Articles 85a to 85e
  [Articles 82 to 87 of Regulation (EU) No COM(2010)799]
  as regards areas referred to in Article 85a(2)
  [Article 82(2) of Regulation (EU) No COM(2010)799]
  which have not yet been grubbed up and as regards areas referred to in Article 85b(1)
  [Article 83(1) of Regulation (EU) No COM(2010)799]
  which have not been regularised until such areas are grubbed up or regularised, |
| --- | --- | --- |

(i)

Articles 85a to 85e
  [Articles 82 to 87 of Regulation (EU) No COM(2010)799]
  as regards areas referred to in Article 85a(2)
  [Article 82(2) of Regulation (EU) No COM(2010)799]
  which have not yet been grubbed up and as regards areas referred to in Article 85b(1)
  [Article 83(1) of Regulation (EU) No COM(2010)799]
  which have not been regularised until such areas are grubbed up or regularised,

| | (i) | Articles 85a to 85e as regards areas referred to in Article 85a(2) which have not yet been grubbed up and as regards areas referred to in Article 85b(1) which have not been regularised until such areas are grubbed up or regularised, |
| --- | --- | --- |

(i)

Articles 85a to 85e as regards areas referred to in Article 85a(2) which have not yet been grubbed up and as regards areas referred to in Article 85b(1) which have not been regularised until such areas are grubbed up or regularised,

| | (ii) | the transitional planting right regime set out in Subsection II of Section IVa of Chapter III of Title I of Part II [Subsection II of Section V of Chapter III of Title I of Part II of Regulation (EU) No COM(2010)799] until 31 December 2015, or, to the extent necessary in order to give effect to any decision taken by Member States under Article 85 g(5) [Article 89(5) of Regulation (EU) No COM(2010)799], until 31 December 2018, |
| --- | --- | --- |

(ii)

the transitional planting right regime set out in Subsection II of Section IVa of Chapter III of Title I of Part II [Subsection II of Section V of Chapter III of Title I of Part II of Regulation (EU) No COM(2010)799] until 31 December 2015, or, to the extent necessary in order to give effect to any decision taken by Member States under Article 85 g(5) [Article 89(5) of Regulation (EU) No COM(2010)799], until 31 December 2018,

| | (iii) | Article 118m(5) and Article 118s(5); |
| --- | --- | --- |

(iii)

Article 118m(5) and Article 118s(5);

| (iii) | Article 118m(5) and Article 118s(5); |
| --- | --- |

(iii)

Article 118m(5) and Article 118s(5);

| (d) | Article 182(7)
  [Article 291(2) of Regulation (EU) No COM(2010)799]
  , until 31 March 2014; |
| --- | --- |

(d)

Article 182(7)
  [Article 291(2) of Regulation (EU) No COM(2010)799]
  , until 31 March 2014;

| (d) | Article 182(7), until 31 March 2014; |
| --- | --- |

(d)

Article 182(7), until 31 March 2014;

| (e) | the first and second subparagraphs of Article 182(3)
  [Article 293 of Regulation (EU) No COM(2010)799]
  until the end of the 2013/2014 marketing year for sugar; |
| --- | --- |

(e)

the first and second subparagraphs of Article 182(3)
  [Article 293 of Regulation (EU) No COM(2010)799]
  until the end of the 2013/2014 marketing year for sugar;

| (e) | the first and second subparagraphs of Article 182(3) until the end of the 2013/2014 marketing year for sugar; |
| --- | --- |

(e)

the first and second subparagraphs of Article 182(3) until the end of the 2013/2014 marketing year for sugar;

| (f) | Article 182(4)
  [Article 294 of Regulation (EU) No COM(2010)799]
  until 31 December 2017.[;] |
| --- | --- |

(f)

Article 182(4)
  [Article 294 of Regulation (EU) No COM(2010)799]
  until 31 December 2017.[;]

| (f) | Article 182(4) until 31 December 2017. |
| --- | --- |

(f)

Article 182(4) until 31 December 2017.

| (g) | Article 326 of Regulation (EU) No COM(2010)799. |
| --- | --- |

(g)

Article 326 of Regulation (EU) No COM(2010)799.

2.   References to Regulation (EC) No 1234/2007
  [Regulation (EU) No COM(2010)799]
  shall be construed as references to this Regulation and to Regulation (EU) No [...] [on the financing, management and monitoring of the common agricultural policy] and be read in accordance with the correlation tables set out in Annex VIII to this Regulation.

2.   References to Regulation (EC) No 1234/2007 shall be construed as references to this Regulation and to Regulation (EU) No [...] [on the financing, management and monitoring of the common agricultural policy] and be read in accordance with the correlation tables set out in Annex VIII to this Regulation.

3.   Council Regulations (EEC) No 234/79, (EC) No 1601/96 and (EC) No 1037/2001 are repealed."

3.   Council Regulations (EEC) No 234/79, (EC) No 1601/96 and (EC) No 1037/2001 are repealed.

(The amendment is based on the COM document COM(2012)0535)

Amendment 326

Proposal for a regulation

Article 163 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 163a |
| | Date of application of marketing rules |
| | In order to ensure legal certainty as regards the application of marketing rules, the Commission shall adopt delegated acts, in accordance with Article 160, to determine the date on which the following provisions of Regulation (EC) No 1234/2007 cease to apply to the sector concerned: |
| | — | Articles 113a, 113b, 114, 115, 116 and 117(1) to (4); |

Text proposed by the Commission

Amendment

Article 163a

Date of application of marketing rules

In order to ensure legal certainty as regards the application of marketing rules, the Commission shall adopt delegated acts, in accordance with Article 160, to determine the date on which the following provisions of Regulation (EC) No 1234/2007 cease to apply to the sector concerned:

—

Articles 113a, 113b, 114, 115, 116 and 117(1) to (4);

| — | subparagraph 2 of point II of Annex XIa, points IV to IX of Annex XIa, paragraph 2 of point IV of Annex XII, subparagraph 2 of point VI of Annex XIII, part A of Annex XIV, paragraphs 2 and 3 of point I of part B of Annex XIV, point III of part B of Annex XIV, part C of Annex XIV and points II, III, IV and VI of Annex XV. |
| --- | --- |

—

subparagraph 2 of point II of Annex XIa, points IV to IX of Annex XIa, paragraph 2 of point IV of Annex XII, subparagraph 2 of point VI of Annex XIII, part A of Annex XIV, paragraphs 2 and 3 of point I of part B of Annex XIV, point III of part B of Annex XIV, part C of Annex XIV and points II, III, IV and VI of Annex XV.

That date shall be the date of application of the corresponding marketing rules to be established pursuant to the delegated acts provided for in Section I of Chapter I of Title II of Part II of this Regulation.

Amendment 327

Proposal for a regulation

Article 164

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 164 | Article 164 |
| Transitional rules | Transitional rules |
| Taking into account the need to ensure the smooth transition from the arrangements provided for in Regulation
  (EU) No [COM(2010)799]
  to those laid down in this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 concerning measures necessary to protect the acquired rights and legitimate expectations of undertakings. | Taking into account the need to ensure the smooth transition from the arrangements provided for in Regulation
  (EC) No 1234/2007
  to those laid down in this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 concerning measures necessary to protect the acquired rights and legitimate expectations of undertakings. |
| | All multiannual aid programmes adopted before 1 January 2014 on the basis of Articles 103, 103i and 105a of Regulation (EC) No 1234/2007 shall continue to be governed by those provisions following the entry into force of this Regulation until those programmes come to an end. |

Text proposed by the Commission

Amendment

Article 164

Article 164

Transitional rules

Transitional rules

Taking into account the need to ensure the smooth transition from the arrangements provided for in Regulation
  (EU) No [COM(2010)799]
  to those laid down in this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 concerning measures necessary to protect the acquired rights and legitimate expectations of undertakings.

Taking into account the need to ensure the smooth transition from the arrangements provided for in Regulation
  (EC) No 1234/2007
  to those laid down in this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 concerning measures necessary to protect the acquired rights and legitimate expectations of undertakings.

All multiannual aid programmes adopted before 1 January 2014 on the basis of Articles 103, 103i and 105a of Regulation (EC) No 1234/2007 shall continue to be governed by those provisions following the entry into force of this Regulation until those programmes come to an end.

Amendment 328

Proposal for a regulation

Article 165

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 165 | Article 165 |
| Entry into force and application | Entry into force and application |
| 1.   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union. | 1.   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union. |
| It shall apply from 1 January 2014. | It shall apply from 1 January 2014. |
| However, Articles 7, 16
  and 101 and Annex III, as regards the sugar sector,
  shall only apply after the end of the
  2014/2015
  marketing year for sugar on 1 October
  2015
  . | However, Articles 7
  and
  16 shall only apply after the end of the
  2019/2020
  marketing year for sugar on 1 October
  2020
  . |
| 2.   As regards the milk and milk products sector, Articles
  104 and
  105 shall apply until 30 June 2020. | 2.   As regards the milk and milk products sector, Articles
  104a,
  105
  , 105b and 157a
  shall apply until 30 June 2020. |

Text proposed by the Commission

Amendment

Article 165

Article 165

Entry into force and application

Entry into force and application

1.   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

1.   This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2014.

It shall apply from 1 January 2014.

However, Articles 7, 16
  and 101 and Annex III, as regards the sugar sector,
  shall only apply after the end of the
  2014/2015
  marketing year for sugar on 1 October
  2015
  .

However, Articles 7
  and
  16 shall only apply after the end of the
  2019/2020
  marketing year for sugar on 1 October
  2020
  .

2.   As regards the milk and milk products sector, Articles
  104 and
  105 shall apply until 30 June 2020.

2.   As regards the milk and milk products sector, Articles
  104a,
  105
  , 105b and 157a
  shall apply until 30 June 2020.

Amendment 329

Proposal for a regulation

Annex I — Part V — product line (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | ex 1207 99 15 |
| | Hemp seeds |
| | — | for sowing |

Text proposed by the Commission

Amendment

ex 1207 99 15

Hemp seeds

—

for sowing

Amendment 330

Proposal for a regulation

Annex I — Part IX

Text proposed by the Commission

| CN Code | Description |
| --- | --- |
| 0702 00 00 | Tomatoes, fresh or chilled |
| 0703 | Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled |
| 0704 | Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled |
| 0705 | Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled |
| 0706 | Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled |
| 0707 00 | Cucumbers and gherkins, fresh or chilled |
| 0708 | Leguminous vegetables, shelled or unshelled, fresh or chilled |
| ex 0709 | Other vegetables, fresh or chilled, excluding vegetables of subheadings 0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31, 0709 90 39 and 0709 90 60 |
| ex 0802 | Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts falling within subheading 0802 90 20 |
| 0803 00 11 | Fresh plantains |
| ex 0803 00 90 | Dried plantains |
| 0804 20 10 | Figs, fresh |
| 0804 30 00 | Pineapples |
| 0804 40 00 | Avocados |
| 0804 50 00 | Guavas, mangos and mangosteens |
| 0805 | Citrus fruit, fresh or dried |
| 0806 10 10 | Fresh table grapes |
| 0807 | Melons (including watermelons) and papaws (papayas), fresh |
| 0808 | Apples, pears and quinces, fresh |
| 0809 | Apricots, cherries, peaches (including nectarines), plums and sloes, fresh |
| 0810 | Other fruit, fresh |
| 0813 50 31
  0813 50 39 | Mixtures exclusively of nuts of headings 0801 and 0802 |
| 0910 20 | Saffron |
| ex 0910 99 | Thyme, fresh or chilled |
| ex 1211 90 85 | Basil, melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh or chilled |
| 1212 99 30 | Locust beans |

CN Code

Description

0702 00 00

Tomatoes, fresh or chilled

0703

Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled

0704

Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled

0705

Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled

0706

Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled

0707 00

Cucumbers and gherkins, fresh or chilled

0708

Leguminous vegetables, shelled or unshelled, fresh or chilled

ex 0709

Other vegetables, fresh or chilled, excluding vegetables of subheadings 0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31, 0709 90 39 and 0709 90 60

ex 0802

Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts falling within subheading 0802 90 20

0803 00 11

Fresh plantains

ex 0803 00 90

Dried plantains

0804 20 10

Figs, fresh

0804 30 00

Pineapples

0804 40 00

Avocados

0804 50 00

Guavas, mangos and mangosteens

0805

Citrus fruit, fresh or dried

0806 10 10

Fresh table grapes

0807

Melons (including watermelons) and papaws (papayas), fresh

0808

Apples, pears and quinces, fresh

0809

Apricots, cherries, peaches (including nectarines), plums and sloes, fresh

0810

Other fruit, fresh

0813 50 31

0813 50 39

Mixtures exclusively of nuts of headings 0801 and 0802

0910 20

Saffron

ex 0910 99

Thyme, fresh or chilled

ex 1211 90 85

Basil, melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh or chilled

1212 99 30

Locust beans

Amendment

| CN Code | Description |
| --- | --- |
| 0702 00 00 | Tomatoes, fresh or chilled |
| 0703 | Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled |
| 0704 | Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled |
| 0705 | Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled |
| 0706 | Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled |
| 0707 00 | Cucumbers and gherkins, fresh or chilled |
| 0708 | Leguminous vegetables, shelled or unshelled, fresh or chilled |
| ex 0709 | Truffles and other vegetables, fresh or chilled, excluding vegetables of subheadings 0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31, 0709 90 39 and 0709 90 60 |
| 071320 00 | Chickpeas (garbanzos) |
| 07 13 40 00 | Lentils |
| 07 14 90 | Yams and Jerusalem artichokes |
| Ex 1214 | Swedes |
| 09 05 00 00 | Vanilla |
| 0906 | Cinnamon and cinnamon-tree flowers |
| 09 07 00 00 | Cloves |
| 09 08 | Nutmeg, mace and cardamoms |
| 09 09 | Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries |
| Ex 0910 | Ginger, turmeric (curcuma), bay leaves, curry and other spices excluding thyme and saffron |
| ex 0802 | Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts falling within subheading 0802 90 20 |
| 0803 00 11 | Fresh plantains |
| ex 0803 00 90 | Dried plantains |
| 0804 20 10 | Figs, fresh |
| 0804 30 00 | Pineapples |
| 0804 40 00 | Avocados |
| 0804 50 00 | Guavas, mangos and mangosteens |
| 0805 | Citrus fruit, fresh or dried |
| 0806 10 10 | Fresh table grapes |
| 0807 | Melons (including watermelons) and papaws (papayas), fresh |
| 0808 | Apples, pears and quinces, fresh |
| 0809 | Apricots, cherries, peaches (including nectarines), plums and sloes, fresh |
| 0810 | Other fruit, fresh |
| 0813 50 31
  0813 50 39 | Mixtures exclusively of nuts of headings 0801 and 0802 |
| 0910 20 | Saffron |
| ex 0910 99 | Thyme, fresh or chilled |
| ex 1211 90 85 | Basil, melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh or chilled |
| 1212 99 30 | Locust beans |

CN Code

Description

0702 00 00

Tomatoes, fresh or chilled

0703

Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled

0704

Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled

0705

Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled

0706

Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled

0707 00

Cucumbers and gherkins, fresh or chilled

0708

Leguminous vegetables, shelled or unshelled, fresh or chilled

ex 0709

Truffles and other vegetables, fresh or chilled, excluding vegetables of subheadings 0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31, 0709 90 39 and 0709 90 60

071320 00

Chickpeas (garbanzos)

07 13 40 00

Lentils

07 14 90

Yams and Jerusalem artichokes

Ex 1214

Swedes

09 05 00 00

Vanilla

0906

Cinnamon and cinnamon-tree flowers

09 07 00 00

Cloves

09 08

Nutmeg, mace and cardamoms

09 09

Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries

Ex 0910

Ginger, turmeric (curcuma), bay leaves, curry and other spices excluding thyme and saffron

ex 0802

Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts falling within subheading 0802 90 20

0803 00 11

Fresh plantains

ex 0803 00 90

Dried plantains

0804 20 10

Figs, fresh

0804 30 00

Pineapples

0804 40 00

Avocados

0804 50 00

Guavas, mangos and mangosteens

0805

Citrus fruit, fresh or dried

0806 10 10

Fresh table grapes

0807

Melons (including watermelons) and papaws (papayas), fresh

0808

Apples, pears and quinces, fresh

0809

Apricots, cherries, peaches (including nectarines), plums and sloes, fresh

0810

Other fruit, fresh

0813 50 31

0813 50 39

Mixtures exclusively of nuts of headings 0801 and 0802

0910 20

Saffron

ex 0910 99

Thyme, fresh or chilled

ex 1211 90 85

Basil, melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh or chilled

1212 99 30

Locust beans

Amendment 331

Proposal for a regulation

Annex I — Part X — product lines (new)

Text proposed by the Commission

| CN Code | Description |
| --- | --- |
| (a) | ex 0710 | Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum or of the genus Pimenta of subheading 0710 80 59 |
| | ex 0711 | Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding olives of subheading 0711 20, fruits of the genus Capsicum or of the genus Pimenta of subheading 0711 90 10 and sweetcorn of subheading 0711 90 30 |
| | ex 0712 | Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, excluding potatoes dehydrated by artificial heat-drying and unfit for human consumption falling within subheading ex 0712 90 05, sweetcorn falling within the subheadings 0712 90 11 and 0712 90 19 and olives falling within subheading ex 0712 90 90 |
| | 0804 20 90 | Dried figs |
| | 0806 20 | Dried grapes |
| | ex 0811 | Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, excluding frozen bananas falling within subheading ex 0811 90 95 |
| | ex 0812 | Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding bananas provisionally preserved falling within subheading ex 0812 90 98 |
| | ex 0813 | Fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter excluding mixtures exclusively of nuts of headings 0801 and 0802 falling within subheadings 0813 50 31 and 0813 50 39 |
| | 0814 00 00 | Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions |
| | 0904 20 10 | Dried sweet peppers, neither crushed nor ground |
| (b) | ex 0811 | Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter |
| | ex 1302 20 | Pectic substances and pectinates |
| | ex 2001 | Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding:






  — | fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 2001 90 20 |

CN Code

Description

(a)

ex 0710

Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum or of the genus Pimenta of subheading 0710 80 59

ex 0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding olives of subheading 0711 20, fruits of the genus Capsicum or of the genus Pimenta of subheading 0711 90 10 and sweetcorn of subheading 0711 90 30

ex 0712

Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, excluding potatoes dehydrated by artificial heat-drying and unfit for human consumption falling within subheading ex 0712 90 05, sweetcorn falling within the subheadings 0712 90 11 and 0712 90 19 and olives falling within subheading ex 0712 90 90

0804 20 90

Dried figs

0806 20

Dried grapes

ex 0811

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, excluding frozen bananas falling within subheading ex 0811 90 95

ex 0812

Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding bananas provisionally preserved falling within subheading ex 0812 90 98

ex 0813

Fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter excluding mixtures exclusively of nuts of headings 0801 and 0802 falling within subheadings 0813 50 31 and 0813 50 39

0814 00 00

Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions

0904 20 10

Dried sweet peppers, neither crushed nor ground

(b)

ex 0811

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter

ex 1302 20

Pectic substances and pectinates

ex 2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding:

—

fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 2001 90 20

| — | sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30 |
| --- | --- |

—

sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30

| — | yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of subheading 2001 90 40 |
| --- | --- |

—

yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of subheading 2001 90 40

| — | palm hearts of subheading 2001 90 60 |
| --- | --- |

—

palm hearts of subheading 2001 90 60

| — | olives of subheading 2001 90 65 |
| --- | --- |

—

olives of subheading 2001 90 65

| — | vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2001 90 97 |
| --- | --- |

—

vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2001 90 97

2002

Tomatoes prepared or preserved otherwise than by vinegar or acetic acid

2003

Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid

ex 2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than the products of heading 2006, excluding sweetcorn (Zea mays var. saccharata) of subheading 2004 90 10, olives of subheading ex 2004 90 30 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2004 10 91

ex 2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 excluding olives of subheading 2005 70 00, sweetcorn (Zea mays var. saccharata) of subheading 2005 80 00 and fruit of the genus Capsicum, other than sweet peppers or pimentos of subheading 2005 99 10 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2005 20 10

ex 2006 00

Fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised), excluding bananas preserved by sugar falling within headings ex 2006 00 38 and ex 2006 00 99

ex 2007

Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter, excluding:

| — | homogenised preparations of bananas of subheading ex 2007 10 |
| --- | --- |

—

homogenised preparations of bananas of subheading ex 2007 10

| — | jams, jellies, marmalades, purée or pastes of bananas of subheadings ex 2007 99 39, ex 2007 99 50 and ex 2007 99 97 |
| --- | --- |

—

jams, jellies, marmalades, purée or pastes of bananas of subheadings ex 2007 99 39, ex 2007 99 50 and ex 2007 99 97

ex 2008

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding:

| — | peanut butter of subheading 2008 11 10 |
| --- | --- |

—

peanut butter of subheading 2008 11 10

| — | palm hearts of subheading 2008 91 00 |
| --- | --- |

—

palm hearts of subheading 2008 91 00

| — | maize of subheading 2008 99 85 |
| --- | --- |

—

maize of subheading 2008 99 85

| — | yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of subheading 2008 99 91 |
| --- | --- |

—

yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of subheading 2008 99 91

| — | vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2008 99 99 |
| --- | --- |

—

vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2008 99 99

| — | mixtures of banana otherwise prepared or preserved of subheadings ex 2008 92 59, ex 2008 92 78, ex 2008 92 93 and ex 2008 92 98 |
| --- | --- |

—

mixtures of banana otherwise prepared or preserved of subheadings ex 2008 92 59, ex 2008 92 78, ex 2008 92 93 and ex 2008 92 98

| — | bananas otherwise prepared or preserved of subheadings ex 2008 99 49, ex 2008 99 67 and ex 2008 99 99 |
| --- | --- |

—

bananas otherwise prepared or preserved of subheadings ex 2008 99 49, ex 2008 99 67 and ex 2008 99 99

ex 2009

Fruit juices (excluding grape juice and grape must of subheadings 2009 61 and 2009 69 and banana juice of subheading ex 2009 80) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter

Amendment

| CN Code | Description |
| --- | --- |
| (a) | ex 0710 | Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum or of the genus Pimenta of subheading 0710 80 59 |
| | ex 0711 | Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding olives of subheading 0711 20, fruits of the genus Capsicum or of the genus Pimenta of subheading 0711 90 10 and sweetcorn of subheading 0711 90 30 |
| | ex 0712 | Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, excluding potatoes dehydrated by artificial heat-drying and unfit for human consumption falling within subheading ex 0712 90 05, sweetcorn falling within the subheadings 0712 90 11 and 0712 90 19 and olives falling within subheading ex 0712 90 90 |
| | 0804 20 90 | Dried figs |
| | 0806 20 | Dried grapes |
| | ex 0811 | Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, excluding frozen bananas falling within subheading ex 0811 90 95 |
| | ex 0812 | Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding bananas provisionally preserved falling within subheading ex 0812 90 98 |
| | ex 0813 | Fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter excluding mixtures exclusively of nuts of headings 0801 and 0802 falling within subheadings 0813 50 31 and 0813 50 39 |
| | 0814 00 00 | Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions |
| | 0904 20 10 | Dried sweet peppers, neither crushed nor ground |
| (b) | ex 0811 | Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter |
| | ex 1302 20 | Pectic substances and pectinates |
| | ex 2001 | Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding:






  — | fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 2001 90 20 |

CN Code

Description

(a)

ex 0710

Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum or of the genus Pimenta of subheading 0710 80 59

ex 0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding olives of subheading 0711 20, fruits of the genus Capsicum or of the genus Pimenta of subheading 0711 90 10 and sweetcorn of subheading 0711 90 30

ex 0712

Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, excluding potatoes dehydrated by artificial heat-drying and unfit for human consumption falling within subheading ex 0712 90 05, sweetcorn falling within the subheadings 0712 90 11 and 0712 90 19 and olives falling within subheading ex 0712 90 90

0804 20 90

Dried figs

0806 20

Dried grapes

ex 0811

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, excluding frozen bananas falling within subheading ex 0811 90 95

ex 0812

Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding bananas provisionally preserved falling within subheading ex 0812 90 98

ex 0813

Fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter excluding mixtures exclusively of nuts of headings 0801 and 0802 falling within subheadings 0813 50 31 and 0813 50 39

0814 00 00

Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions

0904 20 10

Dried sweet peppers, neither crushed nor ground

(b)

ex 0811

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter

ex 1302 20

Pectic substances and pectinates

ex 2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding:

—

fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 2001 90 20

| — | sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30 |
| --- | --- |

—

sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30

| — | yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of subheading 2001 90 40 |
| --- | --- |

—

yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of subheading 2001 90 40

| — | palm hearts of subheading 2001 90 60 |
| --- | --- |

—

palm hearts of subheading 2001 90 60

| — | olives of subheading 2001 90 65 |
| --- | --- |

—

olives of subheading 2001 90 65

| — | vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2001 90 97 |
| --- | --- |

—

vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2001 90 97

2002

Tomatoes prepared or preserved otherwise than by vinegar or acetic acid

2003

Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid

ex 2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than the products of heading 2006, excluding sweetcorn (Zea mays var. saccharata) of subheading 2004 90 10, olives of subheading ex 2004 90 30 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2004 10 91

ex 2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 excluding olives of subheading 2005 70 00, sweetcorn (Zea mays var. saccharata) of subheading 2005 80 00 and fruit of the genus Capsicum, other than sweet peppers or pimentos of subheading 2005 99 10 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2005 20 10

ex 2006 00

Fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised), excluding bananas preserved by sugar falling within headings ex 2006 00 38 and ex 2006 00 99

ex 2007

Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter, excluding:

| — | homogenised preparations of bananas of subheading ex 2007 10 |
| --- | --- |

—

homogenised preparations of bananas of subheading ex 2007 10

| — | jams, jellies, marmalades, purée or pastes of bananas of subheadings ex 2007 99 39, ex 2007 99 50 and ex 2007 99 97 |
| --- | --- |

—

jams, jellies, marmalades, purée or pastes of bananas of subheadings ex 2007 99 39, ex 2007 99 50 and ex 2007 99 97

ex 2008

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding:

| — | peanut butter of subheading 2008 11 10 |
| --- | --- |

—

peanut butter of subheading 2008 11 10

| — | palm hearts of subheading 2008 91 00 |
| --- | --- |

—

palm hearts of subheading 2008 91 00

| — | maize of subheading 2008 99 85 |
| --- | --- |

—

maize of subheading 2008 99 85

| — | yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of subheading 2008 99 91 |
| --- | --- |

—

yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of subheading 2008 99 91

| — | vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2008 99 99 |
| --- | --- |

—

vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2008 99 99

| — | mixtures of banana otherwise prepared or preserved of subheadings ex 2008 92 59, ex 2008 92 78, ex 2008 92 93 and ex 2008 92 98 |
| --- | --- |

—

mixtures of banana otherwise prepared or preserved of subheadings ex 2008 92 59, ex 2008 92 78, ex 2008 92 93 and ex 2008 92 98

| — | bananas otherwise prepared or preserved of subheadings ex 2008 99 49, ex 2008 99 67 and ex 2008 99 99 |
| --- | --- |

—

bananas otherwise prepared or preserved of subheadings ex 2008 99 49, ex 2008 99 67 and ex 2008 99 99

ex 2009

Fruit juices (excluding grape juice and grape must of subheadings 2009 61 and 2009 69 and banana juice of subheading ex 2009 80) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter

ex 0910

dried thyme

ex 1211

dried, whole, cut, crushed or powdered, basil, melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary and sage

ex 0904

pepper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers falling within subheading 0904 20 10

ex220600

cider

Amendment 332

Proposal for a regulation

Annex I — Part XV — sub-part a — CN code 0201 — indents (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| 0201 — Meat of bovine animals, fresh or chilled | 0201 — Meat of bovine animals, fresh or chilled: |
| | — | 0201 10 00 — Carcases and half-carcases |

Text proposed by the Commission

Amendment

0201 — Meat of bovine animals, fresh or chilled

0201 — Meat of bovine animals, fresh or chilled:

—

0201 10 00 — Carcases and half-carcases

| — | 0201 20 — other cuts with bone in: |
| --- | --- |

—

0201 20 — other cuts with bone in:

| — | 0201 20 20 — ‘compensated’ quarters |
| --- | --- |

—

0201 20 20 — ‘compensated’ quarters

| — | 0201 20 30 — separated or unseparated forequarters |
| --- | --- |

—

0201 20 30 — separated or unseparated forequarters

| — | 0201 20 50 — separated or unseparated hindquarters |
| --- | --- |

—

0201 20 50 — separated or unseparated hindquarters

Amendment 351

Proposal for a regulation

Annex I — Part XXI — point 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a. | Raw alcohol with an alcohol content of less than 96 % by volume which retains the organoleptic qualities associated with the basic raw materials used in its production shall be treated as ethyl alcohol within the meaning of point 1 provided that the raw alcohol in question is, after further processing, marketed or used as ethyl alcohol within the meaning of point 1. |

Text proposed by the Commission

Amendment

1a.

Amendment 333

Proposal for a regulation

Annex II — Part I a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Part Ia: Definitions concerning the sugar sector |
| | 1. | ‘White sugars’ means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, 99,5 % or more by weight of sucrose, determined by the polarimetric method. |

Text proposed by the Commission

Amendment

Part Ia: Definitions concerning the sugar sector

1.

| 2. | ‘Raw sugars’ means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, less than 99,5 % by weight of sucrose, determined by the polarimetric method. |
| --- | --- |

2.

| 3. | ‘Isoglucose’ means the product obtained from glucose or its polymers, with a content by weight in the dry state of at least 10 % fructose. |
| --- | --- |

3.

| 4. | ‘Inulin syrup’ means the immediate product obtained by hydrolysis of inulin or oligofructoses, containing in the dry state at least 10 % fructose in free form or as sucrose, and expressed as sugar/isoglucose equivalents. In order to avoid restrictions on the market for products with low sweetening power produced by inulin fibre processors without inulin syrup quota, this definition may be amended by the Commission. |
| --- | --- |

4.

| 5. | ‘Quota sugar’, ‘quota isoglucose’ and ‘quota inulin syrup’ mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year under the quota of the undertaking concerned. |
| --- | --- |

5.

| 6. | ‘Industrial sugar’ means any quantity of sugar production attributed to a specific marketing year over and above the sugar quantity referred to in point 5, intended for the production by the industry of one of the products referred to in Article 101m(2). |
| --- | --- |

6.

| 7. | ‘Industrial isoglucose’ and ‘industrial inulin syrup’ mean any quantity of isoglucose or inulin syrup production attributed to a specific marketing year, intended for the production by the industry of one of the products referred to in Article 101m(2). |
| --- | --- |

7.

| 8. | ‘Surplus sugar’, ‘surplus isoglucose’ and ‘surplus inulin syrup’ mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year over and above the respective quantities referred to in points 5, 6 and 7. |
| --- | --- |

8.

| 9. | ‘Quota beet’ means all sugar beet processed into quota sugar. |
| --- | --- |

9.

| 10. | ‘Delivery contract’ means a contract concluded between a seller and an undertaking for the delivery of beet for the manufacture of sugar. |
| --- | --- |

10.

| 11. | ‘Agreement within the trade’ means one of the following: |
| --- | --- |

11.

| (a) | an agreement concluded at Union level, prior to the conclusion of any delivery contract, between a group of national undertakings' organisations on the one hand and a group of national sellers' organisations on the other; |
| --- | --- |

(a)

an agreement concluded at Union level, prior to the conclusion of any delivery contract, between a group of national undertakings' organisations on the one hand and a group of national sellers' organisations on the other;

| (b) | an agreement concluded, prior to the conclusion of any delivery contract, between undertakings or an undertakings' organisation recognised by the Member State concerned on the one hand and a sellers' association recognised by the Member State concerned on the other; |
| --- | --- |

(b)

an agreement concluded, prior to the conclusion of any delivery contract, between undertakings or an undertakings' organisation recognised by the Member State concerned on the one hand and a sellers' association recognised by the Member State concerned on the other;

| (c) | in the absence of any agreement as referred to in point (a) or (b), the law on companies and the law on cooperatives, in so far as they govern the delivery of sugar beet by the shareholders or members of a company or cooperative manufacturing sugar; |
| --- | --- |

(c)

in the absence of any agreement as referred to in point (a) or (b), the law on companies and the law on cooperatives, in so far as they govern the delivery of sugar beet by the shareholders or members of a company or cooperative manufacturing sugar;

| (d) | in the absence of any agreement as referred to in point (a) or (b), the arrangements existing before the conclusion of any delivery contract, provided the sellers accepting the arrangement supply at least 60 % of the total beet bought by the undertaking for the manufacture of sugar in one or more factories; |
| --- | --- |

(d)

in the absence of any agreement as referred to in point (a) or (b), the arrangements existing before the conclusion of any delivery contract, provided the sellers accepting the arrangement supply at least 60 % of the total beet bought by the undertaking for the manufacture of sugar in one or more factories;

| 12. | ‘Full-time refiner’ means a production unit: |
| --- | --- |

12.

| — | of which the sole activity consists of refining imported raw cane sugar, or |
| --- | --- |

—

of which the sole activity consists of refining imported raw cane sugar, or

| — | which refined in the marketing year 2004/2005 a quantity of at least 15 000 tonnes of imported raw cane sugar. For the purpose of this indent, in the case of Croatia the marketing year shall be that of 2007/2008. |
| --- | --- |

—

which refined in the marketing year 2004/2005 a quantity of at least 15 000 tonnes of imported raw cane sugar. For the purpose of this indent, in the case of Croatia the marketing year shall be that of 2007/2008.

Amendment 334

Proposal for a regulation

Annex II — Part VIII — point 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1. | ‘Honey’ means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature. |

Text proposed by the Commission

Amendment

1.

‘Honey’ means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature.

| 1. | ‘Honey’ means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature.
  Honey consists essentially of different sugars, predominantly fructose and glucose, as well as other substances such as organic acids, enzymes and solid particles derived from honey collection, including pollen, while none of these substances and particles can be considered an ingredient of honey. |
| --- | --- |

1.

‘Honey’ means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature.
  Honey consists essentially of different sugars, predominantly fructose and glucose, as well as other substances such as organic acids, enzymes and solid particles derived from honey collection, including pollen, while none of these substances and particles can be considered an ingredient of honey.

Amendment 335

Proposal for a regulation

Annex II — Part VIII — point 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2. | ‘Apiculture products’ means honey, beeswax, royal jelly, propolis
  or
  pollen. |

Text proposed by the Commission

Amendment

2.

‘Apiculture products’ means honey, beeswax, royal jelly, propolis
  or
  pollen.

| 2. | ‘Apiculture products’ means honey, beeswax, royal jelly, propolis
  and
  pollen. |
| --- | --- |

2.

‘Apiculture products’ means honey, beeswax, royal jelly, propolis
  and
  pollen.

‘Beeswax’ means lipid natural matter prepared from secretions of the wax glands of Apis mellifera worker bees and used in manufacturing honeycombs.

‘Royal jelly’ means the natural substance secreted by the hypopharyngeal and mandibular glands of Apis mellifera nurse worker bees, designed to feed the larvae and the queen and to which no other substance may be added.

‘Propolis’ means the substance collected from certain plants and subsequently transformed by Apis mellifera worker bees, to which their own secretions (mainly wax and salivary secretions) are added in order to use it as mortar.

‘Pollen’ means a compact substance, more or less spherical, resulting from the agglutination of the male gametes of flowers by means of nectar, salivary secretions and the mechanical action of the third pair of legs of Apis mellifera worker bees, which is collected and transformed in the form of balls of pollen in order to be deposited and subsequently stored in the hive, and to which no other substance may be added.

‘Honeycomb pollen or bee bread’ means balls of pollen scattered by bees in honeycomb cells which have undergone certain natural transformations through the presence of enzymes and micro-organisms; this pollen can be covered with honey.

Amendment 336

Proposal for a regulation

Annex III — Title

| Text proposed by the Commission | Amendment |
| --- | --- |
| ANNEX III | ANNEX III |
| STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLE 7 | STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLE 7
  AND ARTICLE 101G |

Text proposed by the Commission

Amendment

ANNEX III

ANNEX III

STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLE 7

STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLE 7
  AND ARTICLE 101G

Amendment 337

Proposal for a regulation

Annex III a (new)

Text proposed by the Commission

Amendment

ANNEX IIIa

UNION SCALES FOR THE CLASSIFICATION OF CARCASSES REFERRED TO IN ARTICLE 7

A:

     

  Union scale for the classification of carcasses of adult bovine animals

I.
     
  Definitions

The following definitions shall apply:

| 1. | ‘carcass’: the whole body of a slaughtered animal as presented after bleeding, evisceration and skinning; |
| --- | --- |

1.

‘carcass’: the whole body of a slaughtered animal as presented after bleeding, evisceration and skinning;

| 2. | ‘half-carcass’: the product obtained by separating the carcass referred to in point (1) symmetrically through the middle of each cervical, dorsal, lumbar and sacral vertebra and through the middle of the sternum and the ischiopubic symphysis. |
| --- | --- |

2.

‘half-carcass’: the product obtained by separating the carcass referred to in point (1) symmetrically through the middle of each cervical, dorsal, lumbar and sacral vertebra and through the middle of the sternum and the ischiopubic symphysis.

II.
     
  Categories

The carcases of adult bovine animals shall be divided into the following categories:

A: carcasses of uncastrated young male animals of less than two years of age;

B: carcasses of other uncastrated male animals;

C: carcasses of castrated male animals;

D: carcasses of female animals that have calved;

E: carcasses of other female animals.

III.
     
  Classification

The carcasses shall be classified by successive assessment of:

| 1. | Conformation, defined as follows:



  Development of carcass profiles, in particular the essential parts (round, back, shoulder)










  Conformation class | Description |
| --- | --- | --- |
| S




  Superior | All profiles extremely convex; exceptional muscle development (double muscled carcass type) |
| E




  Excellent | All profiles convex to super-convex; exceptional muscle development |
| U




  Very good | Profiles on the whole convex; very good muscle development |
| R




  Good | Profiles on the whole straight; good muscle development |
| O




  Fair | Profiles straight to concave; average muscle development |
| P




  Poor | All profiles concave to very concave; poor muscle development |

1.

Development of carcass profiles, in particular the essential parts (round, back, shoulder)

Conformation class

Description

S

Superior

All profiles extremely convex; exceptional muscle development (double muscled carcass type)

E

Excellent

All profiles convex to super-convex; exceptional muscle development

U

Very good

Profiles on the whole convex; very good muscle development

R

Good

Profiles on the whole straight; good muscle development

O

Fair

Profiles straight to concave; average muscle development

P

Poor

All profiles concave to very concave; poor muscle development

| 2. | Fat cover, defined as follows:



  Amount of fat on the outside of the carcass and in the thoracic cavity










  Class of fat cover | Description |
| --- | --- | --- |
| 1




  low | None up to low fat cover |
| 2




  slight | Slight fat cover, flesh visible almost everywhere |
| 3




  average | Flesh with the exception of the round and shoulder, almost everywhere covered with fat, slight deposits of fat in the thoracic cavity |
| 4




  high | Flesh covered with fat, but on the round and shoulder still partly visible, some distinctive fat deposits in the thoracic cavity |
| 5




  very high | Entire carcass covered with fat; heavy deposits in the thoracic cavity |

2.

Amount of fat on the outside of the carcass and in the thoracic cavity

Class of fat cover

Description

1

low

None up to low fat cover

2

slight

Slight fat cover, flesh visible almost everywhere

3

average

Flesh with the exception of the round and shoulder, almost everywhere covered with fat, slight deposits of fat in the thoracic cavity

4

high

Flesh covered with fat, but on the round and shoulder still partly visible, some distinctive fat deposits in the thoracic cavity

5

very high

Entire carcass covered with fat; heavy deposits in the thoracic cavity

Member States shall be authorised to subdivide each of the classes that are provided for in points 1 and 2 into a maximum of three subclasses.

IV.
     
  Presentation

Carcasses and half-carcasses shall be presented:

| 1. | without the head and without the feet; the head shall be separated from the carcass at the atloido-occipital joint and the feet shall be severed at the carpametacarpal or tarsometatarsal joints, |
| --- | --- |

1.

without the head and without the feet; the head shall be separated from the carcass at the atloido-occipital joint and the feet shall be severed at the carpametacarpal or tarsometatarsal joints,

| 2. | without the organs contained in the thoracic and abdominal cavities with or without the kidneys, the kidney fat and the pelvic fat, |
| --- | --- |

2.

without the organs contained in the thoracic and abdominal cavities with or without the kidneys, the kidney fat and the pelvic fat,

| 3. | without the sexual organs and the attached muscles and without the udder or the mammary fat. |
| --- | --- |

3.

without the sexual organs and the attached muscles and without the udder or the mammary fat.

V.
     
  Classification and identification

Slaughterhouses approved under Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council shall take measures to ensure that all carcasses or half-carcasses from adult bovine animals slaughtered in such slaughterhouses and bearing a health mark provided for Article 5(2) in conjunction with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council are classified and identified in accordance with the Union scale.

Before identification by marking, Member States may grant authorisation to have the external fat removed from the carcasses or half-carcasses if this is justified by the fat cover.

B:

     

  Union scale for the classification of pig carcasses

I.
     
  Definition

‘Carcass’ shall mean the body of a slaughtered pig, bled and eviscerated, whole or divided down the mid-line.

II.
     
  Classification

Carcasses shall be divided into classes according to their estimated lean-meat content and classified accordingly:

| Classes | Lean meat as percentage of carcass weight |
| --- | --- |
| S | 60 or more

   (9) |
| E | 55 and more |
| U | 50 or more but less than 55 |
| R | 45 or more but less than 50 |
| O | 40 or more but less than 45 |
| P | less than 40 |

Classes

Lean meat as percentage of carcass weight

S

60 or more

   (9)

E

55 and more

U

50 or more but less than 55

R

45 or more but less than 50

O

40 or more but less than 45

P

less than 40

III.
     
  Presentation

Carcasses shall be presented without tongue, bristles, hooves, genital organs, flare fat, kidneys and diaphragm.

IV.
     
  Lean-meat content

| 1. | The lean-meat content shall be assessed by means grading methods authorised by the Commission. Only statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcass may be authorised. Authorisation of grading methods shall be subject to compliance with a maximum tolerance for statistical error in assessment. |
| --- | --- |

1.

| 2. | However, the commercial value of the carcasses shall not be determined solely by their estimated lean-meat content. |
| --- | --- |

2.

V.
     
  Identification of carcasses

Unless otherwise provided for by the Commission, classified carcasses shall be identified by marking in accordance with the Union scale.

C:

     

  Union scale for the classification of sheep carcasses

I.
     
  Definition

As regards the terms ‘carcass’ and ‘half-carcass’ the definitions laid down in point A.I shall apply.

II.
     
  Categories

The carcasses shall be divided into the following categories:

A: carcasses of sheep under 12 months old,

B: carcasses of other sheep.

III.
     
  Classification

| 1. | The carcasses shall be classified by way of application of the provisions in point A.III mutatis mutandis. However, the term ‘round’ in point A.III.1 and in rows 3 and 4 of the table under point A.III.2. shall be replaced by the term ‘hindquarter’. |
| --- | --- |

1.

| 2. | By way of derogation from point 1, for lambs of less than 13 kg carcass weight, the Commission may adopt implementing acts, , authorising the Member States to use the following criteria for classification:









  (a) | carcass weight; |
| --- | --- | --- |

2.

(a)

carcass weight;

| (b) | colour of meat; |
| --- | --- |

(b)

colour of meat;

| (c) | fat cover. |
| --- | --- |

(c)

fat cover.

Those implementing acts shall be adopted without applying the procedure referred to in Articles 162(2) and (3).

IV.
     
  Presentation

Carcasses and half-carcasses shall be presented without the head (severed at the atlantooccipital joint), the feet (severed at the carpometacarpal or tarso-metatarsal joints), the tail (severed between the sixth and seventh caudal vertebrae), the udder, the genitalia, the liver and the pluck. Kidneys and kidney fat are included in the carcass.

V.
     
  Identification of carcasses

Classified carcasses and half-carcasses shall be identified by marking in accordance with the Union scale.

Amendment 338

Proposal for a regulation

Annex III b (new)

Text proposed by the Commission

Amendment

ANNEX IIIb

NATIONAL AND REGIONAL QUOTAS FOR THE PRODUCTION OF SUGAR, ISOGLUCOSE AND INULIN SYRUP AS REFERRED TO IN ARTICLE 101H

| (in tonnes) |
| --- |
| Member States or regions




  (1) | Sugar




  (2) | Isoglucose




  (3) | Inulin syrup




  (4) |
| Belgium | 676 235,0 | 114 580,2 | 0 |
| Bulgaria | 0 | 89 198,0 | |
| Czech Republic | 372 459,3 | | |
| Denmark | 372 383,0 | | |
| Germany | 2 898 255,7 | 56 638,2 | |
| Ireland | 0 | | |
| Greece | 158 702,0 | 0 | |
| Spain | 498 480,2 | 53 810,2 | |
| France (metropolitan) | 3 004 811,15 | | 0 |
| French overseas departments | 432 220,05 | | |
| Italy | 508 379,0 | 32 492,5 | |
| Latvia | 0 | | |
| Lithuania | 90 252,0 | | |
| Hungary | 105 420,0 | 250 265,8 | |
| Netherlands | 804 888,0 | 0 | 0 |
| Austria | 351 027,4 | | |
| Poland | 1 405 608,1 | 42 861,4 | |
| Portugal (mainland) | 0 | 12 500,0 | |
| Autonomous Region of the Azores | 9 953,0 | | |
| Romania | 104 688,8 | 0 | |
| Slovenia | 0 | | |
| Slovakia | 112 319,5 | 68 094,5 | |
| Finland | 80 999,0 | 0 | |
| Sweden | 293 186,0 | | |
| United Kingdom | 1 056 474,0 | 0 | |
| Croatia | p.m. | p.m. | p.m. |
| TOTAL | 13 336 741,2 | 720 440,8 | 0 |

(in tonnes)

Member States or regions

(1)

Sugar

(2)

Isoglucose

(3)

Inulin syrup

(4)

Belgium

676 235,0

114 580,2

0

Bulgaria

0

89 198,0

Czech Republic

372 459,3

Denmark

372 383,0

Germany

2 898 255,7

56 638,2

Ireland

0

Greece

158 702,0

0

Spain

498 480,2

53 810,2

France (metropolitan)

3 004 811,15

0

French overseas departments

432 220,05

Italy

508 379,0

32 492,5

Latvia

0

Lithuania

90 252,0

Hungary

105 420,0

250 265,8

Netherlands

804 888,0

0

0

Austria

351 027,4

Poland

1 405 608,1

42 861,4

Portugal (mainland)

0

12 500,0

Autonomous Region of the Azores

9 953,0

Romania

104 688,8

0

Slovenia

0

Slovakia

112 319,5

68 094,5

Finland

80 999,0

0

Sweden

293 186,0

United Kingdom

1 056 474,0

0

Croatia

p.m.

p.m.

p.m.

TOTAL

13 336 741,2

720 440,8

0

Amendment 339

Proposal for a regulation

Annex III c (new)

Text proposed by the Commission

Amendment

ANNEX IIIc

DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS IN ACCORDANCE WITH ARTICLE 101K

I

For the purpose of this Annex:

| (a) | ‘merger of undertakings’ means the consolidation of two or more undertakings into a single undertaking; |
| --- | --- |

(a)

‘merger of undertakings’ means the consolidation of two or more undertakings into a single undertaking;

| (b) | ‘transfer of an undertaking’ means the transfer or absorption of the assets of an undertaking having quota to one or more undertakings; |
| --- | --- |

(b)

‘transfer of an undertaking’ means the transfer or absorption of the assets of an undertaking having quota to one or more undertakings;

| (c) | ‘transfer of a factory’ means the transfer of ownership of a technical unit, including all the plant required to manufacture the product concerned, to one or more undertakings, resulting in the partial or total absorption of the production of the undertaking making the transfer; |
| --- | --- |

(c)

‘transfer of a factory’ means the transfer of ownership of a technical unit, including all the plant required to manufacture the product concerned, to one or more undertakings, resulting in the partial or total absorption of the production of the undertaking making the transfer;

| (d) | ‘lease of a factory’ means the leasehold contract of a technical unit including all the plant required for the manufacture of sugar, with a view to its operation, concluded for a period of at least three consecutive marketing years, which the parties agree not to terminate before the end of the third marketing year, with an undertaking which is established in the same Member State as the factory concerned, if, after the lease takes effect, the undertaking which rents the factory can be considered a solely sugar-producing undertaking for its entire production. |
| --- | --- |

(d)

‘lease of a factory’ means the leasehold contract of a technical unit including all the plant required for the manufacture of sugar, with a view to its operation, concluded for a period of at least three consecutive marketing years, which the parties agree not to terminate before the end of the third marketing year, with an undertaking which is established in the same Member State as the factory concerned, if, after the lease takes effect, the undertaking which rents the factory can be considered a solely sugar-producing undertaking for its entire production.

II

| 1. | Without prejudice to point 2, in the event of the merger or transfer of sugar-producing undertakings or the transfer of sugar factories, the quota shall be adjusted as follows:









  (a) | in the event of the merger of sugar-producing undertakings, the Member States shall allocate to the undertaking resulting from the merger a quota equal to the sum of the quotas allocated prior to the merger to the sugar-producing undertakings concerned; |
| --- | --- | --- |

1.

(a)

in the event of the merger of sugar-producing undertakings, the Member States shall allocate to the undertaking resulting from the merger a quota equal to the sum of the quotas allocated prior to the merger to the sugar-producing undertakings concerned;

| (b) | in the event of the transfer of a sugar-producing undertaking, the Member State shall allocate the quota of the transferred undertaking to the transferee undertaking for the production of sugar or, if there is more than one transferee undertaking, the allocation shall be made in proportion to the sugar production absorbed by each of them; |
| --- | --- |

(b)

in the event of the transfer of a sugar-producing undertaking, the Member State shall allocate the quota of the transferred undertaking to the transferee undertaking for the production of sugar or, if there is more than one transferee undertaking, the allocation shall be made in proportion to the sugar production absorbed by each of them;

| (c) | in the event of the transfer of a sugar factory, the Member State shall reduce the quota of the undertaking transferring ownership of the factory and shall increase the quota of the sugar-producing undertaking or undertakings purchasing the factory in question by the quantity deducted in proportion to the production absorbed. |
| --- | --- |

(c)

in the event of the transfer of a sugar factory, the Member State shall reduce the quota of the undertaking transferring ownership of the factory and shall increase the quota of the sugar-producing undertaking or undertakings purchasing the factory in question by the quantity deducted in proportion to the production absorbed.

| 2. | Where a number of the sugar-beet or cane growers directly affected by one of the operations referred to in point 1 expressly show their willingness to supply their beet or cane to a sugar-producing undertaking which is not party to those operations, the Member State may make the allocation on the basis of the production absorbed by the undertaking to which they intend to supply their beet or cane. |
| --- | --- |

2.

| 3. | In the event of closure, in circumstances other than those referred to in point 1, of:









  (a) | a sugar-producing undertaking, |
| --- | --- | --- |

3.

(a)

a sugar-producing undertaking,

| (b) | one or more factories of a sugar-producing undertaking. |
| --- | --- |

(b)

one or more factories of a sugar-producing undertaking.

The Member State may allocate the part of the quotas involved in such closure to one or more sugar-producing undertakings.

Also in the case referred to in point (b) of the first subparagraph, where some of the producers concerned expressly show their willingness to supply their beet or cane to a given sugar-producing undertaking, the Member State may allocate the proportion of the quotas corresponding to the beet or cane concerned to the undertaking which they intend to supply with those products.

| 4. | Where the derogation referred to in Article 101(5) is invoked, the Member State concerned may require the beet growers and the sugar undertakings concerned by that derogation to include in their agreements within the trade special clauses enabling the Member State to apply points 2 and 3 of this Section. |
| --- | --- |

4.

| 5. | In the event of the lease of a factory belonging to a sugar-producing undertaking, the Member State may reduce the quota of the undertaking offering the factory for rent and allocate the portion by which the quota was reduced to the undertaking which rents the factory in order to produce sugar in it.



  If the lease is terminated during the period of three marketing years referred to in point I (d) the adjustment of quota under the first subparagraph of this point shall be cancelled retroactively by the Member State as at the date on which the lease took effect. However, if the lease is terminated by reason of force majeure, the Member State shall not be bound to cancel the adjustment. |
| --- | --- |

5.

If the lease is terminated during the period of three marketing years referred to in point I (d) the adjustment of quota under the first subparagraph of this point shall be cancelled retroactively by the Member State as at the date on which the lease took effect. However, if the lease is terminated by reason of force majeure, the Member State shall not be bound to cancel the adjustment.

| 6. | Where a sugar-producing undertaking can no longer ensure that it meets its obligations under Union legislation towards the sugar-beet or cane producers concerned, and where that situation has been ascertained by the competent authorities of the Member State concerned, the latter may allocate for one or more marketing years the part of the quotas involved to one or more sugar-producing undertakings in proportion to the production absorbed. |
| --- | --- |

6.

| 7. | Where a Member State grants a sugar producing undertaking price and outlet guarantees for processing sugar beet into ethyl alcohol, that Member State may, in agreement with that undertaking and the beet growers concerned, allocate all or part of the sugar production quotas to one or more other undertakings for one or more marketing years. |
| --- | --- |

7.

III

In the event of the merger or transfer of isoglucose-producing undertakings or the transfer of an isoglucose-producing factory, the Member State may allocate the quotas involved for the production of isoglucose to one or more other undertakings, whether or not they have a production quota.

IV

The measures taken pursuant to Sections II and III may take effect only if the following conditions are met:

| (a) | the interests of each of the parties concerned are taken into consideration; |
| --- | --- |

(a)

the interests of each of the parties concerned are taken into consideration;

| (b) | the Member State concerned considers that they are likely to improve the structure of the beet, cane and sugar-manufacturing sectors; |
| --- | --- |

(b)

the Member State concerned considers that they are likely to improve the structure of the beet, cane and sugar-manufacturing sectors;

| (c) | they concern undertakings established in the same territory for which the quota is set in Annex IIIb. |
| --- | --- |

(c)

they concern undertakings established in the same territory for which the quota is set in Annex IIIb.

V

When the merger or transfer occurs between 1 October and 30 April of the following year, the measures referred to in Sections II and III shall take effect for the current marketing year.

When the merger or transfer occurs between 1 May and 30 September of the same year, the measures referred to in Sections II and III shall take effect for the following marketing year.

VI

Where Sections II and III are applied, Member States shall inform the Commission of the adjusted quotas not later than 15 days after the expiry of the periods referred to in Section V.

Amendment 340

Proposal for a regulation

Annex III d (new)

Text proposed by the Commission

Amendment

ANNEX III d

Purchase terms for beets, referred to in Article 101

POINT I

For the purposes of this Annex ‘Contracting Parties’ means:

| (a) | sugar undertakings (hereinafter referred to as manufacturers), and |
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(a)

sugar undertakings (hereinafter referred to as manufacturers), and

| (b) | beet sellers (hereinafter referred to as sellers). |
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(b)

beet sellers (hereinafter referred to as sellers).

POINT II

| 1. | Delivery contracts shall be made in writing for a specified quantity of quota beet. |
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1.

| 2. | Delivery contracts shall specify whether an additional quantity of beet may be supplied, and under what terms. |
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2.

POINT III

| 1. | Delivery contracts shall indicate the purchase prices for the quantities of beet referred to in point (a) and, if appropriate, point (b), of Article 101(2a) of this Regulation. In the case of the quantities referred to in point (a) of Article 101(2a), those prices may not be lower than the minimum price for quota beet referred to in Article 101 g(1). |
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1.

| 2. | Delivery contracts shall lay down a fixed sugar content for beet. They shall include a conversion scale showing the different sugar contents and factors for converting the quantities of beet supplied into quantities corresponding to the sugar content shown in the delivery contract.



  The scale shall be based on the yields corresponding to the different sugar contents. |
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2.

The scale shall be based on the yields corresponding to the different sugar contents.

| 3. | Where a seller has signed a delivery contract with a manufacturer for the delivery of beet as referred to in point (a) of Article 101(2a), all deliveries by that seller, converted in accordance with paragraph 2 of this Point, shall be considered to be deliveries within the meaning of point (a) of Article 101(2a), up to the quantity of beet specified in the delivery contract. |
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3.

| 4. | Manufacturers producing a quantity of sugar lower than their quota beet for which they have signed pre-sowing delivery contracts under point (a) of Article 101(2a), shall distribute the quantity of beet corresponding to any additional production up to the amount of their quota among the sellers with whom they have signed pre-sowing delivery contracts within the meaning of point (a) of Article 101(2a).



  Agreements within the trade may derogate from this provision. |
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4.

Agreements within the trade may derogate from this provision.

POINT IV

| 1. | Delivery contracts shall contain provisions concerning the staggering and normal duration of beet deliveries. |
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1.

| 2. | Provisions referred to in paragraph 1 shall be those applicable during the previous marketing year, taking account of the level of actual production; agreements within the trade may derogate therefrom. |
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2.

POINT V

| 1. | Delivery contracts shall provide for beet collection places. |
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1.

| 2. | Where sellers and manufacturers have already signed a delivery contract for the previous marketing year, the collection places agreed upon by them for deliveries during that marketing year shall remain in operation. Agreements within the trade may derogate from this provision. |
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2.

| 3. | Delivery contracts shall provide that loading and transport costs from the collection places are to be borne by the manufacturer subject to special agreements based on local rules or usages in operation before the previous marketing year. |
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3.

| 4. | However, in Denmark, Greece, Spain, Ireland, Portugal, Finland and the United Kingdom, where beet is delivered free-at-factory, delivery contracts shall require manufacturers to contribute to loading and transport costs and shall stipulate the percentage or amounts. |
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4.

POINT VI

| 1. | Delivery contracts shall provide for reception points for beet. |
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1.

| 2. | Where sellers and manufacturers have already signed a delivery contract for the previous marketing year, the reception points agreed upon by them for deliveries during that marketing year shall remain in operation. Agreements within the trade may derogate from this provision. |
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2.

POINT VII

| 1. | Delivery contracts shall provide for the sugar content to be determined using the polarimetric method. A sample of the beet shall be drawn at the time of reception. |
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1.

| 2. | Agreements within the trade may provide for samples to be drawn at another stage. In such cases, the delivery contract shall provide for a correction to compensate for any drop in the sugar content between the reception and the drawing of the sample. |
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2.

POINT VIII

Delivery contracts shall provide for gross weight, tare and sugar content to be determined using one of the following procedures:

| (a) | jointly, by the manufacturer and the beet growers' trade organisation, if an agreement within the trade so provides; |
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(a)

jointly, by the manufacturer and the beet growers' trade organisation, if an agreement within the trade so provides;

| (b) | by the manufacturer, under the supervision of the beet growers' trade organisation; |
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(b)

by the manufacturer, under the supervision of the beet growers' trade organisation;

| (c) | by the manufacturer, under the supervision of an expert recognised by the Member State concerned, provided the seller defrays the costs thereof. |
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(c)

by the manufacturer, under the supervision of an expert recognised by the Member State concerned, provided the seller defrays the costs thereof.

POINT IX

| 1. | Delivery contracts shall require manufacturers to do one or more of the following for the whole quantity of beet delivered:









  (a) | to return the fresh pulp from the tonnage of beet delivered free of charge to the seller, ex-factory; |
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1.

(a)

to return the fresh pulp from the tonnage of beet delivered free of charge to the seller, ex-factory;

| (b) | to return part of that pulp, pressed, dried or dried and molassed, free of charge to the seller, ex-factory; |
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(b)

to return part of that pulp, pressed, dried or dried and molassed, free of charge to the seller, ex-factory;

| (c) | to return the pulp, pressed or dried, to the seller, ex-factory; in this case, the manufacturer may require the seller to pay the pressing or drying costs; |
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(c)

to return the pulp, pressed or dried, to the seller, ex-factory; in this case, the manufacturer may require the seller to pay the pressing or drying costs;

| (d) | to pay the seller compensation which takes account of the possibilities of selling the pulp concerned. |
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(d)

to pay the seller compensation which takes account of the possibilities of selling the pulp concerned.

When parts of the whole quantity of beet delivered are subject to different treatment, the delivery contract shall impose more than one of the obligations provided for in the first subparagraph.

| 2. | Agreements within the trade may provide for pulp to be delivered at a stage other than that referred to in paragraph 1(a), (b) and (c). |
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2.

POINT X

| 1. | Delivery contracts shall fix the time limits for any advance payments and for payment of the purchase price for beet. |
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1.

| 2. | The time limits referred to in paragraph 1 shall be those valid during the previous marketing year. Agreements within the trade may derogate from this provision. |
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2.

POINT XI

Where delivery contracts lay down rules covering matters which are dealt with in this Annex, or where they contain provisions governing other matters, their provisions and effects shall not conflict with this Annex.

POINT XII

| 1. | Agreements in the trade as described in Annex II, Part Ia, point 11 to this Regulation shall contain arbitration clauses. |
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1.

| 2. | Where agreements within the trade at Community, regional or local level lay down rules covering matters which are dealt with in this Regulation, or where they contain provisions governing other matters, their provisions and effects shall not conflict with this Annex. |
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2.

| 3. | Agreements referred to in paragraph 2 lay down, in particular:









  (a) | rules on the distribution to sellers of quantities of beet which the manufacturer decides to buy prior to sowing, for the manufacture of sugar within the limits of the quota; |
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3.

(a)

rules on the distribution to sellers of quantities of beet which the manufacturer decides to buy prior to sowing, for the manufacture of sugar within the limits of the quota;

| (b) | rules on distribution as referred to in Point III(4); |
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(b)

rules on distribution as referred to in Point III(4);

| (c) | the conversion scale referred to in Point III(2); |
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(c)

the conversion scale referred to in Point III(2);

| (d) | rules on the choice and supply of seeds of the varieties of beet to be produced; |
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(d)

rules on the choice and supply of seeds of the varieties of beet to be produced;

| (e) | the minimum sugar content of beet to be delivered; |
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(e)

the minimum sugar content of beet to be delivered;

| (f) | a requirement for consultation between the manufacturer and the sellers' representatives before the starting date of beet deliveries is fixed; |
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(f)

a requirement for consultation between the manufacturer and the sellers' representatives before the starting date of beet deliveries is fixed;

| (g) | the payment of premiums to sellers for early or late deliveries; |
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(g)

the payment of premiums to sellers for early or late deliveries;

| (h) | details of:










  (i) | the part of the pulp referred to in Point IX(1)(b), |
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(h)

details of:

(i)

the part of the pulp referred to in Point IX(1)(b),

| (ii) | the costs referred to in Point IX(1)(c), |
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(ii)

the costs referred to in Point IX(1)(c),

| (iii) | the compensation referred to in Point IX(1)(d); |
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(iii)

the compensation referred to in Point IX(1)(d);

| (i) | the removal of pulp by the seller; |
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(i)

the removal of pulp by the seller;

| (j) | without prejudice to Article 101 g(1) of this Regulation, rules on how any difference between the reference price and the actual selling price of the sugar is to be allocated between the manufacturer and sellers. |
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(j)

without prejudice to Article 101 g(1) of this Regulation, rules on how any difference between the reference price and the actual selling price of the sugar is to be allocated between the manufacturer and sellers.

POINT XIII

Where there is no set agreement within the trade as to how the quantities of beet intended for the manufacture of sugar within the quota limits which the manufacturer offers to buy before sowing should be allocated among the sellers, the Member State concerned may itself lay down rules for such allocation.

Those rules may also grant to traditional sellers of beet to cooperatives delivery rights other than those which they would enjoy if they belonged to such cooperatives.

Amendment 341

Proposal for a regulation

Annex VI — Part II — point 17 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (17a) | Crémant means white or rosé quality sparkling wine with protected designations of origin, or with a geographical indication of a third country, produced under the following conditions: |

Text proposed by the Commission

Amendment

(17a)

| (a) | the grapes are harvested manually; |
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(a)

the grapes are harvested manually;

| (b) | the wine is made from must obtained by pressing whole or destemmed grapes; the quantity of must obtained not exceeding 100 litres for every150 kg of grapes; |
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(b)

the wine is made from must obtained by pressing whole or destemmed grapes; the quantity of must obtained not exceeding 100 litres for every150 kg of grapes;

| (c) | the maximum sulphur dioxide content does not exceed 150 mg/l; |
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(c)

the maximum sulphur dioxide content does not exceed 150 mg/l;

| (d) | the sugar content is less than 50 g/l; |
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(d)

the sugar content is less than 50 g/l;

| (e) | the wine was made sparkling by a second alcoholic fermentation in the bottle; |
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(e)

the wine was made sparkling by a second alcoholic fermentation in the bottle;

| (f) | the wine stayed without interruption in contact with the lees for at least nine months in the same undertaking from the time when the cuvée was constituted; |
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(f)

the wine stayed without interruption in contact with the lees for at least nine months in the same undertaking from the time when the cuvée was constituted;

| (g) | the wine was separated from the lees by disgorging. |
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(g)

the wine was separated from the lees by disgorging.

The term ‘Crémant’ shall be indicated on labels of quality sparkling wines in combination with the name of the geographical unit underlying the demarcated area of the protected designation of origin, or the geographical indication of a third country, in question.

Neither point (a) of the first paragraph nor the second paragraph shall apply to producers with trade marks including the word ‘crémant’ that were registered before 1 March 1986.

Amendment 342

Proposal for a regulation

Annex VI — Part III — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| | |
| 2. | For the purposes of this Part, ‘milk products’ means products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent. |

Text proposed by the Commission

Amendment

2.

For the purposes of this Part, ‘milk products’ means products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent.

| 2. | For the purposes of this Part, ‘milk products’ means products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent. |
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2.

For the purposes of this Part, ‘milk products’ means products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent.

The following shall be reserved exclusively for milk products.

The following shall be reserved exclusively for milk products.

| (a) | the following names used at all stages of marketing: |
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(a)

the following names used at all stages of marketing:

| (a) | the following names used at all stages of marketing: |
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(a)

the following names used at all stages of marketing:

| | (i) | whey, |
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(i)

whey,

| | (i) | whey, |
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(i)

whey,

| | (ii) | cream, |
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(ii)

cream,

| | (ii) | cream, |
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(ii)

cream,

| | (iii) | butter, |
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(iii)

butter,

| | (iii) | butter, |
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(iii)

butter,

| | (iv) | buttermilk, |
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(iv)

buttermilk,

| | (iv) | buttermilk, |
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(iv)

buttermilk,

| | (v) | butteroil, |
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(v)

butteroil,

| | (v) | butteroil, |
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(v)

butteroil,

| | (vi) | caseins, |
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(vi)

caseins,

| | (vi) | caseins, |
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(vi)

caseins,

| | (vii) | anhydrous milkfat (AMF), |
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(vii)

anhydrous milkfat (AMF),

| | (vii) | anhydrous milkfat (AMF), |
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(vii)

anhydrous milkfat (AMF),

| | (viii) | cheese, |
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(viii)

cheese,

| | (viii) | cheese, |
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(viii)

cheese,

| | (ix) | yogurt, |
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(ix)

yogurt,

| | (ix) | yogurt, |
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(ix)

yogurt,

| | (x) | kephir, |
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(x)

kephir,

| | (x) | kephir, |
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(x)

kephir,

| | (xi) | koumiss, |
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(xi)

koumiss,

| | (xi) | koumiss, |
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(xi)

koumiss,

| | (xii) | viili/fil, |
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(xii)

viili/fil,

| | (xii) | viili/fil, |
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(xii)

viili/fil,

| | (xiii) | smetana, |
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(xiii)

smetana,

| | (xiii) | smetana, |
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(xiii)

smetana,

| | (xiv) | fil; |
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(xiv)

fil;

| | (xiv) | fil; |
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(xiv)

fil;

| | (xiva) | curd, |
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(xiva)

curd,

| | (xivb) | sour cream, |
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(xivb)

sour cream,

| | (xivc) | rjaženka, |
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(xivc)

rjaženka,

| | (xivd) | rūgušpiens; |
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(xivd)

rūgušpiens;

| (b) | names within the meaning of Article 5 of Directive 2000/13/EC actually used for milk products. |
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(b)

names within the meaning of Article 5 of Directive 2000/13/EC actually used for milk products.

| (b) | names within the meaning of Article 5 of Directive 2000/13/EC actually used for milk products. |
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(b)

names within the meaning of Article 5 of Directive 2000/13/EC actually used for milk products.

Amendment 343

Proposal for a regulation

Annex VI — Part V — Section II

| Text proposed by the Commission | Amendment |
| --- | --- |
| II | Definitions |

Text proposed by the Commission

Amendment

II

Definitions

| II | Definitions |
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II

Definitions

| (1) | ‘poultrymeat’ means poultrymeat suitable for human consumption, which has not undergone any treatment other than cold treatment; |
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(1)

‘poultrymeat’ means poultrymeat suitable for human consumption, which has not undergone any treatment other than cold treatment;

| (1) | ‘poultrymeat’ means poultrymeat suitable for human consumption, which has not undergone any treatment other than cold treatment; |
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(1)

‘poultrymeat’ means poultrymeat suitable for human consumption, which has not undergone any treatment other than cold treatment;

| (2) | ‘fresh poultrymeat’ means poultrymeat which has not been stiffened at any time by the cooling process prior to being kept at a temperature not below — 2 oC and not higher than + 4 oC. However, Member States may lay down slightly different temperature requirements for the minimum length of time necessary for the cutting and handling of fresh poultrymeat performed in retail shops or in premises adjacent to sales points, where the cutting and handling are performed solely for the purpose of supplying the consumer directly on the spot; |
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(2)

‘fresh poultrymeat’ means poultrymeat which has not been stiffened at any time by the cooling process prior to being kept at a temperature not below — 2 oC and not higher than + 4 oC. However, Member States may lay down slightly different temperature requirements for the minimum length of time necessary for the cutting and handling of fresh poultrymeat performed in retail shops or in premises adjacent to sales points, where the cutting and handling are performed solely for the purpose of supplying the consumer directly on the spot;

| (2) | ‘fresh poultrymeat’ means poultrymeat which has not been stiffened at any time by the cooling process prior to being kept at a temperature not below — 2 oC and not higher than + 4 oC. However, Member States may lay down slightly different temperature requirements for the minimum length of time necessary for the cutting and handling of fresh poultrymeat performed in retail shops or in premises adjacent to sales points, where the cutting and handling are performed solely for the purpose of supplying the consumer directly on the spot; |
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(2)

‘fresh poultrymeat’ means poultrymeat which has not been stiffened at any time by the cooling process prior to being kept at a temperature not below — 2 oC and not higher than + 4 oC. However, Member States may lay down slightly different temperature requirements for the minimum length of time necessary for the cutting and handling of fresh poultrymeat performed in retail shops or in premises adjacent to sales points, where the cutting and handling are performed solely for the purpose of supplying the consumer directly on the spot;

| (3) | ‘frozen poultrymeat’ means poultrymeat which must be frozen as soon as possible within the constraints of normal slaughtering procedures and is to be kept at a temperature no higher than — 12 oC at any time |
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(3)

‘frozen poultrymeat’ means poultrymeat which must be frozen as soon as possible within the constraints of normal slaughtering procedures and is to be kept at a temperature no higher than — 12 oC at any time

| (3) | ‘frozen poultrymeat’ means poultrymeat which must be frozen as soon as possible within the constraints of normal slaughtering procedures and is to be kept at a temperature no higher than — 12 oC at any time |
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(3)

‘frozen poultrymeat’ means poultrymeat which must be frozen as soon as possible within the constraints of normal slaughtering procedures and is to be kept at a temperature no higher than — 12 oC at any time

| (4) | ‘quick-frozen poultrymeat’ means poultrymeat which is to be kept at a temperature no higher than - 18 oC at any time within the tolerances as provided for in Council Directive 89/108/EEC . |
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(4)

‘quick-frozen poultrymeat’ means poultrymeat which is to be kept at a temperature no higher than - 18 oC at any time within the tolerances as provided for in Council Directive 89/108/EEC .

| (4) | ‘quick-frozen poultrymeat’ means poultrymeat which is to be kept at a temperature no higher than - 18 oC at any time within the tolerances as provided for in Council Directive 89/108/EEC . |
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(4)

‘quick-frozen poultrymeat’ means poultrymeat which is to be kept at a temperature no higher than - 18 oC at any time within the tolerances as provided for in Council Directive 89/108/EEC .

| (5) | ‘poultrymeat preparation’ means poultrymeat including poultrymeat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat; |
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(5)

‘poultrymeat preparation’ means poultrymeat including poultrymeat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat;

| (5) | ‘poultrymeat preparation’ means poultrymeat including poultrymeat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat; |
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(5)

‘poultrymeat preparation’ means poultrymeat including poultrymeat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat;

| (6) | ‘fresh poultrymeat preparation’ means a poultrymeat preparation for which fresh poultrymeat has been used. |
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(6)

‘fresh poultrymeat preparation’ means a poultrymeat preparation for which fresh poultrymeat has been used.

| (6) | ‘fresh poultrymeat preparation’ means a poultrymeat preparation for which fresh poultrymeat has been used. |
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(6)

‘fresh poultrymeat preparation’ means a poultrymeat preparation for which fresh poultrymeat has been used.

However, Member States may lay down slightly different temperature requirements to be applied for the minimum length of time necessary and only to the extent necessary to facilitate the cutting and handling performed in the factory during the production of fresh poultrymeat preparations;

However, Member States may lay down slightly different temperature requirements to be applied for the minimum length of time necessary and only to the extent necessary to facilitate the cutting and handling performed in the factory during the production of fresh poultrymeat preparations;

| (7) | ‘poultrymeat product’ means a meat product as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004 for which poultrymeat has been used. |
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(7)

‘poultrymeat product’ means a meat product as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004 for which poultrymeat has been used.

| (7) | ‘poultrymeat product’ means a meat product as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004 for which poultrymeat has been used. |
| --- | --- |

(7)

‘poultrymeat product’ means a meat product as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004 for which poultrymeat has been used.

Poultrymeat shall be marketed in one of the following conditions:

| — | fresh, |
| --- | --- |

—

fresh,

| — | frozen, |
| --- | --- |

—

frozen,

| — | quick-frozen. |
| --- | --- |

—

quick-frozen.

Amendment 344

Proposal for a regulation

Annex VI — Part V a (new)

Text proposed by the Commission

Amendment

Part Va. Eggs of hens of the Gallus gallus species

I.
     
  Scope

| (1) | This Part of the Annex applies to the marketing within the Union of the eggs produced in the Union, imported from third countries or intended for export outside the Union. |
| --- | --- |

(1)

| (2) | Member States may exempt from the requirements provided for in this Part of this Annex, with the exception of point III(3), eggs sold directly to the final consumer by the producer:









  (a) | on the production site, or |
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(2)

(a)

on the production site, or

| (b) | in a local public market or by door-to-door selling in the region of production of the Member State concerned. |
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(b)

in a local public market or by door-to-door selling in the region of production of the Member State concerned.

Where such exemption is granted, each producer shall be able to choose whether to apply such exemption or not. Where this exemption is applied, no quality and weight grading may be used.

The Member State may establish, according to national law, the definition of the terms ‘local public market’, ‘door-to-door selling’ and ‘region of production’.

II.
     
  Quality and weight grading

| 1) | Eggs shall be graded by quality as follows:







  — | Class A or ‘fresh’, |
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1)

—

Class A or ‘fresh’,

| — | Class B. |
| --- | --- |

—

Class B.

| 2. | Class A eggs shall also be graded by weight. However, grading by weight shall not be required for eggs delivered to the food and non-food industry. |
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2.

| 3. | Class B eggs shall only be delivered to the food and non-food industry. |
| --- | --- |

3.

III.
     
  Marking of eggs

| 1. | Class A eggs shall be marked with the producer code.



  Class B eggs shall be marked with the producer code and/or with another indication.




  Member States may exempt Class B eggs from this requirement where those eggs are marketed exclusively on their territory. |
| --- | --- |

1.

Class B eggs shall be marked with the producer code and/or with another indication.

Member States may exempt Class B eggs from this requirement where those eggs are marketed exclusively on their territory.

| 2. | The marking of eggs in accordance with point 1 shall take place at the production site or at the first packing centre to which eggs are delivered. |
| --- | --- |

2.

| 3. | Eggs sold by the producer to the final consumer on a local public market in the region of production of the Member State concerned shall be marked in accordance with point 1.



  However, Member States may exempt from this requirement producers with up to 50 laying hens, provided that the name and address of the producer are indicated at the point of sale. |
| --- | --- |

3.

However, Member States may exempt from this requirement producers with up to 50 laying hens, provided that the name and address of the producer are indicated at the point of sale.

Amendment 345

Proposal for a regulation

Annex VI — Part VI

| Text proposed by the Commission | Amendment |
| --- | --- |
| Part VI. Spreadable fats | Part VI. Spreadable fats |
| | I. | Sales description |

Text proposed by the Commission

Amendment

Part VI. Spreadable fats

Part VI. Spreadable fats

I.

The products referred to in Article 60 may not be supplied or transferred without processing to the ultimate consumer either directly or through restaurants, hospitals, canteens or similar establishments, unless they meet the requirements set out in the Annex.

The products referred to in Article 60 may not be supplied or transferred without processing to the ultimate consumer either directly or through restaurants, hospitals, canteens or similar establishments, unless they meet the requirements set out in the Annex.

The sales descriptions of these products shall be those specified in this Part.

The sales descriptions of these products shall be those specified in this Part.

The sales descriptions below shall be reserved to the products defined therein with the following CN codes and having a fat content of at least 10 % but less than 90 % by weight:

The sales descriptions below shall be reserved to the products defined therein with the following CN codes and having a fat content of at least 10 % but less than 90 % by weight:

| (a) | milk fats falling within CN codes 0405 and ex2106; |
| --- | --- |

(a)

milk fats falling within CN codes 0405 and ex2106;

| (a) | milk fats falling within CN codes 0405 and ex2106; |
| --- | --- |

(a)

milk fats falling within CN codes 0405 and ex2106;

| (b) | fats falling within CN code ex1517; |
| --- | --- |

(b)

fats falling within CN code ex1517;

| (b) | fats falling within CN code ex1517; |
| --- | --- |

(b)

fats falling within CN code ex1517;

| (c) | fats composed of plant and/or animal products falling within CN codes ex 1517 and ex 2106. |
| --- | --- |

(c)

fats composed of plant and/or animal products falling within CN codes ex 1517 and ex 2106.

| (c) | fats composed of plant and/or animal products falling within CN codes ex 1517 and ex 2106. |
| --- | --- |

(c)

fats composed of plant and/or animal products falling within CN codes ex 1517 and ex 2106.

The fat content excluding salt shall be at least two-thirds of the dry matter.

The fat content excluding salt shall be at least two-thirds of the dry matter.

However, these sales descriptions shall only apply to products which remain solid at a temperature of 20 oC, and which are suitable for use as spreads.

However, these sales descriptions shall only apply to products which remain solid at a temperature of 20 oC, and which are suitable for use as spreads.

These definitions shall not apply to:

These definitions shall not apply to:

| (a) | the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product; |
| --- | --- |

(a)

the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product;

| (a) | the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product; |
| --- | --- |

(a)

the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product;

| (b) | concentrated products (butter, margarine, blends) with a fat content of 90 % or more. |
| --- | --- |

(b)

concentrated products (butter, margarine, blends) with a fat content of 90 % or more.

| (b) | concentrated products (butter, margarine, blends) with a fat content of 90 % or more. |
| --- | --- |

(b)

concentrated products (butter, margarine, blends) with a fat content of 90 % or more.

| II. | Terminology |
| --- | --- |

II.

| 1. | The term ‘traditional’ may be used together with the name ‘butter’ provided for in point 1 of part A of the Appendix, where the product is obtained directly from milk or cream.



  For the purposes of this point, ‘cream’ means the product obtained from milk in the form of an emulsion of the oil-in-water type with a milk-fat content of at least 10 %. |
| --- | --- |

1.

For the purposes of this point, ‘cream’ means the product obtained from milk in the form of an emulsion of the oil-in-water type with a milk-fat content of at least 10 %.

| 2. | Terms for products referred to in the Appendix which state, imply or suggest fat content other than those referred to in that Appendix shall be prohibited. |
| --- | --- |

2.

| 3. | By way of derogation from paragraph 2 and in addition:









  (a) | the term ‘reduced-fat’ may be used for products referred to in the Appendix with a fat content of more than 41 % but not more than 62 %; |
| --- | --- | --- |

3.

(a)

the term ‘reduced-fat’ may be used for products referred to in the Appendix with a fat content of more than 41 % but not more than 62 %;

| (b) | the terms ‘low-fat’ or ‘light’ may be used for products referred to in the Appendix with a fat content of 41 % or less. |
| --- | --- |

(b)

the terms ‘low-fat’ or ‘light’ may be used for products referred to in the Appendix with a fat content of 41 % or less.

The term ‘reduced-fat’ and the terms ‘low-fat’ or ‘light’ may, however, replace respectively the terms ‘three-quarter-fat’ or ‘half-fat’ used in the Appendix.

Amendment 346

Proposal for a regulation

Annex VII

| Text proposed by the Commission | Amendment |
| --- | --- |
| ANNEX VII | ANNEX VII |
| OENOLOGICAL PRACTICES REFERRED TO IN ARTICLE 62 | OENOLOGICAL PRACTICES REFERRED TO IN ARTICLE 62 |
| Part I | Part I |
| Enrichment, acidification and de-acidification in certain wine-growing zones | Enrichment, acidification and de-acidification in certain wine-growing zones |
| [...] | [...] |
| C. | Acidification and de-acidification |

Text proposed by the Commission

Amendment

ANNEX VII

ANNEX VII

OENOLOGICAL PRACTICES REFERRED TO IN ARTICLE 62

OENOLOGICAL PRACTICES REFERRED TO IN ARTICLE 62

Part I

Part I

Enrichment, acidification and de-acidification in certain wine-growing zones

Enrichment, acidification and de-acidification in certain wine-growing zones

[...]

[...]

C.

Acidification and de-acidification

| C. | Acidification and de-acidification |
| --- | --- |

C.

Acidification and de-acidification

| 1. | Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to: |
| --- | --- |

1.

Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to:

| 1. | Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to: |
| --- | --- |

1.

Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to:

| (a) | de-acidification in wine-growing zones A, B and C I; |
| --- | --- |

(a)

de-acidification in wine-growing zones A, B and C I;

| (a) | de-acidification in wine-growing zones A, B and C I; |
| --- | --- |

(a)

de-acidification in wine-growing zones A, B and C I;

| (b) | acidification and de-acidification in wine-growing zones C I, C II and C III (a), without prejudice to point 7 of this Section; or |
| --- | --- |

(b)

acidification and de-acidification in wine-growing zones C I, C II and C III (a), without prejudice to point 7 of this Section; or

| (b) | acidification and de-acidification in wine-growing zones C I, C II and C III (a), without prejudice to point 7 of this Section; or |
| --- | --- |

(b)

acidification and de-acidification in wine-growing zones C I, C II and C III (a), without prejudice to point 7 of this Section; or

| (c) | acidification in wine-growing zone C III (b). |
| --- | --- |

(c)

acidification in wine-growing zone C III (b).

| (c) | acidification in wine-growing zone C III (b). |
| --- | --- |

(c)

acidification in wine-growing zone C III (b).

| 2. | Acidification of the products, other than wine, referred to in point 1 may be carried out only up to a limit of 1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre. |
| --- | --- |

2.

Acidification of the products, other than wine, referred to in point 1 may be carried out only up to a limit of 1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre.

| 2. | Acidification of the products, other than wine, referred to in point 1 may be carried out only up to a limit of 1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre. |
| --- | --- |

2.

Acidification of the products, other than wine, referred to in point 1 may be carried out only up to a limit of 1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre.

| 3. | Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or 33,3 milliequivalents per litre. |
| --- | --- |

3.

Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or 33,3 milliequivalents per litre.

| 3. | Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or 33,3 milliequivalents per litre. |
| --- | --- |

3.

Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or 33,3 milliequivalents per litre.

| 4. | De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequivalents per litre. |
| --- | --- |

4.

De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequivalents per litre.

| 4. | De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequivalents per litre. |
| --- | --- |

4.

De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequivalents per litre.

| 5. | Grape must intended for concentration may be partially de-acidified. |
| --- | --- |

5.

Grape must intended for concentration may be partially de-acidified.

| 5. | Grape must intended for concentration may be partially de-acidified. |
| --- | --- |

5.

Grape must intended for concentration may be partially de-acidified.

| 6. | Notwithstanding point 1, in years when climatic conditions have been exceptional, Member States may authorise acidification of the products referred to in point 1 in wine-growing zones A and B, under the conditions referred to in points 2 and 3 of this Section. |
| --- | --- |

6.

Notwithstanding point 1, in years when climatic conditions have been exceptional, Member States may authorise acidification of the products referred to in point 1 in wine-growing zones A and B, under the conditions referred to in points 2 and 3 of this Section.

| 6. | Notwithstanding point 1, in years when climatic conditions have been exceptional, Member States may authorise acidification of the products referred to in point 1 in wine-growing zones A and B, under the conditions referred to in points 2 and 3 of this Section. |
| --- | --- |

6.

Notwithstanding point 1, in years when climatic conditions have been exceptional, Member States may authorise acidification of the products referred to in point 1 in wine-growing zones A and B, under the conditions referred to in points 2 and 3 of this Section.

| 7. | Acidification and enrichment, except by way of derogation to be
  adopted by the Commission by means of delegated acts pursuant to Article 59(1),
  and acidification and de-acidification of one and the same product shall be mutually exclusive processes. |
| --- | --- |

7.

Acidification and enrichment, except by way of derogation to be
  adopted by the Commission by means of delegated acts pursuant to Article 59(1),
  and acidification and de-acidification of one and the same product shall be mutually exclusive processes.

| 7. | Acidification and enrichment, except by way of derogation to be
  decided in accordance with the procedure referred to in Article 62(2),
  and acidification and de-acidification of one and the same product shall be mutually exclusive processes. |
| --- | --- |

7.

Acidification and enrichment, except by way of derogation to be
  decided in accordance with the procedure referred to in Article 62(2),
  and acidification and de-acidification of one and the same product shall be mutually exclusive processes.

| D. | Processes |
| --- | --- |

D.

Processes

| D. | Processes |
| --- | --- |

D.

Processes

| 1. | None of the processes referred to in Sections B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out
  , under conditions to be determined by the Commission by means of delegated acts pursuant to Article 59(1)
  , at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other wine sector beverage intended for direct human consumption other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested. |
| --- | --- |

1.

None of the processes referred to in Sections B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out
  , under conditions to be determined by the Commission by means of delegated acts pursuant to Article 59(1)
  , at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other wine sector beverage intended for direct human consumption other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested.

| 1. | None of the processes referred to in Sections B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other wine sector beverage intended for direct human consumption other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested. |
| --- | --- |

1.

None of the processes referred to in Sections B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other wine sector beverage intended for direct human consumption other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested.

| 2. | The concentration of wines shall take place in the wine-growing zone where the fresh grapes used were harvested. |
| --- | --- |

2.

The concentration of wines shall take place in the wine-growing zone where the fresh grapes used were harvested.

| 2. | The concentration of wines shall take place in the wine-growing zone where the fresh grapes used were harvested. |
| --- | --- |

2.

The concentration of wines shall take place in the wine-growing zone where the fresh grapes used were harvested.

| 3. | Acidification and de-acidification of wines shall take place only in the wine making undertaking and in the wine-growing zone where the grapes used to produce the wine in question were harvested. |
| --- | --- |

3.

Acidification and de-acidification of wines shall take place only in the wine making undertaking and in the wine-growing zone where the grapes used to produce the wine in question were harvested.

| 3. | Acidification and de-acidification of wines shall take place only in the wine making undertaking and in the wine-growing zone where the grapes used to produce the wine in question were harvested. |
| --- | --- |

3.

Acidification and de-acidification of wines shall take place only in the wine making undertaking and in the wine-growing zone where the grapes used to produce the wine in question were harvested.

| 4. | Each of the processes referred to in points 1, 2 and 3 shall be notified to the competent authorities. The same shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants
  to be determined by the Commission by means of delegated acts pursuant to Article 59(1),
  at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register. |
| --- | --- |

4.

Each of the processes referred to in points 1, 2 and 3 shall be notified to the competent authorities. The same shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants
  to be determined by the Commission by means of delegated acts pursuant to Article 59(1),
  at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register.

| 4. | Each of the processes referred to in points 1, 2 and 3 shall be notified to the competent authorities. The same shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register. |
| --- | --- |

4.

Each of the processes referred to in points 1, 2 and 3 shall be notified to the competent authorities. The same shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register.

| 5. | Each of the processes referred to in Sections B and C shall be recorded on the accompanying document, as provided for in Article 103, under cover of which the products having undergone the processes are put into circulation. |
| --- | --- |

5.

Each of the processes referred to in Sections B and C shall be recorded on the accompanying document, as provided for in Article 103, under cover of which the products having undergone the processes are put into circulation.

| 5. | Each of the processes referred to in Sections B and C shall be recorded on the accompanying document, as provided for in Article 103, under cover of which the products having undergone the processes are put into circulation. |
| --- | --- |

5.

Each of the processes referred to in Sections B and C shall be recorded on the accompanying document, as provided for in Article 103, under cover of which the products having undergone the processes are put into circulation.

| 6. | Those processes, subject to derogations justified by exceptional climatic conditions, shall not be carried out: |
| --- | --- |

6.

Those processes, subject to derogations justified by exceptional climatic conditions, shall not be carried out:

| 6. | Those processes, subject to derogations justified by exceptional climatic conditions, shall not be carried out: |
| --- | --- |

6.

Those processes, subject to derogations justified by exceptional climatic conditions, shall not be carried out:

| (a) | in wine-growing zone C after 1 January; |
| --- | --- |

(a)

in wine-growing zone C after 1 January;

| (a) | in wine-growing zone C after 1 January; |
| --- | --- |

(a)

in wine-growing zone C after 1 January;

| (b) | in wine-growing zones A and B after 16 March, and they shall be carried out only for products of the grape harvest immediately preceding those dates. |
| --- | --- |

(b)

in wine-growing zones A and B after 16 March, and they shall be carried out only for products of the grape harvest immediately preceding those dates.

| (b) | in wine-growing zones A and B after 16 March, and they shall be carried out only for products of the grape harvest immediately preceding those dates. |
| --- | --- |

(b)

in wine-growing zones A and B after 16 March, and they shall be carried out only for products of the grape harvest immediately preceding those dates.

| 7. | Notwithstanding point 6, concentration by cooling and acidification and de-acidification of wines may be practised throughout the year. |
| --- | --- |

7.

Notwithstanding point 6, concentration by cooling and acidification and de-acidification of wines may be practised throughout the year.

| 7. | Notwithstanding point 6, concentration by cooling and acidification and de-acidification of wines may be practised throughout the year. |
| --- | --- |

7.

Notwithstanding point 6, concentration by cooling and acidification and de-acidification of wines may be practised throughout the year.

Amendment 347

Proposal for a regulation

Annex VII a (new)

Text proposed by the Commission

Amendment

ANNEX VIIa

OPTIONAL RESERVED TERMS

| Product category




  (reference to Combined Nomenclature classification) | Optional reserved term | Act defining the term and conditions of use |
| --- | --- | --- |
| poultrymeat




  (CN 0207, CN 0210) | fed with | Regulation (EC) No 543/2008, Article 11 |
| | extensive indoor/barn-reared | |
| | free range | |
| | traditional free range | |
| | age at slaughter | |
| | length of fattening period | |
| eggs




  (CN 0407) | fresh | Regulation (EC) No 589/2008, Article 12 |
| | extra or extra fresh | Regulation (EC) No 589/2008, Article 14 |
| | indication on how laying hens are fed | Regulation (EC) No 589/2008, Article 15 |
| honey




  (CN 0409) | floral or vegetable origin | Directive 2001/110/EC, Article 2 |
| | regional origin | |
| | topographic origin | |
| | specific quality criteria | |
| olive oil




  (CN 1509) | first cold pressing | Regulation (EC) No 1019/2002, Article 5 |
| | cold extraction | |
| | acidity | |
| | pungent | |
| | fruity: ripe or green | |
| | bitter | |
| | intense | |
| | average | |
| | light | |
| | well-balanced | |
| | mild oil | |
| milk and milk products




  (CN 04) | traditional butter | Regulation (EU) No [CMO Regulation], Annex VI, Part VI |
| spreadable fats




  (CN 0405 and ex 2106, CN ex 1517, CN ex 1517 and ex 2106) | reduced-fat | Regulation (EU) No [CMO Regulation], Annex VI, Part VI |
| | light | |
| | low-fat | |

Product category

(reference to Combined Nomenclature classification)

Optional reserved term

Act defining the term and conditions of use

poultrymeat

(CN 0207, CN 0210)

fed with

Regulation (EC) No 543/2008, Article 11

extensive indoor/barn-reared

free range

traditional free range

age at slaughter

length of fattening period

eggs

(CN 0407)

fresh

Regulation (EC) No 589/2008, Article 12

extra or extra fresh

Regulation (EC) No 589/2008, Article 14

indication on how laying hens are fed

Regulation (EC) No 589/2008, Article 15

honey

(CN 0409)

floral or vegetable origin

Directive 2001/110/EC, Article 2

regional origin

topographic origin

specific quality criteria

olive oil

(CN 1509)

first cold pressing

Regulation (EC) No 1019/2002, Article 5

cold extraction

acidity

pungent

fruity: ripe or green

bitter

intense

average

light

well-balanced

mild oil

milk and milk products

(CN 04)

traditional butter

Regulation (EU) No [CMO Regulation], Annex VI, Part VI

spreadable fats

(CN 0405 and ex 2106, CN ex 1517, CN ex 1517 and ex 2106)

reduced-fat

Regulation (EU) No [CMO Regulation], Annex VI, Part VI

light

low-fat

Amendment 348

Proposal for a regulation

Annex VII b (new)

Text proposed by the Commission

Amendment

ANNEX VIIb

IMPORT DUTIES FOR RICE REFERRED TO IN ARTICLES 121B AND 121D

| 1. | Import duties for husked rice









  (a) | EUR 30 per tonne in the following cases:










  (i) | where it is noted that the imports of husked rice made over the course of the marketing year just ended did not reach the annual reference quantity referred to in the first subparagraph of Article 121b(3), less 15 %; |
| --- | --- | --- | --- |

1.

(a)

EUR 30 per tonne in the following cases:

(i)

where it is noted that the imports of husked rice made over the course of the marketing year just ended did not reach the annual reference quantity referred to in the first subparagraph of Article 121b(3), less 15 %;

| (ii) | where it is noted that the imports of husked rice made over the course of the first six months of the marketing year do not reach the partial reference quantity referred to in the second subparagraph of Article 121b(3), less 15 %; |
| --- | --- |

(ii)

where it is noted that the imports of husked rice made over the course of the first six months of the marketing year do not reach the partial reference quantity referred to in the second subparagraph of Article 121b(3), less 15 %;

| (b) | EUR 42,5 per tonne in the following cases:










  (i) | where it is noted that the imports of husked rice made over the course of the marketing year just ended exceed the annual reference quantity referred to in the first subparagraph of Article 121b(3), less 15 %, but do not exceed that same annual reference quantity plus 15 %; |
| --- | --- | --- |

(b)

EUR 42,5 per tonne in the following cases:

(i)

where it is noted that the imports of husked rice made over the course of the marketing year just ended exceed the annual reference quantity referred to in the first subparagraph of Article 121b(3), less 15 %, but do not exceed that same annual reference quantity plus 15 %;

| (ii) | where it is noted that the imports of husked rice made in the first six months of the marketing year exceed the partial reference quantity referred to in the second subparagraph of Article 121b(3), less 15 %, but do not exceed that same partial reference quantity plus 15 %; |
| --- | --- |

(ii)

where it is noted that the imports of husked rice made in the first six months of the marketing year exceed the partial reference quantity referred to in the second subparagraph of Article 121b(3), less 15 %, but do not exceed that same partial reference quantity plus 15 %;

| (c) | EUR 65 per tonne in the following cases:










  (i) | where it is noted that the imports of husked rice made over the course of the marketing year just ended exceed the annual reference quantity referred to in the first subparagraph of Article 121b(3), plus 15 %; |
| --- | --- | --- |

(c)

EUR 65 per tonne in the following cases:

(i)

where it is noted that the imports of husked rice made over the course of the marketing year just ended exceed the annual reference quantity referred to in the first subparagraph of Article 121b(3), plus 15 %;

| (ii) | where it is noted that the imports of husked rice made over the course of the first six months of the marketing year exceed the partial reference quantity referred to in the second subparagraph of Article 121b(3), plus 15 %. |
| --- | --- |

(ii)

where it is noted that the imports of husked rice made over the course of the first six months of the marketing year exceed the partial reference quantity referred to in the second subparagraph of Article 121b(3), plus 15 %.

| 2. | Import duties for milled rice









  (a) | EUR 175 per tonne in the following cases:










  (i) | where it is noted that imports of semi-milled and wholly-milled rice during the marketing year just ended exceed 387 743 tonnes; |
| --- | --- | --- | --- |

2.

(a)

EUR 175 per tonne in the following cases:

(i)

where it is noted that imports of semi-milled and wholly-milled rice during the marketing year just ended exceed 387 743 tonnes;

| (ii) | where it is noted that imports of semi-milled and wholly-milled rice during the first six months of the marketing year exceed 182 239 tonnes; |
| --- | --- |

(ii)

where it is noted that imports of semi-milled and wholly-milled rice during the first six months of the marketing year exceed 182 239 tonnes;

| (b) | EUR 145 per tonne in the following cases:










  (i) | where it is noted that imports of semi-milled and wholly-milled rice during the marketing year just ended do not exceed 387 743 tonnes; |
| --- | --- | --- |

(b)

EUR 145 per tonne in the following cases:

(i)

where it is noted that imports of semi-milled and wholly-milled rice during the marketing year just ended do not exceed 387 743 tonnes;

| (ii) | where it is noted that imports of semi-milled and wholly-milled rice during the first six months of the marketing year do not exceed 182 239 tonnes. |
| --- | --- |

(ii)

where it is noted that imports of semi-milled and wholly-milled rice during the first six months of the marketing year do not exceed 182 239 tonnes.

Amendment 349

Proposal for a regulation

Annex VII c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | ANNEX VIIc |
| | VARIETIES OF BASMATI RICE REFERRED TO IN ARTICLE 121d |
| | Basmati 217 |
| | Basmati 370 |
| | Basmati 386 |
| | Kernel (Basmati) |
| | Pusa Basmati |
| | Ranbir Basmati |
| | Super Basmati |
| | Taraori Basmati (HBC-19) |
| | Type-3 (Dehradun) |

Text proposed by the Commission

Amendment

ANNEX VIIc

VARIETIES OF BASMATI RICE REFERRED TO IN ARTICLE 121d

Basmati 217

Basmati 370

Basmati 386

Kernel (Basmati)

Pusa Basmati

Ranbir Basmati

Super Basmati

Taraori Basmati (HBC-19)

Type-3 (Dehradun)

---

(1)  
  OJ C .../Not yet published in the Official Journal.

(2)  

  OJ C 225, 27.7.2012.

(3)  

  OJ L 94, 30.3.12, p. 38.

(4)  

  OJ L 1, 4.1.2003, p. 1. With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and 102, respectively, of the Treaty.

(5)  

  OJ C 35, 9.2.2012, p. 1.

(6)  

  OJ L 281, 23.11.1995, p. 31.

(7)  

  OJ L 8, 12.01.2001, p. 1.

(8)  
  One year after the entry into force of this Regulation.

(9)  
  [Member States may introduce, for pigs slaughtered in their territory, a separate class of 60 % or more of lean meat designated with the letter S.]

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/542 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/542

---

P7_TA(2013)0086

Support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (Decision on the opening of interinstitutional negotiations)

European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (COM(2011)0627/3 — C7-0340/2011 — COM(2012)0553 — C7-0313/2012 — 2011/0282(COD) — 2013/2530(RSP))

(2016/C 036/41)

The European Parliament,

| — | having regard to the proposal of the Committee on Agriculture and Rural Development, |
| --- | --- |

—

having regard to the proposal of the Committee on Agriculture and Rural Development,

| — | having regard to Rules 70(2) and 70a of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 70(2) and 70a of its Rules of Procedure,

whereas 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 2014-2020;

decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE

Amendment 1

Proposal for a regulation

Citation 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Having regard to the Treaty on the Functioning of the European Union, and in particular Article 42 and
  43
  thereof, | Having regard to the Treaty on the Functioning of the European Union, and in particular Article 42 and
  43(2)
  thereof, |

Text proposed by the Commission

Amendment

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 42 and
  43
  thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 42 and
  43(2)
  thereof,

Justification

Clarification. The same legal basis should be used for all of the legislative acts of the reform package.

Amendment 2

Proposal for a regulation

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | In order to ensure the immediate start and efficient implementation of rural development programmes, support from the EAFRD should be based on the existence of sound administrative framework conditions. Member States should therefore assess compliance with certain ex ante conditionalities. Each Member State should prepare either a national rural development programme for its entire territory or a set of regional programmes. Each programme should identify a strategy for meeting targets in relation to the Union priorities for rural development and a selection of measures. Programming should comply with Union priorities for rural development, while being adapted to national contexts and complement the other Union policies, in particular the agricultural market policy, cohesion policy and the common fisheries policy. Member States which opt for a set of regional programme should be able to also prepare a national framework,
  without a separate budgetary allocation,
  in order to facilitate co-ordination among the regions in addressing nation-wide challenges. |

Text proposed by the Commission

Amendment

(8)

In order to ensure the immediate start and efficient implementation of rural development programmes, support from the EAFRD should be based on the existence of sound administrative framework conditions. Member States should therefore assess compliance with certain ex ante conditionalities. Each Member State should prepare either a national rural development programme for its entire territory or a set of regional programmes. Each programme should identify a strategy for meeting targets in relation to the Union priorities for rural development and a selection of measures. Programming should comply with Union priorities for rural development, while being adapted to national contexts and complement the other Union policies, in particular the agricultural market policy, cohesion policy and the common fisheries policy. Member States which opt for a set of regional programme should be able to also prepare a national framework,
  without a separate budgetary allocation,
  in order to facilitate co-ordination among the regions in addressing nation-wide challenges.

| (8) | In order to ensure the immediate start and efficient implementation of rural development programmes, support from the EAFRD should be based on the existence of sound administrative framework conditions. Member States should therefore assess compliance with certain ex ante conditionalities. Each Member State should prepare either a national rural development programme for its entire territory or a set of regional programmes. Each programme should identify a strategy for meeting targets in relation to the Union priorities for rural development and a selection of measures. Programming should comply with Union priorities for rural development, while being adapted to national contexts and complement the other Union policies, in particular the agricultural market policy, cohesion policy and the common fisheries policy. Member States which opt for a set of regional programme should be able to also prepare
  a national programme for the implementation of specific measures at national level or
  a national framework, in order to facilitate co-ordination among the regions in addressing nation-wide challenges. |
| --- | --- |

(8)

In order to ensure the immediate start and efficient implementation of rural development programmes, support from the EAFRD should be based on the existence of sound administrative framework conditions. Member States should therefore assess compliance with certain ex ante conditionalities. Each Member State should prepare either a national rural development programme for its entire territory or a set of regional programmes. Each programme should identify a strategy for meeting targets in relation to the Union priorities for rural development and a selection of measures. Programming should comply with Union priorities for rural development, while being adapted to national contexts and complement the other Union policies, in particular the agricultural market policy, cohesion policy and the common fisheries policy. Member States which opt for a set of regional programme should be able to also prepare
  a national programme for the implementation of specific measures at national level or
  a national framework, in order to facilitate co-ordination among the regions in addressing nation-wide challenges.

Amendment 3

Proposal for a regulation

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | It is necessary to establish certain rules for programming and revising rural development programmes. A
  lighter
  procedure should be provided for revisions not affecting the strategy of the programmes or the respective Union financial contributions. |

Text proposed by the Commission

Amendment

(12)

It is necessary to establish certain rules for programming and revising rural development programmes. A
  lighter
  procedure should be provided for revisions not affecting the strategy of the programmes or the respective Union financial contributions.

| (12) | It is necessary to establish certain rules for programming and revising rural development programmes. A
  simplified
  procedure should be provided for revisions not affecting the strategy of the programmes or the respective Union financial contributions. |
| --- | --- |

(12)

It is necessary to establish certain rules for programming and revising rural development programmes. A
  simplified
  procedure should be provided for revisions not affecting the strategy of the programmes or the respective Union financial contributions.

Amendment 4

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | In order to ensure legal certainty and clarity concerning the procedure to be followed in the case of programme amendments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of
  the
  setting
  of the
  criteria
  on the basis of which proposed changes of the quantified targets of the programmes shall be considered as major, thus triggering the need to modify the programme by means of an implementing act adopted in accordance with Article 91 of this Regulation
  . |

Text proposed by the Commission

Amendment

(13)

In order to ensure legal certainty and clarity concerning the procedure to be followed in the case of programme amendments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of
  the
  setting
  of the
  criteria
  on the basis of which proposed changes of the quantified targets of the programmes shall be considered as major, thus triggering the need to modify the programme by means of an implementing act adopted in accordance with Article 91 of this Regulation
  .

| (13) | In order to ensure legal certainty and clarity concerning the procedure to be followed in the case of programme amendments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of setting criteria
  defining a major reset of quantified targets. |
| --- | --- |

(13)

In order to ensure legal certainty and clarity concerning the procedure to be followed in the case of programme amendments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of setting criteria
  defining a major reset of quantified targets.

Justification

Changes to programmes are not purely technical decisions.

Amendment 5

Proposal for a regulation

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | Farm advisory services help farmers, forest holders and SMEs in rural areas to improve the sustainable management and overall performance of their holding or business. Therefore both the setting up of such services and the use of advice by farmers, forest holders and SMEs should be encouraged. In order to enhance the quality and effectiveness of the advice offered, provision should be made for the minimum qualifications and regular training of advisors. Farm advisory services, as provided for in Regulation of the European Parliament and of the Council (EU) No HR/2012 of [...] should help farmers assess the performance of their agricultural holding and identify the necessary improvements as regards the statutory management requirements, good agricultural and environmental conditions, agricultural practices beneficial to the climate and the environment set out in Regulation of the European Parliament and of the Council (EU) No DP/2012 of [...], requirements or actions related to climate change mitigation and adaptation, biodiversity, protection of water, animal disease notification and innovation at least as laid down in Annex I to Regulation (EU) No HR/2012. Where relevant, advice should also cover occupational safety standards. Advice may also cover issues linked to the economic, agricultural and environmental performance of the holding or enterprise. Farm management and farm relief services should help farmers improve and facilitate management of their holding. |

Text proposed by the Commission

Amendment

(16)

Farm advisory services help farmers, forest holders and SMEs in rural areas to improve the sustainable management and overall performance of their holding or business. Therefore both the setting up of such services and the use of advice by farmers, forest holders and SMEs should be encouraged. In order to enhance the quality and effectiveness of the advice offered, provision should be made for the minimum qualifications and regular training of advisors. Farm advisory services, as provided for in Regulation of the European Parliament and of the Council (EU) No HR/2012 of [...] should help farmers assess the performance of their agricultural holding and identify the necessary improvements as regards the statutory management requirements, good agricultural and environmental conditions, agricultural practices beneficial to the climate and the environment set out in Regulation of the European Parliament and of the Council (EU) No DP/2012 of [...], requirements or actions related to climate change mitigation and adaptation, biodiversity, protection of water, animal disease notification and innovation at least as laid down in Annex I to Regulation (EU) No HR/2012. Where relevant, advice should also cover occupational safety standards. Advice may also cover issues linked to the economic, agricultural and environmental performance of the holding or enterprise. Farm management and farm relief services should help farmers improve and facilitate management of their holding.

| (16) | Farm advisory services help farmers, forest holders and SMEs in rural areas to improve the sustainable management and overall performance of their holding or business. Therefore both the setting up of such services and the use of advice by farmers, forest holders and SMEs should be encouraged. In order to enhance the quality and effectiveness of the advice offered, provision should be made for the minimum qualifications and regular training of advisors. Farm advisory services, as provided for in Regulation of the European Parliament and of the Council (EU) No .../2013
  [HR] should help farmers assess the performance of their agricultural holding and identify the necessary improvements as regards the statutory management requirements, good agricultural and environmental conditions, agricultural practices beneficial to the climate and the environment set out in Regulation of the European Parliament and of the Council (EU) No .../2013 [DP], requirements or actions related to climate change mitigation and adaptation, biodiversity, protection of water, animal disease notification and innovation at least as laid down in Annex I to Regulation (EU) No .../2013
  [HR]. Where relevant, advice should also cover occupational
  or farm
  safety standards. Advice may also cover
  support for setting up of young farmers, sustainable development of the economic activities of the holding, local processing and marketing
  issues linked to the economic, agricultural and environmental performance of the holding or enterprise. Farm management and farm relief services should help farmers improve and facilitate management of their holding. |
| --- | --- |

(16)

Farm advisory services help farmers, forest holders and SMEs in rural areas to improve the sustainable management and overall performance of their holding or business. Therefore both the setting up of such services and the use of advice by farmers, forest holders and SMEs should be encouraged. In order to enhance the quality and effectiveness of the advice offered, provision should be made for the minimum qualifications and regular training of advisors. Farm advisory services, as provided for in Regulation of the European Parliament and of the Council (EU) No .../2013
  [HR] should help farmers assess the performance of their agricultural holding and identify the necessary improvements as regards the statutory management requirements, good agricultural and environmental conditions, agricultural practices beneficial to the climate and the environment set out in Regulation of the European Parliament and of the Council (EU) No .../2013 [DP], requirements or actions related to climate change mitigation and adaptation, biodiversity, protection of water, animal disease notification and innovation at least as laid down in Annex I to Regulation (EU) No .../2013
  [HR]. Where relevant, advice should also cover occupational
  or farm
  safety standards. Advice may also cover
  support for setting up of young farmers, sustainable development of the economic activities of the holding, local processing and marketing
  issues linked to the economic, agricultural and environmental performance of the holding or enterprise. Farm management and farm relief services should help farmers improve and facilitate management of their holding.

Amendment 6

Proposal for a regulation

Recital 19

| Text proposed by the Commission | Amendment |
| --- | --- |
| (19) | In order to improve the economic and environmental performance of agricultural holdings and rural enterprises, improve the efficiency of the agricultural products marketing and processing sector, provide infrastructure needed for the development of agriculture and support non-remunerative investments necessary to achieve environmental aims, support should be provided to physical investments contributing to these aims. During the 2007-2013 programming period a variety of measures covered different areas of intervention. In the interest of simplification but also of allowing beneficiaries to design and realise integrated projects with increased added value, a single measure should cover all types of physical investments
  . Member States should define a threshold for agricultural holdings eligible for aid for investments related to supporting farm viability based on the results of the strengths, weaknesses, opportunities and threats (‘SWOT’) analysis as means to better target the aid
  . |

Text proposed by the Commission

Amendment

(19)

In order to improve the economic and environmental performance of agricultural holdings and rural enterprises, improve the efficiency of the agricultural products marketing and processing sector, provide infrastructure needed for the development of agriculture and support non-remunerative investments necessary to achieve environmental aims, support should be provided to physical investments contributing to these aims. During the 2007-2013 programming period a variety of measures covered different areas of intervention. In the interest of simplification but also of allowing beneficiaries to design and realise integrated projects with increased added value, a single measure should cover all types of physical investments
  . Member States should define a threshold for agricultural holdings eligible for aid for investments related to supporting farm viability based on the results of the strengths, weaknesses, opportunities and threats (‘SWOT’) analysis as means to better target the aid
  .

| (19) | In order to improve the economic and environmental performance of agricultural holdings and rural enterprises, improve the efficiency of the agricultural products marketing and processing sector, provide infrastructure needed for the development of agriculture and support non-remunerative investments necessary to achieve environmental aims, support should be provided to physical investments contributing to these aims. During the 2007-2013 programming period a variety of measures covered different areas of intervention. In the interest of simplification but also of allowing beneficiaries to design and realise integrated projects with increased added value, a single measure should cover all types of physical investments. |
| --- | --- |

(19)

In order to improve the economic and environmental performance of agricultural holdings and rural enterprises, improve the efficiency of the agricultural products marketing and processing sector, provide infrastructure needed for the development of agriculture and support non-remunerative investments necessary to achieve environmental aims, support should be provided to physical investments contributing to these aims. During the 2007-2013 programming period a variety of measures covered different areas of intervention. In the interest of simplification but also of allowing beneficiaries to design and realise integrated projects with increased added value, a single measure should cover all types of physical investments.

Amendment 7

Proposal for a regulation

Recital 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| (21) | The creation and development of new economic activity in the form of new farms, new businesses or new investments in non-agricultural activities is essential for the development and competitiveness of rural areas. A farm and business development measure should facilitate the initial establishment of young farmers and the structural adjustment of their holdings after initial setting up, diversification of farmers into non-agricultural activities and the setting up and development of non-agricultural SMEs in rural areas. The development of small
  farms
  which are potentially economically viable should also be encouraged. In order to ensure the viability of new economic activities supported under this measure, support should be made conditional on the submission of a business plan. Support for business start up should cover only the initial period of the life of a business and not become operating aid. Therefore, where Member States opt to grant aid in instalments these should be for a period of no more than five years. In addition in order to encourage the restructuring of the agricultural sector, support
  in the form of annual payments
  should be provided for farmers
  participating in the small farmers scheme established by Title V of Regulation (EU) No DP/2012
  who commit to transfer their entire holding and the corresponding payment entitlements to another farmer
  who does not participate in that scheme
  . |

Text proposed by the Commission

Amendment

(21)

The creation and development of new economic activity in the form of new farms, new businesses or new investments in non-agricultural activities is essential for the development and competitiveness of rural areas. A farm and business development measure should facilitate the initial establishment of young farmers and the structural adjustment of their holdings after initial setting up, diversification of farmers into non-agricultural activities and the setting up and development of non-agricultural SMEs in rural areas. The development of small
  farms
  which are potentially economically viable should also be encouraged. In order to ensure the viability of new economic activities supported under this measure, support should be made conditional on the submission of a business plan. Support for business start up should cover only the initial period of the life of a business and not become operating aid. Therefore, where Member States opt to grant aid in instalments these should be for a period of no more than five years. In addition in order to encourage the restructuring of the agricultural sector, support
  in the form of annual payments
  should be provided for farmers
  participating in the small farmers scheme established by Title V of Regulation (EU) No DP/2012
  who commit to transfer their entire holding and the corresponding payment entitlements to another farmer
  who does not participate in that scheme
  .

| (21) | The creation and development of new economic activity in the form of new farms,
  new areas of activity,
  new
  agriculture- or forestry-related
  businesses or new investments in non-agricultural activities
  , new investments in social agriculture and new investments in tourist activity
  is essential for the development and competitiveness of rural areas. A farm and business development measure should facilitate the initial establishment of young farmers and the structural adjustment of their holdings after initial setting up,
  and should encourage entrepreneurship among women, including the
  diversification of farmers into non-agricultural activities and the setting up and development of non-agricultural SMEs in rural areas. The development of small
  agriculture- and forestry-related businesses
  which are potentially economically viable should also be encouraged. In order to ensure the viability of new economic activities supported under this measure, support should be made conditional on the submission of a business plan. Support for business start up should cover only the initial period of the life of a business and not become operating aid. Therefore, where Member States opt to grant aid in instalments these should be for a period of no more than five years. In addition, in order to encourage the restructuring of the agricultural sector, support should be provided for farmers who commit to transfer their entire holding and the corresponding payment entitlements to another farmer.
  In order to make this measure more attractive, such support should take the form of a one-off payment. |
| --- | --- |

(21)

The creation and development of new economic activity in the form of new farms,
  new areas of activity,
  new
  agriculture- or forestry-related
  businesses or new investments in non-agricultural activities
  , new investments in social agriculture and new investments in tourist activity
  is essential for the development and competitiveness of rural areas. A farm and business development measure should facilitate the initial establishment of young farmers and the structural adjustment of their holdings after initial setting up,
  and should encourage entrepreneurship among women, including the
  diversification of farmers into non-agricultural activities and the setting up and development of non-agricultural SMEs in rural areas. The development of small
  agriculture- and forestry-related businesses
  which are potentially economically viable should also be encouraged. In order to ensure the viability of new economic activities supported under this measure, support should be made conditional on the submission of a business plan. Support for business start up should cover only the initial period of the life of a business and not become operating aid. Therefore, where Member States opt to grant aid in instalments these should be for a period of no more than five years. In addition, in order to encourage the restructuring of the agricultural sector, support should be provided for farmers who commit to transfer their entire holding and the corresponding payment entitlements to another farmer.
  In order to make this measure more attractive, such support should take the form of a one-off payment.

Amendment 8

Proposal for a regulation

Recital 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (22) | SMEs are the backbone of
  the
  Union rural economy. Farm and non-agricultural business development should be aimed at employment promotion and the setting up of quality jobs in rural areas, maintenance of already existing jobs, reduction of seasonality fluctuations in employment, development of non-agricultural sectors outside agriculture and agricultural and food processing while fostering at the same time business integration and local inter-sectoral links. Projects integrating at the same time agriculture, rural tourism through promotion of sustainable and responsible tourism in rural areas, natural and cultural heritage should be encouraged as well as renewable energy investments. |

Text proposed by the Commission

Amendment

(22)

SMEs are the backbone of
  the
  Union rural economy. Farm and non-agricultural business development should be aimed at employment promotion and the setting up of quality jobs in rural areas, maintenance of already existing jobs, reduction of seasonality fluctuations in employment, development of non-agricultural sectors outside agriculture and agricultural and food processing while fostering at the same time business integration and local inter-sectoral links. Projects integrating at the same time agriculture, rural tourism through promotion of sustainable and responsible tourism in rural areas, natural and cultural heritage should be encouraged as well as renewable energy investments.

| (22) | SMEs are the backbone of
  a sustainable
  Union rural economy. Farm and non-agricultural business development should be aimed at employment promotion and the setting up of quality jobs in rural areas,
  in particular for young people, as well as the
  maintenance of already existing jobs, reduction of seasonality fluctuations in employment, development of non-agricultural sectors outside agriculture and agricultural and food processing, while fostering at the same time business integration and local inter-sectoral links
  in line with sustainable regional development
  . Projects integrating at the same time agriculture, rural tourism through promotion of sustainable and responsible tourism in rural areas, natural and cultural heritage should be encouraged as well as renewable energy investments.
  The sustainable development of rural areas should be strengthened by promoting urban-rural links and cross-regional cooperation. |
| --- | --- |

(22)

SMEs are the backbone of
  a sustainable
  Union rural economy. Farm and non-agricultural business development should be aimed at employment promotion and the setting up of quality jobs in rural areas,
  in particular for young people, as well as the
  maintenance of already existing jobs, reduction of seasonality fluctuations in employment, development of non-agricultural sectors outside agriculture and agricultural and food processing, while fostering at the same time business integration and local inter-sectoral links
  in line with sustainable regional development
  . Projects integrating at the same time agriculture, rural tourism through promotion of sustainable and responsible tourism in rural areas, natural and cultural heritage should be encouraged as well as renewable energy investments.
  The sustainable development of rural areas should be strengthened by promoting urban-rural links and cross-regional cooperation.

Amendment 9

Proposal for a regulation

Recital 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | Producer groups help farmers to face jointly the challenges posed by increased competition and consolidation of downstream markets in relation to the marketing of their products including in local markets. The setting up of producer groups should therefore be encouraged. In order to ensure the best use of limited financial resources only producer groups that qualify as SMEs should benefit from support. In order to ensure that the producer group becomes a viable entity, a business plan should be submitted as a condition for the recognition of a producer group by Member States. To avoid providing operating aid and maintain the incentive role of support, its maximum duration should be limited to five years. |

Text proposed by the Commission

Amendment

(27)

Producer groups help farmers to face jointly the challenges posed by increased competition and consolidation of downstream markets in relation to the marketing of their products including in local markets. The setting up of producer groups should therefore be encouraged. In order to ensure the best use of limited financial resources only producer groups that qualify as SMEs should benefit from support. In order to ensure that the producer group becomes a viable entity, a business plan should be submitted as a condition for the recognition of a producer group by Member States. To avoid providing operating aid and maintain the incentive role of support, its maximum duration should be limited to five years.

| (27) | Producer groups
  and organisations
  help farmers to face jointly the challenges posed by increased competition and consolidation of downstream markets in relation to the marketing of their products including in local markets. The setting up
  and development
  of producer groups should therefore be encouraged. In order to ensure the best use of limited financial resources only producer groups that qualify as SMEs should benefit from support. In order to ensure that the producer group becomes a viable entity, a business plan should be submitted as a condition for the recognition of a producer group by Member States. To avoid providing operating aid and maintain the incentive role of support, its maximum duration should be limited to five years. |
| --- | --- |

(27)

Producer groups
  and organisations
  help farmers to face jointly the challenges posed by increased competition and consolidation of downstream markets in relation to the marketing of their products including in local markets. The setting up
  and development
  of producer groups should therefore be encouraged. In order to ensure the best use of limited financial resources only producer groups that qualify as SMEs should benefit from support. In order to ensure that the producer group becomes a viable entity, a business plan should be submitted as a condition for the recognition of a producer group by Member States. To avoid providing operating aid and maintain the incentive role of support, its maximum duration should be limited to five years.

Amendment 10

Proposal for a regulation

Recital 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| (28) | Agri-environment-climate payments should continue to play a prominent role in supporting the sustainable development of rural areas and in responding to society's increasing demands for environmental services. They should
  further
  encourage farmers
  and other land managers
  to serve society as a whole by introducing or continuing to apply agricultural practices contributing to climate change mitigation and adaptation and compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity. In this context the conservation of genetic resources in agriculture and the additional needs of farming systems that are of high nature value should be given specific attention. Payments should contribute to covering additional costs and income foregone resulting from the commitments undertaken
  and should only cover commitments going beyond relevant mandatory standards and requirements, in accordance with the ‘polluter pays’ principle
  . In many situations the synergies resulting from commitments undertaken jointly by a group of farmers multiply the environmental and climate benefit. However, joint action brings additional transaction costs which should be compensated adequately. In order to ensure that farmers
  and other land managers
  are in a position to correctly implement the commitments they have undertaken, Member States should endeavour to provide them with the required skills and knowledge. Member States should maintain the level of efforts made during the 2007-2013 programming period
  and
  have to spend a minimum of 25 % of the total contribution from the EAFRD
  to
  each rural development programme for climate change mitigation and adaptation and land management, through the agri-environment-climate, organic farming
  and payments to areas facing natural or other specific constraints measures. |

Text proposed by the Commission

Amendment

(28)

Agri-environment-climate payments should continue to play a prominent role in supporting the sustainable development of rural areas and in responding to society's increasing demands for environmental services. They should
  further
  encourage farmers
  and other land managers
  to serve society as a whole by introducing or continuing to apply agricultural practices contributing to climate change mitigation and adaptation and compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity. In this context the conservation of genetic resources in agriculture and the additional needs of farming systems that are of high nature value should be given specific attention. Payments should contribute to covering additional costs and income foregone resulting from the commitments undertaken
  and should only cover commitments going beyond relevant mandatory standards and requirements, in accordance with the ‘polluter pays’ principle
  . In many situations the synergies resulting from commitments undertaken jointly by a group of farmers multiply the environmental and climate benefit. However, joint action brings additional transaction costs which should be compensated adequately. In order to ensure that farmers
  and other land managers
  are in a position to correctly implement the commitments they have undertaken, Member States should endeavour to provide them with the required skills and knowledge. Member States should maintain the level of efforts made during the 2007-2013 programming period
  and
  have to spend a minimum of 25 % of the total contribution from the EAFRD
  to
  each rural development programme for climate change mitigation and adaptation and land management, through the agri-environment-climate, organic farming
  and payments to areas facing natural or other specific constraints measures.

| (28) | Agri-environment-climate payments should continue to play a prominent role in supporting the sustainable development of rural areas and in responding to society's increasing demands for environmental services. They should
  , as a matter of priority,
  encourage farmers to serve society as a whole by introducing or continuing to apply agricultural practices contributing to climate change mitigation and adaptation and compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity. In this context the conservation of genetic resources in agriculture and the additional needs of farming systems that are of high nature value should be given specific attention. Payments should contribute to covering additional costs and income foregone resulting from the commitments undertaken.
  Outputs from recognised agri-environment measures should count towards the fulfilment of greening commitments in the context of the direct payments scheme.
  In many situations the synergies resulting from commitments undertaken jointly by a group of farmers multiply the environmental and climate benefit. However, joint action brings additional transaction costs which should be compensated adequately. In order to ensure that farmers are in a position to correctly implement the commitments they have undertaken, Member States should endeavour to provide them with the required skills and knowledge. Member States should maintain the level of efforts made during the 2007-2013 programming period
  . They should also be required
  to spend a minimum of 25 % of the total contribution from the EAFRD
  on
  each rural development programme for climate change mitigation and adaptation and land management, through the agri-environment-climate
  and
  organic farming payments.
  Farm managers should be eligible for this measure as a matter of priority. |
| --- | --- |

(28)

Agri-environment-climate payments should continue to play a prominent role in supporting the sustainable development of rural areas and in responding to society's increasing demands for environmental services. They should
  , as a matter of priority,
  encourage farmers to serve society as a whole by introducing or continuing to apply agricultural practices contributing to climate change mitigation and adaptation and compatible with the protection and improvement of the environment, the landscape and its features, natural resources, the soil and genetic diversity. In this context the conservation of genetic resources in agriculture and the additional needs of farming systems that are of high nature value should be given specific attention. Payments should contribute to covering additional costs and income foregone resulting from the commitments undertaken.
  Outputs from recognised agri-environment measures should count towards the fulfilment of greening commitments in the context of the direct payments scheme.
  In many situations the synergies resulting from commitments undertaken jointly by a group of farmers multiply the environmental and climate benefit. However, joint action brings additional transaction costs which should be compensated adequately. In order to ensure that farmers are in a position to correctly implement the commitments they have undertaken, Member States should endeavour to provide them with the required skills and knowledge. Member States should maintain the level of efforts made during the 2007-2013 programming period
  . They should also be required
  to spend a minimum of 25 % of the total contribution from the EAFRD
  on
  each rural development programme for climate change mitigation and adaptation and land management, through the agri-environment-climate
  and
  organic farming payments.
  Farm managers should be eligible for this measure as a matter of priority.

Amendment 11

Proposal for a regulation

Recital 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| (30) | Payments for the conversion to or maintenance of organic farming should encourage farmers to participate in such schemes thus answering society's increasing demand for the use of environmentally friendly farm practices and for high standards of animal welfare. In order to increase synergy in biodiversity benefits delivered by the measure, collective contracts or
  collaboration
  between farmers should be encouraged to cover larger adjacent areas. In order to avoid large-scale reversion of farmers to conventional farming, both conversion and maintenance measures should be supported. Payments should contribute to covering additional costs incurred and income foregone as a result of the commitment and should cover only commitments going beyond relevant mandatory standards and requirements. |

Text proposed by the Commission

Amendment

(30)

Payments for the conversion to or maintenance of organic farming should encourage farmers to participate in such schemes thus answering society's increasing demand for the use of environmentally friendly farm practices and for high standards of animal welfare. In order to increase synergy in biodiversity benefits delivered by the measure, collective contracts or
  collaboration
  between farmers should be encouraged to cover larger adjacent areas. In order to avoid large-scale reversion of farmers to conventional farming, both conversion and maintenance measures should be supported. Payments should contribute to covering additional costs incurred and income foregone as a result of the commitment and should cover only commitments going beyond relevant mandatory standards and requirements.

| (30) | Payments for the conversion to or maintenance of organic farming should encourage farmers to participate in such schemes thus answering society's increasing demand for the use of environmentally friendly farm practices and for high standards of animal welfare. In order to increase synergy in biodiversity benefits delivered by the measure, collective contracts or
  co-operation
  between farmers
  or other land managers
  should be encouraged to cover larger adjacent areas. In order to avoid large-scale reversion of farmers to conventional farming, both conversion and maintenance measures should be supported. Payments should contribute to covering additional costs incurred and income foregone as a result of the commitment and should cover only commitments going beyond relevant mandatory standards and requirements. |
| --- | --- |

(30)

Payments for the conversion to or maintenance of organic farming should encourage farmers to participate in such schemes thus answering society's increasing demand for the use of environmentally friendly farm practices and for high standards of animal welfare. In order to increase synergy in biodiversity benefits delivered by the measure, collective contracts or
  co-operation
  between farmers
  or other land managers
  should be encouraged to cover larger adjacent areas. In order to avoid large-scale reversion of farmers to conventional farming, both conversion and maintenance measures should be supported. Payments should contribute to covering additional costs incurred and income foregone as a result of the commitment and should cover only commitments going beyond relevant mandatory standards and requirements.

Justification

See corresponding Amendment to Article 30

Amendment 12

Proposal for a regulation

Recital 33

| Text proposed by the Commission | Amendment |
| --- | --- |
| (33) | In order to ensure efficient use of Union funds and equal treatment for farmers across the Union mountain areas and areas facing natural or other specific constraints should be defined in accordance with objective criteria. In the case of areas facing natural constraints these should be bio-physical criteria underpinned by robust scientific evidence.
  Transitional arrangements
  should be
  adopted in order to facilitate
  the
  phasing out of payments in areas that will no longer be considered
  as
  areas facing natural constraints
  as
  a result of the application of these criteria
  . |

Text proposed by the Commission

Amendment

(33)

In order to ensure efficient use of Union funds and equal treatment for farmers across the Union mountain areas and areas facing natural or other specific constraints should be defined in accordance with objective criteria. In the case of areas facing natural constraints these should be bio-physical criteria underpinned by robust scientific evidence.
  Transitional arrangements
  should be
  adopted in order to facilitate
  the
  phasing out of payments in areas that will no longer be considered
  as
  areas facing natural constraints
  as
  a result of the application of these criteria
  .

| (33) | In order to ensure efficient use of Union funds and equal treatment for farmers across the Union mountain areas and areas facing natural or other specific constraints should be defined in accordance with objective criteria. In the case of areas facing natural constraints these should be bio-physical criteria underpinned by robust scientific evidence.
  By 31 December 2014, the Commission
  should
  present a legislative proposal on establishing mandatory bio-physical criteria and the corresponding threshold values to
  be
  applied for
  the
  future delimitation,
  as
  well
  as
  the


  appropriate rules for fine-tuning and transitional arrangements
  . |
| --- | --- |

(33)

In order to ensure efficient use of Union funds and equal treatment for farmers across the Union mountain areas and areas facing natural or other specific constraints should be defined in accordance with objective criteria. In the case of areas facing natural constraints these should be bio-physical criteria underpinned by robust scientific evidence.
  By 31 December 2014, the Commission
  should
  present a legislative proposal on establishing mandatory bio-physical criteria and the corresponding threshold values to
  be
  applied for
  the
  future delimitation,
  as
  well
  as
  the


  appropriate rules for fine-tuning and transitional arrangements
  .

Amendment 13

Proposal for a regulation

Recital 37

| Text proposed by the Commission | Amendment |
| --- | --- |
| (37) | Farmers are exposed today to increasing economic and environmental risks as a consequence of climate change and increased price volatility. In this context, effective management of risks has an increased importance for farmers. For this reason a risk management measure should be set up to assist farmers in addressing the most common risks faced by them. This measure should therefore support farmers to cover the premiums they pay for crop, animal and plant insurance as well as the setting up of mutual funds and the compensation paid by such funds to farmers for losses suffered as a result of the outbreak of animal or plant diseases
  or
  environmental incidents. It should also cover an income stabilisation tool in the form of a mutual fund to support farmers facing a severe drop in their income. In order to ensure that there is equal treatment among farmers across the Union, that competition is not distorted and that the international obligations of the Union are respected, specific conditions should be provided for the granting of support under these measures. In order to ensure the efficient use of EAFRD budgetary resources the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of defining the minimum and maximum duration of commercial loans to mutual funds. |

Text proposed by the Commission

Amendment

(37)

Farmers are exposed today to increasing economic and environmental risks as a consequence of climate change and increased price volatility. In this context, effective management of risks has an increased importance for farmers. For this reason a risk management measure should be set up to assist farmers in addressing the most common risks faced by them. This measure should therefore support farmers to cover the premiums they pay for crop, animal and plant insurance as well as the setting up of mutual funds and the compensation paid by such funds to farmers for losses suffered as a result of the outbreak of animal or plant diseases
  or
  environmental incidents. It should also cover an income stabilisation tool in the form of a mutual fund to support farmers facing a severe drop in their income. In order to ensure that there is equal treatment among farmers across the Union, that competition is not distorted and that the international obligations of the Union are respected, specific conditions should be provided for the granting of support under these measures. In order to ensure the efficient use of EAFRD budgetary resources the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of defining the minimum and maximum duration of commercial loans to mutual funds.

| (37) | Farmers are exposed today to increasing economic and environmental risks as a consequence of climate change and increased price volatility. In this context, effective management of risks has an increased importance for farmers. For this reason a risk management measure should be set up to assist farmers in addressing the most common risks faced by them. This measure should therefore support farmers
  or groups of farmers
  to cover the premiums they pay for crop, animal and plant insurance as well as the setting up of mutual funds and the compensation paid by such funds to farmers for losses suffered as a result of the outbreak of animal or plant diseases,
  harmful organisms,
  environmental incidents
  or adverse climatic events
  . It should also cover an income stabilisation tool in the form of a mutual fund
  or insurance contract
  to support farmers facing a severe drop in their income. In order to ensure that there is equal treatment among farmers across the Union, that competition is not distorted and that the international obligations of the Union are respected, specific conditions should be provided for the granting of support under these measures. In order to ensure the efficient use of EAFRD budgetary resources the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of defining the minimum and maximum duration of commercial loans to mutual funds. |
| --- | --- |

(37)

Farmers are exposed today to increasing economic and environmental risks as a consequence of climate change and increased price volatility. In this context, effective management of risks has an increased importance for farmers. For this reason a risk management measure should be set up to assist farmers in addressing the most common risks faced by them. This measure should therefore support farmers
  or groups of farmers
  to cover the premiums they pay for crop, animal and plant insurance as well as the setting up of mutual funds and the compensation paid by such funds to farmers for losses suffered as a result of the outbreak of animal or plant diseases,
  harmful organisms,
  environmental incidents
  or adverse climatic events
  . It should also cover an income stabilisation tool in the form of a mutual fund
  or insurance contract
  to support farmers facing a severe drop in their income. In order to ensure that there is equal treatment among farmers across the Union, that competition is not distorted and that the international obligations of the Union are respected, specific conditions should be provided for the granting of support under these measures. In order to ensure the efficient use of EAFRD budgetary resources the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of defining the minimum and maximum duration of commercial loans to mutual funds.

Amendment 14

Proposal for a regulation

Recital 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| (38) | The LEADER approach for local development has, over a number of years, proven its utility in promoting the development of rural areas by fully taking into account the multi-sectoral needs for endogenous rural development through its bottom-up approach. LEADER should therefore be continued in the future and its application should remain compulsory for all rural development programmes. |

Text proposed by the Commission

Amendment

(38)

The LEADER approach for local development has, over a number of years, proven its utility in promoting the development of rural areas by fully taking into account the multi-sectoral needs for endogenous rural development through its bottom-up approach. LEADER should therefore be continued in the future and its application should remain compulsory for all rural development programmes.

| (38) | The LEADER approach for local development has, over a number of years, proven its utility in promoting the development of rural areas by fully taking into account the multi-sectoral needs for endogenous rural development through its bottom-up approach. LEADER should therefore be continued in the future and its application should remain compulsory for all rural development programmes.
  Synergies should be further explored through encouraging cooperation with local development actors in developing countries, respecting fully traditional knowledge as embodied in the UN Declaration on the Rights of Indigenous People and the UN Convention on Biological Diversity, with the aim of promoting sustainable farming practices, compatible with the protection and improvement of the environment, soil and genetic diversity. |
| --- | --- |

(38)

The LEADER approach for local development has, over a number of years, proven its utility in promoting the development of rural areas by fully taking into account the multi-sectoral needs for endogenous rural development through its bottom-up approach. LEADER should therefore be continued in the future and its application should remain compulsory for all rural development programmes.
  Synergies should be further explored through encouraging cooperation with local development actors in developing countries, respecting fully traditional knowledge as embodied in the UN Declaration on the Rights of Indigenous People and the UN Convention on Biological Diversity, with the aim of promoting sustainable farming practices, compatible with the protection and improvement of the environment, soil and genetic diversity.

Justification

Traditional and local knowledge and community-based innovation constitute an extensive realm of accumulated practical knowledge and knowledge-generating capacity that is needed if sustainability and development goals are to be reached. Exploration of synergies through cooperation with local development actors shall accordingly be in line with the principles embodied under the UN Convention on Biodiversity and the UN Declaration on the Rights of Indigenous People regarding the protection of traditional knowledge and practices of indigenous and local communities.

Amendment 15

Proposal for a regulation

Recital 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| (40) | Support to LEADER local development from the EAFRD should cover all aspects of the preparation and implementation of local development strategies and operation of local action groups as well as cooperation among territories and groups which carry out bottom-up and community-led local development. In order to enable partners in rural areas not yet applying LEADER to test and prepare for the design and operation of a local development strategy a ‘LEADER start-up kit’ should also be financed. In order to ensure the efficient and effective use of EAFRD budgetary resources the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the detailed definition of eligible animation costs for local action groups. |

Text proposed by the Commission

Amendment

(40)

Support to LEADER local development from the EAFRD should cover all aspects of the preparation and implementation of local development strategies and operation of local action groups as well as cooperation among territories and groups which carry out bottom-up and community-led local development. In order to enable partners in rural areas not yet applying LEADER to test and prepare for the design and operation of a local development strategy a ‘LEADER start-up kit’ should also be financed. In order to ensure the efficient and effective use of EAFRD budgetary resources the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the detailed definition of eligible animation costs for local action groups.

| (40) | Support to LEADER local development from the EAFRD should cover all aspects of the preparation and implementation of local development strategies and operation of local action groups
  in which decision-making is community-led and occurs in partnership with other relevant actors,
  as well as cooperation among territories and groups which carry out bottom-up and community-led local development. In order to enable partners in rural areas not yet applying LEADER to test and prepare for the design and operation of a local development strategy a ‘LEADER start-up kit’ should also be financed. In order to ensure the efficient and effective use of EAFRD budgetary resources
  and
  the
  implementation of the LEADER approach, the
  power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the detailed definition of eligible animation costs for local action groups
  and for the purpose of adopting rules to ensure that Member States fully implement the community-led approach
  . |
| --- | --- |

(40)

Support to LEADER local development from the EAFRD should cover all aspects of the preparation and implementation of local development strategies and operation of local action groups
  in which decision-making is community-led and occurs in partnership with other relevant actors,
  as well as cooperation among territories and groups which carry out bottom-up and community-led local development. In order to enable partners in rural areas not yet applying LEADER to test and prepare for the design and operation of a local development strategy a ‘LEADER start-up kit’ should also be financed. In order to ensure the efficient and effective use of EAFRD budgetary resources
  and
  the
  implementation of the LEADER approach, the
  power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the detailed definition of eligible animation costs for local action groups
  and for the purpose of adopting rules to ensure that Member States fully implement the community-led approach
  .

Amendment 16

Proposal for a regulation

Recital 50

| Text proposed by the Commission | Amendment |
| --- | --- |
| (50) | The EAFRD should signal the Union's recognition of how local development approaches and a trans-national dimension can reinforce each other, especially when an innovative spirit is applied. It should do this by awarding prizes to a limited number of projects which exemplify these characteristics. The prizes should complement other sources of funding available through rural development policy by conferring recognition on any leading suitable project, whether or not that project was also financed through a rural development programme. |

Text proposed by the Commission

Amendment

(50)

The EAFRD should signal the Union's recognition of how local development approaches and a trans-national dimension can reinforce each other, especially when an innovative spirit is applied. It should do this by awarding prizes to a limited number of projects which exemplify these characteristics. The prizes should complement other sources of funding available through rural development policy by conferring recognition on any leading suitable project, whether or not that project was also financed through a rural development programme.

deleted

Amendment 17

Proposal for a regulation

Recital 51

| Text proposed by the Commission | Amendment |
| --- | --- |
| (51) | Rural development programmes should provide for innovative actions promoting a resource-efficient, productive and low-emission agricultural sector, with the support of the EIP for agricultural productivity and sustainability. The EIP should aim to promote a faster and wider transposition of innovative solutions into practice. The EIP should create added value by enhancing the uptake and effectiveness of innovation-related instruments and enhancing synergies between them. The EIP should fill gaps by better linking research and practical farming. |

Text proposed by the Commission

Amendment

(51)

Rural development programmes should provide for innovative actions promoting a resource-efficient, productive and low-emission agricultural sector, with the support of the EIP for agricultural productivity and sustainability. The EIP should aim to promote a faster and wider transposition of innovative solutions into practice. The EIP should create added value by enhancing the uptake and effectiveness of innovation-related instruments and enhancing synergies between them. The EIP should fill gaps by better linking research and practical farming.

| (51) | Rural development programmes should provide for innovative actions promoting a resource-efficient, productive and low-emission agricultural sector, with the support of the EIP for agricultural productivity and sustainability. The EIP should aim to promote a faster and wider transposition of innovative solutions into practice. The EIP should create added value by enhancing the uptake and effectiveness of innovation-related instruments and enhancing synergies between them. The EIP should fill gaps by better linking research and practical farming
  , thereby facilitating a dialogue
  . |
| --- | --- |

(51)

Rural development programmes should provide for innovative actions promoting a resource-efficient, productive and low-emission agricultural sector, with the support of the EIP for agricultural productivity and sustainability. The EIP should aim to promote a faster and wider transposition of innovative solutions into practice. The EIP should create added value by enhancing the uptake and effectiveness of innovation-related instruments and enhancing synergies between them. The EIP should fill gaps by better linking research and practical farming
  , thereby facilitating a dialogue
  .

Amendment 18

Proposal for a regulation

Recital 52

| Text proposed by the Commission | Amendment |
| --- | --- |
| (52) | Implementation of innovative projects in the context of the EIP for agricultural productivity and sustainability should be undertaken by operational groups bringing together farmers, researchers, advisors, businesses and other actors concerned by innovation in the agricultural sector. In order to ensure that results of such projects profit to the sector as a whole, their results should be
  disseminated
  . |

Text proposed by the Commission

Amendment

(52)

Implementation of innovative projects in the context of the EIP for agricultural productivity and sustainability should be undertaken by operational groups bringing together farmers, researchers, advisors, businesses and other actors concerned by innovation in the agricultural sector. In order to ensure that results of such projects profit to the sector as a whole, their results should be
  disseminated
  .

| (52) | Implementation of innovative projects in the context of the EIP for agricultural productivity and sustainability should be undertaken by operational groups bringing together farmers, researchers, advisors, businesses and other actors concerned by innovation in the agricultural sector. In order to ensure that results of such projects profit to the sector as a whole,
  the dissemination of
  their results should be
  encouraged and dissemination activities should be financed from various sources including technical assistance
  .
  Cooperation with innovation networks in developing countries, which pursue similar objectives, should be encouraged, in particular those which support decentralised participatory research and the dissemination of knowledge about the best sustainable agricultural practices, including schemes designed specifically for women. |
| --- | --- |

(52)

Implementation of innovative projects in the context of the EIP for agricultural productivity and sustainability should be undertaken by operational groups bringing together farmers, researchers, advisors, businesses and other actors concerned by innovation in the agricultural sector. In order to ensure that results of such projects profit to the sector as a whole,
  the dissemination of
  their results should be
  encouraged and dissemination activities should be financed from various sources including technical assistance
  .
  Cooperation with innovation networks in developing countries, which pursue similar objectives, should be encouraged, in particular those which support decentralised participatory research and the dissemination of knowledge about the best sustainable agricultural practices, including schemes designed specifically for women.

Amendment 19

Proposal for a regulation

Article 2 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | ‘operation’: a project, group of projects, contract, or arrangement or other action selected according to criteria for the rural development programme concerned and implemented by one or more beneficiaries allowing achievement of one or more of the Union priorities for rural development; |

Text proposed by the Commission

Amendment

(d)

‘operation’: a project, group of projects, contract, or arrangement or other action selected according to criteria for the rural development programme concerned and implemented by one or more beneficiaries allowing achievement of one or more of the Union priorities for rural development;

| (d) | ‘operation’: a project, group of projects, contract, or arrangement or other action selected according to criteria for the rural development programme concerned and implemented by one or more beneficiaries allowing achievement of one or more of the Union priorities for rural development
  , including the possibility to combine the support from different Common Srategic Framework (CSF) funds, including within a single priority axis of programmes co-funded by the ERDF and ESF as referred to in Article 87(1) of Regulation No (EU) .../2013 [CSF]
  ; |
| --- | --- |

(d)

‘operation’: a project, group of projects, contract, or arrangement or other action selected according to criteria for the rural development programme concerned and implemented by one or more beneficiaries allowing achievement of one or more of the Union priorities for rural development
  , including the possibility to combine the support from different Common Srategic Framework (CSF) funds, including within a single priority axis of programmes co-funded by the ERDF and ESF as referred to in Article 87(1) of Regulation No (EU) .../2013 [CSF]
  ;

Amendment 20

Proposal for a regulation

Article 2 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | ‘monitoring and evaluation system’: a general approach developed by the Commission and the Member States defining a limited number of common indicators relating to the baseline situation
  and
  the
  financial execution,
  outputs, results
  , and impacts
  of the programmes; |

Text proposed by the Commission

Amendment

(f)

‘monitoring and evaluation system’: a general approach developed by the Commission and the Member States defining a limited number of common indicators relating to the baseline situation
  and
  the
  financial execution,
  outputs, results
  , and impacts
  of the programmes;

| (f) | ‘monitoring and evaluation system’: a general approach developed by the Commission and the Member States defining a limited number of common indicators relating to the baseline situation and the financial execution, outputs, results
  and financial execution
  of the programmes
  ; the system need not be exclusively metrics based, and such an approach can, where necessary and using appropriate methods, be replaced by a quality-based approach to programme outputs
  ; |
| --- | --- |

(f)

‘monitoring and evaluation system’: a general approach developed by the Commission and the Member States defining a limited number of common indicators relating to the baseline situation and the financial execution, outputs, results
  and financial execution
  of the programmes
  ; the system need not be exclusively metrics based, and such an approach can, where necessary and using appropriate methods, be replaced by a quality-based approach to programme outputs
  ;

Amendment 21

Proposal for a regulation

Article 2 — paragraph 1 — point j a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ja) | ‘transition regions’: regions whose gross domestic product (GDP) per capita is between 75 % and 90 % of the average GDP of the EU-27; |

Text proposed by the Commission

Amendment

(ja)

‘transition regions’: regions whose gross domestic product (GDP) per capita is between 75 % and 90 % of the average GDP of the EU-27;

Justification

Transition regions should be taken into account, in line with the amendment to Article 65 on fund contribution.

Amendment 22

Proposal for a regulation

Article 2 — paragraph 1 — point l

| Text proposed by the Commission | Amendment |
| --- | --- |
| (l) | ‘transaction cost’: a cost linked to a commitment
  but not directly attributable to
  its implementation; |

Text proposed by the Commission

Amendment

(l)

‘transaction cost’: a cost linked to a commitment
  but not directly attributable to
  its implementation;

| (l) | ‘transaction cost’: a cost linked to a commitment
  that is indirectly generated by
  its implementation;
  it may be calculated on a standard-cost basis
  ; |
| --- | --- |

(l)

‘transaction cost’: a cost linked to a commitment
  that is indirectly generated by
  its implementation;
  it may be calculated on a standard-cost basis
  ;

Amendment 23

Proposal for a regulation

Article 2 — paragraph 1 — point l a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (la) | ‘production system’: a complex of land and inputs managed as a whole; |

Text proposed by the Commission

Amendment

(la)

‘production system’: a complex of land and inputs managed as a whole;

Amendment 143

Proposal for a regulation

Article 2 — paragraph 1 — point m a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ma) | ‘agro-forestry’: a system of production in which trees and cultivated or grazed plants are grown together on, or on the edge of, the same plots of land; |

Text proposed by the Commission

Amendment

(ma)

‘agro-forestry’: a system of production in which trees and cultivated or grazed plants are grown together on, or on the edge of, the same plots of land;

Amendment 24

Proposal for a regulation

Article 2 — paragraph 1 — point o

| Text proposed by the Commission | Amendment |
| --- | --- |
| (o) | ‘adverse climatic event’: weather conditions, such as frost, storms
  and
  hail, ice, heavy rain or severe drought, which can be assimilated to a natural disaster; |

Text proposed by the Commission

Amendment

(o)

‘adverse climatic event’: weather conditions, such as frost, storms
  and
  hail, ice, heavy rain or severe drought, which can be assimilated to a natural disaster;

| (o) | ‘adverse climatic event’: weather conditions, such as frost, storms
  , cyclonic winds,
  hail, ice, heavy rain or severe drought, which can be assimilated to a natural disaster; |
| --- | --- |

(o)

‘adverse climatic event’: weather conditions, such as frost, storms
  , cyclonic winds,
  hail, ice, heavy rain or severe drought, which can be assimilated to a natural disaster;

Amendment 25

Proposal for a regulation

Article 2 — paragraph 1 — point r

| Text proposed by the Commission | Amendment |
| --- | --- |
| (r) | ‘natural disaster’: a naturally occurring event of biotic or abiotic nature that leads to important disturbances of agricultural production systems and forest structures, eventually causing important economic damage to the farming
  and

  forest sectors; |

Text proposed by the Commission

Amendment

(r)

‘natural disaster’: a naturally occurring event of biotic or abiotic nature that leads to important disturbances of agricultural production systems and forest structures, eventually causing important economic damage to the farming
  and

  forest sectors;

| (r) | ‘natural disaster’: a naturally occurring event of biotic or abiotic nature that leads to important disturbances of agricultural production systems and forest structures, eventually causing important economic damage to the farming
  or

  forestry sectors; |
| --- | --- |

(r)

‘natural disaster’: a naturally occurring event of biotic or abiotic nature that leads to important disturbances of agricultural production systems and forest structures, eventually causing important economic damage to the farming
  or

  forestry sectors;

Amendment 26

Proposal for a regulation

Article 2 — paragraph 1 — point s

| Text proposed by the Commission | Amendment |
| --- | --- |
| (s) | ‘catastrophic event’: an unforeseen event of biotic or abiotic nature caused by human action that leads to important disturbances of agricultural production systems and forest structures, eventually causing important economic damage to the farming
  and

  forest sectors; |

Text proposed by the Commission

Amendment

(s)

‘catastrophic event’: an unforeseen event of biotic or abiotic nature caused by human action that leads to important disturbances of agricultural production systems and forest structures, eventually causing important economic damage to the farming
  and

  forest sectors;

| (s) | ‘catastrophic event’: an unforeseen event of biotic or abiotic nature caused by human action that leads to important disturbances of agricultural production systems and forest structures, eventually causing important economic damage to the farming
  or

  forestry sectors; |
| --- | --- |

(s)

‘catastrophic event’: an unforeseen event of biotic or abiotic nature caused by human action that leads to important disturbances of agricultural production systems and forest structures, eventually causing important economic damage to the farming
  or

  forestry sectors;

Amendment 27

Proposal for a regulation

Article 2 — paragraph 1 — point t

| Text proposed by the Commission | Amendment |
| --- | --- |
| (t) | ‘short supply chain’: a supply chain involving a limited number of economic operators, committed to co-operation, local economic development, and close geographical and social relations between producers and consumers; |

Text proposed by the Commission

Amendment

(t)

‘short supply chain’: a supply chain involving a limited number of economic operators, committed to co-operation, local economic development, and close geographical and social relations between producers and consumers;

| (t) | ‘short supply chain’: a supply chain involving a limited number of economic operators
  in direct-selling
  ,
  local-market and community-supported agriculture,
  committed to co-operation, local economic development,
  using a local development strategy,
  and close geographical and social relations between producers
  , processors
  and consumers; |
| --- | --- |

(t)

‘short supply chain’: a supply chain involving a limited number of economic operators
  in direct-selling
  ,
  local-market and community-supported agriculture,
  committed to co-operation, local economic development,
  using a local development strategy,
  and close geographical and social relations between producers
  , processors
  and consumers;

Justification

In order to promote a holistic approach to short supply chain development and respond directly to the needs of rural communities the definition of short supply chains should make specific reference to marketing channels such as direct selling, local markets and community supported agriculture as means for farmers and producers to market high quality food products.

Amendment 28

Proposal for a regulation

Article 2 — paragraph 1 — point u

| Text proposed by the Commission | Amendment |
| --- | --- |
| (u) | ‘young farmer’: farmer who is
  less than
  40 years of age at the moment of submitting the application, possesses adequate occupational skills and competence and is
  setting up for the first time in an agricultural holding as
  head of the holding; |

Text proposed by the Commission

Amendment

(u)

‘young farmer’: farmer who is
  less than
  40 years of age at the moment of submitting the application, possesses adequate occupational skills and competence and is
  setting up for the first time in an agricultural holding as
  head of the holding;

| (u) | ‘young farmer’: farmer who is 40 years of age
  or less
  at the moment of submitting the application, possesses adequate occupational skills and competence and is
  the
  head of the holding; |
| --- | --- |

(u)

‘young farmer’: farmer who is 40 years of age
  or less
  at the moment of submitting the application, possesses adequate occupational skills and competence and is
  the
  head of the holding;

Amendment 29

Proposal for a regulation

Article 2 — paragraph 1 — point x a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (xa) | ‘farmer’: an active farmer within the meaning of Article 4(1)(a) and Article 9 of Regulation(EU) No .../2013 [DP]. |

Text proposed by the Commission

Amendment

(xa)

‘farmer’: an active farmer within the meaning of Article 4(1)(a) and Article 9 of Regulation(EU) No .../2013 [DP].

Amendment 30

Proposal for a regulation

Article 2 — paragraph 1 — point x b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (xb) | ‘community-led local development’: decentralised bottom-up governance and partnership action at local and sub-regional level which encourage rural actors to plan and carry out multi-sectoral area based local development strategies, promoting community ownership, capacity building and innovation; |

Text proposed by the Commission

Amendment

(xb)

‘community-led local development’: decentralised bottom-up governance and partnership action at local and sub-regional level which encourage rural actors to plan and carry out multi-sectoral area based local development strategies, promoting community ownership, capacity building and innovation;

Amendment 31

Proposal for a regulation

Article 2 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The definitions set out in Article 4 of Regulation (EU) No .../2013 [DP] shall also apply for the purposes of this Regulation. |

Text proposed by the Commission

Amendment

1a.
     
  The definitions set out in Article 4 of Regulation (EU) No .../2013 [DP] shall also apply for the purposes of this Regulation.

Amendment 32

Proposal for a regulation

Article 2 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   As regards
  the definition of
  young farmer

  laid down in paragraph 1(u)
  , the Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the conditions under which a legal person may be considered
  a
  ‘young farmer’, including the setting of a grace period for the acquisition of occupational skills. | 2.   As regards young farmers,
  and, small farms,
  the Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the conditions under which a legal person may be considered
  to be
  young farmer,
  or a small farmer,
  including the setting of a grace period for the acquisition of occupational skills
  , and taking into account the special characteristics of each Member State
  . |

Text proposed by the Commission

Amendment

2.   As regards
  the definition of
  young farmer

  laid down in paragraph 1(u)
  , the Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the conditions under which a legal person may be considered
  a
  ‘young farmer’, including the setting of a grace period for the acquisition of occupational skills.

2.   As regards young farmers,
  and, small farms,
  the Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the conditions under which a legal person may be considered
  to be
  young farmer,
  or a small farmer,
  including the setting of a grace period for the acquisition of occupational skills
  , and taking into account the special characteristics of each Member State
  .

Amendment 33

Proposal for a regulation

Article 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| The EAFRD shall contribute to the Europe 2020 Strategy by promoting sustainable rural development throughout the Union in a complementary manner to the other instruments of the common agricultural policy (hereinafter ‘CAP’), to cohesion policy and to the common fisheries policy. It shall contribute to a more territorially and environmentally balanced, climate-friendly and resilient
  and
  innovative Union agricultural sector. | The EAFRD shall contribute to the Europe 2020 Strategy
  , within the framework of a European rural development strategy,
  by promoting sustainable rural development throughout the Union in a complementary manner to the other instruments of the common agricultural policy (hereinafter ‘CAP’),
  in coordination with and in addition
  to cohesion policy and to the common fisheries policy. It shall contribute to
  the development of
  a more territorially and environmentally balanced, climate-friendly and resilient
  , competitive, productive and
  innovative Union agricultural
  and forestry
  sector
  and of vital rural territories. |

Text proposed by the Commission

Amendment

The EAFRD shall contribute to the Europe 2020 Strategy by promoting sustainable rural development throughout the Union in a complementary manner to the other instruments of the common agricultural policy (hereinafter ‘CAP’), to cohesion policy and to the common fisheries policy. It shall contribute to a more territorially and environmentally balanced, climate-friendly and resilient
  and
  innovative Union agricultural sector.

The EAFRD shall contribute to the Europe 2020 Strategy
  , within the framework of a European rural development strategy,
  by promoting sustainable rural development throughout the Union in a complementary manner to the other instruments of the common agricultural policy (hereinafter ‘CAP’),
  in coordination with and in addition
  to cohesion policy and to the common fisheries policy. It shall contribute to
  the development of
  a more territorially and environmentally balanced, climate-friendly and resilient
  , competitive, productive and
  innovative Union agricultural
  and forestry
  sector
  and of vital rural territories.

Justification

As the objectives of the EAFRD outlined in Articles 4 and 5 also concern measures targeting rural territories beyond the agricultural sector, the mission of the EAFRD should be formulated in a more inclusive manner.

Amendment 34

Proposal for a regulation

Article 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| Within the overall framework of the CAP, support for rural development shall contribute to achieving the following objectives: | Within the overall framework of the CAP, support for rural development shall contribute to achieving the following objectives: |
| (1) | the competitiveness of agriculture; |

Text proposed by the Commission

Amendment

Within the overall framework of the CAP, support for rural development shall contribute to achieving the following objectives:

Within the overall framework of the CAP, support for rural development shall contribute to achieving the following objectives:

(1)

the competitiveness of agriculture;

| (1) | fostering
  the competitiveness of agriculture
  and forestry
  ; |
| --- | --- |

(1)

fostering
  the competitiveness of agriculture
  and forestry
  ;

| (2) | the sustainable management of natural resources, and climate action; |
| --- | --- |

(2)

the sustainable management of natural resources, and climate action;

| (2) | ensuring
  the sustainable management of natural resources, and climate action; |
| --- | --- |

(2)

ensuring
  the sustainable management of natural resources, and climate action;

| (3) | a balanced territorial development of rural
  areas. |
| --- | --- |

(3)

a balanced territorial development of rural
  areas.

| (3) | achieving
  a balanced territorial development of rural
  economies and communities that creates and maintains employment
  . |
| --- | --- |

(3)

achieving
  a balanced territorial development of rural
  economies and communities that creates and maintains employment
  .

Amendment 35

Proposal for a regulation

Article 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| The achievement of the objectives of rural development, which contribute to the Europe 2020 strategy for smart, sustainable and inclusive growth, shall be pursued through the following six Union priorities for rural development, which translate the relevant Thematic Objectives of the CSF: | The achievement of the objectives of rural development, which contribute to the Europe 2020 strategy for smart, sustainable and inclusive growth, shall be pursued through the following six Union priorities for rural development, which translate the relevant Thematic Objectives of the CSF: |
| (1)   fostering knowledge transfer and innovation in agriculture, forestry, and rural areas with a focus on the following areas: | (1)   fostering knowledge transfer and innovation in agriculture, forestry, and rural areas with a focus on the following areas: |
| (a) | fostering innovation and the knowledge base in rural areas; |

Text proposed by the Commission

Amendment

The achievement of the objectives of rural development, which contribute to the Europe 2020 strategy for smart, sustainable and inclusive growth, shall be pursued through the following six Union priorities for rural development, which translate the relevant Thematic Objectives of the CSF:

The achievement of the objectives of rural development, which contribute to the Europe 2020 strategy for smart, sustainable and inclusive growth, shall be pursued through the following six Union priorities for rural development, which translate the relevant Thematic Objectives of the CSF:

(1)   fostering knowledge transfer and innovation in agriculture, forestry, and rural areas with a focus on the following areas:

(1)   fostering knowledge transfer and innovation in agriculture, forestry, and rural areas with a focus on the following areas:

(a)

fostering innovation and the knowledge base in rural areas;

| (a) | fostering innovation
  , new ways of cooperating,
  and
  the development of
  the knowledge base in rural areas; |
| --- | --- |

(a)

fostering innovation
  , new ways of cooperating,
  and
  the development of
  the knowledge base in rural areas;

| (b) | strengthening the links between agriculture and forestry and research and innovation; |
| --- | --- |

(b)

strengthening the links between agriculture and forestry and research and innovation;

| (b) | strengthening the links between agriculture and forestry and research and innovation; |
| --- | --- |

(b)

strengthening the links between agriculture and forestry and research and innovation;

| (c) | fostering lifelong learning and vocational training in the agricultural and forestry sectors. |
| --- | --- |

(c)

fostering lifelong learning and vocational training in the agricultural and forestry sectors.

| (c) | fostering lifelong learning and vocational training in the agricultural and forestry sectors
  , including as regards farm safety awareness; |
| --- | --- |

(c)

fostering lifelong learning and vocational training in the agricultural and forestry sectors
  , including as regards farm safety awareness;

(2)   enhancing competitiveness of all types of agriculture and
  enhancing farm viability
  , with a focus on the following areas:

(2)   enhancing
  farm viability and the
  competitiveness of all types of agriculture and
  forestry and of the food sector,
  with a focus on the following areas:

| (a) | facilitating restructuring of farms facing major structural problems, notably farms with a low degree of market participation, market-oriented farms in particular sectors and farms in need of agricultural diversification; |
| --- | --- |

(a)

facilitating restructuring of farms facing major structural problems, notably farms with a low degree of market participation, market-oriented farms in particular sectors and farms in need of agricultural diversification;

| (a) | encouraging investment in innovative farm technologies and facilitating their diffusion and uptake; |
| --- | --- |

(a)

encouraging investment in innovative farm technologies and facilitating their diffusion and uptake;

| (b) | facilitating generational renewal
  in the agricultural sector. |
| --- | --- |

(b)

facilitating generational renewal
  in the agricultural sector.

| (b) | facilitating
  the entry into the farming sector of new, fully skilled, entrants, including through
  generational renewal; |
| --- | --- |

(b)

facilitating
  the entry into the farming sector of new, fully skilled, entrants, including through
  generational renewal;

| (ba) | improving the economic performance of all farms, increasing market participation, orientation and diversification; |
| --- | --- |

(ba)

improving the economic performance of all farms, increasing market participation, orientation and diversification;

| (bb) | facilitating the restructuring and modernisation of farms; |
| --- | --- |

(bb)

facilitating the restructuring and modernisation of farms;

| (bc) | maintaining productive agriculture in mountainous or less favoured areas, or in outermost regions; |
| --- | --- |

(bc)

maintaining productive agriculture in mountainous or less favoured areas, or in outermost regions;

| (bd) | improving the competitiveness of the agri-food processing sector, including by increasing efficiency, and the value added to agricultural products. |
| --- | --- |

(bd)

improving the competitiveness of the agri-food processing sector, including by increasing efficiency, and the value added to agricultural products.

(3)   promoting food chain organisation and risk management in agriculture, with a focus on the following areas:

(3)   promoting food chain organisation and risk management in agriculture, with a focus on the following areas:

| (a) | better integrating primary producers into the food chain through quality schemes, promotion in local markets and short supply circuits, producer groups and inter-branch organisations; |
| --- | --- |

(a)

better integrating primary producers into the food chain through quality schemes, promotion in local markets and short supply circuits, producer groups and inter-branch organisations;

| (a) | better integrating primary producers into the food chain through quality schemes, promotion in local markets and short supply circuits, producer groups and inter-branch organisations; |
| --- | --- |

(a)

better integrating primary producers into the food chain through quality schemes, promotion in local markets and short supply circuits, producer groups and inter-branch organisations;

| (b) | supporting farm risk management: |
| --- | --- |

(b)

supporting farm risk management:

| (b) | supporting farm risk
  prevention and
  management: |
| --- | --- |

(b)

supporting farm risk
  prevention and
  management:

(4)   restoring, preserving and enhancing ecosystems
  dependent on
  agriculture and forestry, with a focus on the following areas:

(4)   restoring, preserving and enhancing ecosystems
  that are influenced by
  agriculture and forestry, with a focus on the following areas:

| (a) | restoring and preserving biodiversity, including in Natura 2000 areas and high nature value farming, and the state of European landscapes; |
| --- | --- |

(a)

restoring and preserving biodiversity, including in Natura 2000 areas and high nature value farming, and the state of European landscapes;

| (a) | restoring and preserving biodiversity, including in Natura 2000 areas and high nature value farming, and the state of European landscapes; |
| --- | --- |

(a)

restoring and preserving biodiversity, including in Natura 2000 areas and high nature value farming, and the state of European landscapes;

| (aa) | improving animal welfare; |
| --- | --- |

(aa)

improving animal welfare;

| (b) | improving water management; |
| --- | --- |

(b)

improving water management;

| (b) | improving water management; |
| --- | --- |

(b)

improving water management;

| (c) | improving soil management. |
| --- | --- |

(c)

improving soil management.

| (c) | improving soil management. |
| --- | --- |

(c)

improving soil management.

(5)   promoting resource efficiency and supporting the shift towards a low carbon and climate resilient economy in agriculture, food and forestry sectors, with a focus on the following areas:

(5)   promoting resource efficiency and supporting the shift towards a low carbon and climate resilient economy in agriculture, food and forestry sectors, with a focus on the following areas:

| (a) | increasing efficiency in water use by agriculture; |
| --- | --- |

(a)

increasing efficiency in water use by agriculture;

| (a) | increasing efficiency in water use by agriculture; |
| --- | --- |

(a)

increasing efficiency in water use by agriculture;

| (b) | increasing efficiency in energy use in agriculture and food processing; |
| --- | --- |

(b)

increasing efficiency in energy use in agriculture and food processing;

| (b) | increasing efficiency in energy use in agriculture and food processing; |
| --- | --- |

(b)

increasing efficiency in energy use in agriculture and food processing;

| (c) | facilitating the supply and use of renewable sources of energy, of by-products, wastes, residues and other non food raw material for purposes of the bio-economy; |
| --- | --- |

(c)

facilitating the supply and use of renewable sources of energy, of by-products, wastes, residues and other non food raw material for purposes of the bio-economy;

| (c) | facilitating the supply and use of renewable sources of energy, of by-products, wastes, residues and other non-food raw material for purposes of the bio-economy; |
| --- | --- |

(c)

facilitating the supply and use of renewable sources of energy, of by-products, wastes, residues and other non-food raw material for purposes of the bio-economy;

| (d) | reducing
  nitrous oxide and methane
  emissions from agriculture; |
| --- | --- |

(d)

reducing
  nitrous oxide and methane
  emissions from agriculture;

| (d) | reducing
  greenhouse gas and ammonia
  emissions from agriculture
  and improving air quality
  ; |
| --- | --- |

(d)

reducing
  greenhouse gas and ammonia
  emissions from agriculture
  and improving air quality
  ;

| (e) | fostering carbon sequestration in agriculture and forestry; |
| --- | --- |

(e)

fostering carbon sequestration in agriculture and forestry;

| (e) | fostering carbon
  conservation and
  sequestration in agriculture and forestry; |
| --- | --- |

(e)

fostering carbon
  conservation and
  sequestration in agriculture and forestry;

| (ea) | facilitating the use of new research-based products and application methods and processes in the agri-food value chain to improve biodiversity management and resource-efficiency; |
| --- | --- |

(ea)

facilitating the use of new research-based products and application methods and processes in the agri-food value chain to improve biodiversity management and resource-efficiency;

(6)   promoting social inclusion poverty reduction and economic development in rural areas, with a focus on the following areas:

(6)   promoting social inclusion poverty reduction and economic development in rural areas, with a focus on the following areas:

| (a) | facilitating diversification, creation of new small enterprises and job creation; |
| --- | --- |

(a)

facilitating diversification, creation of new small enterprises and job creation;

| (a) | facilitating diversification, creation of new small enterprises and job creation; |
| --- | --- |

(a)

facilitating diversification, creation of new small enterprises and job creation;

| (b) | fostering local development in rural areas; |
| --- | --- |

(b)

fostering local development in rural areas;

| (b) | fostering local development in rural areas; |
| --- | --- |

(b)

fostering local development in rural areas;

| (c) | enhancing accessibility to, use and quality of information and communication technologies (ICT) in rural areas. |
| --- | --- |

(c)

enhancing accessibility to, use and quality of information and communication technologies (ICT) in rural areas.

| (c) | enhancing accessibility to, use and quality of information and communication technologies (ICT) in rural areas. |
| --- | --- |

(c)

enhancing accessibility to, use and quality of information and communication technologies (ICT) in rural areas.

All of the priorities shall contribute to the cross-cutting objectives of innovation, environment and climate change mitigation and adaptation.

All of the priorities shall contribute to the cross-cutting objectives of innovation, environment and climate change mitigation and adaptation.

Amendment 36

Proposal for a regulation

Article 6 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   There shall be consistency between support from the EAFRD and the measures financed by the European Agricultural Guarantee Fund. | 1.   There shall be consistency between support from the EAFRD and the measures financed by the European Agricultural Guarantee Fund
  , or other Union financial instruments. |

Text proposed by the Commission

Amendment

1.   There shall be consistency between support from the EAFRD and the measures financed by the European Agricultural Guarantee Fund.

1.   There shall be consistency between support from the EAFRD and the measures financed by the European Agricultural Guarantee Fund
  , or other Union financial instruments.

Amendment 173

Proposal for a regulation

Article 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 6a |
| | Policy Coherence for Development |
| | The reform shall ensure that, in accordance with Article 208 of the TFEU, objectives of development cooperation, including those approved in the context of the United Nations and other international organisations, are taken into account by the CAP. Measures taken under this Regulation shall not jeopardise the food production capacity and long-term food security of developing countries, in particular least developed countries (LDCs), and shall contribute to achieving the Union's commitments on mitigating climate change. In promoting sustainable agriculture, the Union should build on the conclusions of the International Assessment of Agricultural Knowledge, Science and Technology for Development (IAASTD). |

Text proposed by the Commission

Amendment

Article 6a

Policy Coherence for Development

The reform shall ensure that, in accordance with Article 208 of the TFEU, objectives of development cooperation, including those approved in the context of the United Nations and other international organisations, are taken into account by the CAP. Measures taken under this Regulation shall not jeopardise the food production capacity and long-term food security of developing countries, in particular least developed countries (LDCs), and shall contribute to achieving the Union's commitments on mitigating climate change. In promoting sustainable agriculture, the Union should build on the conclusions of the International Assessment of Agricultural Knowledge, Science and Technology for Development (IAASTD).

Amendment 37

Proposal for a regulation

Article 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The EAFRD shall act in the Member States through rural development programmes. These programmes shall implement a strategy to meet the Union priorities for rural development through a set of measures defined in Title III, for the achievement of which aid from the EAFRD will be sought. | 1.   The EAFRD shall act in the Member States through rural development programmes. These programmes shall implement a strategy to meet the Union priorities for rural development through a set of measures defined in Title III, for the achievement of which aid from the EAFRD will be sought. |
| 2.   A Member State may submit
  either
  a single programme for its entire territory or a set of regional programmes. | 2.   A Member State may submit a single programme for its entire territory or a set of regional programmes
  , or both. Measures implemented at national level shall not be implemented through regional programmes. |
| 3.   Member States with regional programmes may also submit for approval a national framework containing common elements for these programmes without a separate budgetary allocation. | 3.   Member States with regional programmes m ay also submit for approval national framework containing common elements for these programmes without a separate budgetary allocation. |

Text proposed by the Commission

Amendment

1.   The EAFRD shall act in the Member States through rural development programmes. These programmes shall implement a strategy to meet the Union priorities for rural development through a set of measures defined in Title III, for the achievement of which aid from the EAFRD will be sought.

1.   The EAFRD shall act in the Member States through rural development programmes. These programmes shall implement a strategy to meet the Union priorities for rural development through a set of measures defined in Title III, for the achievement of which aid from the EAFRD will be sought.

2.   A Member State may submit
  either
  a single programme for its entire territory or a set of regional programmes.

2.   A Member State may submit a single programme for its entire territory or a set of regional programmes
  , or both. Measures implemented at national level shall not be implemented through regional programmes.

3.   Member States with regional programmes may also submit for approval a national framework containing common elements for these programmes without a separate budgetary allocation.

3.   Member States with regional programmes m ay also submit for approval national framework containing common elements for these programmes without a separate budgetary allocation.

Amendment 38

Proposal for a regulation

Article 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States may include within their rural development programmes thematic sub-programmes
  , contributing to the Union priorities for rural development,
  aimed to address specific needs
  identified, in particular in relation
  to: | 1.   
  With the aim of contributing to the achievement of rural development priorities,
  Member States may include within their rural development programmes thematic sub-programmes
  that
  address specific needs
  . Such thematic sub-programmes may, inter alia, relate
  to: |
| (a) | young farmers; |

Text proposed by the Commission

Amendment

1.   Member States may include within their rural development programmes thematic sub-programmes
  , contributing to the Union priorities for rural development,
  aimed to address specific needs
  identified, in particular in relation
  to:

1.   
  With the aim of contributing to the achievement of rural development priorities,
  Member States may include within their rural development programmes thematic sub-programmes
  that
  address specific needs
  . Such thematic sub-programmes may, inter alia, relate
  to:

(a)

young farmers;

| (a) | young farmers; |
| --- | --- |

(a)

young farmers;

| (b) | small farms as referred to in the third subparagraph of Article 20(2); |
| --- | --- |

(b)

small farms as referred to in the third subparagraph of Article 20(2);

| (b) | small farms as referred to in the third subparagraph of Article 20(2); |
| --- | --- |

(b)

small farms as referred to in the third subparagraph of Article 20(2);

| (c) | mountain areas as referred to in Article 33(2); |
| --- | --- |

(c)

mountain areas as referred to in Article 33(2);

| (c) | mountain areas as referred to in Article 33(2); |
| --- | --- |

(c)

mountain areas as referred to in Article 33(2);

| (d) | short supply chains. |
| --- | --- |

(d)

short supply chains.

| (d) | short supply chains; |
| --- | --- |

(d)

short supply chains;

| (da) | women in rural areas. |
| --- | --- |

(da)

women in rural areas.

An indicative list of measures and types of operations of particular relevance to each thematic sub-programme is set out in Annex III.

An indicative list of measures and types of operations of particular relevance to each thematic sub-programme is set out in Annex III.

2.   Thematic sub-programmes may also address specific needs relating to the restructuring of agricultural sectors with a significant impact on the development of a specific rural area.

2.   Thematic sub-programmes may also address specific needs relating to the restructuring of agricultural sectors with a significant impact on the development of a specific rural area
  or other specific needs identified by the Member State
  .

3.   The support rates laid down in Annex I may be increased by 10 percentage points for operations supported in the framework of thematic sub-programmes concerning small farms and short supply chains. In the case of young farmers and mountain areas, the maximum support rates may be increased in accordance with Annex I. However, the maximum combined support rate shall not exceed 90 %.

3.   The support rates laid down in Annex I may be increased by 10 percentage points for operations supported in the framework of thematic sub-programmes concerning small farms and short supply chains. In the case of
  , inter alia,
  young farmers and mountain areas, the maximum support rates may be increased in accordance with Annex I. However, the maximum combined support rate shall not exceed 90 %.

Amendment 39

Proposal for a regulation

Article 9 — paragraph 1 — point c — subparagraph 2 — point vii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (vii) | initiatives are planned for raising awareness and animating innovative actions and establishing operational groups of the EIP for agricultural
  productivity and
  sustainability; |

Text proposed by the Commission

Amendment

(vii)

initiatives are planned for raising awareness and animating innovative actions and establishing operational groups of the EIP for agricultural
  productivity and
  sustainability;

| (vii) | initiatives are planned for raising awareness and animating innovative actions and establishing operational groups of the EIP for agricultural
  production
  ,
  economic viability
  and sustainability; |
| --- | --- |

(vii)

initiatives are planned for raising awareness and animating innovative actions and establishing operational groups of the EIP for agricultural
  production
  ,
  economic viability
  and sustainability;

Amendment 40

Proposal for a regulation

Article 9 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| d) | the assessment of the ex ante conditionalities and, where required, the actions referred to in Article 17(4) of Regulation (EU) No [CSF/2012]

  and the milestones established for the purpose of Article 19 of Regulation (EU) No [CSF/2012]
  ; |

Text proposed by the Commission

Amendment

d)

the assessment of the ex ante conditionalities and, where required, the actions referred to in Article 17(4) of Regulation (EU) No [CSF/2012]

  and the milestones established for the purpose of Article 19 of Regulation (EU) No [CSF/2012]
  ;

| (d) | the assessment of the ex ante conditionalities
  pertaining to rural development referred to in Annex IV which are relevant to the programme
  and, where required, the actions referred to in Article 17(4) of Regulation (EU) No .../2013 [CSF]; |
| --- | --- |

(d)

the assessment of the ex ante conditionalities
  pertaining to rural development referred to in Annex IV which are relevant to the programme
  and, where required, the actions referred to in Article 17(4) of Regulation (EU) No .../2013 [CSF];

Justification

The ex ante conditionalities for rural development programmes should not impinge on areas falling outside the remit of the Rural Development Policy, and should be used only for assessment of conditions directly related to work under the programme.

Amendment 41

Proposal for a regulation

Article 9 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | in relation to local development, a specific description of the coordination mechanisms between the local development strategies, the measure co-operation referred to in Article 36, the measure basic services and village renewal in rural areas referred to in Article 21 and the support for non-agricultural activities in rural areas under the measure farm and business development in rural areas referred to in Article 20; |

Text proposed by the Commission

Amendment

(f)

in relation to local development, a specific description of the coordination mechanisms between the local development strategies, the measure co-operation referred to in Article 36, the measure basic services and village renewal in rural areas referred to in Article 21 and the support for non-agricultural activities in rural areas under the measure farm and business development in rural areas referred to in Article 20;

| (f) | in relation to local development, a specific description of the coordination mechanisms between the local development strategies, the measure
  regarding
  co-operation referred to in Article 36, the measure
  regarding
  basic services and village renewal in rural areas referred to in Article 21
  including urban-rural links
  and
  cross-regional cooperation and
  the support for non-agricultural activities in rural areas under the measure
  regarding
  farm and business development in rural areas referred to in Article 20; |
| --- | --- |

(f)

in relation to local development, a specific description of the coordination mechanisms between the local development strategies, the measure
  regarding
  co-operation referred to in Article 36, the measure
  regarding
  basic services and village renewal in rural areas referred to in Article 21
  including urban-rural links
  and
  cross-regional cooperation and
  the support for non-agricultural activities in rural areas under the measure
  regarding
  farm and business development in rural areas referred to in Article 20;

Amendment 42

Proposal for a regulation

Article 9 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | a description of the approach towards innovation in view of enhancing
  productivity
  and sustainable resource management and the contribution to achieving the objectives of the EIP for agricultural
  productivity
  and sustainability referred to in Article 61; |

Text proposed by the Commission

Amendment

(g)

a description of the approach towards innovation in view of enhancing
  productivity
  and sustainable resource management and the contribution to achieving the objectives of the EIP for agricultural
  productivity
  and sustainability referred to in Article 61;

| (g) | a description of the approach towards innovation in view of enhancing
  production by farms, their economic viability
  and sustainable resource management and the contribution to achieving the objectives of the EIP for agricultural
  production
  ,
  economic viability
  and sustainability referred to in Article 61; |
| --- | --- |

(g)

a description of the approach towards innovation in view of enhancing
  production by farms, their economic viability
  and sustainable resource management and the contribution to achieving the objectives of the EIP for agricultural
  production
  ,
  economic viability
  and sustainability referred to in Article 61;

Amendment 43

Proposal for a regulation

Article 9 — paragraph 1 — point j

| Text proposed by the Commission | Amendment |
| --- | --- |
| (j) | an indicator plan comprising for each of the Union priorities for rural development included in the programme the indicators and the selected measures with planned outputs and planned expenditure, broken down between public and private; |

Text proposed by the Commission

Amendment

(j)

an indicator plan comprising for each of the Union priorities for rural development included in the programme the indicators and the selected measures with planned outputs and planned expenditure, broken down between public and private;

| (j) | an indicator plan comprising for each of the Union priorities for rural development included in the programme the indicators and the selected measures with planned
  process and policy focused
  outputs and planned expenditure, broken down between public and private; |
| --- | --- |

(j)

an indicator plan comprising for each of the Union priorities for rural development included in the programme the indicators and the selected measures with planned
  process and policy focused
  outputs and planned expenditure, broken down between public and private;

Justification

To ensure a clear link between policy objectives for rural development and evidence in the programming documents justifying specific objectives where intervention is required, it is necessary to maintain a focus on policy objectives in the programme output measures.

Amendment 44

Proposal for a regulation

Article 9 — paragraph 1 — point m

| Text proposed by the Commission | Amendment |
| --- | --- |
| (m) | information on the complementarity with measures financed by the other common agricultural policy instruments,
  through cohesion policy or by the EMFF
  ; |

Text proposed by the Commission

Amendment

(m)

information on the complementarity with measures financed by the other common agricultural policy instruments,
  through cohesion policy or by the EMFF
  ;

| (m) | information on the complementarity with measures financed by the other common agricultural policy instruments,
  on the mechanisms that ensure coordination with measures supported by other CSF funds, and on the application of financing instruments referred to in Title IV of Regulation (EU) No .../2013 [CSF]. |
| --- | --- |

(m)

information on the complementarity with measures financed by the other common agricultural policy instruments,
  on the mechanisms that ensure coordination with measures supported by other CSF funds, and on the application of financing instruments referred to in Title IV of Regulation (EU) No .../2013 [CSF].

Amendment 45

Proposal for a regulation

Article 9 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | a separate specific indicator plan, with planned outputs and planned expenditure, broken down between public and private. |

Text proposed by the Commission

Amendment

(c)

a separate specific indicator plan, with planned outputs and planned expenditure, broken down between public and private.

| (c) | a separate specific indicator plan, with planned
  process-focused and policy-focused
  outputs and planned expenditure, broken down between public and private. |
| --- | --- |

(c)

a separate specific indicator plan, with planned
  process-focused and policy-focused
  outputs and planned expenditure, broken down between public and private.

Justification

To ensure a clear link between policy objectives for rural development and evidence in the programming documents justifying specific objectives where intervention is required, it is necessary to maintain a focus on policy objectives in the programme output measures.

Amendment 46

Proposal for a regulation

Article 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| In addition to
  the ex ante conditionalities referred to in Annex IV
  , the general ex ante conditionalities established in Annex IV of Regulation (EU) No [CSF/2012]
  shall apply for the EAFRD. | The ex-ante conditionalities referred to in Annex IV shall apply for the EAFRD
  if they are relevant and can be applied to the specific goals pursued with the programme’s priorities
  . |

Text proposed by the Commission

Amendment

In addition to
  the ex ante conditionalities referred to in Annex IV
  , the general ex ante conditionalities established in Annex IV of Regulation (EU) No [CSF/2012]
  shall apply for the EAFRD.

The ex-ante conditionalities referred to in Annex IV shall apply for the EAFRD
  if they are relevant and can be applied to the specific goals pursued with the programme’s priorities
  .

Justification

Policy for development in the agricultural area may not be conscientious for the fulfilment of requirements in other political areas. Just for essential priorities of this policy ex-ante- conditionality should be a requirement.

Amendment 47

Proposal for a regulation

Article 11 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The Commission may approve a rural development programme before the adoption of a Partnership Contract with a Member State in those cases where the Commission considers that all the elements of the rural development programme conform to the provisions of this Regulation and to those parts of the Partnership Contract pertaining to the EAFRD. |

Text proposed by the Commission

Amendment

2a.
     
  The Commission may approve a rural development programme before the adoption of a Partnership Contract with a Member State in those cases where the Commission considers that all the elements of the rural development programme conform to the provisions of this Regulation and to those parts of the Partnership Contract pertaining to the EAFRD.

Amendment 48

Proposal for a regulation

Article 12 — paragraph 1 — point a — point ii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (ii) | a change in the EAFRD contribution rate of one or more measures; |

Text proposed by the Commission

Amendment

(ii)

a change in the EAFRD contribution rate of one or more measures;

deleted

Amendment 49

Proposal for a regulation

Article 12 — paragraph 1 — point a — point iv

| Text proposed by the Commission | Amendment |
| --- | --- |
| (iv) | a transfer of funds between measures implemented under different EAFRD contribution rates. |

Text proposed by the Commission

Amendment

(iv)

a transfer of funds between measures implemented under different EAFRD contribution rates.

deleted

Amendment 50

Proposal for a regulation

Article 12 — paragraph 1 — point a — point iv a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (iva) | a transfer of funds between programmes, with a view to avoiding the loss of EAFRD resources. |

Text proposed by the Commission

Amendment

(iva)

a transfer of funds between programmes, with a view to avoiding the loss of EAFRD resources.

Justification

With a view to avoiding the loss of EU funds by Member States, the reallocation of resources between rural development programmes in the same Member State shall be permitted where implementation analysis demonstrates that there is a risk of automatic de-commitment.

Amendment 51

Proposal for a regulation

Article 12 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  The approval referred to in paragraph 1 shall be issued by the Commission within two months of its receiving the request. |

Text proposed by the Commission

Amendment

1a.
     
  The approval referred to in paragraph 1 shall be issued by the Commission within two months of its receiving the request.

Amendment 52

Proposal for a regulation

Article 13 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall
  , by means of implementing acts,
  adopt rules on procedures and timetables for: | The Commission shall
  be empowered to
  adopt
  delegated acts, in accordance with Article 90, on
  rules on procedures and timetables for: |

Text proposed by the Commission

Amendment

The Commission shall
  , by means of implementing acts,
  adopt rules on procedures and timetables for:

The Commission shall
  be empowered to
  adopt
  delegated acts, in accordance with Article 90, on
  rules on procedures and timetables for:

Justification

This is not simply a technical decision.

Amendment 53

Proposal for a regulation

Article 13 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91. | deleted |

Text proposed by the Commission

Amendment

These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.

deleted

Amendment 54

Proposal for a regulation

Article 14 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Only those farmers that are active farmers as defined in Regulation (EU) No .../2013 [DP] shall benefit from measures targeting agricultural holdings. |

Text proposed by the Commission

Amendment

Only those farmers that are active farmers as defined in Regulation (EU) No .../2013 [DP] shall benefit from measures targeting agricultural holdings.

Amendment 55

Proposal for a regulation

Article 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under this measure shall cover vocational training and skills acquisition actions, demonstration activities and information actions. Vocational training and skills acquisition actions may include training courses, workshops and coaching. | 1.   Support under this measure shall cover vocational training and skills acquisition actions, demonstration activities and information actions. Vocational training and skills acquisition actions may include training courses, workshops and coaching. |
| Support may also cover short-term farm management exchange
  and
  farm
  visit
  . | Support may also cover short-term farm
  and forest
  management exchange
  as well as
  farm
  and forest visits
  . |
| 2.   Support under this measure shall be for the benefit of persons engaged in the agricultural, food and forestry sector, land managers and other economic actors which are SMEs operating in rural areas. | 2.   Support under this measure shall be for the benefit of persons engaged in the agricultural, food and forestry sector, land managers and other economic actors which are SMEs operating in rural areas.
  When providing support under this measure for SMEs, priority may be given to SMEs linked to the agriculture and forestry sectors. |
| The training or other knowledge transfer and information action provider shall be the beneficiary of the support. | The training or other knowledge transfer and information action provider
  , which may be a public body,
  shall be the beneficiary of the support. |
| 3.   Support under this measure shall not include courses of instruction or training, which form part of normal education programmes or systems at secondary or higher levels. | 3.   Support under this measure shall not include courses of instruction or training, which form part of normal education programmes or systems at secondary or higher levels. |
| Bodies providing knowledge transfer and information services shall have the appropriate capacities in the form of staff qualifications and regular training to carry out this task. | Bodies providing knowledge transfer and information services shall have the appropriate capacities in the form of staff qualifications and regular training to carry out this task. |
| 4.   Eligible costs under this measure shall be the costs of organising and delivering the knowledge transfer or information action. In the case of demonstration projects, support may also cover relevant investment costs. Costs for travel, accommodation and per diem expenses of participants as well as the cost of replacement of farmers shall also be eligible. | 4.   Eligible costs under this measure shall be the costs of organising and delivering the knowledge transfer or information action. In the case of demonstration projects, support may also cover relevant investment costs. Costs for travel, accommodation and per diem expenses of participants as well as the cost of replacement of farmers shall also be eligible. |
| 5.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the further specification of eligible costs, the minimum qualifications of bodies providing knowledge transfer services and the duration and content of farm exchange schemes and farm visits. | 5.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the further specification of eligible costs, the minimum qualifications of bodies providing knowledge transfer services and the duration and content of farm exchange schemes and farm visits. |

Text proposed by the Commission

Amendment

1.   Support under this measure shall cover vocational training and skills acquisition actions, demonstration activities and information actions. Vocational training and skills acquisition actions may include training courses, workshops and coaching.

1.   Support under this measure shall cover vocational training and skills acquisition actions, demonstration activities and information actions. Vocational training and skills acquisition actions may include training courses, workshops and coaching.

Support may also cover short-term farm management exchange
  and
  farm
  visit
  .

Support may also cover short-term farm
  and forest
  management exchange
  as well as
  farm
  and forest visits
  .

2.   Support under this measure shall be for the benefit of persons engaged in the agricultural, food and forestry sector, land managers and other economic actors which are SMEs operating in rural areas.

2.   Support under this measure shall be for the benefit of persons engaged in the agricultural, food and forestry sector, land managers and other economic actors which are SMEs operating in rural areas.
  When providing support under this measure for SMEs, priority may be given to SMEs linked to the agriculture and forestry sectors.

The training or other knowledge transfer and information action provider shall be the beneficiary of the support.

The training or other knowledge transfer and information action provider
  , which may be a public body,
  shall be the beneficiary of the support.

3.   Support under this measure shall not include courses of instruction or training, which form part of normal education programmes or systems at secondary or higher levels.

3.   Support under this measure shall not include courses of instruction or training, which form part of normal education programmes or systems at secondary or higher levels.

Bodies providing knowledge transfer and information services shall have the appropriate capacities in the form of staff qualifications and regular training to carry out this task.

Bodies providing knowledge transfer and information services shall have the appropriate capacities in the form of staff qualifications and regular training to carry out this task.

4.   Eligible costs under this measure shall be the costs of organising and delivering the knowledge transfer or information action. In the case of demonstration projects, support may also cover relevant investment costs. Costs for travel, accommodation and per diem expenses of participants as well as the cost of replacement of farmers shall also be eligible.

4.   Eligible costs under this measure shall be the costs of organising and delivering the knowledge transfer or information action. In the case of demonstration projects, support may also cover relevant investment costs. Costs for travel, accommodation and per diem expenses of participants as well as the cost of replacement of farmers shall also be eligible.

5.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the further specification of eligible costs, the minimum qualifications of bodies providing knowledge transfer services and the duration and content of farm exchange schemes and farm visits.

5.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the further specification of eligible costs, the minimum qualifications of bodies providing knowledge transfer services and the duration and content of farm exchange schemes and farm visits.

Amendment 56

Proposal for a regulation

Article 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under this measure shall be granted in order to: | 1.   Support under this measure shall be granted in order to: |
| (a) | help farmers, forest holders and SMEs in rural areas benefit from the use of advisory services for the improvement of the economic and environmental performance as well as the climate friendliness and resilience of their holding, enterprise and/or investment; |

Text proposed by the Commission

Amendment

1.   Support under this measure shall be granted in order to:

1.   Support under this measure shall be granted in order to:

(a)

help farmers, forest holders and SMEs in rural areas benefit from the use of advisory services for the improvement of the economic and environmental performance as well as the climate friendliness and resilience of their holding, enterprise and/or investment;

| (a) | help farmers, forest holders and SMEs in rural areas benefit from the use of advisory services for the improvement of the economic and environmental performance as well as the climate friendliness and resilience of their holding, enterprise and/or investment; |
| --- | --- |

(a)

help farmers, forest holders and SMEs in rural areas benefit from the use of advisory services for the improvement of the economic and environmental performance as well as the climate friendliness and resilience of their holding, enterprise and/or investment;

| (b) | promote the setting up of farm management, farm relief and farm advisory services, as well as forestry advisory services, including the Farm Advisory System referred to in Articles 12, 13 and 14 of Regulation (EU) No HR/2012; |
| --- | --- |

(b)

promote the setting up of farm management, farm relief and farm advisory services, as well as forestry advisory services, including the Farm Advisory System referred to in Articles 12, 13 and 14 of Regulation (EU) No HR/2012;

| (b) | promote the setting up of farm management, farm relief and farm advisory services, as well as forestry advisory services, including the Farm Advisory System referred to in Articles 12, 13 and 14 of Regulation (EU) No .../2013
  [HR]; |
| --- | --- |

(b)

promote the setting up of farm management, farm relief and farm advisory services, as well as forestry advisory services, including the Farm Advisory System referred to in Articles 12, 13 and 14 of Regulation (EU) No .../2013
  [HR];

| (c) | promote the training of advisors. |
| --- | --- |

(c)

promote the training of advisors.

| (c) | promote the training of advisors. |
| --- | --- |

(c)

promote the training of advisors.

| (ca) | support the setting up of young farmers. |
| --- | --- |

(ca)

support the setting up of young farmers.

2.   The beneficiary of support provided in paragraph 1(a)
  and
  (c) shall be the provider of advice or training. Support under paragraph 1(b) shall be granted to the authority or body selected to set up the farm management, farm relief, farm advisory or forestry advisory service.

2.   The beneficiary of support provided in paragraph 1(a), (c)
  and (ca)
  shall be the provider of advice or training. Support under paragraph 1(b) shall be granted to the authority or body selected to set up the farm management, farm relief, farm advisory or forestry advisory service.

3.   The authorities or bodies selected to provide advice shall have the appropriate resources in the form of regularly trained and qualified staff and advisory experience and reliability with respect to the fields they advise in. The beneficiaries shall be chosen through calls for proposals. The selection procedure shall be
  objective and
  be open to public
  as well as to
  private bodies.

3.   The authorities or bodies selected to provide advice shall have the appropriate resources in the form of regularly trained and qualified staff and advisory experience
  and shall demonstrate independence
  and reliability with respect to the fields they advise in. The beneficiaries shall be chosen through calls for proposals. The selection procedure shall be
  governed by public law and shall
  be open to
  both
  public
  and
  private bodies.
  It shall be objective and shall exclude candidates with conflicts of interest.

When providing advice, advisory services shall respect the non-disclosure obligations referred to in Article 13(2) of Regulation (EU) No HR/2012

When providing advice, advisory services shall respect the non-disclosure obligations referred to in Article 13(2) of Regulation (EU) No .../2013 [HR]

3a.
     
  The Farm Advisory System shall meet the requirements laid down in Article 12 of Regulation (EU) No .../2013 [HR]. Additional support for advisory services shall only be granted if the Member State has set up a Farm Advisory System pursuant to Article 12 of Regulation (EU) No .../2013 [HR].

4.   Advice to farmers shall be linked to
  at least one
  Union
  priority
  for rural development and shall cover
  as a minimum one
  of the following elements:

4.   Advice to farmers shall be linked to
  two or more
  Union
  priorities
  for rural development and shall cover
  two or more
  of the following elements:

| (a) | one or more of the statutory management requirements and/or standards for good agricultural and environmental conditions provided for in Chapter I of Title VI of Regulation (EU) No HR/2012; |
| --- | --- |

(a)

one or more of the statutory management requirements and/or standards for good agricultural and environmental conditions provided for in Chapter I of Title VI of Regulation (EU) No HR/2012;

| (a) | one or more of the statutory management requirements and/or standards for good agricultural and environmental conditions provided for in Chapter I of Title VI of Regulation (EU) No .../2013 [HR]; |
| --- | --- |

(a)

one or more of the statutory management requirements and/or standards for good agricultural and environmental conditions provided for in Chapter I of Title VI of Regulation (EU) No .../2013 [HR];

| (b) | where applicable, the agricultural practices beneficial for the climate and the environment as laid down in Chapter 2 of Title III of Regulation (EU) No DP/2012 and the maintenance of the agricultural area as referred to in Article 4(1)(c) of Regulation (EU) No DP/2012; |
| --- | --- |

(b)

where applicable, the agricultural practices beneficial for the climate and the environment as laid down in Chapter 2 of Title III of Regulation (EU) No DP/2012 and the maintenance of the agricultural area as referred to in Article 4(1)(c) of Regulation (EU) No DP/2012;

| (b) | where applicable, the agricultural practices beneficial for the climate and the environment as laid down in Chapter 2 of Title III of Regulation (EU) No .../2013 [DP]and the maintenance of the agricultural area as referred to in Article 4(1)(c) of Regulation (EU) No .../2013 [DP]; |
| --- | --- |

(b)

where applicable, the agricultural practices beneficial for the climate and the environment as laid down in Chapter 2 of Title III of Regulation (EU) No .../2013 [DP]and the maintenance of the agricultural area as referred to in Article 4(1)(c) of Regulation (EU) No .../2013 [DP];

| (c) | the requirements or actions related to climate change mitigation and adaptation, biodiversity, the protection of water and soil, animal and plant disease notification and innovation as laid down in Annex I to Regulation (EU) No HR/2012; |
| --- | --- |

(c)

the requirements or actions related to climate change mitigation and adaptation, biodiversity, the protection of water and soil, animal and plant disease notification and innovation as laid down in Annex I to Regulation (EU) No HR/2012;

| (c) | the requirements or actions related to climate change mitigation and adaptation, biodiversity, the protection of water and soil, animal and plant disease notification and innovation as laid down in Annex I to Regulation (EU) No .../2013 [HR]; |
| --- | --- |

(c)

the requirements or actions related to climate change mitigation and adaptation, biodiversity, the protection of water and soil, animal and plant disease notification and innovation as laid down in Annex I to Regulation (EU) No .../2013 [HR];

| (d) | the sustainable development of the economical activity of the small farms as defined by the Member States and at least of the farms participating in the Small farmers scheme referred to in Title V of Regulation (EU) No DP/2012; or |
| --- | --- |

(d)

the sustainable development of the economical activity of the small farms as defined by the Member States and at least of the farms participating in the Small farmers scheme referred to in Title V of Regulation (EU) No DP/2012; or

| (d) | the sustainable development of the economical activity of the small farms as defined by the Member States and at least of the farms participating in the Small farmers scheme referred to in Title V of Regulation (EU) No .../2013 [DP]; or |
| --- | --- |

(d)

the sustainable development of the economical activity of the small farms as defined by the Member States and at least of the farms participating in the Small farmers scheme referred to in Title V of Regulation (EU) No .../2013 [DP]; or

| (e) | where relevant, occupational safety standards based on Union legislation. |
| --- | --- |

(e)

where relevant, occupational safety standards based on Union legislation.

| (e) | where relevant, occupational safety
  or farm safety
  standards based on Union
  or national

  law; |
| --- | --- |

(e)

where relevant, occupational safety
  or farm safety
  standards based on Union
  or national

  law;

| (ea) | support for the setting up of young farmers or new farmers, access to land and loans for setting up a farm, or any of these; |
| --- | --- |

(ea)

support for the setting up of young farmers or new farmers, access to land and loans for setting up a farm, or any of these;

| (eb) | the sustainable development of the economic activities of agricultural holdings in line with all measures recommended in the rural development programmes, including farm modernisation, competitiveness building, sectoral integration and the development of organic farming; |
| --- | --- |

(eb)

the sustainable development of the economic activities of agricultural holdings in line with all measures recommended in the rural development programmes, including farm modernisation, competitiveness building, sectoral integration and the development of organic farming;

| (ec) | specific advisory services supporting local processing and short distance marketing including training and the implementation of adapted hygiene rules and food safety standards; |
| --- | --- |

(ec)

specific advisory services supporting local processing and short distance marketing including training and the implementation of adapted hygiene rules and food safety standards;

| (ed) | the ‘One health’ aspects of animal husbandry. |
| --- | --- |

(ed)

the ‘One health’ aspects of animal husbandry.

Advice may also cover other issues linked to the economic, agricultural and environmental performance of the agricultural holding.

Advice may also cover other issues linked to the economic, agricultural and environmental performance of the agricultural holding.

5.   Advice to forest holders shall cover as a minimum the relevant obligations under Directives 92/43/EEC, 2009/147/ECand 2000/60/EC. It may also cover issues linked to the economic and environmental performance of the forest holding.

5.   Advice to forest holders shall cover as a minimum the relevant obligations under Directives 92/43/EEC, 2009/147/EC and 2000/60/EC. It may also cover issues linked to the economic and environmental performance of the forest holding.

6.   Advice to SMEs may cover issues linked to the economic and environmental performance of the enterprise.

6.   Advice to SMEs may cover issues linked to the economic and environmental performance of the enterprise.
  Priority may be given to micro-enterprises and to SMEs linked to the agriculture and forestry sectors.

7.   Where justified and appropriate, advice may be partly provided in group, while taking into account the situations of the individual user of advisory services.

7.   Where justified and appropriate, advice may be partly provided in group, while taking into account the situations of the individual user of advisory services.

8.   Support under paragraphs 1(a) and (c) shall be limited to the maximum amounts laid down in Annex I. Support under paragraph 1(b) shall be degressive over a maximum period of five years from setting up.

8.   Support under paragraphs 1(a) and (c) shall be limited to the maximum amounts laid down in Annex I. Support under paragraph 1(b) shall be degressive over a maximum period of five years from setting up.

9.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the further specification of the minimum qualifications of the authorities or bodies providing advice.

9.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the further specification of the minimum qualifications of the authorities or bodies providing advice.

Amendment 57

Proposal for a regulation

Article 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under this measure shall cover new participation by farmers in: | 1.   Support under this measure shall cover new participation by farmers
  , producer groups and producer organisations
  in: |
| (a) | quality schemes for agricultural products, cotton or foodstuffs established by Union legislation; |

Text proposed by the Commission

Amendment

1.   Support under this measure shall cover new participation by farmers in:

1.   Support under this measure shall cover new participation by farmers
  , producer groups and producer organisations
  in:

(a)

quality schemes for agricultural products, cotton or foodstuffs established by Union legislation;

| (a) | quality schemes for agricultural products, cotton or foodstuffs established by Union law; |
| --- | --- |

(a)

quality schemes for agricultural products, cotton or foodstuffs established by Union law;

| (b) | quality schemes for agricultural products, cotton or foodstuffs recognised by the Member States as complying with the following criteria: |
| --- | --- |

(b)

quality schemes for agricultural products, cotton or foodstuffs recognised by the Member States as complying with the following criteria:

| (b) | quality schemes for agricultural products, cotton or foodstuffs recognised by the Member States as complying with the following criteria: |
| --- | --- |

(b)

quality schemes for agricultural products, cotton or foodstuffs recognised by the Member States as complying with the following criteria:

| | (i) | the specificity of the final product under such schemes is derived from clear obligations to guarantee: |
| --- | --- | --- |

(i)

the specificity of the final product under such schemes is derived from clear obligations to guarantee:

| | (i) | the specificity of the final product under such schemes is derived from clear obligations to guarantee: |
| --- | --- | --- |

(i)

the specificity of the final product under such schemes is derived from clear obligations to guarantee:

| | | — | specific product characteristics, or |
| --- | --- | --- | --- |

—

specific product characteristics, or

| | | — | specific product characteristics, or |
| --- | --- | --- | --- |

—

specific product characteristics, or

| | | — | specific farming or production methods, or |
| --- | --- | --- | --- |

—

specific farming or production methods, or

| | | — | specific farming or production methods, or |
| --- | --- | --- | --- |

—

specific farming or production methods, or

| | | — | a quality of the final product that goes significantly beyond the commercial commodity standards as regards public, animal or plant health, animal welfare or environmental protection; |
| --- | --- | --- | --- |

—

a quality of the final product that goes significantly beyond the commercial commodity standards as regards public, animal or plant health, animal welfare or environmental protection;

| | | — | a quality of the final product that goes significantly beyond the commercial commodity standards as regards public, animal or plant health, animal welfare or environmental protection;
  or |
| --- | --- | --- | --- |

—

a quality of the final product that goes significantly beyond the commercial commodity standards as regards public, animal or plant health, animal welfare or environmental protection;
  or

| | | — | short and local food supply chains |
| --- | --- | --- | --- |

—

short and local food supply chains

| (ii) | the scheme is open to all producers; |
| --- | --- |

(ii)

the scheme is open to all producers;

| | (ii) | the scheme is open to all producers; |
| --- | --- | --- |

(ii)

the scheme is open to all producers;

| (iii) | the scheme involves binding product specifications and compliance with those specifications is verified by public authorities or by an independent inspection body; |
| --- | --- |

(iii)

the scheme involves binding product specifications and compliance with those specifications is verified by public authorities or by an independent inspection body;

| | (iii) | the scheme involves binding product specifications and compliance with those specifications is verified by public authorities or by an independent inspection body; |
| --- | --- | --- |

(iii)

the scheme involves binding product specifications and compliance with those specifications is verified by public authorities or by an independent inspection body;

| (iv) | the scheme is transparent and assures complete traceability of products; |
| --- | --- |

(iv)

the scheme is transparent and assures complete traceability of products;

| | (iv) | the scheme is transparent and assures complete traceability of products; |
| --- | --- | --- |

(iv)

the scheme is transparent and assures complete traceability of products;

| | or |
| --- | --- |

or

| | or |
| --- | --- |

or

| (c) | voluntary agricultural product certification schemes recognised by the Member States as meeting the Union best practice guidelines for the operation of voluntary certification schemes relating to agricultural products and foodstuffs. |
| --- | --- |

(c)

voluntary agricultural product certification schemes recognised by the Member States as meeting the Union best practice guidelines for the operation of voluntary certification schemes relating to agricultural products and foodstuffs.

| (c) | voluntary agricultural-product
  and farm
  certification schemes recognised by the Member States as meeting the Union best practice guidelines for the operation of voluntary certification schemes relating to agricultural products and foodstuffs. |
| --- | --- |

(c)

voluntary agricultural-product
  and farm
  certification schemes recognised by the Member States as meeting the Union best practice guidelines for the operation of voluntary certification schemes relating to agricultural products and foodstuffs.

1a.
     
  Support may also cover costs arising to farmers or producer groups and producer organisations from information and promotion activities for products under the quality schemes referred to in paragraph 1(a) and (b).

2.   Support shall be granted as an annual incentive payment, the level of which shall be determined according to the level of the fixed costs arising from participation in supported schemes, for a maximum duration of five years.

2.   Support shall be granted as an annual incentive payment, the level of which shall be determined according to the level of the fixed costs arising from participation in supported schemes, for a maximum duration of five years.

By way of derogation from paragraph 1, support may also be provided to beneficiaries who participated in a similar scheme during the programming period 2007-2013, provided that double payments are excluded and that the overall maximum duration of five years is complied with. Support shall be paid annually on presentation of documents proving participation in the scheme. However, the producer shall make a single application covering a five-year period.

For the purposes of this paragraph, ‘fixed costs’ means the costs incurred for entering a supported quality scheme and the annual contribution for participating in that scheme, including, where necessary, expenditure on checks required to verify compliance with the specifications of the scheme.

For the purposes of this paragraph, ‘fixed costs’ means the costs incurred for entering a supported quality scheme and the annual contribution for participating in that scheme, including, where necessary, expenditure on checks required to verify compliance with the specifications of the scheme.

3.   Support shall be limited to the maximum amount laid down in Annex I.

3.   Support shall be limited to the maximum amount laid down in Annex I.
  Where support is provided to producer groups in accordance with paragraph 1a, Member States may fix a different maximum amount.

4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the specific Union quality schemes to be covered by paragraph 1(a).

4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the specific Union quality schemes to be covered by paragraph 1(a).

Amendment 58

Proposal for a regulation

Article 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under this measure shall cover tangible and/or intangible investments which: | 1.   Support under this measure shall cover tangible and/or intangible investments which: |
| (a) | improve the overall performance of the agricultural holding; |

Text proposed by the Commission

Amendment

1.   Support under this measure shall cover tangible and/or intangible investments which:

1.   Support under this measure shall cover tangible and/or intangible investments which:

(a)

improve the overall performance of the agricultural holding;

| (a) | improve the overall performance
  and sustainability
  of the agricultural holding
  , including its resource efficiency and greenhouse gas balance; |
| --- | --- |

(a)

improve the overall performance
  and sustainability
  of the agricultural holding
  , including its resource efficiency and greenhouse gas balance;

| (b) | concern the processing, marketing
  and/or
  development of agricultural products covered by Annex I to the Treaty or cotton. The output of the production process may be a product not covered by that Annex; |
| --- | --- |

(b)

concern the processing, marketing
  and/or
  development of agricultural products covered by Annex I to the Treaty or cotton. The output of the production process may be a product not covered by that Annex;

| (b) | concern the processing, marketing
  , conservation or
  development of agricultural products covered by Annex I to the Treaty or cotton,
  including such products covered by quality schemes as referred to in Article 17;

  the output of the production process may be a product not covered by that Annex;
  support may be granted for the setting up or development of small scale slaughterhouses; |
| --- | --- |

(b)

concern the processing, marketing
  , conservation or
  development of agricultural products covered by Annex I to the Treaty or cotton,
  including such products covered by quality schemes as referred to in Article 17;

  the output of the production process may be a product not covered by that Annex;
  support may be granted for the setting up or development of small scale slaughterhouses;

| (c) | concern infrastructure related to the development
  and
  adaptation of agriculture, including access to farm and forest land, land consolidation and improvement,
  energy supply
  and
  , water management
  ; or |
| --- | --- |

(c)

concern infrastructure related to the development
  and
  adaptation of agriculture, including access to farm and forest land, land consolidation and improvement,
  energy supply
  and
  , water management
  ; or

| (c) | concern infrastructure related to the development
  , modernisation or
  adaptation of agriculture, including access to farm and forest land, land consolidation and improvement,
  the supply and saving of energy and water
  and
  the collective management of land and water,
  or |
| --- | --- |

(c)

concern infrastructure related to the development
  , modernisation or
  adaptation of agriculture, including access to farm and forest land, land consolidation and improvement,
  the supply and saving of energy and water
  and
  the collective management of land and water,
  or

| (d) | are non productive investments linked to the achievement of agri- and forest- environment commitments, biodiversity conservation status of species and habitat as well as enhancing the public amenity value of a Natura 2000 area or other high nature value area to be defined in the programme. |
| --- | --- |

(d)

are non productive investments linked to the achievement of agri- and forest- environment commitments, biodiversity conservation status of species and habitat as well as enhancing the public amenity value of a Natura 2000 area or other high nature value area to be defined in the programme.

| (d) | are non productive investments linked to the achievement of agri- and forest- environment commitments, biodiversity conservation status of species and habitat
  and to the sustainable management of cynegetic and genetic resources,
  as well as enhancing the public amenity value of a Natura 2000 area or other high nature value area to be defined in the programme. |
| --- | --- |

(d)

are non productive investments linked to the achievement of agri- and forest- environment commitments, biodiversity conservation status of species and habitat
  and to the sustainable management of cynegetic and genetic resources,
  as well as enhancing the public amenity value of a Natura 2000 area or other high nature value area to be defined in the programme.

2.   Support under paragraph 1(a) shall be granted to agricultural holdings.
  In the case of investments to support farm restructuring, only farms not exceeding a certain size, to be defined by the Member States in the programme based on the SWOT analysis carried out in relation to the Union priority for rural development ‘enhancing competitiveness of all types of agriculture and enhancing farm viability’, shall be eligible.

2.   Support under paragraph 1(a) shall be granted to agricultural holdings
  or to producer groups and organisations.

3.   Support under this measure shall be limited to the maximum support rates laid down in Annex I. These maximum rates may be increased for young farmers, collective investments and integrated projects involving support under more than one measure, investments in areas facing significant natural constraints as referred to in Article 33(3) and operations supported in the framework of the EIP for agricultural productivity and sustainability in accordance with the support rates laid down in Annex I. However, the maximum combined support rate may not exceed 90 %.

3.   Support under this measure shall be limited to the maximum support rates laid down in Annex I. These maximum rates may be increased for young farmers
  for cooperation projects between small farmers to improve the sustainable productivity of their holdings and to encourage them to diversify into alternative sources of revenue including processing; for farmers or groups of farmers investing into agro-ecological production systems; for
  collective investments and integrated projects involving support under more than one measure
  ; for
  investments in areas facing significant natural constraints as referred to in Article 33(3) and
  for
  operations supported in the framework of the EIP for agricultural productivity and sustainability in accordance with the support rates laid down in Annex I. However, the maximum combined support rate may not exceed 90 %.

4.   Paragraph 3 shall not apply to non-productive investments referred to in paragraph 1(d).

4.   Paragraph 3 shall not apply to non-productive investments referred to in paragraph 1(d).

4a.
     
  Support may be granted in respect of investments made by farmers in order to comply with newly introduced Union standards in the fields of environmental protection, public health, animal and plant health, animal welfare and occupational safety adopted after the entry into force of this Regulation.

Amendment 59

Proposal for a regulation

Article 19 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | investments in preventive actions aimed at reducing the consequences of probable natural disasters and catastrophic events; |

Text proposed by the Commission

Amendment

(a)

investments in preventive actions aimed at reducing the consequences of probable natural disasters and catastrophic events;

| (a) | investments in preventive actions aimed at reducing the consequences of probable natural disasters
  , adverse ambient conditions
  and catastrophic events; |
| --- | --- |

(a)

investments in preventive actions aimed at reducing the consequences of probable natural disasters
  , adverse ambient conditions
  and catastrophic events;

Amendment 60

Proposal for a regulation

Article 19 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | investments for the restoration of agricultural land and production potential damaged by natural disasters and catastrophic events. |

Text proposed by the Commission

Amendment

(b)

investments for the restoration of agricultural land and production potential damaged by natural disasters and catastrophic events.

| (b) | investments for the restoration of agricultural land and production potential damaged by natural disasters
  , adverse ambient conditions
  and catastrophic events. |
| --- | --- |

(b)

investments for the restoration of agricultural land and production potential damaged by natural disasters
  , adverse ambient conditions
  and catastrophic events.

Amendment 61

Proposal for a regulation

Article 20

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under this measure shall cover: | 1.   Support under this measure shall cover: |
| (a) | business start-up aid for: |

Text proposed by the Commission

Amendment

1.   Support under this measure shall cover:

1.   Support under this measure shall cover:

(a)

business start-up aid for:

| (a) | business start-up aid for: |
| --- | --- |

(a)

business start-up aid for:

| | (i) | young farmers; |
| --- | --- | --- |

(i)

young farmers;

| | (i) | young farmers; |
| --- | --- | --- |

(i)

young farmers;

| | (ii) | non-agricultural activities in rural areas; |
| --- | --- | --- |

(ii)

non-agricultural activities in rural areas;

| | (ii) | non-agricultural activities
  and the provision of agricultural services
  in rural areas; |
| --- | --- | --- |

(ii)

non-agricultural activities
  and the provision of agricultural services
  in rural areas;

| | (iii) | the development of small farms; |
| --- | --- | --- |

(iii)

the development of small farms;

| | (iii) | the development of small farms; |
| --- | --- | --- |

(iii)

the development of small farms;

| (b) | investments in non-agricultural activities; |
| --- | --- |

(b)

investments in non-agricultural activities;

| (b) | investments in non-agricultural activities; |
| --- | --- |

(b)

investments in non-agricultural activities;

| (c) | annual
  payments for farmers participating in the small farmers scheme established by Title V of Regulation (EU) No DP/2012 (hereafter ‘the small farmers scheme’) who permanently transfer their holding to another farmer. |
| --- | --- |

(c)

annual
  payments for farmers participating in the small farmers scheme established by Title V of Regulation (EU) No DP/2012 (hereafter ‘the small farmers scheme’) who permanently transfer their holding to another farmer.

| (c) | one-off
  payments for farmers participating in the small farmers scheme established by Title V of Regulation (EU) No .../2013 [DP] (hereafter ‘the small farmers scheme’) who permanently transfer their holding to another farmer; |
| --- | --- |

(c)

one-off
  payments for farmers participating in the small farmers scheme established by Title V of Regulation (EU) No .../2013 [DP] (hereafter ‘the small farmers scheme’) who permanently transfer their holding to another farmer;

| (ca) | payments for farmers who permanently transfer their holding to another farmer with the intention of creating viable economic units. |
| --- | --- |

(ca)

payments for farmers who permanently transfer their holding to another farmer with the intention of creating viable economic units.

2.   Support under paragraph 1(a)(i) shall be granted to young farmers.

2.   Support under paragraph 1(a)(i) shall be granted to young farmers.

Support under paragraph 1(a)(ii) shall be granted to farmers or members of
  the
  farm household
  diversifying
  into non-agricultural activities and to non-agricultural micro- and small- enterprises in rural areas.

Support under paragraph 1(a)(ii) shall be granted to farmers or members of
  a
  farm household
  who diversify
  into non-agricultural activities and to non-agricultural micro- and small- enterprises in rural areas
  , including to those engaged in tourism
  .

Support under paragraph 1(a)(iii) shall be granted to small farms as defined by Member States.

Support under paragraph 1(a)(iii) shall be granted to small farms as defined by Member States.

Support under paragraph 1(b) shall be granted to non- agricultural micro- and small- enterprises in rural areas and to farmers or members of the farm household.

Support under paragraph 1(b) shall be granted to non- agricultural micro- and small- enterprises in rural areas and to farmers or members of the farm household.

Support under paragraph 1(c) shall be granted to farmers participating in the small farmers scheme, at the time of submitting their application for support, for at least one year and who commit to permanently transfer their entire holding and the corresponding payment entitlements to another farmer. Support shall be
  paid
  from the date of the transfer until 31 December 2020.

Support under paragraph 1(c) shall be granted to farmers participating in the small farmers scheme, at the time of submitting their application for support, for at least one year and who commit to permanently transfer their entire holding and the corresponding payment entitlements to another farmer. Support shall be
  calculated
  from the date of the transfer until 31 December 2020.

Support under paragraph 1(ca) shall be granted to farmers on condition that they:

| (a) | have practised farming for at least 10 years, |
| --- | --- |

(a)

have practised farming for at least 10 years,

| (b) | undertake to permanently transfer their entire holding and the corresponding payment entitlements to another farmer and |
| --- | --- |

(b)

undertake to permanently transfer their entire holding and the corresponding payment entitlements to another farmer and

| (c) | stop all commercial farming activity definitively. |
| --- | --- |

(c)

stop all commercial farming activity definitively.

Member States shall lay down additional criteria for the viability of economic units, which may be subject to support under paragraph 1(ca).

2a.
     
  When support is provided under paragraphs 1(a)(ii) or 1(b), priority may be given to non-agricultural activities linked to agriculture and forestry as well as to activities developed by community-led local partnerships.

3.   Any natural or legal person or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, may be considered as a member of a farm household, with the exception of farm workers. Where a legal person or a group of legal persons is considered as a member of the farm household, that member must exercise an agricultural activity on the farm at the time of the support application.

3.   Any natural or legal person or a group of natural or legal persons, whatever legal status is granted to the group and its members by national law, may be considered as a member of a farm household, with the exception of farm workers. Where a legal person or a group of legal persons is considered as a member of the farm household, that member must exercise an agricultural activity on the farm at the time of the support application.

4.   Support under paragraph 1(a) shall be conditional on the submission of a business plan. Implementation of the business plan has to start within six months from the date of the decision granting the aid.

4.   Support under paragraph 1(a) shall be conditional on the submission of a business plan. Implementation of the business plan has to start within six months from the date of the decision granting the aid.

Member States shall define upper and lower thresholds for allowing agricultural holdings access to support under paragraphs 1(a)(i) and 1(a)(iii) respectively. The lower threshold for support under paragraph 1(a)(i) shall be significantly higher than the upper threshold for support under paragraph 1(a)(iii). Support shall, however, be limited to holdings coming under the definition of micro- and small- enterprises.

Member States shall define upper and lower thresholds for allowing agricultural holdings access to support under paragraphs 1(a)(i) and 1(a)(iii) respectively. The lower threshold for support under paragraph 1(a)(i) shall be significantly higher than the upper threshold for support under paragraph 1(a)(iii). Support shall, however, be limited to holdings coming under the definition of micro- and small- enterprises.

Support under paragraph 1(a)(i) may also be targeted at land leasing for young farmers, and may take the form of a bank guarantee for land lease contracts and support for interest rates.

5.   Support under paragraph 1(a) shall be in the form of a flat rate payment, which may be paid in at least two instalments over a period of maximum five years. Instalments may be degressive. The payment of the last instalment, under paragraph 1(a)(i) and (ii) shall be conditional upon the correct implementation of the business plan.

5.   Support under paragraph 1(a) shall be in the form of a flat rate payment, which may be paid in at least two instalments over a period of maximum five years. Instalments may be degressive. The payment of the last instalment, under paragraph 1(a)(i) and (ii) shall be conditional upon the correct implementation of the business plan.

6.   The maximum amount of support for paragraph 1(a) is laid down in Annex I. Member States shall define the amount of support under paragraph 1(a)(i) and (ii) also taking into account the socio-economic situation of the programme area.

6.   The maximum amount of support for paragraph 1(a) is laid down in Annex I. Member States shall define the amount of support under paragraph 1(a)(i) and (ii) also taking into account the socio-economic situation of the programme area.

7.   Support under paragraph 1(c) shall be equal to 120 % of the annual payment that the beneficiary received under the small farmers scheme.

7.   Support under paragraph 1(c) shall be equal to 120 % of the annual payment that the beneficiary received under the small farmers scheme
  , calculated for the period from the date of the transfer until 31 December 2020. The corresponding amount shall be paid in the form of a one-off payment
  .

7a.
     
  Support under paragraph 1(ca) shall be granted in the form of a one-off payment up to the maximum amount laid down in Annex I.

8.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the minimum content of business plans and the criteria to be used by Member States for setting the thresholds referred to in paragraph 4.

8.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the minimum content of business plans and the criteria to be used by Member States for setting the thresholds referred to in paragraph 4.

Amendment 62

Proposal for a regulation

Article 21

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under this measure shall cover in particular: | 1.   Support under this measure shall cover in particular: |
| (a) | the drawing up and updating of plans for the development of municipalities in rural areas and their basic services and of protection and management plans relating to NATURA 2000 sites and other areas of high nature value; |

Text proposed by the Commission

Amendment

1.   Support under this measure shall cover in particular:

1.   Support under this measure shall cover in particular:

(a)

the drawing up and updating of plans for the development of municipalities in rural areas and their basic services and of protection and management plans relating to NATURA 2000 sites and other areas of high nature value;

| (a) | the drawing up and updating of plans for the development of municipalities in rural areas and their basic services and of protection and management plans relating to NATURA 2000 sites and other areas of high nature value; |
| --- | --- |

(a)

the drawing up and updating of plans for the development of municipalities in rural areas and their basic services and of protection and management plans relating to NATURA 2000 sites and other areas of high nature value;

| (b) | investments in the creation, improvement or expansion of all types of small scale infrastructure, including investments in renewable energy; |
| --- | --- |

(b)

investments in the creation, improvement or expansion of all types of small scale infrastructure, including investments in renewable energy;

| (b) | investments in the creation, improvement or expansion of all types of small scale infrastructure, including
  the development and expansion of local marketing and agro-tourism; and
  investments in renewable energy
  , energy saving systems and sustainable resource and waste management systems
  ; |
| --- | --- |

(b)

investments in the creation, improvement or expansion of all types of small scale infrastructure, including
  the development and expansion of local marketing and agro-tourism; and
  investments in renewable energy
  , energy saving systems and sustainable resource and waste management systems
  ;

| (c) | broadband infrastructure, including its creation, improvement and expansion, passive broadband infrastructure and provision of access to broadband and public e-government solutions; |
| --- | --- |

(c)

broadband infrastructure, including its creation, improvement and expansion, passive broadband infrastructure and provision of access to broadband and public e-government solutions;

| (c) | broadband infrastructure, including its creation, improvement and expansion, passive broadband infrastructure and provision of access to broadband and public e-government solutions; |
| --- | --- |

(c)

broadband infrastructure, including its creation, improvement and expansion, passive broadband infrastructure and provision of access to broadband and public e-government solutions;

| (d) | investments in the setting-up, improvement or expansion of local basic services for the rural population, including leisure and culture, and the related infrastructure; |
| --- | --- |

(d)

investments in the setting-up, improvement or expansion of local basic services for the rural population, including leisure and culture, and the related infrastructure;

| (d) | investments in the setting-up, improvement or expansion of local basic services for the rural population, including leisure and culture, and the related infrastructure; |
| --- | --- |

(d)

investments in the setting-up, improvement or expansion of local basic services for the rural population, including leisure and culture, and the related infrastructure;

| (e) | investments
  by
  public
  bodies
  in recreational infrastructure, tourist information and sign-posting of touristic sites; |
| --- | --- |

(e)

investments
  by
  public
  bodies
  in recreational infrastructure, tourist information and sign-posting of touristic sites;

| (e) | investments
  for
  public
  benefit
  in recreational infrastructure, tourist information
  , small scale tourist infrastructure, marketing of rural tourism services
  and sign-posting of touristic sites; |
| --- | --- |

(e)

investments
  for
  public
  benefit
  in recreational infrastructure, tourist information
  , small scale tourist infrastructure, marketing of rural tourism services
  and sign-posting of touristic sites;

| (f) | studies and investments associated with the maintenance, restoration and upgrading of the cultural and natural heritage of villages and rural landscapes, including related socio-economic aspects; |
| --- | --- |

(f)

studies and investments associated with the maintenance, restoration and upgrading of the cultural and natural heritage of villages and rural landscapes, including related socio-economic aspects;

| (f) | studies and investments associated with the maintenance, restoration and upgrading of the cultural and natural heritage of villages and rural landscapes, including related socio-economic aspects; |
| --- | --- |

(f)

studies and investments associated with the maintenance, restoration and upgrading of the cultural and natural heritage of villages and rural landscapes, including related socio-economic aspects;

| (g) | investments targeting the relocation of activities and conversion of buildings or other facilities located close to rural settlements, with a view to improving the quality of life or increasing the environmental performance of the settlement. |
| --- | --- |

(g)

investments targeting the relocation of activities and conversion of buildings or other facilities located close to rural settlements, with a view to improving the quality of life or increasing the environmental performance of the settlement.

| (g) | investments targeting the relocation of activities and conversion of buildings or other facilities located close to rural settlements, with a view to improving the quality of life or increasing the environmental performance of the settlement. |
| --- | --- |

(g)

investments targeting the relocation of activities and conversion of buildings or other facilities located close to rural settlements, with a view to improving the quality of life or increasing the environmental performance of the settlement.

Priority may be given to investment in community-led local development initiatives and investment projects that are subject to community ownership and control.

2.   Support under this measure shall only concern small-scale infrastructure, as defined by each Member State in the programme. However, rural development programmes may provide for specific derogations from this rule for investments in broadband and renewable energy. In this case, clear criteria ensuring complementarity with support under other Union instruments shall be provided.

2.   Support under this measure shall only concern small-scale infrastructure, as defined by each Member State in the programme. However, rural development programmes may provide for specific derogations from this rule for investments in broadband and renewable energy. In this case, clear criteria ensuring complementarity with support under other Union instruments shall be provided.

3.   Investments under paragraph 1 shall be eligible for support where the relevant operations are implemented in accordance with plans for the development of municipalities in rural areas and their basic services, where such plans exist and shall be consistent with any local development strategy where one exists.

3.   Investments under paragraph 1 shall be eligible for support where the relevant operations are implemented in accordance with plans for the development of municipalities in rural areas and their basic services, where such plans exist and shall be consistent with any local development strategy where one exists.

4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the definition of the types of renewable energy infrastructure that shall be eligible for support under this measure.

4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the definition of the types of renewable energy infrastructure that shall be eligible for support under this measure.

Amendment 63

Proposal for a regulation

Article 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 22 | Article 22 |
| Investments in forest area development and improvement of the viability of forests | Investments in

  sustainable

  forest area development and improvement of the viability of forests |
| 1.   Support under this measure shall concern: | 1.   Support under this measure shall concern: |
| (a) | afforestation and creation of woodland; |

Text proposed by the Commission

Amendment

Article 22

Article 22

Investments in forest area development and improvement of the viability of forests

Investments in

  sustainable

  forest area development and improvement of the viability of forests

1.   Support under this measure shall concern:

1.   Support under this measure shall concern:

(a)

afforestation and creation of woodland;

| (a) | afforestation and creation of woodland; |
| --- | --- |

(a)

afforestation and creation of woodland;

| (b) | establishment of agro-forestry systems; |
| --- | --- |

(b)

establishment of agro-forestry systems;

| (b) | establishment of agro-forestry systems; |
| --- | --- |

(b)

establishment of agro-forestry systems;

| (c) | prevention and restoration of damage to forests from forest fires and natural disasters, including pest and disease outbreaks, catastrophic events and climate related threats; |
| --- | --- |

(c)

prevention and restoration of damage to forests from forest fires and natural disasters, including pest and disease outbreaks, catastrophic events and climate related threats;

| (c) | prevention and restoration of damage to forests from forest fires and natural disasters, including pest and disease outbreaks, catastrophic events and climate related threats; |
| --- | --- |

(c)

prevention and restoration of damage to forests from forest fires and natural disasters, including pest and disease outbreaks, catastrophic events and climate related threats;

| (d) | investments improving the resilience and environmental value as well as the mitigation potential of forest ecosystems; |
| --- | --- |

(d)

investments improving the resilience and environmental value as well as the mitigation potential of forest ecosystems;

| (d) | investments improving the resilience and environmental value as well as the mitigation potential of forest ecosystems; |
| --- | --- |

(d)

investments improving the resilience and environmental value as well as the mitigation potential of forest ecosystems;

| (e) | investments in
  new
  forestry technologies and in processing and marketing of forest products. |
| --- | --- |

(e)

investments in
  new
  forestry technologies and in processing and marketing of forest products.

| (e) | investments in
  improved
  forestry technologies and in
  the
  processing
  , mobilising
  and marketing of forest products. |
| --- | --- |

(e)

investments in
  improved
  forestry technologies and in
  the
  processing
  , mobilising
  and marketing of forest products.

2.   Limitations on ownership of forests provided for in Articles
  36
  to
  40
  shall not apply
  for
  the tropical or subtropical forests and
  for
  the wooded areas of the territories of the Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Council Regulation (EEC) No 2019/93 and the French overseas departments.

2.   Limitations on ownership of forests provided for in Articles
  23
  to
  27
  shall not apply
  to
  the tropical or subtropical forests and
  to
  the wooded areas of the territories of the Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Council Regulation (EEC) No 2019/93
  of 19 July 1993 introducing specific measures for the smaller Aegean islands concerning certain agricultural products
  and the French overseas departments.

For holdings above a certain size, to be determined by the Member States in the programme, support shall be conditional on the
  submission
  of a forest management plan or equivalent instrument in line with sustainable forest management as defined by the Ministerial Conference on the Protection of Forests in Europe of 1993 (hereinafter ‘sustainable forest management’).

For holdings above a certain size, to be determined by the Member States in the programme, support shall be conditional on the
  presentation
  of
  the relevant information from
  a forest management plan or equivalent instrument in line with sustainable forest management as defined by the Ministerial Conference on the Protection of Forests in Europe of 1993 (hereinafter ‘sustainable forest management’).

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the conditions for establishing the occurrence of a natural disaster or of pests and diseases outbreaks, and the definition of eligible types of preventive actions.

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the conditions for establishing the occurrence of a natural disaster or of pests and diseases outbreaks, and the definition of eligible types of preventive actions.

Amendment 64

Proposal for a regulation

Article 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under Article 22(1)(a) shall be granted to private land-owners and tenants, municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance, including early and late cleanings, for a maximum period of
  ten
  years. | 1.   Support under Article 22(1)(a) shall be granted to private land-owners and tenants, municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance, including early and late cleanings, for a maximum period of
  fifteen
  years. |
| 2.   Both agricultural and non-agricultural land shall be eligible. Species planted shall be adapted to the environmental and climatic conditions of the area and
  answer to
  minimum environmental requirements. No support shall be granted for the planting of short rotation
  coppice
  , Christmas trees or fast growing trees for energy production. In areas where afforestation is made difficult by severe pedo-climatic conditions support may be provided for planting other perennial woody species such as shrubs or bushes suitable to the local conditions. | 2.   Both agricultural and non-agricultural land shall be eligible. Species planted shall be adapted to the environmental and climatic conditions of the area and
  comply with
  minimum environmental requirements. No support shall be granted for the planting of
  trees for
  short rotation
  coppicing
  , Christmas trees or fast growing trees for energy production. In areas where afforestation is made difficult by severe pedo-climatic conditions support may be provided for planting other perennial woody species such as shrubs or bushes suitable to the local conditions.
  In order to avoid detrimental impacts on the environment or biodiversity, Member States may designate areas as unsuitable for afforestation. |
| 3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90
  concerning
  the definition of the minimum environmental requirements referred to in paragraph 2. | 3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90
  laying down
  the definition of the minimum environmental requirements referred to in paragraph 2
  , which shall take into account the diversity of forest ecosystems throughout the Union. |

Text proposed by the Commission

Amendment

1.   Support under Article 22(1)(a) shall be granted to private land-owners and tenants, municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance, including early and late cleanings, for a maximum period of
  ten
  years.

1.   Support under Article 22(1)(a) shall be granted to private land-owners and tenants, municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance, including early and late cleanings, for a maximum period of
  fifteen
  years.

2.   Both agricultural and non-agricultural land shall be eligible. Species planted shall be adapted to the environmental and climatic conditions of the area and
  answer to
  minimum environmental requirements. No support shall be granted for the planting of short rotation
  coppice
  , Christmas trees or fast growing trees for energy production. In areas where afforestation is made difficult by severe pedo-climatic conditions support may be provided for planting other perennial woody species such as shrubs or bushes suitable to the local conditions.

2.   Both agricultural and non-agricultural land shall be eligible. Species planted shall be adapted to the environmental and climatic conditions of the area and
  comply with
  minimum environmental requirements. No support shall be granted for the planting of
  trees for
  short rotation
  coppicing
  , Christmas trees or fast growing trees for energy production. In areas where afforestation is made difficult by severe pedo-climatic conditions support may be provided for planting other perennial woody species such as shrubs or bushes suitable to the local conditions.
  In order to avoid detrimental impacts on the environment or biodiversity, Member States may designate areas as unsuitable for afforestation.

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90
  concerning
  the definition of the minimum environmental requirements referred to in paragraph 2.

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90
  laying down
  the definition of the minimum environmental requirements referred to in paragraph 2
  , which shall take into account the diversity of forest ecosystems throughout the Union.

Amendments 65 and 169

Proposal for a regulation

Article 24

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under Article 22(1)(b) shall be granted to private landowners, tenants, municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance for a maximum period of
  three
  years. | 1.   Support under Article 22(1)(b) shall be granted to private landowners, tenants, municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance for a maximum period of
  five
  years. |
| 2.   ‘Agro-forestry systems’ shall mean land use systems in which trees are grown in combination with
  extensive
  agriculture on the same land.
  The
  maximum number of trees to be planted per hectare
  shall be determined by the Member States
  taking account of local pedo-climatic conditions, forestry species and the need to ensure agricultural use of the land. | 2.   ‘Agro-forestry systems’ shall mean land use systems in which trees are grown in combination with agriculture on the same land.
  Member States shall determine the minimum and
  maximum number of trees to be planted
  or preserved
  per hectare, taking account of local pedo-climatic
  and environmental
  conditions, forestry species and the need to ensure
  sustainable
  agricultural use of the land. |
| 3.   Support shall be limited to the maximum support rate laid down in Annex I. | 3.   Support shall be limited to the maximum support rate laid down in Annex I. |

Text proposed by the Commission

Amendment

1.   Support under Article 22(1)(b) shall be granted to private landowners, tenants, municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance for a maximum period of
  three
  years.

1.   Support under Article 22(1)(b) shall be granted to private landowners, tenants, municipalities and their associations and shall cover the costs of establishment and an annual premium per hectare to cover the costs of maintenance for a maximum period of
  five
  years.

2.   ‘Agro-forestry systems’ shall mean land use systems in which trees are grown in combination with
  extensive
  agriculture on the same land.
  The
  maximum number of trees to be planted per hectare
  shall be determined by the Member States
  taking account of local pedo-climatic conditions, forestry species and the need to ensure agricultural use of the land.

2.   ‘Agro-forestry systems’ shall mean land use systems in which trees are grown in combination with agriculture on the same land.
  Member States shall determine the minimum and
  maximum number of trees to be planted
  or preserved
  per hectare, taking account of local pedo-climatic
  and environmental
  conditions, forestry species and the need to ensure
  sustainable
  agricultural use of the land.

3.   Support shall be limited to the maximum support rate laid down in Annex I.

3.   Support shall be limited to the maximum support rate laid down in Annex I.

Justification

Agro-forestry systems should not be limited to extensive agriculture.

Amendment 66

Proposal for a regulation

Article 25

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under Article 22(1)(c) shall be granted to private, semi public and public forest owners, municipalities, state forests and their associations and shall cover the costs for: | 1.   Support under Article 22(1)(c) shall be granted to private, semi public and public forest owners, municipalities, state forests and their associations and shall cover the costs for: |
| (a) | the establishment of protective infrastructure. In the case of firebreaks support may also cover aid contributing to maintenance costs. No support shall be granted for agricultural related activities in areas covered by agri-environment commitments; |

Text proposed by the Commission

Amendment

1.   Support under Article 22(1)(c) shall be granted to private, semi public and public forest owners, municipalities, state forests and their associations and shall cover the costs for:

1.   Support under Article 22(1)(c) shall be granted to private, semi public and public forest owners, municipalities, state forests and their associations and shall cover the costs for:

(a)

the establishment of protective infrastructure. In the case of firebreaks support may also cover aid contributing to maintenance costs. No support shall be granted for agricultural related activities in areas covered by agri-environment commitments;

| (a) | the establishment of protective infrastructure. In the case of firebreaks support may also cover aid contributing to maintenance costs. No support shall be granted for agricultural related activities in areas covered by agri-environment commitments
  . Support may be given to livestock farmers whose grazing animals prevent fires through their grazing activity. |
| --- | --- |

(a)

the establishment of protective infrastructure. In the case of firebreaks support may also cover aid contributing to maintenance costs. No support shall be granted for agricultural related activities in areas covered by agri-environment commitments
  . Support may be given to livestock farmers whose grazing animals prevent fires through their grazing activity.

| (b) | local, small scale prevention activities against fire or other natural hazards; |
| --- | --- |

(b)

local, small scale prevention activities against fire or other natural hazards;

| (b) | local, small scale prevention activities against fire or other natural hazards; |
| --- | --- |

(b)

local, small scale prevention activities against fire or other natural hazards;

| (c) | establishing and improving forest fire, pest and diseases monitoring facilities and communication equipment; |
| --- | --- |

(c)

establishing and improving forest fire, pest and diseases monitoring facilities and communication equipment;

| (c) | establishing and improving forest fire, pest and diseases monitoring facilities and communication equipment;
  and |
| --- | --- |

(c)

establishing and improving forest fire, pest and diseases monitoring facilities and communication equipment;
  and

| (d) | restoring forest potential damaged from fires and other natural disasters including pests, diseases as well as catastrophic events and climate change related events. |
| --- | --- |

(d)

restoring forest potential damaged from fires and other natural disasters including pests, diseases as well as catastrophic events and climate change related events.

| (d) | restoring forest potential damaged from fires and other natural disasters including pests, diseases as well as catastrophic events and climate change related events. |
| --- | --- |

(d)

restoring forest potential damaged from fires and other natural disasters including pests, diseases as well as catastrophic events and climate change related events.

In areas designated as high-risk, the introduction of equipment to prevent forest fires is a precondition for support.

2.   In the case of preventive actions concerning pests and diseases, the risk of a relevant disaster occurrence must be supported by scientific evidence and acknowledged by scientific public organisations. Where relevant, the list of species of organisms harmful to plants which may cause a disaster must be provided in the programme.

2.   In the case of preventive actions concerning pests and diseases, the risk of a relevant disaster occurrence must be supported by scientific evidence and acknowledged by scientific public organisations. Where relevant, the list of species of organisms harmful to plants which may cause a disaster must be provided in the programme.

Eligible operations shall be consistent with the forest protection plan established by the Member States. For holdings above a certain size, to be determined by the Member States in the programme, support shall be conditional on the submission of a forest management plan detailing the preventive objectives

Eligible operations shall be consistent with the forest protection plan established by the Member States. For holdings above a certain size, to be determined by the Member States in the programme, support shall be conditional on the submission of a forest management plan detailing the preventive objectives..

Forest areas classified as medium to high forest fire risk according to the forest protection plan established by the Member States shall be eligible for support relating to forest fire prevention. Forest areas classified as medium to high forest fire risk according to the forest protection plan established by the Member States shall be eligible for support relating to forest fire prevention.

Forest areas classified as medium to high forest fire risk according to the forest protection plan established by the Member States shall be eligible for support relating to forest fire prevention. Forest areas classified as medium to high forest fire risk according to the forest protection plan established by the Member States shall be eligible for support relating to forest fire prevention.

3.   Support under paragraph 1(d) shall be subject to the formal recognition by the competent public authorities of Member States that a natural disaster has occurred and that this disaster, or measures adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest
  has
  caused
  the
  destruction
  of at least 30 %
  of the relevant forest potential
  . This percentage
  shall be determined on the basis of either the average existing forest potential in the three-year period immediately preceding the disaster or on the average of the five-year period immediately preceding the disaster, excluding the highest and the lowest entry.

3.   Support under paragraph 1(d) shall be subject to the formal recognition by the competent public authorities of Member States that a natural disaster has occurred and that this disaster, or measures adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest
  , have
  caused
  significant
  destruction of the relevant forest potential
  with a threshold to be defined by Member States. The extent of the damage
  shall be determined on the basis of either the average existing forest potential in the three-year period immediately preceding the disaster or on the average of the five-year period immediately preceding the disaster, excluding the highest and the lowest entry.

4.   No support under this measure shall be granted for loss of income resulting from the natural disaster.

4.   No support under this measure shall be granted for loss of income resulting from the natural disaster.

Member States shall ensure that overcompensation as a result of the combination of this measure and other national or Union support instruments or private insurance schemes is avoided.

Member States shall ensure that overcompensation as a result of the combination of this measure and other national or Union support instruments or private insurance schemes is avoided.

Amendment 67

Proposal for a regulation

Article 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 27 | Article 27 |
| Investments in

  new

  forestry technologies and in processing and marketing of forest products | Investments in

  improved

  forestry technologies and in processing

  , mobilising

  and marketing of forest products |
| 1.   Support under Article 22(1)(e) shall be granted to private forest owners, municipalities and their associations and to SMEs for investments enhancing forestry potential or relating to processing and marketing adding value to forest products. In the territories of the Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93 and the French overseas departments support may also be granted to enterprises that are not SMEs. | 1.   Support under Article 22(1)(e) shall be granted to private forest owners, municipalities and their associations and to SMEs for investments enhancing forestry potential or relating to processing
  , mobilising
  and marketing adding value to forest products. In the territories of the Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93 and the French overseas departments support may also be granted to enterprises that are not SMEs. |
| | Support shall be granted only to investments and technologies that comply with Regulation No (EU) 995/2010 and that do not harm biodiversity or other forest ecosystem services
  . |
| 2.   Investments related to the improvement of the economic value of forests shall be at the level of the forest holding and may include investments for soil and resource friendly harvesting machinery and practices. | 2.   Investments related to the improvement of the economic value of forests shall be at the level of the forest holding and may include investments for soil and resource friendly harvesting machinery and practices. |
| 3.   Investments related to the use of wood as a raw material or energy source shall be limited to all working operations prior to industrial processing. | 3.   Investments related to the use of wood as a raw material or energy source shall be limited to all working operations prior to industrial processing. |
| 4.   Support shall be limited to the maximum support rates laid down in Annex I. | 4.   Support shall be limited to the maximum support rates laid down in Annex I. |

Text proposed by the Commission

Amendment

Article 27

Article 27

Investments in

  new

  forestry technologies and in processing and marketing of forest products

Investments in

  improved

  forestry technologies and in processing

  , mobilising

  and marketing of forest products

1.   Support under Article 22(1)(e) shall be granted to private forest owners, municipalities and their associations and to SMEs for investments enhancing forestry potential or relating to processing and marketing adding value to forest products. In the territories of the Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93 and the French overseas departments support may also be granted to enterprises that are not SMEs.

1.   Support under Article 22(1)(e) shall be granted to private forest owners, municipalities and their associations and to SMEs for investments enhancing forestry potential or relating to processing
  , mobilising
  and marketing adding value to forest products. In the territories of the Azores, Madeira, the Canary islands, the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93 and the French overseas departments support may also be granted to enterprises that are not SMEs.

Support shall be granted only to investments and technologies that comply with Regulation No (EU) 995/2010 and that do not harm biodiversity or other forest ecosystem services
  .

2.   Investments related to the improvement of the economic value of forests shall be at the level of the forest holding and may include investments for soil and resource friendly harvesting machinery and practices.

2.   Investments related to the improvement of the economic value of forests shall be at the level of the forest holding and may include investments for soil and resource friendly harvesting machinery and practices.

3.   Investments related to the use of wood as a raw material or energy source shall be limited to all working operations prior to industrial processing.

3.   Investments related to the use of wood as a raw material or energy source shall be limited to all working operations prior to industrial processing.

4.   Support shall be limited to the maximum support rates laid down in Annex I.

4.   Support shall be limited to the maximum support rates laid down in Annex I.

Amendment 68

Proposal for a regulation

Article 28

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 28 | Article 28 |
| Setting up of producer groups | Setting up of producer groups

  and organisations |
| 1.   Support under this measure shall be granted in order to facilitate the setting up of producer groups in the agriculture and forestry sectors for the purpose of: | 1.   Support under this measure shall be granted in order to facilitate the setting up
  and development
  of producer groups
  and organisations
  in the agriculture and forestry sectors for the purpose of: |
| (a) | adapting the production and output of producers who are members of such groups to market requirements; |

Text proposed by the Commission

Amendment

Article 28

Article 28

Setting up of producer groups

Setting up of producer groups

  and organisations

1.   Support under this measure shall be granted in order to facilitate the setting up of producer groups in the agriculture and forestry sectors for the purpose of:

1.   Support under this measure shall be granted in order to facilitate the setting up
  and development
  of producer groups
  and organisations
  in the agriculture and forestry sectors for the purpose of:

(a)

adapting the production and output of producers who are members of such groups to market requirements;

| (a) | adapting the production and output of producers who are members of such groups to market requirements; |
| --- | --- |

(a)

adapting the production and output of producers who are members of such groups to market requirements;

| (b) | jointly placing goods on the market, including preparation for sale, centralisation of sales and supply to bulk buyers; |
| --- | --- |

(b)

jointly placing goods on the market, including preparation for sale, centralisation of sales and supply to bulk buyers;

| (b) | jointly placing goods on the market, including preparation for sale, centralisation of sales and supply to bulk buyers; |
| --- | --- |

(b)

jointly placing goods on the market, including preparation for sale, centralisation of sales and supply to bulk buyers;

| (c) | establishing common rules on production information, with particular regard to harvesting and availability; and |
| --- | --- |

(c)

establishing common rules on production information, with particular regard to harvesting and availability; and

| (c) | establishing common rules on production information, with particular regard to harvesting and availability; and |
| --- | --- |

(c)

establishing common rules on production information, with particular regard to harvesting and availability; and

| (d) | other activities that may be carried out by producer groups, such as development of business and marketing skills and organisation and facilitation of innovation processes. |
| --- | --- |

(d)

other activities that may be carried out by producer groups, such as development of business and marketing skills and organisation and facilitation of innovation processes.

| (d) | other activities that may be carried out by producer groups, such as development of business and marketing skills and organisation and facilitation of innovation processes. |
| --- | --- |

(d)

other activities that may be carried out by producer groups, such as development of business and marketing skills and organisation and facilitation of innovation processes.

2.   Support shall be granted to producer groups which are officially recognised by the Member States' competent authority on the basis of a business plan.
  It shall be limited
  to producer groups
  coming under
  the definition of SMEs.

2.   Support shall be granted to producer groups which are officially recognised by the Member States' competent authority on the basis of a business plan.
  Priority may be given to producer groups of quality products covered by Article 17 as well as to micro-enterprises. No support shall be granted
  to producer groups
  which do not satisfy the criteria in
  the definition of SMEs.

Member States shall verify that the objectives of the business plan have been reached within five years after recognition of the producer group.

Member States shall verify that the objectives of the business plan have been reached within five years after recognition of the producer group.

3.   The support shall be paid as a flat rate aid in annual instalments for the first five years following the date on which the producer group was recognised on the basis of its business plan. It shall be calculated on the basis of the group's annual marketed production. Member States shall pay the last instalment only after having verified the correct implementation of the business plan.

3.   The support shall be paid as a flat rate aid in annual instalments for the first five years following the date on which the producer group was recognised on the basis of its business plan. It shall be calculated on the basis of the group's annual marketed production. Member States shall pay the last instalment only after having verified the correct implementation of the business plan.

In the first year Member States may pay support to the producer group calculated on the basis of the average annual value of the marketed production of its members over the three years before they entered the group. In the case of producer groups in the forestry sector, support shall be calculated on the basis of the average marketed production of the members of the group over the last five years before the recognition, excluding the highest and the lowest value.

In the first year Member States may pay support to the producer group calculated on the basis of the average annual value of the marketed production of its members over the three years before they entered the group. In the case of producer groups in the forestry sector, support shall be calculated on the basis of the average marketed production of the members of the group over the last five years before the recognition, excluding the highest and the lowest value.

4.   Support shall be limited to the maximum rates and amounts laid down in Annex I.

4.   Support shall be limited to the maximum rates and amounts laid down in Annex I.

Amendments 144

Proposal for a regulation

Article 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall make support under this measure available throughout their territories, in accordance with their national, regional or local specific needs and priorities.
  Inclusion of this measure
  in rural development programmes shall be compulsory. | 1.   Member States shall make support under this measure available throughout their territories, in accordance with their national, regional or local specific needs and priorities.
  This measure shall be targeted to the preservation as well as the promotion of the necessary changes into agricultural practices that make a positive contribution to the environment and climate. Its inclusion
  in rural development programmes shall be compulsory. |
| 2.   Agri-environment-climate payments shall be granted to farmers, groups of farmers or groups of farmers and other land-managers who undertake, on a voluntary basis, to carry out operations consisting of one or more agri-environment-climate commitments on agricultural land. Where duly justified to achieve environmental objectives, agri-environment-climate payments may be granted to other land-managers or groups of other land-managers. | 2.   Agri-environment-climate payments shall be granted to farmers, groups of farmers or groups of farmers and other land-managers who undertake, on a voluntary basis, to carry out operations consisting of one or more agri-environment-climate commitments on agricultural land
  or on land suitable for agriculture. Agri-environmental programmes shall target examples of best practice (according to the ‘forerunner principle’), including those relating to soil management, water management, biodiversity, nutrient recycling and ecosystem maintenance, and prioritise investment in these techniques. Programmes shall seek to spread best practice throughout the territory of the programme. Climate schemes may target the improvement of the greenhouse gas reduction performance of the entire agricultural holding or farm system
  . Where duly justified to achieve environmental objectives, agri-environment-climate payments may be granted to other land-managers or groups of other land-managers. |
| 3.   Agri-environment-climate payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012 and
  other
  relevant obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national legislation. All such mandatory requirements shall be identified in the programme. | 3.   Agri-environment-climate payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012 and
  all
  relevant obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national legislation. All such mandatory requirements shall be identified in the programme. |
| 4.   Member States shall endeavour to provide persons undertaking to carry out operations under this measure with the knowledge and information required to implement them, including by commitment-related expert advice and/or by making support under this measure conditional to relevant training. | 4.   Member States shall endeavour to provide persons undertaking to carry out operations under this measure with the knowledge and information required to implement them, including by commitment-related expert advice and/or by making support under this measure conditional to relevant training. |
| 5.   Commitments under this measure shall be undertaken for a period of five to seven years. However, where necessary in order to achieve or maintain the environmental benefits sought, Member States may determine a longer period in their rural development programmes for particular types of commitments, including by means of providing for their annual extension after the termination of the initial period. | 5.   Commitments under this measure shall be undertaken for a period of five to seven years. However, where necessary in order to achieve or maintain the environmental benefits sought, Member States may determine a longer period in their rural development programmes for particular types of commitments, including by means of providing for their annual extension after the termination of the initial period.
  For new commitments directly following the commitment performed in the initial period, Member States may provide for a shorter period in their rural development programmes. |
| 6.   Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the agri-environment-climate commitments. Where commitments are
  undertaken by groups of farmers
  , the maximum level shall be 30 %. | 6.   Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the agri-environment-climate commitments. Where commitments are
  part of a collective action
  , the maximum level shall be 30 %. |
| | No support from EAFRD shall be granted for commitments covered by Chapter 2 of Title III of Regulation (EU) No DP/2012. |
| | 6a.
     
  For operations concerning environmental conservation, Member States may, in duly justified cases, by way of derogation from paragraph 6, grant support as a flat rate or one-off payment per unit in respect of commitments to renounce commercial use of areas. Such support shall be calculated on the basis of additional costs incurred and income foregone. |
| 7.   Where required for ensuring the efficient application of the measure, Member States may use the procedure referred to in Article 49(3) for the selection of beneficiaries. | 7.   Where required for ensuring the efficient application of the measure, Member States may use the procedure referred to in Article 49(3) for the selection of beneficiaries. |
| 8.   Support shall be limited to the maximum amounts laid down in Annex I. | 8.   Support shall be limited to the maximum amounts laid down in Annex I. |
| No support under this measure may be granted for commitments that are covered under the organic farming measure. | No support under this measure may be granted for commitments that are covered under the organic farming measure. |
| 9.   Support may be provided for the conservation of genetic resources in agriculture for operations not covered by the provisions under paragraphs 1 to 8. | 9.   Support may be provided for the conservation
  and for the sustainable use and development
  of genetic resources in agriculture for operations not covered by the provisions under paragraphs 1 to 8. |
| 10.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the annual extension of the commitments after the initial period of the operation, conditions applicable to commitments to extensify or manage differently livestock farming, to limit fertilisers, plant protection products or other inputs, to rear local breeds in danger of being lost to farming or to preserve plant genetic resources as well as concerning definition of eligible operations under paragraph 9. | 10.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the annual extension of the commitments after the initial period of the operation, conditions applicable to commitments to extensify or manage differently livestock farming, to limit fertilisers, plant protection products or other inputs, to rear local breeds in danger of being lost to farming or to preserve plant genetic resources as well as concerning definition of eligible operations under paragraph 9. |

Text proposed by the Commission

Amendment

1.   Member States shall make support under this measure available throughout their territories, in accordance with their national, regional or local specific needs and priorities.
  Inclusion of this measure
  in rural development programmes shall be compulsory.

1.   Member States shall make support under this measure available throughout their territories, in accordance with their national, regional or local specific needs and priorities.
  This measure shall be targeted to the preservation as well as the promotion of the necessary changes into agricultural practices that make a positive contribution to the environment and climate. Its inclusion
  in rural development programmes shall be compulsory.

2.   Agri-environment-climate payments shall be granted to farmers, groups of farmers or groups of farmers and other land-managers who undertake, on a voluntary basis, to carry out operations consisting of one or more agri-environment-climate commitments on agricultural land. Where duly justified to achieve environmental objectives, agri-environment-climate payments may be granted to other land-managers or groups of other land-managers.

2.   Agri-environment-climate payments shall be granted to farmers, groups of farmers or groups of farmers and other land-managers who undertake, on a voluntary basis, to carry out operations consisting of one or more agri-environment-climate commitments on agricultural land
  or on land suitable for agriculture. Agri-environmental programmes shall target examples of best practice (according to the ‘forerunner principle’), including those relating to soil management, water management, biodiversity, nutrient recycling and ecosystem maintenance, and prioritise investment in these techniques. Programmes shall seek to spread best practice throughout the territory of the programme. Climate schemes may target the improvement of the greenhouse gas reduction performance of the entire agricultural holding or farm system
  . Where duly justified to achieve environmental objectives, agri-environment-climate payments may be granted to other land-managers or groups of other land-managers.

3.   Agri-environment-climate payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012 and
  other
  relevant obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national legislation. All such mandatory requirements shall be identified in the programme.

3.   Agri-environment-climate payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012 and
  all
  relevant obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012, relevant minimum requirements for fertiliser and plant protection products use as well as other relevant mandatory requirements established by national legislation. All such mandatory requirements shall be identified in the programme.

4.   Member States shall endeavour to provide persons undertaking to carry out operations under this measure with the knowledge and information required to implement them, including by commitment-related expert advice and/or by making support under this measure conditional to relevant training.

4.   Member States shall endeavour to provide persons undertaking to carry out operations under this measure with the knowledge and information required to implement them, including by commitment-related expert advice and/or by making support under this measure conditional to relevant training.

5.   Commitments under this measure shall be undertaken for a period of five to seven years. However, where necessary in order to achieve or maintain the environmental benefits sought, Member States may determine a longer period in their rural development programmes for particular types of commitments, including by means of providing for their annual extension after the termination of the initial period.

5.   Commitments under this measure shall be undertaken for a period of five to seven years. However, where necessary in order to achieve or maintain the environmental benefits sought, Member States may determine a longer period in their rural development programmes for particular types of commitments, including by means of providing for their annual extension after the termination of the initial period.
  For new commitments directly following the commitment performed in the initial period, Member States may provide for a shorter period in their rural development programmes.

6.   Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the agri-environment-climate commitments. Where commitments are
  undertaken by groups of farmers
  , the maximum level shall be 30 %.

6.   Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the agri-environment-climate commitments. Where commitments are
  part of a collective action
  , the maximum level shall be 30 %.

No support from EAFRD shall be granted for commitments covered by Chapter 2 of Title III of Regulation (EU) No DP/2012.

6a.
     
  For operations concerning environmental conservation, Member States may, in duly justified cases, by way of derogation from paragraph 6, grant support as a flat rate or one-off payment per unit in respect of commitments to renounce commercial use of areas. Such support shall be calculated on the basis of additional costs incurred and income foregone.

7.   Where required for ensuring the efficient application of the measure, Member States may use the procedure referred to in Article 49(3) for the selection of beneficiaries.

7.   Where required for ensuring the efficient application of the measure, Member States may use the procedure referred to in Article 49(3) for the selection of beneficiaries.

8.   Support shall be limited to the maximum amounts laid down in Annex I.

8.   Support shall be limited to the maximum amounts laid down in Annex I.

No support under this measure may be granted for commitments that are covered under the organic farming measure.

No support under this measure may be granted for commitments that are covered under the organic farming measure.

9.   Support may be provided for the conservation of genetic resources in agriculture for operations not covered by the provisions under paragraphs 1 to 8.

9.   Support may be provided for the conservation
  and for the sustainable use and development
  of genetic resources in agriculture for operations not covered by the provisions under paragraphs 1 to 8.

10.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the annual extension of the commitments after the initial period of the operation, conditions applicable to commitments to extensify or manage differently livestock farming, to limit fertilisers, plant protection products or other inputs, to rear local breeds in danger of being lost to farming or to preserve plant genetic resources as well as concerning definition of eligible operations under paragraph 9.

10.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the annual extension of the commitments after the initial period of the operation, conditions applicable to commitments to extensify or manage differently livestock farming, to limit fertilisers, plant protection products or other inputs, to rear local breeds in danger of being lost to farming or to preserve plant genetic resources as well as concerning definition of eligible operations under paragraph 9.

Amendments 70 and 145

Proposal for a regulation

Article 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under this measure shall be granted, per hectare of UAA, to farmers or groups of farmers who undertake, on a voluntary basis to convert to or maintain organic farming practices and methods as defined in Council Regulation (EC) No 834/2007. | 1.   Support under this measure shall be granted, per hectare of UAA, to farmers or groups of farmers who undertake, on a voluntary basis to convert to or maintain organic farming practices and methods as defined in Council Regulation (EC) No 834/2007
  of 28 June 2007 on organic production and labelling of organic products
  . |
| 2.   Support shall only be granted for commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012, relevant minimum requirements for fertiliser and plant protection products
  use
  as well as other relevant mandatory requirements established by national legislation. All such requirements shall be identified in the programme. | 2.   Support shall only be granted for commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012,
  the relevant obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012,
  relevant minimum requirements for
  the use of
  fertiliser and plant protection products as well as other relevant mandatory requirements established by national law. All such requirements shall be identified in the programme. |
| 3.   Commitments under this measure shall be undertaken for a period of five to seven years. Where support is granted for the maintenance of organic farming, Member States may provide in their rural development programmes for annual extension after the termination of the initial period. | 3.   Commitments under this measure shall be undertaken for a period of five to seven years.
  In order to encourage the uptake of this measure also after 2015, Member States may establish a mechanism to support farmers by a follow-up measure after 2020.
  Where support is granted for the maintenance of organic farming, Member States may provide in their rural development programmes for annual extension after the termination of the initial period. |
| 4.   Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the commitments. Where commitments are undertaken by groups of farmers, the maximum level shall be 30 %. | 4.   Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the commitments. Where commitments are undertaken by groups of farmers
  or groups of other land managers
  , the maximum level shall be 30 %. |
| 5.   Support shall be limited to the maximum amounts laid down in Annex I. | 5.   Support shall be limited to the maximum amounts laid down in Annex I. |
| | 5a.
     
  In their rural development programmes, Member States shall set out how this measure can be combined with other measures, and in particular with the measures laid down in Articles 17, 18, 28, 29, 31 and 36, in order to expand organic farming and to fulfil environment and rural economic objectives. |

Text proposed by the Commission

Amendment

1.   Support under this measure shall be granted, per hectare of UAA, to farmers or groups of farmers who undertake, on a voluntary basis to convert to or maintain organic farming practices and methods as defined in Council Regulation (EC) No 834/2007.

1.   Support under this measure shall be granted, per hectare of UAA, to farmers or groups of farmers who undertake, on a voluntary basis to convert to or maintain organic farming practices and methods as defined in Council Regulation (EC) No 834/2007
  of 28 June 2007 on organic production and labelling of organic products
  .

2.   Support shall only be granted for commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012, relevant minimum requirements for fertiliser and plant protection products
  use
  as well as other relevant mandatory requirements established by national legislation. All such requirements shall be identified in the programme.

2.   Support shall only be granted for commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012,
  the relevant obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012,
  relevant minimum requirements for
  the use of
  fertiliser and plant protection products as well as other relevant mandatory requirements established by national law. All such requirements shall be identified in the programme.

3.   Commitments under this measure shall be undertaken for a period of five to seven years. Where support is granted for the maintenance of organic farming, Member States may provide in their rural development programmes for annual extension after the termination of the initial period.

3.   Commitments under this measure shall be undertaken for a period of five to seven years.
  In order to encourage the uptake of this measure also after 2015, Member States may establish a mechanism to support farmers by a follow-up measure after 2020.
  Where support is granted for the maintenance of organic farming, Member States may provide in their rural development programmes for annual extension after the termination of the initial period.

4.   Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the commitments. Where commitments are undertaken by groups of farmers, the maximum level shall be 30 %.

4.   Payments shall be granted annually and shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the commitments. Where commitments are undertaken by groups of farmers
  or groups of other land managers
  , the maximum level shall be 30 %.

5.   Support shall be limited to the maximum amounts laid down in Annex I.

5.   Support shall be limited to the maximum amounts laid down in Annex I.

5a.
     
  In their rural development programmes, Member States shall set out how this measure can be combined with other measures, and in particular with the measures laid down in Articles 17, 18, 28, 29, 31 and 36, in order to expand organic farming and to fulfil environment and rural economic objectives.

Amendments 71 and 146

Proposal for a regulation

Article 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under this measure shall be granted annually and per hectare of UAA or per hectare of forest in order to compensate beneficiaries for costs incurred and income foregone resulting from disadvantages in the areas concerned, related to the implementation of
  Directives,
  92/43/EEC, 2009/147/EC and 2000/60/EC. | 1.   Support under this measure shall be granted annually and per hectare of UAA or per hectare of forest in order to compensate beneficiaries for costs incurred and income foregone resulting from disadvantages in the areas concerned, related to the implementation of
  Council Directive
  92/43/EEC
  of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora

   (1),
  Directive
  2009/147/EC
  of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds

   (2) and
  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

   (3). |
| | For requirements of a permanent nature the support may take the form of a lump sum payment per hectare of UAA or forest to cover full compensation. In this case the requirements shall be recorded as servitudes on the future use of the land in a national land register. In duly justified cases support may be granted based on unitary costs other than hectare unitary costs
  ,
  such as the number of kilometres of water course. |
| | The support may cover tangible and/or intangible non productive investments which are necessary to comply with requirements linked to Directives 2009/147/EC, 92/43/EEC and 2000/60/EC. |
| 2.   Support shall be granted to farmers and to private forest owners and associations of forest owners respectively. In duly justified cases it may also be granted to other land managers. | 2.   Support shall be granted to farmers and to private forest owners and associations of forest owners respectively. In duly justified cases it may also be granted to other land managers. |
| 3.   Support to farmers, linked to Directives 92/43/EEC and 2009/147/EC shall only be granted in relation to disadvantages resulting from requirements that go beyond the good agricultural and environmental condition provided for in Article 94 and Annex II of Council Regulation (EU) No HR/2012. | 3.   Support to farmers, linked to Directives 92/43/EEC and 2009/147/EC shall only be granted in relation to disadvantages resulting from requirements that go beyond the good agricultural and environmental condition provided for in Article 94 and Annex II of Council Regulation (EU) No .../2013 [HR]

  and the relevant obligations established under Chapter 2 of Title III of Regulation (EU) No .../2013[DP]. Specific provisions may be foreseen in the rural development programme for cases where these obligations are incompatible in the holding concerned with the objectives of those Directives
  . |
| 4.   Support to farmers, linked to Directive 2000/60/EC shall only be granted in relation to specific requirements that: | 4.   Support to farmers, linked to Directive 2000/60/EC shall only be granted in relation to specific requirements that: |
| (a) | were introduced by Directive 2000/60/EC, are in accordance with the programmes of measures of the river basin management plans for the purpose of achieving the environmental objectives of that Directive and go beyond the measures required to implement other Union legislation for the protection of water; |

Text proposed by the Commission

Amendment

1.   Support under this measure shall be granted annually and per hectare of UAA or per hectare of forest in order to compensate beneficiaries for costs incurred and income foregone resulting from disadvantages in the areas concerned, related to the implementation of
  Directives,
  92/43/EEC, 2009/147/EC and 2000/60/EC.

1.   Support under this measure shall be granted annually and per hectare of UAA or per hectare of forest in order to compensate beneficiaries for costs incurred and income foregone resulting from disadvantages in the areas concerned, related to the implementation of
  Council Directive
  92/43/EEC
  of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora

   (1),
  Directive
  2009/147/EC
  of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds

   (2) and
  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

   (3).

For requirements of a permanent nature the support may take the form of a lump sum payment per hectare of UAA or forest to cover full compensation. In this case the requirements shall be recorded as servitudes on the future use of the land in a national land register. In duly justified cases support may be granted based on unitary costs other than hectare unitary costs
  ,
  such as the number of kilometres of water course.

The support may cover tangible and/or intangible non productive investments which are necessary to comply with requirements linked to Directives 2009/147/EC, 92/43/EEC and 2000/60/EC.

2.   Support shall be granted to farmers and to private forest owners and associations of forest owners respectively. In duly justified cases it may also be granted to other land managers.

2.   Support shall be granted to farmers and to private forest owners and associations of forest owners respectively. In duly justified cases it may also be granted to other land managers.

3.   Support to farmers, linked to Directives 92/43/EEC and 2009/147/EC shall only be granted in relation to disadvantages resulting from requirements that go beyond the good agricultural and environmental condition provided for in Article 94 and Annex II of Council Regulation (EU) No HR/2012.

3.   Support to farmers, linked to Directives 92/43/EEC and 2009/147/EC shall only be granted in relation to disadvantages resulting from requirements that go beyond the good agricultural and environmental condition provided for in Article 94 and Annex II of Council Regulation (EU) No .../2013 [HR]

  and the relevant obligations established under Chapter 2 of Title III of Regulation (EU) No .../2013[DP]. Specific provisions may be foreseen in the rural development programme for cases where these obligations are incompatible in the holding concerned with the objectives of those Directives
  .

4.   Support to farmers, linked to Directive 2000/60/EC shall only be granted in relation to specific requirements that:

4.   Support to farmers, linked to Directive 2000/60/EC shall only be granted in relation to specific requirements that:

(a)

were introduced by Directive 2000/60/EC, are in accordance with the programmes of measures of the river basin management plans for the purpose of achieving the environmental objectives of that Directive and go beyond the measures required to implement other Union legislation for the protection of water;

| (a) | were introduced by Directive 2000/60/EC, are in accordance with the programmes of measures of the river basin management plans for the purpose of achieving the environmental objectives of that Directive and go beyond the measures required to implement other Union law for the protection of water; |
| --- | --- |

(a)

were introduced by Directive 2000/60/EC, are in accordance with the programmes of measures of the river basin management plans for the purpose of achieving the environmental objectives of that Directive and go beyond the measures required to implement other Union law for the protection of water;

| (b) | go beyond the statutory management requirements and the good agricultural and environmental condition provided for in Chapter I of Title VI of Regulation (EU) No HR/2012 and the obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012; |
| --- | --- |

(b)

go beyond the statutory management requirements and the good agricultural and environmental condition provided for in Chapter I of Title VI of Regulation (EU) No HR/2012 and the obligations established under Chapter 2 of Title III of Regulation (EU) No DP/2012;

| (b) | go beyond the statutory management requirements and the good agricultural and environmental condition provided for in Chapter I of Title VI of Regulation (EU) No .../2013 [HR]and the obligations established under Chapter 2 of Title III of Regulation (EU) No .../2013 [DP]; |
| --- | --- |

(b)

go beyond the statutory management requirements and the good agricultural and environmental condition provided for in Chapter I of Title VI of Regulation (EU) No .../2013 [HR]and the obligations established under Chapter 2 of Title III of Regulation (EU) No .../2013 [DP];

| (c) | go beyond the level of protection of the Union legislation existing at the time Directive 2000/60/EC was adopted as laid down in Article 4(9) of Directive 2000/60/EC; and |
| --- | --- |

(c)

go beyond the level of protection of the Union legislation existing at the time Directive 2000/60/EC was adopted as laid down in Article 4(9) of Directive 2000/60/EC; and

| (c) | go beyond the level of protection of the Union law existing at the time Directive 2000/60/EC was adopted as laid down in Article 4(9) of Directive 2000/60/EC; and |
| --- | --- |

(c)

go beyond the level of protection of the Union law existing at the time Directive 2000/60/EC was adopted as laid down in Article 4(9) of Directive 2000/60/EC; and

| (d) | impose major changes in type of land use, and/or major restrictions in farming practice resulting in a significant loss of income. |
| --- | --- |

(d)

impose major changes in type of land use, and/or major restrictions in farming practice resulting in a significant loss of income.

| (d) | impose major changes in type of land use, and/or major restrictions in farming practice resulting in a significant loss of income. |
| --- | --- |

(d)

impose major changes in type of land use, and/or major restrictions in farming practice resulting in a significant loss of income.

5.   The requirements referred to in paragraphs 3 and 4 shall be identified in the programme.

5.   The requirements referred to in paragraphs 3 and 4 shall be identified in the programme.

6.   The following areas shall be eligible for payments:

6.   The following areas shall be eligible for payments:

| (a) | Natura 2000 agricultural and forest areas designated pursuant to Directives 92/43/EEC and 2009/147/EC; |
| --- | --- |

(a)

Natura 2000 agricultural and forest areas designated pursuant to Directives 92/43/EEC and 2009/147/EC;

| (a) | Natura 2000 agricultural and forest areas designated pursuant to Directives 92/43/EEC and 2009/147/EC; |
| --- | --- |

(a)

Natura 2000 agricultural and forest areas designated pursuant to Directives 92/43/EEC and 2009/147/EC;

| (b) | other delimited nature protection areas with environmental restrictions applicable to farming or forests which contribute to the implementation of Article 10 of Directive 92/43/EEC. These areas shall, per rural development programme, not exceed
  5 %
  of the designated Natura 2000 areas covered by its territorial scope; |
| --- | --- |

(b)

other delimited nature protection areas with environmental restrictions applicable to farming or forests which contribute to the implementation of Article 10 of Directive 92/43/EEC. These areas shall, per rural development programme, not exceed
  5 %
  of the designated Natura 2000 areas covered by its territorial scope;

| (b) | other delimited nature protection areas with environmental restrictions applicable to farming or forests which contribute to
  the improvement of populations of species under Annex IV to Directive 92/43/EEC, to
  the implementation of Article 10 of Directive 92/43/EEC
  and to all bird species in accordance with Article 1 of Directive 2009/147/EC
  . These areas shall, per rural development programme, not exceed
  7 %
  of the designated Natura 2000 areas covered by its territorial scope; |
| --- | --- |

(b)

other delimited nature protection areas with environmental restrictions applicable to farming or forests which contribute to
  the improvement of populations of species under Annex IV to Directive 92/43/EEC, to
  the implementation of Article 10 of Directive 92/43/EEC
  and to all bird species in accordance with Article 1 of Directive 2009/147/EC
  . These areas shall, per rural development programme, not exceed
  7 %
  of the designated Natura 2000 areas covered by its territorial scope;

| (c) | agricultural areas included in river basin management plans according to Directive 2000/60/EC. |
| --- | --- |

(c)

agricultural areas included in river basin management plans according to Directive 2000/60/EC.

| (c) | agricultural
  and forest
  areas included in river basin management plans according to Directive 2000/60/EC. |
| --- | --- |

(c)

agricultural
  and forest
  areas included in river basin management plans according to Directive 2000/60/EC.

7.   Support shall be limited to the maximum amounts laid down in Annex I.

7.   Support shall be limited to the maximum amounts laid down in Annex I.

Member States may, in their financing plans, present separate budgets for payments under Natura 2000 agricultural areas, Natura 2000 forest areas and Water Framework Directive.

Amendment 72

Proposal for a regulation

Article 32

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Payments to farmers in mountain areas and other areas facing natural or other specific constraints shall be granted annually per hectare of UAA in order to compensate farmers for additional costs and income foregone related to the constraints for agricultural production in the area concerned. | 1.   Payments to farmers in mountain areas and other areas facing natural or other specific constraints shall be granted annually per hectare of UAA in order to compensate farmers for additional costs and income foregone related to the constraints for agricultural production in the area concerned. |
| Additional costs and income foregone shall be calculated in comparison to areas which are not affected by natural or other specific constraints
  , taking into account payments pursuant to Chapter 3 of Title III of Regulation (EU) No DP/2012. | Additional costs and income foregone shall be calculated in comparison to areas which are not affected by natural or other specific constraints
  . Member States shall ensure that overcompensation as a result of the combination of this measure with other national or Union support instruments is avoided. |
| | When calculating additional costs and income forgone, Member States may, where duly justified, differentiate in order to take into account |
| | — | the situation and development objectives peculiar to a region; |

Text proposed by the Commission

Amendment

1.   Payments to farmers in mountain areas and other areas facing natural or other specific constraints shall be granted annually per hectare of UAA in order to compensate farmers for additional costs and income foregone related to the constraints for agricultural production in the area concerned.

1.   Payments to farmers in mountain areas and other areas facing natural or other specific constraints shall be granted annually per hectare of UAA in order to compensate farmers for additional costs and income foregone related to the constraints for agricultural production in the area concerned.

Additional costs and income foregone shall be calculated in comparison to areas which are not affected by natural or other specific constraints
  , taking into account payments pursuant to Chapter 3 of Title III of Regulation (EU) No DP/2012.

Additional costs and income foregone shall be calculated in comparison to areas which are not affected by natural or other specific constraints
  . Member States shall ensure that overcompensation as a result of the combination of this measure with other national or Union support instruments is avoided.

When calculating additional costs and income forgone, Member States may, where duly justified, differentiate in order to take into account

—

the situation and development objectives peculiar to a region;

| — | the severity of any permanent natural handicap affecting farming activities; |
| --- | --- |

—

the severity of any permanent natural handicap affecting farming activities;

| — | the type of production and, where appropriate, the economic structure of the holding. |
| --- | --- |

—

the type of production and, where appropriate, the economic structure of the holding.

2.   Payments shall be granted to farmers who undertake to pursue their farming activity in the areas designated pursuant to Article 33.

2.   Payments shall be granted to farmers who undertake to pursue their farming activity in the areas designated pursuant to Article 33.

3.   Payments shall be fixed between the minimum and maximum amount laid down in Annex I.

3.   Payments shall be fixed between the minimum and maximum amount laid down in Annex I.

Member States may, when duly justified, grant individual payments above the maximum amount laid down in Annex I, on condition that the maximum amount is respected on average at programming level.

4.   Member States shall provide for degressivity of payments above a threshold level of area per holding, to be defined in the programme.

4.   Member States shall provide for degressivity of payments above a threshold level of area per holding, to be defined in the programme.

5.   Member States may grant payments under this measure
  between 2014 and 2017
  to farmers in areas which were eligible under Article 36(a)(ii) of Regulation (EC) No 1698/2005 during the 2007-2013 programming period but are no longer eligible following
  the
  new delimitation referred to in Article 33(3). These payments shall be degressive starting in
  2014
  at 80 % of the payment received
  in 2013 and ending in 2017
  at 20 %.

5.   Member States may grant payments under this measure
  for a period of four years
  to farmers in areas which were eligible under Article 36(a)(ii) of Regulation (EC) No 1698/2005 during the 2007-2013 programming period but are no longer eligible following
  a
  new delimitation referred to in Article 33(3). These payments shall be degressive starting, in
  the first year,
  at 80 % of the payment received
  during the 2007-2013 programming period and ending, in the fourth year,
  at 20 %.

6.
     
  In Member States which have not completed the delimitation referred to in Article 33(3) before 1 January 2014, paragraph 5 shall apply to farmers receiving payments in areas which were eligible for such payments during the 2007-2013 period. Following completion of the delimitation, farmers in areas that remain eligible shall receive full payments under this measure. Farmers in areas that are no longer eligible shall continue to receive payments in accordance with paragraph 5.

Amendment 73

Proposal for a regulation

Article 33

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall, on the basis of paragraphs 2, 3 and 4, designate areas eligible for payments provided for in Article 32 under the following categories: | 1.   Member States shall, on the basis of paragraphs 2, 3 and 4, designate areas eligible for payments provided for in Article 32 under the following categories: |
| (a) | mountain areas; |

Text proposed by the Commission

Amendment

1.   Member States shall, on the basis of paragraphs 2, 3 and 4, designate areas eligible for payments provided for in Article 32 under the following categories:

1.   Member States shall, on the basis of paragraphs 2, 3 and 4, designate areas eligible for payments provided for in Article 32 under the following categories:

(a)

mountain areas;

| (a) | mountain areas; |
| --- | --- |

(a)

mountain areas;

| (b) | areas, other than mountain areas, facing significant natural constraints; and |
| --- | --- |

(b)

areas, other than mountain areas, facing significant natural constraints; and

| (b) | areas, other than mountain areas, facing significant natural constraints; and |
| --- | --- |

(b)

areas, other than mountain areas, facing significant natural constraints; and

| (c) | other areas affected by specific constraints. |
| --- | --- |

(c)

other areas affected by specific constraints.

| (c) | other areas affected by specific constraints. |
| --- | --- |

(c)

other areas affected by specific constraints.

2.   In order to be eligible for payments under Article 32, mountain areas shall be characterized by a considerable limitation of the possibilities for using the land and by an appreciable increase in production costs due to:

2.   In order to be eligible for payments under Article 32, mountain areas shall be characterized by a considerable limitation of the possibilities for using the land and by an appreciable increase in production costs due to:

| (a) | the existence, because of altitude, of very difficult climatic conditions, the effect of which is substantially to shorten the growing season; |
| --- | --- |

(a)

the existence, because of altitude, of very difficult climatic conditions, the effect of which is substantially to shorten the growing season;

| (a) | the existence, because of altitude, of very difficult climatic conditions, the effect of which is substantially to shorten the growing season; |
| --- | --- |

(a)

the existence, because of altitude, of very difficult climatic conditions, the effect of which is substantially to shorten the growing season;

| (b) | at a lower altitude, the presence over the greater part of the area in question of slopes too steep for the use of machinery or requiring the use of very expensive special equipment, or a combination of these two factors, where the constraints resulting from each taken separately
  is
  less acute but the combination of the two gives rise to an equivalent constraints. |
| --- | --- |

(b)

at a lower altitude, the presence over the greater part of the area in question of slopes too steep for the use of machinery or requiring the use of very expensive special equipment, or a combination of these two factors, where the constraints resulting from each taken separately
  is
  less acute but the combination of the two gives rise to an equivalent constraints.

| (b) | at a lower altitude, the presence over the greater part of the area in question of slopes too steep for the use of machinery or requiring the use of very expensive special equipment, or a combination of these two factors, where the constraints resulting from each taken separately
  are
  less acute but the combination of the two gives rise to an equivalent constraints. |
| --- | --- |

(b)

at a lower altitude, the presence over the greater part of the area in question of slopes too steep for the use of machinery or requiring the use of very expensive special equipment, or a combination of these two factors, where the constraints resulting from each taken separately
  are
  less acute but the combination of the two gives rise to an equivalent constraints.

Areas north of the
  62nd

  parallel and certain adjacent areas shall be regarded as mountain areas.

Areas north of the
  62nd
  parallel and certain adjacent areas shall be regarded as mountain areas.

3.   
  In order to be eligible for payments under Article 32,
  areas, other than mountain areas,
  shall be considered as
  facing significant natural constraints
  if at least 66 % of the UAA meets at least one of the criteria listed in Annex II at the threshold value indicated. Respect of this condition shall be ensured at the appropriate level of local administrative units (‘LAU 2’ level).

3.
     
  Member States shall designate
  areas, other than mountain areas, facing significant natural constraints
  , as eligible for payments under Article 32. These areas shall be characterised by significant natural constraints, notably low soil productivity or poor climate conditions and by the fact that maintaining extensive farming activity is important for the management of the land.

When delimiting the areas concerned by this paragraph, Member States shall undertake a fine-tuning exercise, based on objective criteria, with the purpose of excluding areas in which significant natural constraints in accordance with the first subparagraph have been documented but have been overcome by investments or by economic activity.

By 31 December 2014, the Commission shall present a legislative proposal for mandatory bio-physical criteria and the corresponding threshold values to be applied for the future delimitation, as well as appropriate rules for fine-tuning and transitional arrangements.

4.   Areas other than those referred to in paragraphs 2 and 3 shall be eligible for payments under Article 32 if they are affected by specific constraints and where land management should be continued in order to conserve or improve the environment, maintain the countryside and preserve the tourist potential of the area or in order to protect the coastline.

4.   Areas other than those referred to in paragraphs 2 and 3 shall be eligible for payments under Article 32 if they are affected by specific constraints
  , including very low population density,
  and where land management should be continued in order to conserve or improve the environment, maintain the countryside and preserve the tourist potential of the area or in order to protect the coastline.

Areas affected by specific constraints shall comprise farming areas which are homogeneous from the point of view of natural protection conditions and their total extent shall not exceed 10 % of the area of the Member State concerned.

Areas affected by specific constraints shall comprise farming areas which are homogeneous from the point of view of natural protection conditions and their total extent shall not exceed 10 % of the area of the Member State concerned.

5.   Member States shall attach to their rural development programmes:

5.   Member States shall attach to their rural development programmes the existing or amended delimitation pursuant to paragraphs 2,
  3
  and 4.

| (a) | the existing or amended delimitation pursuant to paragraphs 2 and 4; |
| --- | --- |

(a)

the existing or amended delimitation pursuant to paragraphs 2 and 4;

| (b) | the new delimitation of the areas referred to in paragraph 3. |
| --- | --- |

(b)

the new delimitation of the areas referred to in paragraph 3.

Amendment 74

Proposal for a regulation

Article 34 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Animal welfare payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012 and other relevant mandatory requirements established by national legislation. These relevant requirements shall be identified in the programme. | 2.   Animal welfare payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No .../2013 [HR] and other relevant mandatory requirements established by Union law. These relevant requirements shall be identified in the programme. |
| Those commitments shall be undertaken for a renewable period of
  one year
  . | Those commitments shall be undertaken for a renewable period of
  one to seven years
  . |

Text proposed by the Commission

Amendment

2.   Animal welfare payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No HR/2012 and other relevant mandatory requirements established by national legislation. These relevant requirements shall be identified in the programme.

2.   Animal welfare payments cover only those commitments going beyond the relevant mandatory standards established pursuant to Chapter I of Title VI of Regulation (EU) No .../2013 [HR] and other relevant mandatory requirements established by Union law. These relevant requirements shall be identified in the programme.

Those commitments shall be undertaken for a renewable period of
  one year
  .

Those commitments shall be undertaken for a renewable period of
  one to seven years
  .

Amendment 75

Proposal for a regulation

Article 35 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under this measure shall be granted per hectare of forest to forest holders, municipalities and their associations who undertake, on a voluntary basis, to carry out operations consisting of one or more forest-environment commitments. Bodies managing state owned forests may also benefit from support provided they are independent from the state budget. | 1.   Support under this measure shall be granted per hectare of forest
  exclusively
  to forest holders, municipalities and their associations who undertake, on a voluntary basis, to carry out operations consisting of one or more forest-environment commitments. Bodies managing state owned forests may also benefit from support provided they are independent from the state budget. |

Text proposed by the Commission

Amendment

1.   Support under this measure shall be granted per hectare of forest to forest holders, municipalities and their associations who undertake, on a voluntary basis, to carry out operations consisting of one or more forest-environment commitments. Bodies managing state owned forests may also benefit from support provided they are independent from the state budget.

1.   Support under this measure shall be granted per hectare of forest
  exclusively
  to forest holders, municipalities and their associations who undertake, on a voluntary basis, to carry out operations consisting of one or more forest-environment commitments. Bodies managing state owned forests may also benefit from support provided they are independent from the state budget.

Amendment 76

Proposal for a regulation

Article 35 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| For forest holdings above a certain threshold to be determined by Member States in their rural development programmes, support under paragraph 1 shall be conditional on the submission of a forest management plan or equivalent instrument in line with sustainable forest management. | deleted |

Text proposed by the Commission

Amendment

For forest holdings above a certain threshold to be determined by Member States in their rural development programmes, support under paragraph 1 shall be conditional on the submission of a forest management plan or equivalent instrument in line with sustainable forest management.

deleted

Justification

There is already adequate statutory provision at national level for the progressive management of woods and forests irrespective of the size of the holdings concerned. Requiring forest holders to draw up management plans would only mean more red tape.

Amendment 77

Proposal for a regulation

Article 35 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Payments shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the forest-environment commitments. Support shall be limited to the maximum amount laid down in Annex I. | 3.   Payments shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the forest-environment commitments. Support shall be limited to the maximum amount laid down in Annex I
  . In clearly justified cases, support for agreements not to use trees or stands of trees may also be granted in the form of one-off payments or flat-rate amounts per project, calculated on the basis of the relevant additional costs and loss of income
  . |

Text proposed by the Commission

Amendment

3.   Payments shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the forest-environment commitments. Support shall be limited to the maximum amount laid down in Annex I.

3.   Payments shall compensate beneficiaries for all or part of the additional costs and income foregone resulting from the commitments made. Where necessary they may also cover transaction costs to a value of up to 20 % of the premium paid for the forest-environment commitments. Support shall be limited to the maximum amount laid down in Annex I
  . In clearly justified cases, support for agreements not to use trees or stands of trees may also be granted in the form of one-off payments or flat-rate amounts per project, calculated on the basis of the relevant additional costs and loss of income
  .

Justification

In forest ecosystems it is often more efficient to elaborate funding through several projects rather than through size-based funding. A uniform flat rate of 200,—/ha does not seem to be equivalent to cover the real costs as forests have a long vegetation period.

Amendment 78

Proposal for a regulation

Article 36

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under this measure shall promote forms of co-operation involving at least two entities and in particular: | 1.   Support under this measure shall promote forms of co-operation involving at least two entities and in particular: |
| (a) | co-operation approaches among different actors in the Union agriculture and food chain, forestry sector and among other actors that contribute to achieving the objectives and priorities of rural development policy, including inter-branch organisations; |

Text proposed by the Commission

Amendment

1.   Support under this measure shall promote forms of co-operation involving at least two entities and in particular:

1.   Support under this measure shall promote forms of co-operation involving at least two entities and in particular:

(a)

co-operation approaches among different actors in the Union agriculture and food chain, forestry sector and among other actors that contribute to achieving the objectives and priorities of rural development policy, including inter-branch organisations;

| (a) | co-operation approaches among different actors in the Union agriculture and food chain, forestry sector and among other actors that contribute to achieving the objectives and priorities of rural development policy, including
  producer groups, cooperatives and
  inter-branch organisations; |
| --- | --- |

(a)

co-operation approaches among different actors in the Union agriculture and food chain, forestry sector and among other actors that contribute to achieving the objectives and priorities of rural development policy, including
  producer groups, cooperatives and
  inter-branch organisations;

| (b) | the creation of clusters and networks; |
| --- | --- |

(b)

the creation of clusters and networks;

| (b) | the creation of clusters and networks
  and coordination points
  ; |
| --- | --- |

(b)

the creation of clusters and networks
  and coordination points
  ;

| (c) | the establishment and operation of operational groups of the EIP for agricultural productivity and sustainability as referred to in Article 62. |
| --- | --- |

(c)

the establishment and operation of operational groups of the EIP for agricultural productivity and sustainability as referred to in Article 62.

| (c) | the establishment and operation of operational groups of the EIP for agricultural productivity and sustainability as referred to in Article 62. |
| --- | --- |

(c)

the establishment and operation of operational groups of the EIP for agricultural productivity and sustainability as referred to in Article 62.

| (c a) | innovation and co-operation through twinning between networks in the Union and in third countries; |
| --- | --- |

(c a)

innovation and co-operation through twinning between networks in the Union and in third countries;

2.   Co-operation under paragraph 1 shall relate in particular to the following:

2.   Co-operation under paragraph 1 shall relate in particular to the following:

| (a) | pilot projects; |
| --- | --- |

(a)

pilot projects;

| (a) | pilot projects
  , demonstration and flagship projects
  ; |
| --- | --- |

(a)

pilot projects
  , demonstration and flagship projects
  ;

| (b) | the development of new products, practices, processes and technologies in the agriculture, food and forestry sectors |
| --- | --- |

(b)

the development of new products, practices, processes and technologies in the agriculture, food and forestry sectors

| (b) | the development of new products, practices, processes and technologies in the agriculture, food and forestry sectors
  including those for the reduction of waste; |
| --- | --- |

(b)

the development of new products, practices, processes and technologies in the agriculture, food and forestry sectors
  including those for the reduction of waste;

| (c) | co-operation among small operators in organising joint work processes, sharing facilities and resources; |
| --- | --- |

(c)

co-operation among small operators in organising joint work processes, sharing facilities and resources;

| (c) | co-operation among small operators in organising joint work processes, sharing facilities and resources; |
| --- | --- |

(c)

co-operation among small operators in organising joint work processes, sharing facilities and resources;

| (d) | horizontal and vertical co-operation among supply chain actors for the establishment of logistic platforms to promote short supply chains and local markets; |
| --- | --- |

(d)

horizontal and vertical co-operation among supply chain actors for the establishment of logistic platforms to promote short supply chains and local markets;

| (d) | horizontal and vertical co-operation among supply chain actors for the establishment of logistic platforms to promote short supply chains and local
  and regional
  markets; |
| --- | --- |

(d)

horizontal and vertical co-operation among supply chain actors for the establishment of logistic platforms to promote short supply chains and local
  and regional
  markets;

| (e) | promotion activities in a local context relating to the development of short supply chains and local markets; |
| --- | --- |

(e)

promotion activities in a local context relating to the development of short supply chains and local markets;

| (e) | promotion activities in a local context relating to the development of short supply chains and local
  and regional
  markets
  and of products under quality schemes
  ; |
| --- | --- |

(e)

promotion activities in a local context relating to the development of short supply chains and local
  and regional
  markets
  and of products under quality schemes
  ;

| (f) | joint action undertaken with a view to mitigating or adapting to climate change; |
| --- | --- |

(f)

joint action undertaken with a view to mitigating or adapting to climate change;

| (f) | joint action undertaken with a view to mitigating or adapting to climate change; |
| --- | --- |

(f)

joint action undertaken with a view to mitigating or adapting to climate change;

| (g) | collective
  approaches to environmental projects and ongoing environmental practices; |
| --- | --- |

(g)

collective
  approaches to environmental projects and ongoing environmental practices;

| (g) | co-ordinated
  approaches to environmental projects and ongoing environmental practices;
  including efficient water management, the use of renewable energy and the preservation of agricultural landscape; |
| --- | --- |

(g)

co-ordinated
  approaches to environmental projects and ongoing environmental practices;
  including efficient water management, the use of renewable energy and the preservation of agricultural landscape;

| (h) | horizontal and vertical cooperation among supply chain actors in the sustainable production of biomass for use in food, energy production and industrial processes. |
| --- | --- |

(h)

horizontal and vertical cooperation among supply chain actors in the sustainable production of biomass for use in food, energy production and industrial processes.

| (h) | horizontal and vertical cooperation among supply chain actors in the sustainable production of biomass for use in food, energy production and industrial processes. |
| --- | --- |

(h)

horizontal and vertical cooperation among supply chain actors in the sustainable production of biomass for use in food, energy production and industrial processes.

| (i) | implementation, in particular by public-private partnerships other than those defined in Article 28(1)(b) of Regulation (EU) No [CSF/2012], of local development strategies addressing one or more of the Union priorities for rural development; |
| --- | --- |

(i)

implementation, in particular by public-private partnerships other than those defined in Article 28(1)(b) of Regulation (EU) No [CSF/2012], of local development strategies addressing one or more of the Union priorities for rural development;

| (i) | implementation, in particular by public-private partnerships other than those defined in Article 28(1)(b) of Regulation (EU) No .../2013 [CSF], of local development strategies addressing one or more of the Union priorities for rural development; |
| --- | --- |

(i)

implementation, in particular by public-private partnerships other than those defined in Article 28(1)(b) of Regulation (EU) No .../2013 [CSF], of local development strategies addressing one or more of the Union priorities for rural development;

| (j) | drawing up of forest management plans or equivalent instruments. |
| --- | --- |

(j)

drawing up of forest management plans or equivalent instruments.

| (j) | drawing up of forest management plans or equivalent instruments. |
| --- | --- |

(j)

drawing up of forest management plans or equivalent instruments.

| (ja) | the development, including the marketing, of tourism services relating to rural tourism; |
| --- | --- |

(ja)

the development, including the marketing, of tourism services relating to rural tourism;

| (jb) | development of ‘social agriculture’ projects. |
| --- | --- |

(jb)

development of ‘social agriculture’ projects.

2a.
     
  When allocating support, priority may be given to cooperation among entities involving primary producers.

3.   
  Support under paragraph 1(b) shall be granted only to newly formed clusters and networks and those commencing an activity that is new to them.

Support for operations under paragraph 2(b) may be granted also to individual actors where this possibility is provided for in the rural development programme.

3.   Support for operations under paragraph 2(b) may be granted also to individual actors where this possibility is provided for in the rural development programme.

4.   The results of pilot projects and operations by individual actors under paragraph 2(b) shall be disseminated.

4.   The results of pilot projects and operations by individual actors under paragraph 2(b) shall be disseminated.

5.   The following costs, linked to the forms of co-operation referred to in paragraph 1 shall be eligible for support under this measure:

5.   The following costs, linked to the forms of co-operation referred to in paragraph 1 shall be eligible for support under this measure:

| (a) | studies of the area concerned, feasibility studies, and costs for the drawing up of a business plan or a forest management plan or equivalent, or local development strategy other than the one referred to in Article 29 of Regulation EU (No) [CSF/2012]; |
| --- | --- |

(a)

studies of the area concerned, feasibility studies, and costs for the drawing up of a business plan or a forest management plan or equivalent, or local development strategy other than the one referred to in Article 29 of Regulation EU (No) [CSF/2012];

| (a) | studies of the area concerned, feasibility studies, and costs for the drawing up of a business plan or a forest management plan or equivalent, or local development strategy other than the one referred to in Article 29 of Regulation EU (No) .../2013 [CSF]; |
| --- | --- |

(a)

studies of the area concerned, feasibility studies, and costs for the drawing up of a business plan or a forest management plan or equivalent, or local development strategy other than the one referred to in Article 29 of Regulation EU (No) .../2013 [CSF];

| (b) | animation of the area concerned in order to make a collective territorial project feasible. In the case of clusters, animation may also concern the organisation of training, networking between members and the recruitment of new members; |
| --- | --- |

(b)

animation of the area concerned in order to make a collective territorial project feasible. In the case of clusters, animation may also concern the organisation of training, networking between members and the recruitment of new members;

| (b) | animation of the area concerned in order to make a collective territorial project feasible. In the case of clusters, animation may also concern the organisation of training, networking between members and the recruitment of new members; |
| --- | --- |

(b)

animation of the area concerned in order to make a collective territorial project feasible. In the case of clusters, animation may also concern the organisation of training, networking between members and the recruitment of new members;

| (c) | running costs of the co-operation; |
| --- | --- |

(c)

running costs of the co-operation;

| (c) | running costs of the co-operation; |
| --- | --- |

(c)

running costs of the co-operation;

| (d) | direct costs of specific projects linked to the implementation of a business plan, a local development strategy other than the one referred to in Article 29 of Regulation (EU) No [CSF/2012] or an action targeted towards innovation; |
| --- | --- |

(d)

direct costs of specific projects linked to the implementation of a business plan, a local development strategy other than the one referred to in Article 29 of Regulation (EU) No [CSF/2012] or an action targeted towards innovation;

| (d) | direct costs of specific projects linked to the implementation of a business plan, a local development strategy other than the one referred to in Article 29 of Regulation (EU) No .../2013 [CSF]or an action targeted towards innovation; |
| --- | --- |

(d)

direct costs of specific projects linked to the implementation of a business plan, a local development strategy other than the one referred to in Article 29 of Regulation (EU) No .../2013 [CSF]or an action targeted towards innovation;

| (e) | costs of promotion activities. |
| --- | --- |

(e)

costs of promotion activities.

| (e) | costs of promotion activities. |
| --- | --- |

(e)

costs of promotion activities.

6.   Where a business plan or a forest management plan or equivalent or a development strategy is implemented, Member States may grant the aid either as a global amount covering the costs of co-operation and the costs of the projects implemented or cover only the costs of the co-operation and use funds from other measures or other Union Funds for project implementation.

6.   Where a business plan or a forest management plan or equivalent or a development strategy is implemented, Member States may grant the aid either as a global amount covering the costs of co-operation and the costs of the projects implemented or cover only the costs of the co-operation and use funds from other measures or other Union Funds for project implementation.

7.   Co-operation among actors located in different regions or Member States shall also be eligible for support.

7.   Co-operation among actors located in different regions or Member States
  as well as co-operation with actors from developing countries
  shall also be eligible for support.

8.   Support shall be limited to a maximum period of seven years except for collective environmental action in duly justified cases.

8.   Support shall be limited to a maximum period of seven years except for collective environmental action in duly justified cases.

9.   Co-operation under this measure may be combined with projects supported by Union funds other than the EAFRD in the same territory. Member States shall ensure that overcompensation as a result of the combination of this measure with other national or Union support instruments is avoided.

9.   Co-operation under this measure may be combined with projects supported by Union funds other than the EAFRD in the same territory. Member States shall ensure that overcompensation as a result of the combination of this measure with other national or Union support instruments is avoided.

10.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the further specification of the characteristics of pilot projects, clusters, networks, short supply chains and local markets that will be eligible for support, as well as concerning the conditions for granting aid to the types of
  operation
  listed in paragraph 2.

10.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the further specification of the characteristics of pilot projects, clusters, networks, short supply chains and local markets that will be eligible for support, as well as concerning the conditions for granting aid to the types of
  co-operation
  listed in paragraph 2.

Amendment 79

Proposal for a regulation

Article 37

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under this measure shall cover: | 1.   Support under this measure shall cover: |
| (a) | financial contributions, paid directly to farmers, to premiums for crop, animal and plant insurance against economic losses caused by adverse climatic events and animal or plant diseases or pest infestation; |

Text proposed by the Commission

Amendment

1.   Support under this measure shall cover:

1.   Support under this measure shall cover:

(a)

financial contributions, paid directly to farmers, to premiums for crop, animal and plant insurance against economic losses caused by adverse climatic events and animal or plant diseases or pest infestation;

| (a) | financial contributions, paid directly to farmers
  or to groups of farmers
  , to premiums for crop, animal and plant insurance against economic losses caused by adverse climatic events and animal or plant diseases or pest infestation; |
| --- | --- |

(a)

financial contributions, paid directly to farmers
  or to groups of farmers
  , to premiums for crop, animal and plant insurance against economic losses caused by adverse climatic events and animal or plant diseases or pest infestation;

| (b) | financial contributions to mutual funds to pay financial compensations to farmers, for economic losses caused by the outbreak of an animal or plant disease
  or
  an environmental incident; |
| --- | --- |

(b)

financial contributions to mutual funds to pay financial compensations to farmers, for economic losses caused by the outbreak of an animal or plant disease
  or
  an environmental incident;

| (b) | financial contributions to mutual funds to pay financial compensations to farmers, for economic losses caused by the outbreak of an animal or plant disease
  , harmful organisms,
  an environmental incident
  or adverse climatic events, including draughts
  ; |
| --- | --- |

(b)

financial contributions to mutual funds to pay financial compensations to farmers, for economic losses caused by the outbreak of an animal or plant disease
  , harmful organisms,
  an environmental incident
  or adverse climatic events, including draughts
  ;

| (c) | an income stabilisation tool, in the form of financial contributions to mutual funds, providing compensation to farmers who experience a severe drop in their income. |
| --- | --- |

(c)

an income stabilisation tool, in the form of financial contributions to mutual funds, providing compensation to farmers who experience a severe drop in their income.

| (c) | an income stabilisation tool, in the form of financial contributions to mutual funds
  or insurance
  , providing compensation to farmers who experience a severe drop in their income
  or of financial contributions paid directly to farmers for the payment of insurance premiums to cover the risk of a severe drop in income
  . |
| --- | --- |

(c)

an income stabilisation tool, in the form of financial contributions to mutual funds
  or insurance
  , providing compensation to farmers who experience a severe drop in their income
  or of financial contributions paid directly to farmers for the payment of insurance premiums to cover the risk of a severe drop in income
  .

2.   For the purpose of paragraph 1 points (b) and (c), ‘mutual fund’ shall mean a scheme accredited by the Member State in accordance with its national law for affiliated farmers to insure themselves, whereby compensation payments are made to affiliated farmers affected by economic losses caused by the outbreak of an animal or plant disease
  or
  an environmental incident or experiencing a severe drop in their income.

2.   For the purpose of paragraph 1 points (b) and (c), ‘mutual fund’ shall mean a scheme accredited by the Member State in accordance with its national law for affiliated farmers to insure themselves, whereby compensation payments are made to affiliated farmers affected by economic losses caused by the outbreak of an animal or plant disease
  , harmful organisms,
  an environmental incident
  or adverse climatic events
  or experiencing a severe drop in their income.

3.   Member States shall ensure that overcompensation as a result of the combination of this measure with other national or Union support instruments or private insurance schemes is avoided.
  Direct income support received under the European Globalisation Adjustment Fund36 (hereinafter ‘EGF’) shall also be taken into consideration when estimating the income levels of farmers.

3.   Member States shall ensure that overcompensation as a result of the combination of this measure with other national or Union support instruments or private insurance schemes is avoided.

4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the minimum and maximum duration of the commercial loans to mutual funds referred to in Articles 39(3)(b) and 40(4).

4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the minimum and maximum duration of the commercial loans to mutual funds referred to in Articles 39(3)(b) and 40(4).

The Commission shall carry out a mid-term review concerning the implementation of the risk management measure and shall subsequently submit a report to the European Parliament and the Council. The report shall be accompanied, where necessary, by appropriate legislative proposals for improvement of the implementation of the risk management measure.

Amendment 80

Proposal for a regulation

Article 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under Article 37(1)(a) shall only be granted for insurance contracts which cover for loss caused by an adverse climatic event or by an animal or plant disease or a pest infestation or a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest which
  destroys
  more than 30 %
  of
  the average annual production of the farmer
  in
  the preceding
  three-year period
  or
  a three-year average based on
  the preceding
  five-year period,
  excluding the highest and lowest
  entry. | 1.   Support under Article 37(1)(a) shall only be granted for insurance contracts which cover loss caused by an adverse climatic event or by an animal or plant disease or a pest infestation or
  for
  a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest which
  results in a reduction of annual production of
  more than 30 %
  as compared to
  the average annual production of the farmer
  . That average annual production shall be calculated by taking
  the
  figures for
  the preceding
  three years
  or
  for
  the preceding
  five years and
  excluding the highest and lowest
  figures, or, in duly justified exceptional circumstances, by taking the figures for a specific year in the preceding five years
  . |
| | The measurement of the extent of the loss caused may be tailored to the specific characteristics of each type of product using |
| | (a) | biological indexes (quantity of biomass loss) or equivalent yield loss indexes established at farm, local, regional or national level, or |

Text proposed by the Commission

Amendment

1.   Support under Article 37(1)(a) shall only be granted for insurance contracts which cover for loss caused by an adverse climatic event or by an animal or plant disease or a pest infestation or a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest which
  destroys
  more than 30 %
  of
  the average annual production of the farmer
  in
  the preceding
  three-year period
  or
  a three-year average based on
  the preceding
  five-year period,
  excluding the highest and lowest
  entry.

1.   Support under Article 37(1)(a) shall only be granted for insurance contracts which cover loss caused by an adverse climatic event or by an animal or plant disease or a pest infestation or
  for
  a measure adopted in accordance with Directive 2000/29/EC to eradicate or contain a plant disease or pest which
  results in a reduction of annual production of
  more than 30 %
  as compared to
  the average annual production of the farmer
  . That average annual production shall be calculated by taking
  the
  figures for
  the preceding
  three years
  or
  for
  the preceding
  five years and
  excluding the highest and lowest
  figures, or, in duly justified exceptional circumstances, by taking the figures for a specific year in the preceding five years
  .

The measurement of the extent of the loss caused may be tailored to the specific characteristics of each type of product using

(a)

biological indexes (quantity of biomass loss) or equivalent yield loss indexes established at farm, local, regional or national level, or

| (b) | weather indexes (including quantity of rainfall and temperature) established at local, regional or national level. |
| --- | --- |

(b)

weather indexes (including quantity of rainfall and temperature) established at local, regional or national level.

2.   The occurrence of an adverse climatic event or the outbreak of an animal or plant disease or pest infestation has to be formally recognised as such by the competent authority of the Member State concerned.

2.   The occurrence of an adverse climatic event or the outbreak of an animal or plant disease or pest infestation has to be formally recognised as such by the competent authority of the Member State concerned.

Member States may, where appropriate, establish in advance criteria on the basis of which such formal recognition shall be deemed to be granted.

Member States may, where appropriate, establish in advance criteria on the basis of which such formal recognition shall be deemed to be granted.

3.   Insurance payments shall compensate for not more than the total of the cost of replacing the losses referred to in Article 37(1)(a) and shall not require or specify the type or quantity of future production.

3.   Insurance payments shall compensate for not more than the total of the cost of replacing the losses referred to in Article 37(1)(a) and shall not require or specify the type or quantity of future production.

Member States may limit the amount of the premium that is eligible for support by applying appropriate ceilings.

Member States may limit the amount of the premium that is eligible for support by applying appropriate ceilings.

4.   Support shall be limited to the maximum rate laid down in Annex I.

4.   Support shall be limited to the maximum rate laid down in Annex I.

Amendment 81

Proposal for a regulation

Article 39

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 39 | Article 39 |
| Mutual funds for animal and plant diseases and environmental incidents | Mutual funds for animal and plant diseases

  , harmful organisms,

  and environmental incidents

  and adverse climatic events |
| 1.   In order to be eligible for support the mutual fund concerned shall: | 1.   In order to be eligible for support the mutual fund concerned shall: |
| (a) | be accredited by the competent authority in accordance with national law; |

Text proposed by the Commission

Amendment

Article 39

Article 39

Mutual funds for animal and plant diseases and environmental incidents

Mutual funds for animal and plant diseases

  , harmful organisms,

  and environmental incidents

  and adverse climatic events

1.   In order to be eligible for support the mutual fund concerned shall:

1.   In order to be eligible for support the mutual fund concerned shall:

(a)

be accredited by the competent authority in accordance with national law;

| (a) | be accredited by the competent authority in accordance with national law; |
| --- | --- |

(a)

be accredited by the competent authority in accordance with national law;

| (b) | have a transparent policy towards payments into and withdrawals from the fund; |
| --- | --- |

(b)

have a transparent policy towards payments into and withdrawals from the fund;

| (b) | have a transparent policy towards payments into and withdrawals from the fund; |
| --- | --- |

(b)

have a transparent policy towards payments into and withdrawals from the fund;

| (c) | have clear rules attributing responsibilities for any debts incurred. |
| --- | --- |

(c)

have clear rules attributing responsibilities for any debts incurred.

| (c) | have clear rules attributing responsibilities for any debts incurred. |
| --- | --- |

(c)

have clear rules attributing responsibilities for any debts incurred.

2.   Member States shall define the rules for the constitution and management of the mutual funds, in particular for the granting of compensation payments to farmers in the event of crisis and for the administration and monitoring of compliance with these rules.

2.   Member States shall define the rules for the constitution and management of the mutual funds, in particular for the granting of compensation payments to farmers in the event of crisis and for the administration and monitoring of compliance with these rules.
  Member States may decide to complement mutual funds by insurance systems.

Farmers shall only be eligible for compensation payments if they have taken all necessary precautionary measures to improve the resilience of their holding against environmental degradation, animal and plant diseases, harmful organisms and climate change events.

3.   The financial contributions referred to in Article 37(1)(b) may only relate to:

3.   The financial contributions referred to in Article 37(1)(b) may only relate to:

| (a) | the administrative costs of setting up the mutual fund, spread over a maximum of three years in a degressive manner; |
| --- | --- |

(a)

the administrative costs of setting up the mutual fund, spread over a maximum of three years in a degressive manner;

| (a) | the administrative costs of setting up the mutual fund, spread over a maximum of three years in a degressive manner; |
| --- | --- |

(a)

the administrative costs of setting up the mutual fund, spread over a maximum of three years in a degressive manner;

| (b) | the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis. |
| --- | --- |

(b)

the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis.

| (b) | the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis
  or to the insurance premiums for policies taken out by the mutual fund at market cost
  . |
| --- | --- |

(b)

the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis
  or to the insurance premiums for policies taken out by the mutual fund at market cost
  .

No contribution by public funds shall be made to initial capital stock.

No contribution by public funds shall be made to initial capital stock.

4.   As regards animal diseases, financial compensation under Article 37(1)(b) may
  only
  be granted in respect of diseases mentioned in the list of animal diseases established by the World Organisation for Animal Health
  and/or
  in the Annex to Decision 90/424/EEC.

4.   As regards animal diseases, financial compensation under Article 37(1)(b) may be granted in respect of diseases mentioned in the list of animal diseases established by the World Organisation for Animal Health
  or
  in the Annex to Decision 90/424/EEC
  and in respect of bee diseases
  .

5.   Support shall be limited to the maximum support rate laid down in Annex I.

5.   Support shall be limited to the maximum support rate laid down in Annex I.

Member States may limit the costs that are eligible for support by applying:

Member States may limit the costs that are eligible for support by applying:

| (a) | ceilings per fund; |
| --- | --- |

(a)

ceilings per fund;

| (a) | ceilings per fund; |
| --- | --- |

(a)

ceilings per fund;

| (b) | appropriate per unit ceilings. |
| --- | --- |

(b)

appropriate per unit ceilings.

| (b) | appropriate per unit ceilings. |
| --- | --- |

(b)

appropriate per unit ceilings.

Amendment 82

Proposal for a regulation

Article 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Support under Article 37(1)(c) may only be granted where the drop of income exceeds 30 % of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of Article 37(1)(c) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund to farmers shall compensate for not more than 70 % of the income lost. | 1.   Support under Article 37(1)(c) may only be granted where the drop of income exceeds 30 % of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of Article 37(1)(c) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund
  or insurance
  to farmers shall compensate for not more than 70 % of the income lost. |
| 2.   In order to be eligible for support the mutual fund concerned shall: | 2.   In order to be eligible for support the mutual fund concerned shall: |
| (a) | be accredited by the competent authority in accordance with national law; |

Text proposed by the Commission

Amendment

1.   Support under Article 37(1)(c) may only be granted where the drop of income exceeds 30 % of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of Article 37(1)(c) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund to farmers shall compensate for not more than 70 % of the income lost.

1.   Support under Article 37(1)(c) may only be granted where the drop of income exceeds 30 % of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. Income for the purposes of Article 37(1)(c) shall refer to the sum of revenues the farmer receives from the market, including any form of public support, deducting input costs. Payments by the mutual fund
  or insurance
  to farmers shall compensate for not more than 70 % of the income lost.

2.   In order to be eligible for support the mutual fund concerned shall:

2.   In order to be eligible for support the mutual fund concerned shall:

(a)

be accredited by the competent authority in accordance with national law;

| (a) | be accredited by the competent authority in accordance with national law; |
| --- | --- |

(a)

be accredited by the competent authority in accordance with national law;

| (b) | have a transparent policy towards payments into and withdrawals from the fund; |
| --- | --- |

(b)

have a transparent policy towards payments into and withdrawals from the fund;

| (b) | have a transparent policy towards payments into and withdrawals from the fund; |
| --- | --- |

(b)

have a transparent policy towards payments into and withdrawals from the fund;

| (c) | have clear rules attributing responsibilities for any debts incurred. |
| --- | --- |

(c)

have clear rules attributing responsibilities for any debts incurred.

| (c) | have clear rules attributing responsibilities for any debts incurred. |
| --- | --- |

(c)

have clear rules attributing responsibilities for any debts incurred.

3.   Member States shall define the rules for the constitution and management of the mutual funds, in particular for the granting of compensation payments to farmers in the event of crisis and for the administration and monitoring of compliance with these rules.

3.   Member States shall define the rules for the constitution and management of the mutual funds, in particular for the granting of compensation payments to farmers in the event of crisis and for the administration and monitoring of compliance with these rules.

4.   The financial contributions referred to in Article 37(1)(c)
  may
  only relate to the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis.

The financial contributions referred to in Article 37(1)(c)
  shall only be granted for insurance policies covering the losses of income referred to in paragraph 1 or, alternatively, shall
  only relate to the amounts paid by the mutual fund as financial compensation to farmers. In addition, the financial contribution may relate to interest on commercial loans taken out by the mutual fund for the purpose of paying the financial compensation to farmers in case of crisis.

No contribution by public funds shall be made to initial capital stock.

No contribution by public funds shall be made to initial capital stock.

5.   Support shall be limited to the maximum rate laid down in Annex I.

5.   Support shall be limited to the maximum rate laid down in Annex I.

Amendment 83

Proposal for a regulation

Article 41 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | demarcation with other measures, conversion to units other than those used in Annex I, calculation of transaction costs and conversion or adjustment of commitments under the agri-environment-climate measure referred to in Article 29, the organic farming measure referred to in Article 30 and the forest-environmental and climate services and forest conservation measure referred to in Article 35; |

Text proposed by the Commission

Amendment

(c)

demarcation with other measures, conversion to units other than those used in Annex I, calculation of transaction costs and conversion or adjustment of commitments under the agri-environment-climate measure referred to in Article 29, the organic farming measure referred to in Article 30 and the forest-environmental and climate services and forest conservation measure referred to in Article 35;

| (c) | demarcation with other measures, conversion to units other than those used in Annex I, calculation of transaction costs and conversion or adjustment of commitments under the agri-environment-climate measure referred to in Article 29, the organic farming measure referred to in Article 30
  , the animal welfare measure referred to in Article 34
  and the forest-environmental and climate services and forest conservation measure referred to in Article 35; |
| --- | --- |

(c)

demarcation with other measures, conversion to units other than those used in Annex I, calculation of transaction costs and conversion or adjustment of commitments under the agri-environment-climate measure referred to in Article 29, the organic farming measure referred to in Article 30
  , the animal welfare measure referred to in Article 34
  and the forest-environmental and climate services and forest conservation measure referred to in Article 35;

Justification

Article 34 also mentions transaction costs whereby these should be outlined in this context along with the transaction costs of the other measures.

Amendment 84

Proposal for a regulation

Article 42 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   In addition to the tasks referred to in Article 30 of Regulation (EU) No [CSF/2012] local action groups may also perform additional tasks delegated to them by the Managing Authority and/or the paying agency. | 1.   In addition to the tasks referred to in Article 30 of Regulation (EU) No .../2013 [CSF] local action groups may also: |
| | (a) | perform additional tasks delegated to them by the Managing Authority and/or the paying agency
  , or |

Text proposed by the Commission

Amendment

1.   In addition to the tasks referred to in Article 30 of Regulation (EU) No [CSF/2012] local action groups may also perform additional tasks delegated to them by the Managing Authority and/or the paying agency.

1.   In addition to the tasks referred to in Article 30 of Regulation (EU) No .../2013 [CSF] local action groups may also:

(a)

perform additional tasks delegated to them by the Managing Authority and/or the paying agency
  , or

| (b) | implement alone or together with partners operations with a wide territorial dimension, so- called ‘umbrella projects’, within local development strategy. |
| --- | --- |

(b)

implement alone or together with partners operations with a wide territorial dimension, so- called ‘umbrella projects’, within local development strategy.

Justification

We propose to allow local action groups for independent implementation of projects in the framework of local development strategy of the broad territorial reach, with participation of partners from the LDS area. The current regulations limit the role of LAGs to being an intermediary in transfer of financial means and an animator. It seems that possibility of realisation of flagship projects in the framework of a strategy would create a significant added value. Moreover, our polish experiences show that there is a huge demand for small-scale projects of short duration. Unfortunately, in situation when they have to follow the same administrative path, many applicants resign. Thanks to the proposed amendment, those partners would have contact only with a LAG and they would not need to get through the complicated administrative path.

Amendment 85

Proposal for a regulation

Article 43 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | capacity building, training and networking with a view to preparing and implementing a local development strategy. |

Text proposed by the Commission

Amendment

(b)

capacity building, training and networking with a view to preparing and implementing a local development strategy.

| (b) | capacity building, training and networking with a view to preparing and implementing a
  community-led
  local development strategy. |
| --- | --- |

(b)

capacity building, training and networking with a view to preparing and implementing a
  community-led
  local development strategy.

Amendment 86

Proposal for a regulation

Article 43 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the possibility for existing local action groups to perform the research and planning of community projects necessary in order to apply for new areas to be covered by the Leader programme. |

Text proposed by the Commission

Amendment

(ba)

the possibility for existing local action groups to perform the research and planning of community projects necessary in order to apply for new areas to be covered by the Leader programme.

Amendment 87

Proposal for a regulation

Article 44 — paragraph 1 — point (a) — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | inter-territorial or transnational co-operation projects; |

Text proposed by the Commission

Amendment

(a)

inter-territorial or transnational co-operation projects;

| (a) | inter-territorial or transnational co-operation projects,
  including cooperation projects with developing countries; |
| --- | --- |

(a)

inter-territorial or transnational co-operation projects,
  including cooperation projects with developing countries;

Justification

PCD goes beyond the ‘do-no-harm’ principle, implying that possible synergetic effects of EU internal policies with regard to development objectives should be explored. The Commission Communication and Council Conclusions for a Food Security Policy framework highlight the need to involve key stakeholder groups, such as community development groups, farmer organisations and women's associations, in policy making on rural and agricultural development. This could also be supported through transnational exchanges in the context of LEADER projects.

Amendment 88

Proposal for a regulation

Article 44 — paragraph 2 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | bodies that pursue development objectives consistent with the priorities laid down in Article 5 of this Regulation. |

Text proposed by the Commission

Amendment

(ba)

bodies that pursue development objectives consistent with the priorities laid down in Article 5 of this Regulation.

Amendment 89

Proposal for a regulation

Article 45 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Costs for the animation of the territory referred to in Article 31(d) of Regulation (EU) No [CSF/2012] are costs to
  cover actions
  to inform about the local development strategy
  as well as project development tasks. | 2.   Costs for the animation of the territory referred to in Article 31(d) of Regulation (EU) No .../2013 [CSF] are costs
  incurred in order
  to
  facilitate the exchange between stakeholders,
  to inform about
  and to promote
  the local development strategy
  , and to support potential beneficiaries in the development of projects and in the preparation of applications |

Text proposed by the Commission

Amendment

2.   Costs for the animation of the territory referred to in Article 31(d) of Regulation (EU) No [CSF/2012] are costs to
  cover actions
  to inform about the local development strategy
  as well as project development tasks.

2.   Costs for the animation of the territory referred to in Article 31(d) of Regulation (EU) No .../2013 [CSF] are costs
  incurred in order
  to
  facilitate the exchange between stakeholders,
  to inform about
  and to promote
  the local development strategy
  , and to support potential beneficiaries in the development of projects and in the preparation of applications

Amendment 90

Proposal for a regulation

Article 46

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   
  In order to be eligible for EAFRD support investment operations shall be preceded by an
  assessment of the expected environmental impact in accordance with legislation specific to that kind of investment
  where the investment is likely to have negative effects on the environment. | 1.   
  Member States may make the eligibility of investment operations conditional on a prior
  assessment of the expected environmental impact in accordance with
  national and Union

  law specific to that kind of investment.
  Member States may give priority to investments which: |
| | (a) | substantially improve the environmental, climate and animal- welfare performance of the holdings; |

Text proposed by the Commission

Amendment

1.   
  In order to be eligible for EAFRD support investment operations shall be preceded by an
  assessment of the expected environmental impact in accordance with legislation specific to that kind of investment
  where the investment is likely to have negative effects on the environment.

1.   
  Member States may make the eligibility of investment operations conditional on a prior
  assessment of the expected environmental impact in accordance with
  national and Union

  law specific to that kind of investment.
  Member States may give priority to investments which:

(a)

substantially improve the environmental, climate and animal- welfare performance of the holdings;

| (b) | help to diversify the income sources of farmers; or |
| --- | --- |

(b)

help to diversify the income sources of farmers; or

| (c) | consist of joint activities. |
| --- | --- |

(c)

consist of joint activities.

2.   Eligible expenditure shall be limited to:

2.   Eligible expenditure shall be limited to:

| (a) | the construction, acquisition, including leasing, or improvement of immovable property; |
| --- | --- |

(a)

the construction, acquisition, including leasing, or improvement of immovable property;

| (a) | the construction, acquisition, including leasing, or improvement of immovable property; |
| --- | --- |

(a)

the construction, acquisition, including leasing, or improvement of immovable property;

| (b) | the purchase or lease purchase of new machinery and equipment including computing software up to the market value of the asset; |
| --- | --- |

(b)

the purchase or lease purchase of new machinery and equipment including computing software up to the market value of the asset;

| (b) | the purchase or lease purchase of new machinery and equipment including computing software up to the market value of the asset; |
| --- | --- |

(b)

the purchase or lease purchase of new machinery and equipment including computing software up to the market value of the asset;

| (c) | general costs linked to expenditure referred to in points (a) and (b), such as architect, engineer and consultation fees, feasibility studies, the acquisition of patents or licenses. |
| --- | --- |

(c)

general costs linked to expenditure referred to in points (a) and (b), such as architect, engineer and consultation fees, feasibility studies, the acquisition of patents or licenses.

| (c) | general costs linked to expenditure referred to in points (a) and (b), such as architect, engineer and consultation fees,
  fees relating to advice on environmental and economic sustainability, including
  feasibility studies,
  and
  the acquisition of patents or licenses. |
| --- | --- |

(c)

general costs linked to expenditure referred to in points (a) and (b), such as architect, engineer and consultation fees,
  fees relating to advice on environmental and economic sustainability, including
  feasibility studies,
  and
  the acquisition of patents or licenses.

3.   In the case of irrigation,
  only
  investments
  that lead to a reduction of previous water use by at least 25 %
  shall be considered
  as
  eligible expenditure.
  By way of derogation, in the Member States that adhered to the Union from 2004 onwards investments in new irrigation installations can be considered eligible expenditure in cases where an environmental analysis provides evidence that the investment concerned is sustainable and has no negative environmental impact.

3.   In the case of irrigation,
  new
  investments
  , including the modernisation of existing systems for the improvement of water use efficiency and energy efficiency,
  shall be considered
  to be
  eligible expenditure.
  In areas where river basin management plans, with associated implementation programmes, have been drawn up under Directive 2000/60/EC, those investments shall only be considered to be eligible expenditure if they comply with the environmental objectives of such plans.

4.   In the case of agricultural investments, the purchase of agricultural production rights, payment entitlements, animals, annual plants and their planting shall not be eligible for investment support. However, in case of restoration of agricultural production potential damaged by natural disasters in accordance with Article 19(1)(b), expenditure for the purchase of animals may be eligible expenditure.

4.   In the case of agricultural investments, the purchase of agricultural production rights, payment entitlements, animals, annual plants and their planting shall not be eligible for investment support. However, in case of restoration of agricultural production potential damaged by natural disasters in accordance with Article 19(1)(b), expenditure for the purchase of animals may be eligible expenditure.

5.   Beneficiaries of investment related support may request the payment of an advance of up to 50 % of the public aid related to the investment from the competent paying agencies if that option is included in the rural development programme.

5.   Beneficiaries of investment related support may request the payment of an advance of up to 50 % of the public aid related to the investment from the competent paying agencies if that option is included in the rural development programme.

6.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the conditions under which other costs connected with leasing contracts, second hand equipment and simple replacement investments may be considered as eligible expenditure.

6.   The Commission shall be empowered to adopt delegated acts in accordance with Article 90 concerning the conditions under which other costs connected with leasing contracts, second hand equipment and simple replacement investments may be considered as eligible expenditure.

Amendment 91

Proposal for a regulation

Article 49 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Managing Authority of the rural development programme shall define selection criteria for operations under all measures following consultation with the Monitoring Committee. Selection criteria shall aim to ensure
  equal treatment of applicants,
  better use of financial resources and targeting of measures in accordance with the Union priorities for rural development. In defining
  selection
  criteria the principle of proportionality shall be taken into account
  in relation to small grants. | 1.   The Managing Authority of the rural development programme shall define selection criteria for operations under all measures following consultation with the Monitoring Committee.
  The
  selection criteria shall aim to ensure
  that the measures targeting agricultural holdings are applied only to ‘active farmers’ as defined in Regulation (EU) No .../2013


  [DP]. Moreover, these criteria shall aim to ensure a
  better use of financial resources and targeting of measures in accordance with the Union priorities for rural development. In defining
  and applying
  these criteria the principle of proportionality shall be taken into account. |

Text proposed by the Commission

Amendment

1.   The Managing Authority of the rural development programme shall define selection criteria for operations under all measures following consultation with the Monitoring Committee. Selection criteria shall aim to ensure
  equal treatment of applicants,
  better use of financial resources and targeting of measures in accordance with the Union priorities for rural development. In defining
  selection
  criteria the principle of proportionality shall be taken into account
  in relation to small grants.

1.   The Managing Authority of the rural development programme shall define selection criteria for operations under all measures following consultation with the Monitoring Committee.
  The
  selection criteria shall aim to ensure
  that the measures targeting agricultural holdings are applied only to ‘active farmers’ as defined in Regulation (EU) No .../2013


  [DP]. Moreover, these criteria shall aim to ensure a
  better use of financial resources and targeting of measures in accordance with the Union priorities for rural development. In defining
  and applying
  these criteria the principle of proportionality shall be taken into account.

Justification

Support through measures targeting agricultural holdings should only benefit ‘active farmers’ as defined by the proposed regulation on CAP direct payments. If this distinction is made in the first pillar, it must also be made in the second pillar.

Amendment 92

Proposal for a regulation

Article 50 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the purposes of this Regulation the Managing Authority shall define ‘rural area’ at programme level. | For the purposes of this Regulation the Managing Authority shall define ‘rural area’ at programme level.
  It may also designate various specific areas within a given measure where there is objective justification for so doing. |

Text proposed by the Commission

Amendment

For the purposes of this Regulation the Managing Authority shall define ‘rural area’ at programme level.

For the purposes of this Regulation the Managing Authority shall define ‘rural area’ at programme level.
  It may also designate various specific areas within a given measure where there is objective justification for so doing.

Amendment 93

Proposal for a regulation

Article 51 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  A sum of EUR 30 million shall be withdrawn from the allocation referred to in paragraph 1 and used to finance the prize for innovative, local cooperation referred to in Article 56. | deleted |

Text proposed by the Commission

Amendment

2.
     
  A sum of EUR 30 million shall be withdrawn from the allocation referred to in paragraph 1 and used to finance the prize for innovative, local cooperation referred to in Article 56.

deleted

Amendment 94

Proposal for a regulation

Article 51 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   At the initiative of the Member States up to 4 % of the total amount of each rural development programme may be devoted to the tasks referred to in Article 52 of Regulation (EC) No [CSF/2012], as well as costs related to preparatory work for the delimitation of areas facing natural constraints referred to in Article 33
  (3)
  . | 3.   At the initiative of the Member States up to 4 % of the total amount of each rural development programme may be devoted to the tasks referred to in Article 52 of Regulation (EU) No .../2013 [CSF], as well as costs related to preparatory work for the delimitation of areas facing natural
  and other specific
  constraints referred to in Article 33. |

Text proposed by the Commission

Amendment

3.   At the initiative of the Member States up to 4 % of the total amount of each rural development programme may be devoted to the tasks referred to in Article 52 of Regulation (EC) No [CSF/2012], as well as costs related to preparatory work for the delimitation of areas facing natural constraints referred to in Article 33
  (3)
  .

3.   At the initiative of the Member States up to 4 % of the total amount of each rural development programme may be devoted to the tasks referred to in Article 52 of Regulation (EU) No .../2013 [CSF], as well as costs related to preparatory work for the delimitation of areas facing natural
  and other specific
  constraints referred to in Article 33.

Amendment 95

Proposal for a regulation

Article 52 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | increase the involvement of stakeholders in the implementation of rural development; |

Text proposed by the Commission

Amendment

(a)

increase the involvement of stakeholders in the implementation of rural development;

| (a) | increase the involvement of
  agricultural, forestry and other rural
  stakeholders in the implementation of rural development; |
| --- | --- |

(a)

increase the involvement of
  agricultural, forestry and other rural
  stakeholders in the implementation of rural development;

Amendment 96

Proposal for a regulation

Article 52 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The Commission shall
  , by means of implementing acts, set out
  the organisational structure and operation of the European network for rural development network.
  These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91. | 4.   The Commission shall
  be empowered to adopt delegated acts, in accordance with Article 90, concerning
  the organisational structure and operation of the European network for rural development. |

Text proposed by the Commission

Amendment

4.   The Commission shall
  , by means of implementing acts, set out
  the organisational structure and operation of the European network for rural development network.
  These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.

4.   The Commission shall
  be empowered to adopt delegated acts, in accordance with Article 90, concerning
  the organisational structure and operation of the European network for rural development.

Justification

This is not a purely technical decision.

Amendment 97

Proposal for a regulation

Article 53

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   A EIP network shall be put in place to support the EIP for agricultural
  productivity
  and sustainability referred to in Article 61, in accordance with Article 51(1). It shall enable the networking of operational groups, advisory services and researchers | 1.   A EIP network shall be put in place to support the EIP for agricultural
  production, economic viability
  and sustainability referred to in Article 61, in accordance with Article 51(1). It shall enable the networking of operational groups, advisory services and researchers |
| 2.   The tasks of the EIP network shall be to: | 2.   The tasks of the EIP network shall be to: |
| (a) | provide a help desk function and provide information to key actors concerning the EIP; |

Text proposed by the Commission

Amendment

1.   A EIP network shall be put in place to support the EIP for agricultural
  productivity
  and sustainability referred to in Article 61, in accordance with Article 51(1). It shall enable the networking of operational groups, advisory services and researchers

1.   A EIP network shall be put in place to support the EIP for agricultural
  production, economic viability
  and sustainability referred to in Article 61, in accordance with Article 51(1). It shall enable the networking of operational groups, advisory services and researchers

2.   The tasks of the EIP network shall be to:

2.   The tasks of the EIP network shall be to:

(a)

provide a help desk function and provide information to key actors concerning the EIP;

| (a) | provide a help desk function and provide information to key actors
  , particularly primary producers, those that supply them and those that they supply,
  concerning the EIP; |
| --- | --- |

(a)

provide a help desk function and provide information to key actors
  , particularly primary producers, those that supply them and those that they supply,
  concerning the EIP;

| (b) | animate discussions at the level of the programme in view of encouraging the setting up of operational groups; |
| --- | --- |

(b)

animate discussions at the level of the programme in view of encouraging the setting up of operational groups;

| (c) | screen and report on research results and knowledge relevant to the EIP; |
| --- | --- |

(c)

screen and report on research results and knowledge relevant to the EIP;

| (d) | collect, consolidate and disseminate
  good practice
  relevant to innovation; |
| --- | --- |

(d)

collect, consolidate and disseminate
  good practice
  relevant to innovation;

| (d) | collect, consolidate and disseminate
  research findings and new technologies
  relevant to innovation
  and knowledge exchange
  ; |
| --- | --- |

(d)

collect, consolidate and disseminate
  research findings and new technologies
  relevant to innovation
  and knowledge exchange
  ;

| (da) | establish a dialogue between farmers and the research community. |
| --- | --- |

(da)

establish a dialogue between farmers and the research community.

| (e) | organise conferences and workshops and disseminate information in the field of the EIP. |
| --- | --- |

(e)

organise conferences and workshops and disseminate information in the field of the EIP.

3.   The Commission shall
  , by means of implementing acts, set out
  the organisational structure and operation of the EIP network.
  These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.

3.   The Commission shall
  be empowered to adopt delegated acts, in accordance with Article 90, concerning
  the organisational structure and operation of the EIP network.

Amendment 98

Proposal for a regulation

Article 54 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The Commission shall
  , by means of implementing acts, set out
  the organisational structure and operation of the European evaluation network for rural development.
  These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91. | 3.   The Commission shall
  be empowered to adopt delegated acts, in accordance with Article 90, concerning
  the organisational structure and operation of the European evaluation network for rural development. |

Text proposed by the Commission

Amendment

3.   The Commission shall
  , by means of implementing acts, set out
  the organisational structure and operation of the European evaluation network for rural development.
  These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.

3.   The Commission shall
  be empowered to adopt delegated acts, in accordance with Article 90, concerning
  the organisational structure and operation of the European evaluation network for rural development.

Justification

This is not a purely technical decision.

Amendment 99

Proposal for a regulation

Article 55 — paragraph 2 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | inform the broader public and potential beneficiaries on rural development policy; |

Text proposed by the Commission

Amendment

(c)

inform the broader public and potential beneficiaries on rural development policy;

| (c) | inform the broader public and potential beneficiaries on rural development policy
  and funding opportunities
  ; |
| --- | --- |

(c)

inform the broader public and potential beneficiaries on rural development policy
  and funding opportunities
  ;

Amendment 100

Proposal for a regulation

Article 55 — paragraph 2 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| d) | foster innovation in agriculture |

Text proposed by the Commission

Amendment

d)

foster innovation in agriculture

| (d) | foster innovation in agriculture
  and forestry
  . |
| --- | --- |

(d)

foster innovation in agriculture
  and forestry
  .

Amendment 101

Proposal for a regulation

Article 55 — paragraph 3 — point b — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | for the preparation and implementation of an action plan
  containing at least
  the following: |

Text proposed by the Commission

Amendment

(b)

for the preparation and implementation of an action plan
  containing at least
  the following:

| (b) | for the preparation and implementation of an action plan
  which may contain
  the following: |
| --- | --- |

(b)

for the preparation and implementation of an action plan
  which may contain
  the following:

Amendment 102

Proposal for a regulation

Article 55 — paragraph 3 — point b — point iii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (iii) | support for monitoring, in particular through collection and sharing of relevant feed-back, recommendations and analysis notably from the Monitoring Committees referred to in Article 41 of Regulation (EU) No [CSF/2012]. Local action groups shall also be supported by the national rural network for the monitoring and evaluation of the local development strategies; |

Text proposed by the Commission

Amendment

(iii)

support for monitoring, in particular through collection and sharing of relevant feed-back, recommendations and analysis notably from the Monitoring Committees referred to in Article 41 of Regulation (EU) No [CSF/2012]. Local action groups shall also be supported by the national rural network for the monitoring and evaluation of the local development strategies;

deleted

Amendment 103

Proposal for a regulation

Article 55 — paragraph 3 — point b — point v

| Text proposed by the Commission | Amendment |
| --- | --- |
| (v) | collection of examples of projects covering all priorities of the rural development programmes; |

Text proposed by the Commission

Amendment

(v)

collection of examples of projects covering all priorities of the rural development programmes;

deleted

Amendment 104

Proposal for a regulation

Article 55 — paragraph 3 — point b — point vi

| Text proposed by the Commission | Amendment |
| --- | --- |
| (vi) | ongoing studies and analysis; |

Text proposed by the Commission

Amendment

(vi)

ongoing studies and analysis;

deleted

Amendment 105

Proposal for a regulation

Article 55 — paragraph 3 — point b — point vii

| Text proposed by the Commission | Amendment |
| --- | --- |
| (vii) | networking activities for local action groups and in particular technical assistance for inter-territorial and transnational co-operation, facilitation of co-operation among local action groups and the search of partners for the measure referred to in Article 36; |

Text proposed by the Commission

Amendment

(vii)

networking activities for local action groups and in particular technical assistance for inter-territorial and transnational co-operation, facilitation of co-operation among local action groups and the search of partners for the measure referred to in Article 36;

deleted

Amendment 106

Proposal for a regulation

Article 55 — paragraph 3 — point b — point vii a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (viia) | a plan to encourage local digital or physical ‘one-stop-shops’, digital or physical, to make information on rural development programmes and the other CSF Fund programmes locally accessible for potential beneficiaries. |

Text proposed by the Commission

Amendment

(viia)

a plan to encourage local digital or physical ‘one-stop-shops’, digital or physical, to make information on rural development programmes and the other CSF Fund programmes locally accessible for potential beneficiaries.

Amendment 107

Proposal for a regulation

Article 55 — paragraph 3 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| c) | the setting up of a pre-selection board of independent experts and the process of pre-selection of applications for the prize for innovative local co-operation referred to in Article 58(2). |

Text proposed by the Commission

Amendment

c)

the setting up of a pre-selection board of independent experts and the process of pre-selection of applications for the prize for innovative local co-operation referred to in Article 58(2).

deleted

Amendment 108

Proposal for a regulation

Article 55 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The Commission shall
  , by means of implementing acts, adopt rules for
  the establishment and operation of national rural networks.
  These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91. | 4.   The Commission shall
  be empowered to adopt delegated acts, in accordance with Article 90, concerning
  the establishment and operation of national rural networks. |

Text proposed by the Commission

Amendment

4.   The Commission shall
  , by means of implementing acts, adopt rules for
  the establishment and operation of national rural networks.
  These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.

4.   The Commission shall
  be empowered to adopt delegated acts, in accordance with Article 90, concerning
  the establishment and operation of national rural networks.

Justification

This is not a purely technical decision.

Amendment 109

Proposal for a regulation

Article 56

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 56 | deleted |
| Prize for innovative, local cooperation in rural areas | |
| The funds referred to in Article 51(2) shall be used for financing the award of a prize to cooperation projects involving at least two entities located in different Member States that realise an innovative, local concept. | |

Text proposed by the Commission

Amendment

Article 56

deleted

Prize for innovative, local cooperation in rural areas

The funds referred to in Article 51(2) shall be used for financing the award of a prize to cooperation projects involving at least two entities located in different Member States that realise an innovative, local concept.

Amendment 110

Proposal for a regulation

Article 57

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 57 | deleted |
| Call for proposals | |
| 1.
     
  Starting at the latest in 2015 and every year thereafter the Commission shall launch a call for proposals in view of awarding the prize referred to in Article 56. The last call for proposals shall be launched no later than in 2019. | |
| 2.
     
  The call for proposals shall indicate a theme for the proposals which shall be related to one of the Union priorities for rural development. The theme shall also be appropriate for implementation through cooperation at transnational level. | |
| 3.
     
  The call for proposals shall be open to both local action groups and individual entities cooperating for the purpose of the specific project. | |

Text proposed by the Commission

Amendment

Article 57

deleted

Call for proposals

1.
     
  Starting at the latest in 2015 and every year thereafter the Commission shall launch a call for proposals in view of awarding the prize referred to in Article 56. The last call for proposals shall be launched no later than in 2019.

2.
     
  The call for proposals shall indicate a theme for the proposals which shall be related to one of the Union priorities for rural development. The theme shall also be appropriate for implementation through cooperation at transnational level.

3.
     
  The call for proposals shall be open to both local action groups and individual entities cooperating for the purpose of the specific project.

Amendment 111

Proposal for a regulation

Article 58

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 58 | deleted |
| Selection procedure | |
| 1.
     
  Applications for the prize shall be submitted by applicants in all Member States to the respective national rural network, which will be responsible for pre-selecting applications. | |
| 2.
     
  National rural networks shall set up, from within their members, a pre-selection board of independent experts in order to pre-select applications. Pre-selection of applications shall be done on the basis of the exclusion, selection and award criteria defined in the call for proposals. Each National Rural Network shall pre-select no more than 10 applications and shall transmit them to the Commission. | |
| 3.
     
  The Commission shall be responsible for the selection of fifty winning projects among the applications pre-selected in all the Member States. The Commission shall set up an ad hoc steering group composed of independent experts. This steering group shall prepare the selection of the winning applications on the basis of the exclusion, selection and award criteria defined in the call for proposals. | |
| 4.
     
  The Commission shall, by means of an implementing act, decide on the list of projects to which the prize is awarded. | |

Text proposed by the Commission

Amendment

Article 58

deleted

Selection procedure

1.
     
  Applications for the prize shall be submitted by applicants in all Member States to the respective national rural network, which will be responsible for pre-selecting applications.

2.
     
  National rural networks shall set up, from within their members, a pre-selection board of independent experts in order to pre-select applications. Pre-selection of applications shall be done on the basis of the exclusion, selection and award criteria defined in the call for proposals. Each National Rural Network shall pre-select no more than 10 applications and shall transmit them to the Commission.

3.
     
  The Commission shall be responsible for the selection of fifty winning projects among the applications pre-selected in all the Member States. The Commission shall set up an ad hoc steering group composed of independent experts. This steering group shall prepare the selection of the winning applications on the basis of the exclusion, selection and award criteria defined in the call for proposals.

4.
     
  The Commission shall, by means of an implementing act, decide on the list of projects to which the prize is awarded.

Amendment 112

Proposal for a regulation

Article 59

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 59 | deleted |
| Financial Prize — conditions and payment | |
| 1.
     
  In order for projects to be eligible for the prize, the time required for their completion shall not exceed two years from the date of adoption of the implementing act awarding the prize. The time frame of realisation of the project shall be defined in the application. | |
| 2.
     
  The prize shall be granted in the form of a lump sum payment. The amount of the payment shall be determined by the Commission, by means of implementing acts, in line with criteria defined in the call for proposals and taking into account the estimated cost of realisation of the project indicated in the application. The maximum prize per project shall not exceed 100 000 euro. | |
| 3.
     
  Member States shall pay the award to winning applicants after verifying that the project has been completed. The relevant expenditure shall be reimbursed by the Union to Member States in accordance with the provisions of Section 4 of Chapter II of Title IV of Regulation (EU) No HR/2012. Member States may decide to pay fully or partly the sum of the prize to the winning applicants before having verified the completion of the project but they shall, in this case, bear the responsibility for the expenditure until the completion of the project is verified. | |

Text proposed by the Commission

Amendment

Article 59

deleted

Financial Prize — conditions and payment

1.
     
  In order for projects to be eligible for the prize, the time required for their completion shall not exceed two years from the date of adoption of the implementing act awarding the prize. The time frame of realisation of the project shall be defined in the application.

2.
     
  The prize shall be granted in the form of a lump sum payment. The amount of the payment shall be determined by the Commission, by means of implementing acts, in line with criteria defined in the call for proposals and taking into account the estimated cost of realisation of the project indicated in the application. The maximum prize per project shall not exceed 100 000 euro.

3.
     
  Member States shall pay the award to winning applicants after verifying that the project has been completed. The relevant expenditure shall be reimbursed by the Union to Member States in accordance with the provisions of Section 4 of Chapter II of Title IV of Regulation (EU) No HR/2012. Member States may decide to pay fully or partly the sum of the prize to the winning applicants before having verified the completion of the project but they shall, in this case, bear the responsibility for the expenditure until the completion of the project is verified.

Amendment 113

Proposal for a regulation

Article 60

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 60 | deleted |
| Rules on the procedure, timetables and setting up of the steering-group | |
| The Commission shall by means of implementing acts lay down detailed provisions on the procedure and timetables for the selection of projects and rules on the setting up of the steering group of independent experts referred to in Article 58(3). These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91. | |

Text proposed by the Commission

Amendment

Article 60

deleted

Rules on the procedure, timetables and setting up of the steering-group

The Commission shall by means of implementing acts lay down detailed provisions on the procedure and timetables for the selection of projects and rules on the setting up of the steering group of independent experts referred to in Article 58(3). These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 91.

Amendment 114

Proposal for a regulation

Title IV

| Text proposed by the Commission | Amendment |
| --- | --- |
| EIP for agricultural productivity and sustainibility | EIP for agricultural
  production, economic viability
  and sustainability |

Text proposed by the Commission

Amendment

EIP for agricultural productivity and sustainibility

EIP for agricultural
  production, economic viability
  and sustainability

Amendment 115

Proposal for a regulation

Article 61

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The EIP for agricultural
  productivity
  and sustainability shall: | 1.   The EIP for agricultural
  production, economic viability
  and sustainability shall: |
| (a) | promote a resource efficient, productive, low emission, climate friendly and resilient agricultural sector, working in harmony with the essential natural resources on which farming
  depends; |

Text proposed by the Commission

Amendment

1.   The EIP for agricultural
  productivity
  and sustainability shall:

1.   The EIP for agricultural
  production, economic viability
  and sustainability shall:

(a)

promote a resource efficient, productive, low emission, climate friendly and resilient agricultural sector, working in harmony with the essential natural resources on which farming
  depends;

| (a) | promote a resource efficient, productive,
  competitive
  low emission, climate friendly and resilient agricultural
  and forestry
  sector, working in harmony with the essential natural resources on which farming
  and forestry depend
  ; |
| --- | --- |

(a)

promote a resource efficient, productive,
  competitive
  low emission, climate friendly and resilient agricultural
  and forestry
  sector, working in harmony with the essential natural resources on which farming
  and forestry depend
  ;

| (b) | help deliver a steady supply of food, feed and biomaterials, both existing and new ones; |
| --- | --- |

(b)

help deliver a steady supply of food, feed and biomaterials, both existing and new ones;

| (b) | help
  to sustainably increase productivity of European agriculture and
  deliver a steady supply of food, feed and biomaterials, both existing and new ones; |
| --- | --- |

(b)

help
  to sustainably increase productivity of European agriculture and
  deliver a steady supply of food, feed and biomaterials, both existing and new ones;

| (c) | improve processes to preserve the environment, adapt to climate change and mitigate it; |
| --- | --- |

(c)

improve processes to preserve the environment, adapt to climate change and mitigate it;

| (c) | improve processes to preserve the environment,
  promote agro-ecological production systems
  adapt to climate change and mitigate it;
  and |
| --- | --- |

(c)

improve processes to preserve the environment,
  promote agro-ecological production systems
  adapt to climate change and mitigate it;
  and

| (d) | build bridges between cutting-edge research knowledge and technology and farmers, businesses and advisory services. |
| --- | --- |

(d)

build bridges between cutting-edge research knowledge and technology and farmers, businesses and advisory services.

| (d) | build bridges between cutting-edge research knowledge and technology and farmers,
  forest managers, rural communities
  , businesses
  , NGOs
  and advisory services. |
| --- | --- |

(d)

build bridges between cutting-edge research knowledge and technology and farmers,
  forest managers, rural communities
  , businesses
  , NGOs
  and advisory services.

| (da) | facilitate the exchange of research, knowledge and technology relevant for agricultural productivity and sustainability between the Union and developing countries, paying particular attention to the needs of smallholder farmers. |
| --- | --- |

(da)

facilitate the exchange of research, knowledge and technology relevant for agricultural productivity and sustainability between the Union and developing countries, paying particular attention to the needs of smallholder farmers.

2.   The EIP for agricultural
  productivity
  and sustainability shall seek to achieve its aims by:

2.   The EIP for agricultural
  production, economic viability
  and sustainability shall seek to achieve its aims by:

| (a) | creating added value by better linking research and farming practice and encouraging the wider use of available innovation measures; |
| --- | --- |

(a)

creating added value by better linking research and farming practice and encouraging the wider use of available innovation measures;

| (a) | creating added value by better linking research and farming practice and encouraging the wider use of available innovation measures
  through a participatory approach on the part of stakeholders
  ; |
| --- | --- |

(a)

creating added value by better linking research and farming practice and encouraging the wider use of available innovation measures
  through a participatory approach on the part of stakeholders
  ;

| (b) | promoting the faster and wider transposition of innovative solutions into practice;
  and |
| --- | --- |

(b)

promoting the faster and wider transposition of innovative solutions into practice;
  and

| (b) | promoting the faster and wider transposition of innovative solutions into practice; |
| --- | --- |

(b)

promoting the faster and wider transposition of innovative solutions into practice;

| (c) | informing the scientific community about the research needs of farming practice. |
| --- | --- |

(c)

informing the scientific community about the research needs of farming practice.

| (c) | informing the scientific community about the research needs of farming practice
  ; and |
| --- | --- |

(c)

informing the scientific community about the research needs of farming practice
  ; and

| (ca) | cooperating with relevant networks and institutions in developing countries. |
| --- | --- |

(ca)

cooperating with relevant networks and institutions in developing countries.

| (cb) | identifying regulatory bottlenecks impeding innovation and investment in research and development, in accordance with the principles established in the Commission Communications on ‘Better regulation for growth and jobs in the European Union’ and on ‘Smart regulation in the European Union’. |
| --- | --- |

(cb)

identifying regulatory bottlenecks impeding innovation and investment in research and development, in accordance with the principles established in the Commission Communications on ‘Better regulation for growth and jobs in the European Union’ and on ‘Smart regulation in the European Union’.

3.   The EAFRD shall contribute to the aims of the EIP for agricultural
  productivity
  and sustainability through support, in accordance with Article 36, of the EIP operational groups referred to in Article 62 and the EIP Network referred to in Article 53.

3.   The EAFRD shall contribute to the aims of the EIP for agricultural
  production, economic viability
  and sustainability through support, in accordance with Article 36, of the EIP operational groups referred to in Article 62 and the EIP Network referred to in Article 53.

Amendment 116

Proposal for a regulation

Article 62

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   EIP operational groups shall form part of the EIP for agricultural
  productivity
  and sustainability. They shall be set up by interested actors such as farmers, researchers, advisors and businesses involved in the agriculture and food sector. | 1.   EIP operational groups shall form part of the EIP for agricultural
  production, economic viability
  and sustainability. They shall be set up by interested actors such as farmers, researchers, advisors and businesses involved in the agriculture and food sector.
  The formation of an operational group shall be determined by a consensus on the part of stakeholders representing the broad spectrum of interests across the fields of agriculture rural development and research. Operational groups shall not be set up by a single stakeholder or by a group of stakeholders representing only one set of interests. Operational groups can operate within the borders of a Member State, have members in more than one Member State and in third countries. |
| 2.   EIP operational groups shall establish internal procedures that ensure transparency in their operation and avoid situations of conflict of interest. | 2.   EIP operational groups shall establish internal procedures that ensure transparency in their operation and avoid situations of conflict of interest. |

Text proposed by the Commission

Amendment

1.   EIP operational groups shall form part of the EIP for agricultural
  productivity
  and sustainability. They shall be set up by interested actors such as farmers, researchers, advisors and businesses involved in the agriculture and food sector.

1.   EIP operational groups shall form part of the EIP for agricultural
  production, economic viability
  and sustainability. They shall be set up by interested actors such as farmers, researchers, advisors and businesses involved in the agriculture and food sector.
  The formation of an operational group shall be determined by a consensus on the part of stakeholders representing the broad spectrum of interests across the fields of agriculture rural development and research. Operational groups shall not be set up by a single stakeholder or by a group of stakeholders representing only one set of interests. Operational groups can operate within the borders of a Member State, have members in more than one Member State and in third countries.

2.   EIP operational groups shall establish internal procedures that ensure transparency in their operation and avoid situations of conflict of interest.

2.   EIP operational groups shall establish internal procedures that ensure transparency in their operation and avoid situations of conflict of interest.

Amendment 117

Proposal for a regulation

Article 63

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   EIP operational groups shall draw up a plan that contains the following: | 1.   EIP operational groups shall draw up a plan that contains the following: |
| (a) | a description of the innovative project to be developed, tested, adapted or implemented; |

Text proposed by the Commission

Amendment

1.   EIP operational groups shall draw up a plan that contains the following:

1.   EIP operational groups shall draw up a plan that contains the following:

(a)

a description of the innovative project to be developed, tested, adapted or implemented;

| (a) | a description of the innovative project to be developed, tested, adapted or implemented; |
| --- | --- |

(a)

a description of the innovative project to be developed, tested, adapted or implemented;

| (b) | a description of the expected results and the contribution to the EIP objective of enhancing productivity and sustainable resource management. |
| --- | --- |

(b)

a description of the expected results and the contribution to the EIP objective of enhancing productivity and sustainable resource management.

| (b) | a description of the expected results and the contribution to the EIP objective of enhancing productivity and sustainable resource management. |
| --- | --- |

(b)

a description of the expected results and the contribution to the EIP objective of enhancing productivity and sustainable resource management.

2.   In implementing their innovative projects operational groups shall:

2.   In implementing their innovative projects operational groups shall:

| (a) | make decisions on the elaboration and implementation of innovative actions; and |
| --- | --- |

(a)

make decisions on the elaboration and implementation of innovative actions; and

| (a) | make decisions on the elaboration and implementation of innovative actions; and |
| --- | --- |

(a)

make decisions on the elaboration and implementation of innovative actions; and

| (b) | implement innovative actions through measures financed through the rural development programmes. |
| --- | --- |

(b)

implement innovative actions through measures financed through the rural development programmes.

| (b) | implement innovative actions through measures financed through the rural development programmes
  , or the Horizon 2020 and other Union research programmes, facilitating the application of research results in practice by farmers
  . |
| --- | --- |

(b)

implement innovative actions through measures financed through the rural development programmes
  , or the Horizon 2020 and other Union research programmes, facilitating the application of research results in practice by farmers
  .

3.   Operational groups shall disseminate the results of their project, in particular through the EIP network.

3.   Operational groups shall disseminate the results of their project, in particular through the EIP network.

Amendment 118

Proposal for a regulation

Article 64

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The total amount of Union support for rural development under this Regulation for the period from 1 January 2014 to 31 December 2020, its annual breakdown and the minimum amount to be concentrated in less developed regions shall be fixed by the European Parliament and the Council, on a proposal from the Commission in accordance with the multiannual financial framework for the years 2014 to 2020 and the Interinstitutional Agreement on cooperation in budgetary matters and on sound financial management for the same period. | 1.   The total amount of Union support for rural development under this Regulation for the period from 1 January 2014 to 31 December 2020, its annual breakdown and the minimum amount to be concentrated in less developed regions shall be fixed by the European Parliament and the Council, on a proposal from the Commission in accordance with the multiannual financial framework for the years 2014 to 2020 and the Interinstitutional Agreement on cooperation in budgetary matters and on sound financial management for the same period. |
| 2.   0,25 % of the resources referred to in paragraph 1 shall be devoted to technical assistance for the Commission as referred to in Article 51(1). | 2.   0,25 % of the resources referred to in paragraph 1 shall be devoted to technical assistance for the Commission as referred to in Article 51(1). |
| 3.   For the purpose of their programming and subsequent inclusion in the general budget of the Union, the amounts referred to in paragraph 1 shall be indexed at 2 % per year. | 3.   For the purpose of their programming and subsequent inclusion in the general budget of the Union, the amounts referred to in paragraph 1 shall be indexed at 2 % per year. |
| 4.   The
  Commission shall, by means of an implementing act, make an
  annual breakdown by Member State of the amounts referred to in paragraph 1, after deduction of the amount referred to in paragraph 2 and taking into account the transfer of funds referred to in Article 14(2) of Regulation (EU) No DP/2012.
  In making the annual breakdown the Commission shall take into account: | 4.   The annual breakdown by Member State of the amounts referred to in paragraph 1, after deduction of the amount referred to in paragraph 2 and taking into account the transfer of funds referred to in Article 14(2) of Regulation (EU) No .../2013 [DP]

  is set out in Annex Ia. |
| (a) | objective criteria linked to the objectives referred to in Article 4; and |

Text proposed by the Commission

Amendment

1.   The total amount of Union support for rural development under this Regulation for the period from 1 January 2014 to 31 December 2020, its annual breakdown and the minimum amount to be concentrated in less developed regions shall be fixed by the European Parliament and the Council, on a proposal from the Commission in accordance with the multiannual financial framework for the years 2014 to 2020 and the Interinstitutional Agreement on cooperation in budgetary matters and on sound financial management for the same period.

1.   The total amount of Union support for rural development under this Regulation for the period from 1 January 2014 to 31 December 2020, its annual breakdown and the minimum amount to be concentrated in less developed regions shall be fixed by the European Parliament and the Council, on a proposal from the Commission in accordance with the multiannual financial framework for the years 2014 to 2020 and the Interinstitutional Agreement on cooperation in budgetary matters and on sound financial management for the same period.

2.   0,25 % of the resources referred to in paragraph 1 shall be devoted to technical assistance for the Commission as referred to in Article 51(1).

2.   0,25 % of the resources referred to in paragraph 1 shall be devoted to technical assistance for the Commission as referred to in Article 51(1).

3.   For the purpose of their programming and subsequent inclusion in the general budget of the Union, the amounts referred to in paragraph 1 shall be indexed at 2 % per year.

3.   For the purpose of their programming and subsequent inclusion in the general budget of the Union, the amounts referred to in paragraph 1 shall be indexed at 2 % per year.

4.   The
  Commission shall, by means of an implementing act, make an
  annual breakdown by Member State of the amounts referred to in paragraph 1, after deduction of the amount referred to in paragraph 2 and taking into account the transfer of funds referred to in Article 14(2) of Regulation (EU) No DP/2012.
  In making the annual breakdown the Commission shall take into account:

4.   The annual breakdown by Member State of the amounts referred to in paragraph 1, after deduction of the amount referred to in paragraph 2 and taking into account the transfer of funds referred to in Article 14(2) of Regulation (EU) No .../2013 [DP]

  is set out in Annex Ia.

(a)

objective criteria linked to the objectives referred to in Article 4; and

| (b) | past performance. |
| --- | --- |

(b)

past performance.

4a.
     
  The Commission shall be empowered to adopt delegated acts, in accordance with Article 90, modifying, where necessary, Annex Ia in order to include the funds transferred to the EAFRD pursuant to Article 7(2) and Article 14 of Regulation (EU) No .../2013 [DP].

5.
     
  In addition to the amounts referred to in paragraph 4, the implementing act referred to in the same paragraph shall also include the funds transferred to the EAFRD in application of Articles 7(2) and 14(1) of Regulation (EU No DP/2012 and the funds transferred to the EAFRD in application of Articles 10b and 136 of Council Regulation (EC) No 73/2009 in respect of calendar year 2013.

6.   
  For the purposes of the allocation of the performance reserve referred to in Article 20(2) of Regulation (EU) No [CSF/2012], available assigned revenue collected in accordance with Article 45 of Regulation (EU) No HR/2012 for the EAFRD shall be added to the amounts referred to in Article 18 of Regulation (EU) No [CSF/2012]. It
  shall be allocated to Member States proportionally to their share of the total amount of support from the EAFRD.

6.   
  The available assigned revenue collected in accordance with Article 45 of Regulation (EU) No .../2013 [HR] for the EAFRD
  shall be allocated to Member States proportionally to their share of the total amount of support from the EAFRD.

(Commission text in paragraph 5 of Article 64 replaced with text from COM(2012)0553))

Amendment 119

Proposal for a regulation

Article 65

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The decision approving a rural development programme shall set the maximum contribution from the EAFRD to the programme. The decision shall clearly identify, where necessary, the appropriations allocated to the less developed regions. | 1.   The decision approving a rural development programme shall set the maximum contribution from the EAFRD to the programme. The decision shall clearly identify, where necessary, the appropriations allocated to the less developed regions. |
| 2.   The EAFRD contribution shall be calculated on the basis of the amount of eligible public expenditure. | 2.   The EAFRD contribution shall be calculated on the basis of the amount of eligible public expenditure. |
| 3.   The rural development programmes shall establish a single EAFRD contribution rate applicable to all measures. Where applicable, a separate EAFRD contribution rate shall be established for less developed regions, and for outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93. The maximum EAFRD contribution rate shall be: | 3.   The rural development programmes shall establish a single EAFRD contribution rate applicable to all measures. Where applicable, a separate EAFRD contribution rate shall be established for less developed regions, and for outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93. The maximum EAFRD contribution rate shall be: |
| (a) | 85 % of the eligible public expenditure in the less developed regions, the outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93; |

Text proposed by the Commission

Amendment

1.   The decision approving a rural development programme shall set the maximum contribution from the EAFRD to the programme. The decision shall clearly identify, where necessary, the appropriations allocated to the less developed regions.

1.   The decision approving a rural development programme shall set the maximum contribution from the EAFRD to the programme. The decision shall clearly identify, where necessary, the appropriations allocated to the less developed regions.

2.   The EAFRD contribution shall be calculated on the basis of the amount of eligible public expenditure.

2.   The EAFRD contribution shall be calculated on the basis of the amount of eligible public expenditure.

3.   The rural development programmes shall establish a single EAFRD contribution rate applicable to all measures. Where applicable, a separate EAFRD contribution rate shall be established for less developed regions, and for outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93. The maximum EAFRD contribution rate shall be:

3.   The rural development programmes shall establish a single EAFRD contribution rate applicable to all measures. Where applicable, a separate EAFRD contribution rate shall be established for less developed regions, and for outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93. The maximum EAFRD contribution rate shall be:

(a)

85 % of the eligible public expenditure in the less developed regions, the outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93;

| (a) | 85 % of the eligible public expenditure in the less developed regions, the outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93; |
| --- | --- |

(a)

85 % of the eligible public expenditure in the less developed regions, the outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93;

| (b) | 50 % of the eligible public expenditure in the other regions. |
| --- | --- |

(b)

50 % of the eligible public expenditure in the other regions.

| (b) | 50 % of the eligible public expenditure in the other regions. |
| --- | --- |

(b)

50 % of the eligible public expenditure in the other regions.

The minimum EAFRD contribution rate shall be 20 %.

The minimum EAFRD contribution rate shall be 20 %.

4.   By way of derogation from paragraph 3, the maximum EAFRD contribution shall be:

4.   By way of derogation from paragraph 3, the maximum EAFRD contribution shall be:

| (a) | 80 % for the measures referred to in Articles 15, 28 and 36, for the LEADER local development referred to in Article 28 of Regulation (EU) No [CSF/2012] and for operations under Article 20(1)(a)(i). It may be increased to 90 % for the programmes of less developed regions, the outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93; |
| --- | --- |

(a)

80 % for the measures referred to in Articles 15, 28 and 36, for the LEADER local development referred to in Article 28 of Regulation (EU) No [CSF/2012] and for operations under Article 20(1)(a)(i). It may be increased to 90 % for the programmes of less developed regions, the outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93;

| (a) | 80 % for the measures referred to in Articles 15, 28 and 36, for the LEADER local development referred to in Article 28 of Regulation (EU) No .../2013 [CSF] and for operations under Article 20(1)(a)(i). It may be increased to 90 % for the programmes of less developed regions, the outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93; |
| --- | --- |

(a)

80 % for the measures referred to in Articles 15, 28 and 36, for the LEADER local development referred to in Article 28 of Regulation (EU) No .../2013 [CSF] and for operations under Article 20(1)(a)(i). It may be increased to 90 % for the programmes of less developed regions, the outermost regions and the smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93;

| (b) | 100 % for operations receiving funding under Article 66. |
| --- | --- |

(b)

100 % for operations receiving funding under Article 66.

| (c) | 55 % for the agri-environment-climate measures referred to in Article 29. It may be increased to 90 % for the programmes of less developed regions, outermost regions and smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93. |
| --- | --- |

(c)

55 % for the agri-environment-climate measures referred to in Article 29. It may be increased to 90 % for the programmes of less developed regions, outermost regions and smaller Aegean islands within the meaning of Regulation (EEC) No 2019/93.

By way of derogation from paragraph 3 (b), in order to ensure coherence with the level of co-financing rates of other CSF-Funds in transition regions, Member States may increase the maximum EAFRD contribution for measures run under the multi-funds approach in programmes implemented in transition regions as defined in Article 82(2) of Regulation (EU) No .../2013 [CSF].

By way of derogation from paragraph 3, the funds transferred to the EAFRD in application of Article 14 of Regulation (EU) No .../2013 [DP] may be subject to a 95 % EAFRD contribution rate if a Member State fulfils one of the following conditions:

| (i) | Union financial assistance is made available to it under Council Regulation (EU) No 407/2010 of 11 May 2010 establishing a European financial stabilisation mechanism

   (4)

  ; |
| --- | --- |

(i)

Union financial assistance is made available to it under Council Regulation (EU) No 407/2010 of 11 May 2010 establishing a European financial stabilisation mechanism

   (4)

  ;

| (ii) | medium-term financial assistance is made available to it in accordance with Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments

   (5)

  ; or |
| --- | --- |

(ii)

medium-term financial assistance is made available to it in accordance with Council Regulation (EC) No 332/2002 of 18 February 2002 establishing a facility providing medium-term financial assistance for Member States' balances of payments

   (5)

  ; or

| (iii) | financial assistance in the form of an ESM loan is made available to it in accordance with the Treaty establishing the European Stability Mechanism. |
| --- | --- |

(iii)

financial assistance in the form of an ESM loan is made available to it in accordance with the Treaty establishing the European Stability Mechanism.

4a.
     
  The funds derived from the application of Article 14(1a) of Regulation (EU) No .../2013 [DP] shall be reserved for measures under Article 29.

5.   At least 5 %, and in the case of Croatia 2,5 %, of the total EAFRD contribution to the rural development programme shall be reserved for Leader.

5.   At least 5 %, and in the case of Croatia 2,5 %, of the total EAFRD contribution to the rural development programme shall be reserved for Leader.

5a.
     
  At least 25 % of the total EAFRD contribution to the rural development programme shall be reserved for measures under Articles 29 and 30.

6.   An expenditure co-financed by the EAFRD shall not be co-financed by way of a contribution from the Structural Funds, the Cohesion Fund or any other Union financial instrument.

6.   An expenditure co-financed by the EAFRD shall not be co-financed by way of a contribution from the Structural Funds, the Cohesion Fund or any other Union financial instrument.
  This shall not restrict or prevent programming that combines, in a coherent, integrated way, the support by different CSF funds which may be necessary to achieve the thematic objectives in Article 9 of Regulation (EU) No .../2013 [CSF].

6a.
     
  The national contribution to the eligible public expenditure may be replaced by non-commercial private contributions.

7.   Public expenditure on aid to enterprises shall comply with the aid limits laid down in respect of State aid, unless this Regulation provides otherwise.

7.   Public expenditure on aid to enterprises shall comply with the aid limits laid down in respect of state aid, unless this Regulation provides otherwise.

(Commission text in paragraph 5 of Article 65 replaced with text from COM(2012)0553))

Amendment 120

Proposal for a regulation

Article 66

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 66 | deleted |
| Funding for operations with a significant contribution to innovation | |
| The funds transferred to the EAFRD in application of Article 7(2) of Regulation (EU) No DP/2012 shall be reserved for operations which provide a significant contribution to innovation relevant to agricultural productivity and sustainability, including climate mitigation or adaptation. | |

Text proposed by the Commission

Amendment

Article 66

deleted

Funding for operations with a significant contribution to innovation

The funds transferred to the EAFRD in application of Article 7(2) of Regulation (EU) No DP/2012 shall be reserved for operations which provide a significant contribution to innovation relevant to agricultural productivity and sustainability, including climate mitigation or adaptation.

Amendment 121

Proposal for a regulation

Article 67 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Expenditure shall be eligible for an EAFRD contribution only where incurred for operations decided upon by the Managing Authority of the programme in question or under its responsibility, in accordance with selection criteria referred to in Article 49. | 2.   Expenditure shall be eligible for an EAFRD contribution only where incurred for operations decided upon by the Managing Authority of the programme in question or under its responsibility, in accordance with selection criteria referred to in Article 49
  , with the exception of proposals presented during the transition period between the two programmes, to avoid any hiatus likely to obstruct investment
  . |

Text proposed by the Commission

Amendment

2.   Expenditure shall be eligible for an EAFRD contribution only where incurred for operations decided upon by the Managing Authority of the programme in question or under its responsibility, in accordance with selection criteria referred to in Article 49.

2.   Expenditure shall be eligible for an EAFRD contribution only where incurred for operations decided upon by the Managing Authority of the programme in question or under its responsibility, in accordance with selection criteria referred to in Article 49
  , with the exception of proposals presented during the transition period between the two programmes, to avoid any hiatus likely to obstruct investment
  .

Amendment 181

Proposal for a regulation

Article 67 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Concerning expenditure, VAT amounts shall be eligible where they are not recoverable under national VAT legislation. |

Text proposed by the Commission

Amendment

4a.
     
  Concerning expenditure, VAT amounts shall be eligible where they are not recoverable under national VAT legislation.

Amendment 122

Proposal for a regulation

Article 69 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where aid is granted on the basis of standard costs or additional costs and income foregone, Member States shall ensure that the relevant calculations are adequate and accurate and established in advance on the basis of a fair, equitable and verifiable calculation. To this end, a body that is independent from the authorities responsible for the calculations and possesses the appropriate expertise shall provide a certificate confirming the adequacy and accuracy of the calculations. That certificate shall be included in the rural development programme. | 2.   Where aid is granted on the basis of standard costs or additional costs and income foregone, Member States shall ensure that the relevant calculations are adequate and accurate and established in advance on the basis of a fair, equitable and verifiable calculation. To this end, a body that is independent from the authorities responsible for the calculations and possesses the appropriate expertise shall provide a certificate confirming the adequacy and accuracy of the calculations. That certificate shall be included in the rural development programme.
  The Commission shall ensure, before approving programmes, that all relevant elements are included in the calculations, that the main assumptions are reasonable and that the main parameters are appropriate. |

Text proposed by the Commission

Amendment

2.   Where aid is granted on the basis of standard costs or additional costs and income foregone, Member States shall ensure that the relevant calculations are adequate and accurate and established in advance on the basis of a fair, equitable and verifiable calculation. To this end, a body that is independent from the authorities responsible for the calculations and possesses the appropriate expertise shall provide a certificate confirming the adequacy and accuracy of the calculations. That certificate shall be included in the rural development programme.

2.   Where aid is granted on the basis of standard costs or additional costs and income foregone, Member States shall ensure that the relevant calculations are adequate and accurate and established in advance on the basis of a fair, equitable and verifiable calculation. To this end, a body that is independent from the authorities responsible for the calculations and possesses the appropriate expertise shall provide a certificate confirming the adequacy and accuracy of the calculations. That certificate shall be included in the rural development programme.
  The Commission shall ensure, before approving programmes, that all relevant elements are included in the calculations, that the main assumptions are reasonable and that the main parameters are appropriate.

Justification

This modification reflects the problems identified by the Court as regards problems in the establishment of aid amounts (see paragraph 97 in Special Report 7/2011).

Amendment 183

Proposal for a regulation

Article 70 — paragraph - 1 (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | -1.
     
  Beneficiaries of support, including local action groups, may request the payment of an advance of up to 50 % of public support if that option is included in the rural development programme. |

Text proposed by the Commission

Amendment

-1.
     
  Beneficiaries of support, including local action groups, may request the payment of an advance of up to 50 % of public support if that option is included in the rural development programme.

Amendment 123

Proposal for a regulation

Article 73 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | providing the Commission, on
  a


  quarterly
  basis, with relevant indicator data on operations selected for funding, including
  key characteristics of the beneficiary as well as the project
  ; |

Text proposed by the Commission

Amendment

(b)

providing the Commission, on
  a


  quarterly
  basis, with relevant indicator data on operations selected for funding, including
  key characteristics of the beneficiary as well as the project
  ;

| (b) | providing the Commission, on
  an annual
  basis, with relevant indicator data on operations selected for funding, including
  information about output indicators and financial indicators
  ; |
| --- | --- |

(b)

providing the Commission, on
  an annual
  basis, with relevant indicator data on operations selected for funding, including
  information about output indicators and financial indicators
  ;

Justification

A quarterly report leads to an enormous increase of administration, which disagrees with all efforts to simplify.

Amendment 124

Proposal for a regulation

Article 73 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 3a.
     
  Where a Member State has more than one programme, a coordinating body may be designated with the purpose of at least ensuringconsistency in the management of the funds and of providinge a link between the Commission and the national management authorities. |

Text proposed by the Commission

Amendment

3a.
     
  Where a Member State has more than one programme, a coordinating body may be designated with the purpose of at least ensuringconsistency in the management of the funds and of providinge a link between the Commission and the national management authorities.

Justification

As proposed in recital 5 of Regulation 1290/2005 on the financing of the common agricultural policy, it is important to recognise the need for a body coordinating the paying agencies.

Amendment 125

Proposal for a regulation

Article 75 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | to
  demonstrate
  the progress and achievements of rural development policy and assess the impact, effectiveness, efficiency and relevance of rural development policy interventions; |

Text proposed by the Commission

Amendment

(a)

to
  demonstrate
  the progress and achievements of rural development policy and assess the impact, effectiveness, efficiency and relevance of rural development policy interventions;

| (a) | to
  evaluate critically and objectively
  the progress and achievements of rural development policy and assess the impact, effectiveness, efficiency and relevance of rural development policy interventions; |
| --- | --- |

(a)

to
  evaluate critically and objectively
  the progress and achievements of rural development policy and assess the impact, effectiveness, efficiency and relevance of rural development policy interventions;

Justification

The original wording is too prescriptive.

Amendment 126

Proposal for a regulation

Article 76 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   A list of common indicators relating to the initial situation as well as to the financial execution, outputs, results
  and impact
  of the programme and applicable to each programme shall be specified in the monitoring and evaluation system provided for in Article 74 to allow for aggregation of data at Union level. | 1.   A list of common indicators relating to the initial situation as well as to the financial execution, outputs
  and
  results of the programme and applicable to each programme shall be specified in the monitoring and evaluation system provided for in Article 74 to allow for aggregation of data at Union level. |

Text proposed by the Commission

Amendment

1.   A list of common indicators relating to the initial situation as well as to the financial execution, outputs, results
  and impact
  of the programme and applicable to each programme shall be specified in the monitoring and evaluation system provided for in Article 74 to allow for aggregation of data at Union level.

1.   A list of common indicators relating to the initial situation as well as to the financial execution, outputs
  and
  results of the programme and applicable to each programme shall be specified in the monitoring and evaluation system provided for in Article 74 to allow for aggregation of data at Union level.

Amendment 127

Proposal for a regulation

Article 78 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Beneficiaries of support under rural development measures and local action groups shall undertake to provide to the Managing Authority and/or to appointed evaluators or other bodies delegated to perform functions on its behalf, all the information necessary to permit monitoring and evaluation of the programme, in particular in relation to meeting specified objectives and priorities. | Beneficiaries of support under rural development measures and local action groups shall undertake to provide to the Managing Authority and/or to appointed evaluators or other bodies delegated to perform functions on its behalf, all the information necessary to permit monitoring and evaluation of the programme, in particular in relation to meeting specified objectives and priorities
  , ensuring that the rights to confidentiality and to the protection of personal data enshrined in national and Union law are respected
  . |

Text proposed by the Commission

Amendment

Beneficiaries of support under rural development measures and local action groups shall undertake to provide to the Managing Authority and/or to appointed evaluators or other bodies delegated to perform functions on its behalf, all the information necessary to permit monitoring and evaluation of the programme, in particular in relation to meeting specified objectives and priorities.

Beneficiaries of support under rural development measures and local action groups shall undertake to provide to the Managing Authority and/or to appointed evaluators or other bodies delegated to perform functions on its behalf, all the information necessary to permit monitoring and evaluation of the programme, in particular in relation to meeting specified objectives and priorities
  , ensuring that the rights to confidentiality and to the protection of personal data enshrined in national and Union law are respected
  .

Amendment 128

Proposal for a regulation

Article 81 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | shall examine the
  activities and outputs related to the
  evaluation plan
  of
  the
  programme; |

Text proposed by the Commission

Amendment

(b)

shall examine the
  activities and outputs related to the
  evaluation plan
  of
  the
  programme;

| (b) | shall examine the evaluation plan
  presented by
  the
  Managing Authority and progress in its implementation. |
| --- | --- |

(b)

shall examine the evaluation plan
  presented by
  the
  Managing Authority and progress in its implementation.

Amendment 129

Proposal for a regulation

Article 82 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   By
  31 May
  2016 and by
  31 May
  each subsequent year until and including
  2023
  , the Member State shall submit to the Commission an annual implementation report on implementation of the rural development programme in the previous calendar year. The report submitted in 2016 shall cover the calendar years 2014 and 2015. | 1.   By
  30 June
  2016 and by
  30 June
  each subsequent year until and including
  2022
  , the Member State shall submit to the Commission an annual implementation report on implementation of the rural development programme in the previous calendar year. The
  final implementation
  report
  shall be submitted by the Member Stateby 31 December 2023. The report
  submitted in 2016 shall cover the calendar years 2014 and 2015 |

Text proposed by the Commission

Amendment

1.   By
  31 May
  2016 and by
  31 May
  each subsequent year until and including
  2023
  , the Member State shall submit to the Commission an annual implementation report on implementation of the rural development programme in the previous calendar year. The report submitted in 2016 shall cover the calendar years 2014 and 2015.

1.   By
  30 June
  2016 and by
  30 June
  each subsequent year until and including
  2022
  , the Member State shall submit to the Commission an annual implementation report on implementation of the rural development programme in the previous calendar year. The
  final implementation
  report
  shall be submitted by the Member Stateby 31 December 2023. The report
  submitted in 2016 shall cover the calendar years 2014 and 2015

Amendment 130

Proposal for a regulation

Article 85

| Text proposed by the Commission | Amendment |
| --- | --- |
| In 2023, an ex post evaluation report shall be prepared by the Member States for each of their rural development programmes. This report shall be
  submitted to the Commission
  by 31 December 2023 at the latest. | In 2023, an ex post evaluation report shall be prepared by the Member States for each of their rural development programmes. This report shall be
  completed
  by 31 December 2023 at the latest. |

Text proposed by the Commission

Amendment

In 2023, an ex post evaluation report shall be prepared by the Member States for each of their rural development programmes. This report shall be
  submitted to the Commission
  by 31 December 2023 at the latest.

In 2023, an ex post evaluation report shall be prepared by the Member States for each of their rural development programmes. This report shall be
  completed
  by 31 December 2023 at the latest.

Amendment 131

Proposal for a regulation

Article 88 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Where Articles 107, 108 and 109 TFEU are applicable, the Commission shall be empowered to adopt delegated acts, in accordance with Article 90, concerning provisions for exempting from state aid rules all measures pursuant to this Regulation that do not fall within the scope of Article 42 TFEU. |

Text proposed by the Commission

Amendment

2a.
     
  Where Articles 107, 108 and 109 TFEU are applicable, the Commission shall be empowered to adopt delegated acts, in accordance with Article 90, concerning provisions for exempting from state aid rules all measures pursuant to this Regulation that do not fall within the scope of Article 42 TFEU.

Amendment 132

Proposal for a regulation

Article 89 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Additional national financing | Additional national financing
  and aid that does not fall within the scope of Article 42 TFEU |

Text proposed by the Commission

Amendment

Additional national financing

Additional national financing
  and aid that does not fall within the scope of Article 42 TFEU

Amendment 133

Proposal for a regulation

Article 89 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Payments made by the Member States in relation to operations falling within the scope of Article 42 of the Treaty and intended to provide additional financing for rural development for which Union support is granted, shall be notified by Member States and approved by the Commission in accordance with this Regulation as part of the programming referred to in Article 7. When assessing these payments, the Commission shall apply, by way of analogy, the criteria established for the application of Article 107 of the Treaty. The Member State concerned shall not put its proposed additional financing for rural development into effect until it has been approved. | Payments made by the Member States in relation to operations falling within the scope of Article 42 TFEUand intended to provide additional financing for rural development for which Union support is granted,
  and payments made by the Member States in relation to operations which do not fall within the scope of Article 42 TFEU,
  shall be notified by Member States and approved by the Commission in accordance with this Regulation as part of the programming referred to in Article 7. When assessing these payments, the Commission shall apply, by way of analogy, the criteria established for the application of Article 107 TFEU. The Member State concerned shall not put its proposed additional financing for rural development into effect until it has been approved. |

Text proposed by the Commission

Amendment

Payments made by the Member States in relation to operations falling within the scope of Article 42 of the Treaty and intended to provide additional financing for rural development for which Union support is granted, shall be notified by Member States and approved by the Commission in accordance with this Regulation as part of the programming referred to in Article 7. When assessing these payments, the Commission shall apply, by way of analogy, the criteria established for the application of Article 107 of the Treaty. The Member State concerned shall not put its proposed additional financing for rural development into effect until it has been approved.

Payments made by the Member States in relation to operations falling within the scope of Article 42 TFEUand intended to provide additional financing for rural development for which Union support is granted,
  and payments made by the Member States in relation to operations which do not fall within the scope of Article 42 TFEU,
  shall be notified by Member States and approved by the Commission in accordance with this Regulation as part of the programming referred to in Article 7. When assessing these payments, the Commission shall apply, by way of analogy, the criteria established for the application of Article 107 TFEU. The Member State concerned shall not put its proposed additional financing for rural development into effect until it has been approved.

Amendment 134

Proposal for a regulation

Article 90 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The power to adopt delegated acts referred to in this Regulation shall be conferred on the Commission for
  an indeterminate
  period of
  time from the date of
  entry into force of this Regulation. | 2.   The power to adopt delegated acts referred to in this Regulation shall be conferred on the Commission for
  a
  period of
  five years from the
  entry into force of this Regulation.
  The Commission shall draw up a report in respect of the delegation of power no 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. |

Text proposed by the Commission

Amendment

2.   The power to adopt delegated acts referred to in this Regulation shall be conferred on the Commission for
  an indeterminate
  period of
  time from the date of
  entry into force of this Regulation.

2.   The power to adopt delegated acts referred to in this Regulation shall be conferred on the Commission for
  a
  period of
  five years from the
  entry into force of this Regulation.
  The Commission shall draw up a report in respect of the delegation of power no 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.

Justification

The European Parliament should actively confirm the delegation of powers to the Commission and, in case of doubt, should not have to fight to reclaim its own legislative rights.

Amendment 135

Proposal for a regulation

ANNEX I — Article 18(3)

Text proposed by the Commission

| 18(3) | Investment in physical assets | | Agricultural sector |
| --- | --- | --- | --- |
| | | 50 % | Of the amount of eligible investment in less developed regions |
| | | 75 % | Of the amount of eligible investment in outermost regions |
| | | 65 % | Of the amount of eligible investment in the smaller Aegean islands |
| | | 40 % | Of the amount of eligible investment in other regions |
| | | | The above rates may be increased by 20 %, provided that maximum combined support does not exceed 90 %, for: |
| | | | — | Young farmers setting up |

18(3)

Investment in physical assets

Agricultural sector

50 %

Of the amount of eligible investment in less developed regions

75 %

Of the amount of eligible investment in outermost regions

65 %

Of the amount of eligible investment in the smaller Aegean islands

40 %

Of the amount of eligible investment in other regions

The above rates may be increased by 20 %, provided that maximum combined support does not exceed 90 %, for:

—

Young farmers setting up

| — | Collective investments and integrated projects |
| --- | --- |

—

Collective investments and integrated projects

| — | Areas facing natural constraints as referred to in Article 33. |
| --- | --- |

—

Areas facing natural constraints as referred to in Article 33.

| — | Operations supported in the framework of the EIP |
| --- | --- |

—

Operations supported in the framework of the EIP

Processing and marketing of Annex I products

50 %

Of the amount of eligible investment in less developed regions

75 %

Of the amount of eligible investment in outermost regions

65 %

Of the amount of eligible investment in the smaller Aegean islands

40 %

Of the amount of eligible investment in other regions

The above rates may be increased by 20 %, provided that maximum combined support does not exceed 90 %, for operations supported in the framework of the EIP

Amendment

| 18(3) | Investment in physical assets | | Agricultural sector |
| --- | --- | --- | --- |
| | | 50 % | Of the amount of eligible investment in less developed regions |
| | | 75 % | Of the amount of eligible investment in outermost regions |
| | | 75 % | Of the amount of eligible investment in the smaller Aegean islands |
| | | 40 % | Of the amount of eligible investment in other regions |
| | | | The above rates may be increased by 20 %, provided that maximum combined support does not exceed 90 %, for: |
| | | | — | Young farmers setting up |

18(3)

Investment in physical assets

Agricultural sector

50 %

Of the amount of eligible investment in less developed regions

75 %

Of the amount of eligible investment in outermost regions

75 %

Of the amount of eligible investment in the smaller Aegean islands

40 %

Of the amount of eligible investment in other regions

The above rates may be increased by 20 %, provided that maximum combined support does not exceed 90 %, for:

—

Young farmers setting up

| — | Collective investments and integrated projects |
| --- | --- |

—

Collective investments and integrated projects

| — | Areas facing natural constraints as referred to in Article 33. |
| --- | --- |

—

Areas facing natural constraints as referred to in Article 33.

| — | Operations supported in the framework of the EIP |
| --- | --- |

—

Operations supported in the framework of the EIP

| — | Organic farmers |
| --- | --- |

—

Organic farmers

| — | measures to fulfil Natura 2000 and the Water Framework Directive |
| --- | --- |

—

measures to fulfil Natura 2000 and the Water Framework Directive

| — | Agri-environmental schemes |
| --- | --- |

—

Agri-environmental schemes

Processing and marketing of Annex I products

50 %

Of the amount of eligible investment in less developed regions

75 %

Of the amount of eligible investment in outermost regions

75 %

Of the amount of eligible investment in the smaller Aegean islands

40 %

Of the amount of eligible investment in other regions

The above rates may be increased by 20 %, provided that maximum combined support does not exceed 90 %, for operations supported in the framework of the EIP
  and in collective investments and integrated projects

Amendment 136

Proposal for a regulation

ANNEX I — Article 24(3)

Text proposed by the Commission

| 24(3) | Establishment of agro-forestry systems | 80 % | Of the amount of eligible investment for the establishment of agro-forestry systems |
| --- | --- | --- | --- |

24(3)

Establishment of agro-forestry systems

80 %

Of the amount of eligible investment for the establishment of agro-forestry systems

Amendment

| 24(3) | Establishment of agro-forestry systems | 100 % | Of the amount of eligible investment for the establishment of agro-forestry systems |
| --- | --- | --- | --- |

24(3)

Establishment of agro-forestry systems

100 %

Of the amount of eligible investment for the establishment of agro-forestry systems

Amendment 137

Proposal for a regulation

ANNEX I — Article 27(5)

Text proposed by the Commission

| 27(5) | Investments in new forestry technologies and in processing and marketing of forestry products | 50 % | Of the amount of eligible investment in less developed regions |
| --- | --- | --- | --- |
| | | 75 % | Of the amount of eligible investment in outermost regions |
| | | 65 % | Of the amount of eligible investment in the smaller Aegean islands |
| | | 40 % | Of the amount of eligible investment in other regions |

27(5)

Investments in new forestry technologies and in processing and marketing of forestry products

50 %

Of the amount of eligible investment in less developed regions

75 %

Of the amount of eligible investment in outermost regions

65 %

Of the amount of eligible investment in the smaller Aegean islands

40 %

Of the amount of eligible investment in other regions

Amendment

| 27(5) | Investments in new forestry technologies and in processing and marketing of forestry products | 50 % | Of the amount of eligible investment in less developed regions |
| --- | --- | --- | --- |
| | | 75 % | Of the amount of eligible investment in outermost regions |
| | | 75 % | Of the amount of eligible investment in the smaller Aegean islands |
| | | 40 % | Of the amount of eligible investment in other regions |

27(5)

Investments in new forestry technologies and in processing and marketing of forestry products

50 %

Of the amount of eligible investment in less developed regions

75 %

Of the amount of eligible investment in outermost regions

75 %

Of the amount of eligible investment in the smaller Aegean islands

40 %

Of the amount of eligible investment in other regions

Amendment 138

Proposal for a regulation

ANNEX I — Article 32(3)

Text proposed by the Commission

| Art. 32(3) | Payments to areas facing natural or other specific constraints | 25 | Minimum per ha per year |
| --- | --- | --- | --- |
| | | 250(*) | Maximum per ha per year |
| | | 300
  (*) | Maximum per ha per year in mountain areas as defined in Article 46(2) |

Art. 32(3)

Payments to areas facing natural or other specific constraints

25

Minimum per ha per year

250(*)

Maximum per ha per year

300
  (*)

Maximum per ha per year in mountain areas as defined in Article 46(2)

Amendment

| Art. 32(3) | Payments to areas facing natural or other specific constraints | 25 | Minimum per ha per year |
| --- | --- | --- | --- |
| | | 250(*) | Maximum per ha per year |
| | | 450
  (*) | Maximum per ha per year in mountain areas as defined in Article 46(2) |

Art. 32(3)

Payments to areas facing natural or other specific constraints

25

Minimum per ha per year

250(*)

Maximum per ha per year

450
  (*)

Maximum per ha per year in mountain areas as defined in Article 46(2)

Amendment 139

Proposal for a regulation

Annex I a

Amendment

ANNEX Ia

National envelopes referred to in Article 64

| (in million EUR) |
| --- |
| | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 |
| Belgium | 73.838 | 73.838 | 73.838 | 73.838 | 73.838 | 73.838 | 73.838 |
| Bulgaria | 400.215 | 400.215 | 400.215 | 400.215 | 400.215 | 400.215 | 400.215 |
| Czech Republic | 432.820 | 432.820 | 432.820 | 432.820 | 432.820 | 432.820 | 432.820 |
| Denmark | 87.536 | 87.536 | 87.536 | 87.536 | 87.536 | 87.536 | 87.536 |
| Germany | 1.355.922 | 1.355.922 | 1.355.922 | 1.355.922 | 1.355.922 | 1.355.922 | 1.355.922 |
| Estonia | 109.623 | 109.623 | 109.623 | 109.623 | 109.623 | 109.623 | 109.623 |
| Ireland | 377.842 | 377.842 | 377.842 | 377.842 | 377.842 | 377.842 | 377.842 |
| Greece | 595.667 | 595.667 | 595.667 | 595.667 | 595.667 | 595.667 | 595.667 |
| Spain | 1.219.781 | 1.219.781 | 1.219.781 | 1.219.781 | 1.219.781 | 1.219.781 | 1.219.781 |
| France | 1.148.806 | 1.148.806 | 1.148.806 | 1.148.806 | 1.148.806 | 1.148.806 | 1.148.806 |
| Italy | 1.361.055 | 1.361.055 | 1.361.055 | 1.361.055 | 1.361.055 | 1.361.055 | 1.361.055 |
| Cyprus | 24.926 | 24.926 | 24.926 | 24.926 | 24.926 | 24.926 | 24.926 |
| Latvia | 159.703 | 159.703 | 159.703 | 159.703 | 159.703 | 159.703 | 159.703 |
| Lithuania | 267.461 | 267.461 | 267.461 | 267.461 | 267.461 | 267.461 | 267.461 |
| Luxembourg | 14.383 | 14.383 | 14.383 | 14.383 | 14.383 | 14.383 | 14.383 |
| Hungary | 584.679 | 584.679 | 584.679 | 584.679 | 584.679 | 584.679 | 584.679 |
| Malta | 11.762 | 11.762 | 11.762 | 11.762 | 11.762 | 11.762 | 11.762 |
| Netherlands | 89.850 | 89.850 | 89.850 | 89.850 | 89.850 | 89.850 | 89.850 |
| Austria | 609.744 | 609.744 | 609.744 | 609.744 | 609.744 | 609.744 | 609.744 |
| Poland | 2.029.504 | 2.029.504 | 2.029.504 | 2.029.504 | 2.029.504 | 2.029.504 | 2.029.504 |
| Portugal | 614.811 | 614.811 | 614.811 | 614.811 | 614.811 | 614.811 | 614.811 |
| Romania | 1.435.645 | 1.435.645 | 1.435.645 | 1.435.645 | 1.435.645 | 1.435.645 | 1.435.645 |
| Slovenia | 138.743 | 138.743 | 138.743 | 138.743 | 138.743 | 138.743 | 138.743 |
| Slovakia | 302.467 | 302.467 | 302.467 | 302.467 | 302.467 | 302.467 | 302.467 |
| Finland | 326.416 | 326.416 | 326.416 | 326.416 | 326.416 | 326.416 | 326.416 |
| Sweden | 291.736 | 291.736 | 291.736 | 291.736 | 291.736 | 291.736 | 291.736 |
| United-Kingdom | 362.465 | 362.465 | 362.465 | 362.465 | 362.465 | 362.465 | 362.465 |

(in million EUR)

2014

2015

2016

2017

2018

2019

2020

Belgium

73.838

73.838

73.838

73.838

73.838

73.838

73.838

Bulgaria

400.215

400.215

400.215

400.215

400.215

400.215

400.215

Czech Republic

432.820

432.820

432.820

432.820

432.820

432.820

432.820

Denmark

87.536

87.536

87.536

87.536

87.536

87.536

87.536

Germany

1.355.922

1.355.922

1.355.922

1.355.922

1.355.922

1.355.922

1.355.922

Estonia

109.623

109.623

109.623

109.623

109.623

109.623

109.623

Ireland

377.842

377.842

377.842

377.842

377.842

377.842

377.842

Greece

595.667

595.667

595.667

595.667

595.667

595.667

595.667

Spain

1.219.781

1.219.781

1.219.781

1.219.781

1.219.781

1.219.781

1.219.781

France

1.148.806

1.148.806

1.148.806

1.148.806

1.148.806

1.148.806

1.148.806

Italy

1.361.055

1.361.055

1.361.055

1.361.055

1.361.055

1.361.055

1.361.055

Cyprus

24.926

24.926

24.926

24.926

24.926

24.926

24.926

Latvia

159.703

159.703

159.703

159.703

159.703

159.703

159.703

Lithuania

267.461

267.461

267.461

267.461

267.461

267.461

267.461

Luxembourg

14.383

14.383

14.383

14.383

14.383

14.383

14.383

Hungary

584.679

584.679

584.679

584.679

584.679

584.679

584.679

Malta

11.762

11.762

11.762

11.762

11.762

11.762

11.762

Netherlands

89.850

89.850

89.850

89.850

89.850

89.850

89.850

Austria

609.744

609.744

609.744

609.744

609.744

609.744

609.744

Poland

2.029.504

2.029.504

2.029.504

2.029.504

2.029.504

2.029.504

2.029.504

Portugal

614.811

614.811

614.811

614.811

614.811

614.811

614.811

Romania

1.435.645

1.435.645

1.435.645

1.435.645

1.435.645

1.435.645

1.435.645

Slovenia

138.743

138.743

138.743

138.743

138.743

138.743

138.743

Slovakia

302.467

302.467

302.467

302.467

302.467

302.467

302.467

Finland

326.416

326.416

326.416

326.416

326.416

326.416

326.416

Sweden

291.736

291.736

291.736

291.736

291.736

291.736

291.736

United-Kingdom

362.465

362.465

362.465

362.465

362.465

362.465

362.465

Amendment 140

Proposal for a regulation

Annex II

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Annex deleted |

Text proposed by the Commission

Amendment

Annex deleted

Amendment 141

Proposal for a regulation

ANNEX III — Thematic sub-programme 1 — point 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Public-private partnerships to facilitate generational transition |

Text proposed by the Commission

Amendment

Public-private partnerships to facilitate generational transition

Justification

One of the major issues young farmers face when deciding to start their activity is the expenses and administrative hurdles of taking over the farming activities of their elder. These different elements difficult generational transition and are among the reasons why average age of farmers is above 50 years in the EU. Facilitating generational transition through public-private partnerships should be integrated within the indicative list of measures and operations of particular relevance to thematic sub-programmes in order to take this element into consideration when developing the rural development tools at national level.

Amendment 142

Proposal for a regulation

Annex V — section 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 17 Quality schemes for agricultural products and foodstuffs | Article 17 Quality schemes for agricultural products and foodstuffs |
| Article 32-33 Payments to areas facing natural or other specific constraints | Article 32-33 Payments to areas facing natural or other specific constraints |
| | Article 34 Animal welfare |

Text proposed by the Commission

Amendment

Article 17 Quality schemes for agricultural products and foodstuffs

Article 17 Quality schemes for agricultural products and foodstuffs

Article 32-33 Payments to areas facing natural or other specific constraints

Article 32-33 Payments to areas facing natural or other specific constraints

Article 34 Animal welfare

Justification

Farmers producing with good welfare respond to market demands and can get a premium price for their products, improving their competitiveness. They need to be supported to convert into these systems of production.

---

(1)  

  OJ L 206, 22.7.1992, p. 7.

(2)  

  OJ L 20, 26.1.2010, p. 7.

(3)  

  OJ L 327, 22.12.2000, p. 1.

(4)  

  OJ L 118, 12.5.2010, p. 1.

(5)  

  OJ L 53, 23.2.2002, p. 1.

---

| 29.1.2016 | EN | Official Journal of the European Union | C 36/631 |
| --- | --- | --- | --- |

29.1.2016

EN

Official Journal of the European Union

C 36/631

---

P7_TA(2013)0087

Financing, management and monitoring of the CAP (Decision on the opening of interinstitutional negotiations)

European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council on the financing, management and monitoring of the CAP (COM(2011)0628/2 — C7-0341/2011 — COM(2012)0551 — C7-0312/2012 — 2011/0288(COD) — 2013/2531(RSP))

(2016/C 036/42)

The European Parliament,

| — | having regard to the proposal of the Committee on Agriculture and Rural Development, |
| --- | --- |

—

having regard to the proposal of the Committee on Agriculture and Rural Development,

| — | having regard to Rules 70(2) and 70a of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 70(2) and 70a of its Rules of Procedure,

whereas 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 2014-2020;

decides to open interinstitutional negotiations on the basis of the following mandate:

MANDATE

Amendment 1

Proposal for a regulation

Recital 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (1a) | Cutting red tape is one of the key objectives and main requirements of the CAP reform. Realistic tolerance thresholds and de minimis limitations should be introduced and an appropriate balance should be struck between trust and scrutiny, in order to ensure that the future administrative burden on Member States and beneficiaries is kept to a reasonable level. As part of this process of cutting red tape, due account should be taken of the administrative and other costs of checks at all levels and the use of effective administrative and monitoring systems should be rewarded. The overriding objective should be to reduce administrative costs and to ensure that the administrative burden on farmers and administrators returns to a reasonable level. |

Text proposed by the Commission

Amendment

(1a)

Cutting red tape is one of the key objectives and main requirements of the CAP reform. Realistic tolerance thresholds and de minimis limitations should be introduced and an appropriate balance should be struck between trust and scrutiny, in order to ensure that the future administrative burden on Member States and beneficiaries is kept to a reasonable level. As part of this process of cutting red tape, due account should be taken of the administrative and other costs of checks at all levels and the use of effective administrative and monitoring systems should be rewarded. The overriding objective should be to reduce administrative costs and to ensure that the administrative burden on farmers and administrators returns to a reasonable level.

Amendment 2

Proposal for a regulation

Recital 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| (3) | In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the accreditation of the paying agencies and coordinating bodies, the content of the Farm Advisory System, the measures to be financed by Union budget under public intervention and the valuation of the operations in connection with public intervention, the reductions and suspension of the reimbursements to the Member States, the compensation between expenditure and revenues under the Funds, the recovery of debts, the
  penalties
  applied to beneficiaries in case of non-compliance with the eligibility conditions, in respect of rules on securities, on the functioning of the integrated administration and control system, of the measures excluded from the scrutiny of transactions, the penalties applied under cross compliance, the rules on maintenance of permanent grassland, the rules on the operative event and the exchange rate to be used by the Member States not using the euro and in respect of the content of the common evaluation framework of the measures adopted under the CAP. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. |

Text proposed by the Commission

Amendment

(3)

In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the accreditation of the paying agencies and coordinating bodies, the content of the Farm Advisory System, the measures to be financed by Union budget under public intervention and the valuation of the operations in connection with public intervention, the reductions and suspension of the reimbursements to the Member States, the compensation between expenditure and revenues under the Funds, the recovery of debts, the
  penalties
  applied to beneficiaries in case of non-compliance with the eligibility conditions, in respect of rules on securities, on the functioning of the integrated administration and control system, of the measures excluded from the scrutiny of transactions, the penalties applied under cross compliance, the rules on maintenance of permanent grassland, the rules on the operative event and the exchange rate to be used by the Member States not using the euro and in respect of the content of the common evaluation framework of the measures adopted under the CAP. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

| (3) | In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the accreditation of the paying agencies and coordinating bodies, the content of the Farm Advisory System, the measures to be financed by Union budget under public intervention and the valuation of the operations in connection with public intervention, the reductions and suspension of the reimbursements to the Member States, the compensation between expenditure and revenues under the Funds, the recovery of debts, the
  administrative penalties
  applied to beneficiaries in case of non-compliance with the eligibility conditions, in respect of rules on securities, on the functioning of the integrated administration and control system, of the measures excluded from the scrutiny of transactions, the penalties applied under cross compliance, the rules on maintenance of permanent grassland
  and pasture
  , the rules on the operative event and the exchange rate to be used by the Member States not using the euro and in respect of the content of the common evaluation framework of the measures adopted under the CAP. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
  Under to the second subparagraph of Article 287(4) TFEU, the Court of Auditors may deliver opinions at the request of either the European Parliament or of the Council on those delegated acts. |
| --- | --- |

(3)

In order to supplement or amend certain non-essential elements of this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the accreditation of the paying agencies and coordinating bodies, the content of the Farm Advisory System, the measures to be financed by Union budget under public intervention and the valuation of the operations in connection with public intervention, the reductions and suspension of the reimbursements to the Member States, the compensation between expenditure and revenues under the Funds, the recovery of debts, the
  administrative penalties
  applied to beneficiaries in case of non-compliance with the eligibility conditions, in respect of rules on securities, on the functioning of the integrated administration and control system, of the measures excluded from the scrutiny of transactions, the penalties applied under cross compliance, the rules on maintenance of permanent grassland
  and pasture
  , the rules on the operative event and the exchange rate to be used by the Member States not using the euro and in respect of the content of the common evaluation framework of the measures adopted under the CAP. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
  Under to the second subparagraph of Article 287(4) TFEU, the Court of Auditors may deliver opinions at the request of either the European Parliament or of the Council on those delegated acts.

(The two amendments, replacing ‘penalty’ with ‘administrative penalty’ and ‘permanent grassland’ with ‘permanent grassland and pasture’, apply throughout the text; adopting them will necessitate corresponding changes throughout.)

Amendment 3

Proposal for a regulation

Recital 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (5a) | This Regulation should provide, where appropriate, for exemptions in cases of force majeure and in exceptional circumstances. In connection with agricultural regulations, the concept of force majeure should be interpreted in light of the case-law of the Court of Justice. |

Text proposed by the Commission

Amendment

(5a)

This Regulation should provide, where appropriate, for exemptions in cases of force majeure and in exceptional circumstances. In connection with agricultural regulations, the concept of force majeure should be interpreted in light of the case-law of the Court of Justice.

Amendment 4

Proposal for a regulation

Recital 9 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (9a) | The increasing requirements for certification bodies and paying agencies should not be coupled with a further increase in red tape in the Member States. Above all, those requirements should not be more stringent than international auditing standards. As regards the scope and content of the certification process, a balanced cost-benefit ratio should be maintained and any additional reporting requirements should bring clear added value. |

Text proposed by the Commission

Amendment

(9a)

The increasing requirements for certification bodies and paying agencies should not be coupled with a further increase in red tape in the Member States. Above all, those requirements should not be more stringent than international auditing standards. As regards the scope and content of the certification process, a balanced cost-benefit ratio should be maintained and any additional reporting requirements should bring clear added value.

Amendment 5

Proposal for a regulation

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | In order to help beneficiaries to become more aware of the relationship between agricultural practices
  and
  management of farms on the one hand, and standards relating to the environment, climate change, good agricultural condition of land, food safety, public health, animal health, plant health and animal welfare on the other, it is necessary that Member States establish a comprehensive farm advisory system offering advice to beneficiaries. That farm advisory system should in any way not affect the obligation and responsibility of beneficiaries to respect those standards. Also a clear separation between advice and checks should be ensured by the Member States. |

Text proposed by the Commission

Amendment

(10)

In order to help beneficiaries to become more aware of the relationship between agricultural practices
  and
  management of farms on the one hand, and standards relating to the environment, climate change, good agricultural condition of land, food safety, public health, animal health, plant health and animal welfare on the other, it is necessary that Member States establish a comprehensive farm advisory system offering advice to beneficiaries. That farm advisory system should in any way not affect the obligation and responsibility of beneficiaries to respect those standards. Also a clear separation between advice and checks should be ensured by the Member States.

| (10) | In order to help beneficiaries to become more aware of the relationship between agricultural practices, management
  and risk management
  of farms on the one hand, and standards relating to the environment, climate change, good agricultural condition of land, food safety, public health, animal health, plant health and animal welfare on the other, it is necessary that Member States establish a comprehensive farm advisory system offering advice to beneficiaries. That farm advisory system should in any way not affect the obligation and responsibility of beneficiaries to respect those standards. Also a clear separation between advice and checks should be ensured by the Member States. |
| --- | --- |

(10)

In order to help beneficiaries to become more aware of the relationship between agricultural practices, management
  and risk management
  of farms on the one hand, and standards relating to the environment, climate change, good agricultural condition of land, food safety, public health, animal health, plant health and animal welfare on the other, it is necessary that Member States establish a comprehensive farm advisory system offering advice to beneficiaries. That farm advisory system should in any way not affect the obligation and responsibility of beneficiaries to respect those standards. Also a clear separation between advice and checks should be ensured by the Member States.

Amendment 6

Proposal for a regulation

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | The farm advisory system should cover at least the requirements and standards forming the scope of cross compliance. That system should also cover the requirements to be respected in relation to the agricultural practices beneficial for the climate and the environment for direct payments, as well as the maintenance of the agricultural area under Regulation (EU) No DP/xxx of the European Parliament and of the Council of xxx establishing rules for direct payment to farmers under support schemes within the framework of the common agricultural policy.
  That
  system should
  finally
  cover certain elements related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation as well as the sustainable development of the
  economical
  activity of
  the small
  farms. |

Text proposed by the Commission

Amendment

(11)

The farm advisory system should cover at least the requirements and standards forming the scope of cross compliance. That system should also cover the requirements to be respected in relation to the agricultural practices beneficial for the climate and the environment for direct payments, as well as the maintenance of the agricultural area under Regulation (EU) No DP/xxx of the European Parliament and of the Council of xxx establishing rules for direct payment to farmers under support schemes within the framework of the common agricultural policy.
  That
  system should
  finally
  cover certain elements related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation as well as the sustainable development of the
  economical
  activity of
  the small
  farms.

| (11) | The farm advisory system should cover at least the requirements and standards forming the scope of cross compliance
  at farm level
  . That system should also cover the requirements to be respected in relation to the agricultural practices beneficial for the climate and the environment for direct payments, as well as the maintenance of the agricultural area under Regulation (EU) No .../2013 [DP] of the European Parliament and of the Council of xxx establishing rules for direct payment to farmers under support schemes within the framework of the common agricultural policy.
  In addition, that
  system should cover certain elements related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation as well as the
  environmental performance and
  sustainable development of the
  economic
  activity of farms
  , including activities for farm modernisation, competitiveness building, sectoral integration innovation and market orientation, as well as the promotion and implementation of principles relating to accounting, entrepreneurship and the sustainable management of economic resources
  .
  Finally, Member States should be allowed to include in their system the promotion of conversions of farms and the diversification of their economic activity and the introduction of appropriate preventive actions to address natural disasters and animal and plant diseases, as well as advice on integrated pest management and use of non chemical alternatives. |
| --- | --- |

(11)

The farm advisory system should cover at least the requirements and standards forming the scope of cross compliance
  at farm level
  . That system should also cover the requirements to be respected in relation to the agricultural practices beneficial for the climate and the environment for direct payments, as well as the maintenance of the agricultural area under Regulation (EU) No .../2013 [DP] of the European Parliament and of the Council of xxx establishing rules for direct payment to farmers under support schemes within the framework of the common agricultural policy.
  In addition, that
  system should cover certain elements related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation as well as the
  environmental performance and
  sustainable development of the
  economic
  activity of farms
  , including activities for farm modernisation, competitiveness building, sectoral integration innovation and market orientation, as well as the promotion and implementation of principles relating to accounting, entrepreneurship and the sustainable management of economic resources
  .
  Finally, Member States should be allowed to include in their system the promotion of conversions of farms and the diversification of their economic activity and the introduction of appropriate preventive actions to address natural disasters and animal and plant diseases, as well as advice on integrated pest management and use of non chemical alternatives.

Amendment 7

Proposal for a regulation

Recital 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| (12) | Entry into the farm advisory system should be on a voluntary basis for beneficiaries. All beneficiaries, even if not receiving support under the CAP, should be allowed to participate in the system. However
  priority criteria may be set by the
  Member States. Due to the nature of the system, it is appropriate for the information obtained in the course of the advisory activity to be treated as confidential, except in case of serious infringements of Union or national law. In order to ensure the efficiency of the system, advisors should be suitably qualified and regularly trained. |

Text proposed by the Commission

Amendment

(12)

Entry into the farm advisory system should be on a voluntary basis for beneficiaries. All beneficiaries, even if not receiving support under the CAP, should be allowed to participate in the system. However
  priority criteria may be set by the
  Member States. Due to the nature of the system, it is appropriate for the information obtained in the course of the advisory activity to be treated as confidential, except in case of serious infringements of Union or national law. In order to ensure the efficiency of the system, advisors should be suitably qualified and regularly trained.

| (12) | Entry into the farm advisory system should be on a voluntary basis for beneficiaries. All beneficiaries, even if not receiving support under the CAP, should be allowed to participate in the system. However, Member States
  should be able to determine, on the basis of environmental, economic and social criteria, the categories of beneficiaries that have priority access to the farm advisory system
  . Due to the nature of the system, it is appropriate for the information obtained in the course of the advisory activity to be treated as confidential, except in case of serious infringements of Union or national law. In order to ensure the efficiency of the system, advisors should be suitably qualified and regularly trained. |
| --- | --- |

(12)

Entry into the farm advisory system should be on a voluntary basis for beneficiaries. All beneficiaries, even if not receiving support under the CAP, should be allowed to participate in the system. However, Member States
  should be able to determine, on the basis of environmental, economic and social criteria, the categories of beneficiaries that have priority access to the farm advisory system
  . Due to the nature of the system, it is appropriate for the information obtained in the course of the advisory activity to be treated as confidential, except in case of serious infringements of Union or national law. In order to ensure the efficiency of the system, advisors should be suitably qualified and regularly trained.

Amendment 8

Proposal for a regulation

Recital 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | The financial resources required to cover the expenditure effected by the accredited paying agencies in respect of the EAGF, are to be made available to the Member States by the Commission in the form of reimbursements against the booking of the expenditure effected by those agencies. Until such reimbursements, in the form of monthly payments, have been paid, financial resources are to be mobilised by the Member States in accordance with the needs of their accredited paying agencies.
  The
  personnel costs and the administrative costs of the Member States and the beneficiaries involved in the execution of the CAP should be borne by themselves. |

Text proposed by the Commission

Amendment

(13)

The financial resources required to cover the expenditure effected by the accredited paying agencies in respect of the EAGF, are to be made available to the Member States by the Commission in the form of reimbursements against the booking of the expenditure effected by those agencies. Until such reimbursements, in the form of monthly payments, have been paid, financial resources are to be mobilised by the Member States in accordance with the needs of their accredited paying agencies.
  The
  personnel costs and the administrative costs of the Member States and the beneficiaries involved in the execution of the CAP should be borne by themselves.

| (13) | The financial resources required to cover the expenditure effected by the accredited paying agencies in respect of the EAGF, are to be made available to the Member States by the Commission in the form of reimbursements against the booking of the expenditure effected by those agencies. Until such reimbursements, in the form of monthly payments, have been paid, financial resources are to be mobilised by the Member States in accordance with the needs of their accredited paying agencies.
  In order to improve the operational efficiency of the paying agencies, the
  personnel costs and the administrative costs of the Member States and the beneficiaries involved in the execution of the CAP should be borne by
  the agencies
  themselves. |
| --- | --- |

(13)

The financial resources required to cover the expenditure effected by the accredited paying agencies in respect of the EAGF, are to be made available to the Member States by the Commission in the form of reimbursements against the booking of the expenditure effected by those agencies. Until such reimbursements, in the form of monthly payments, have been paid, financial resources are to be mobilised by the Member States in accordance with the needs of their accredited paying agencies.
  In order to improve the operational efficiency of the paying agencies, the
  personnel costs and the administrative costs of the Member States and the beneficiaries involved in the execution of the CAP should be borne by
  the agencies
  themselves.

Amendment 9

Proposal for a regulation

Recital 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| (14) | The use of the agro-meteorological system and the acquisition and improvement of satellite images should provide the Commission with the means to manage the agricultural markets
  and
  to facilitate the monitoring of agricultural expenditure. |

Text proposed by the Commission

Amendment

(14)

The use of the agro-meteorological system and the acquisition and improvement of satellite images should provide the Commission with the means to manage the agricultural markets
  and
  to facilitate the monitoring of agricultural expenditure.

| (14) | The use of the agro-meteorological system and the acquisition and improvement of satellite images should provide the Commission with the means to manage the agricultural markets, to facilitate the monitoring of agricultural expenditure
  and of the use of the resources upon which agriculture is dependent, including in respect of agro-forestry systems
  ,
  and to assess and to provide timely aid in the case of natural disasters
  . |
| --- | --- |

(14)

The use of the agro-meteorological system and the acquisition and improvement of satellite images should provide the Commission with the means to manage the agricultural markets, to facilitate the monitoring of agricultural expenditure
  and of the use of the resources upon which agriculture is dependent, including in respect of agro-forestry systems
  ,
  and to assess and to provide timely aid in the case of natural disasters
  .

Amendment 10

Proposal for a regulation

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (23) | The rural development programmes are financed from the Union budget on the basis of commitments in annual instalments. Member States should be able to draw on the Union funds provided for as soon as they begin the programmes. A suitably restricted prefinancing system ensuring a steady flow of funds so that payments to beneficiaries under the programmes are made at the appropriate time
  is
  therefore
  needed
  . |

Text proposed by the Commission

Amendment

(23)

The rural development programmes are financed from the Union budget on the basis of commitments in annual instalments. Member States should be able to draw on the Union funds provided for as soon as they begin the programmes. A suitably restricted prefinancing system ensuring a steady flow of funds so that payments to beneficiaries under the programmes are made at the appropriate time
  is
  therefore
  needed
  .

| (23) | The rural development programmes are financed from the Union budget on the basis of commitments in annual instalments. Member States should be able to draw on the Union funds provided for as soon as they begin the programmes. A suitably restricted prefinancing system ensuring a steady flow of funds, so that payments to beneficiaries under the programmes are made at the appropriate time
  , should
  therefore
  be made a priority
  . |
| --- | --- |

(23)

The rural development programmes are financed from the Union budget on the basis of commitments in annual instalments. Member States should be able to draw on the Union funds provided for as soon as they begin the programmes. A suitably restricted prefinancing system ensuring a steady flow of funds, so that payments to beneficiaries under the programmes are made at the appropriate time
  , should
  therefore
  be made a priority
  .

Amendment 11

Proposal for a regulation

Recital 27

| Text proposed by the Commission | Amendment |
| --- | --- |
| (27) | Sectoral agricultural legislation requires Member States to send information on the numbers of checks carried out and their outcome within specified deadlines. Those control statistics are used to determine the level of error at Member State level and, more generally, for the purposes of checking the management of the EAGF and the EAFRD. They are an important source for the Commission to satisfy itself as to the correct management of funds and are an essential element for the annual declaration of assurance. Given the vital nature of this statistical information and in order to ensure that Member States respect their obligation to send it in time, it is necessary to provide a deterrent to late provision of the data required in a manner proportionate to the extent of the data deficit. Therefore, provisions should be put in place whereby the Commission can suspend part of the monthly or interim payments for which the relevant statistical information has not been sent in time. |

Text proposed by the Commission

Amendment

(27)

Sectoral agricultural legislation requires Member States to send information on the numbers of checks carried out and their outcome within specified deadlines. Those control statistics are used to determine the level of error at Member State level and, more generally, for the purposes of checking the management of the EAGF and the EAFRD. They are an important source for the Commission to satisfy itself as to the correct management of funds and are an essential element for the annual declaration of assurance. Given the vital nature of this statistical information and in order to ensure that Member States respect their obligation to send it in time, it is necessary to provide a deterrent to late provision of the data required in a manner proportionate to the extent of the data deficit. Therefore, provisions should be put in place whereby the Commission can suspend part of the monthly or interim payments for which the relevant statistical information has not been sent in time.

| (27) | Sectoral agricultural legislation requires Member States to send information on the numbers of checks carried out and their outcome within specified deadlines. Those control statistics are used to determine the level of error at Member State level and, more generally, for the purposes of checking the management of the EAGF and the EAFRD. They are an important source for the Commission to satisfy itself as to the correct management of funds and are an essential element for the annual declaration of assurance. Given the vital nature of this statistical information and in order to ensure that Member States respect their obligation to send it in time, it is necessary to provide a
  proportionate
  deterrent to late provision of the data required in a manner proportionate to the extent of the data deficit. Therefore, provisions should be put in place whereby the Commission can suspend part of the monthly or interim payments for which the relevant statistical information has not been sent in time.
  However, such suspension should only be used where the delay places the annual budget discharge mechanism at risk, in accordance with the principle of proportionality
  . |
| --- | --- |

(27)

Sectoral agricultural legislation requires Member States to send information on the numbers of checks carried out and their outcome within specified deadlines. Those control statistics are used to determine the level of error at Member State level and, more generally, for the purposes of checking the management of the EAGF and the EAFRD. They are an important source for the Commission to satisfy itself as to the correct management of funds and are an essential element for the annual declaration of assurance. Given the vital nature of this statistical information and in order to ensure that Member States respect their obligation to send it in time, it is necessary to provide a
  proportionate
  deterrent to late provision of the data required in a manner proportionate to the extent of the data deficit. Therefore, provisions should be put in place whereby the Commission can suspend part of the monthly or interim payments for which the relevant statistical information has not been sent in time.
  However, such suspension should only be used where the delay places the annual budget discharge mechanism at risk, in accordance with the principle of proportionality
  .

Amendment 12

Proposal for a regulation

Recital 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| (30) | The financing of measures and operations under the CAP will in part involve shared management. To ensure that Union funds are soundly managed, the Commission should perform checks on the management of the Funds by the Member State authorities responsible for making payments. It is appropriate to define the nature
  of the checks to be made by the Commission
  , to specify the terms of its responsibilities for implementing the budget and to clarify the Member States' cooperation obligations. |

Text proposed by the Commission

Amendment

(30)

The financing of measures and operations under the CAP will in part involve shared management. To ensure that Union funds are soundly managed, the Commission should perform checks on the management of the Funds by the Member State authorities responsible for making payments. It is appropriate to define the nature
  of the checks to be made by the Commission
  , to specify the terms of its responsibilities for implementing the budget and to clarify the Member States' cooperation obligations.

| (30) | The financing of measures and operations under the CAP will in part involve shared management. To ensure that Union funds are soundly managed, the Commission should perform
  the necessary
  checks on the management of the Funds by the Member State authorities responsible for making payments. It is appropriate to define the
  general rules and principles to be followed by the Commission when carrying out checks, as well as their
  nature, to specify the terms of its responsibilities for implementing the budget and to clarify the Member States' cooperation obligations. |
| --- | --- |

(30)

The financing of measures and operations under the CAP will in part involve shared management. To ensure that Union funds are soundly managed, the Commission should perform
  the necessary
  checks on the management of the Funds by the Member State authorities responsible for making payments. It is appropriate to define the
  general rules and principles to be followed by the Commission when carrying out checks, as well as their
  nature, to specify the terms of its responsibilities for implementing the budget and to clarify the Member States' cooperation obligations.

Amendment 13

Proposal for a regulation

Recital 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| (31) | In order to allow the Commission to fulfil its obligation to check the existence and proper functioning of management and inspection systems for Union expenditure in the Member States, provision should be made
  , irrespective of the inspection carried out by Member States themselves
  , for checks by persons delegated by the Commission who should be able to request assistance from the Member States in their work. |

Text proposed by the Commission

Amendment

(31)

In order to allow the Commission to fulfil its obligation to check the existence and proper functioning of management and inspection systems for Union expenditure in the Member States, provision should be made
  , irrespective of the inspection carried out by Member States themselves
  , for checks by persons delegated by the Commission who should be able to request assistance from the Member States in their work.

| (31) | In order to allow the Commission to fulfil its obligation to check the existence and proper functioning of management and inspection systems for Union expenditure in the Member States, provision should be made for checks by persons delegated by the Commission who should be able to request assistance from the Member States in their work.
  Such national provision should take into account the principle of proportionality, the level of confidence that exists as to the reliability of national control and management systems, and the overall effectiveness of the national controls in the checks that the Commission has carried out
  . |
| --- | --- |

(31)

In order to allow the Commission to fulfil its obligation to check the existence and proper functioning of management and inspection systems for Union expenditure in the Member States, provision should be made for checks by persons delegated by the Commission who should be able to request assistance from the Member States in their work.
  Such national provision should take into account the principle of proportionality, the level of confidence that exists as to the reliability of national control and management systems, and the overall effectiveness of the national controls in the checks that the Commission has carried out
  .

Amendment 14

Proposal for a regulation

Recital 36

| Text proposed by the Commission | Amendment |
| --- | --- |
| (36) | The recovery procedures used by the Member States may have the effect of delaying recovery for a number of years, with no guarantee that the outcome will actually be successful. The cost of implementing those procedures may also be out of proportion to the amounts which are or may be collected. Consequently, Member States should be permitted to halt recovery procedures in certain cases. |

Text proposed by the Commission

Amendment

(36)

The recovery procedures used by the Member States may have the effect of delaying recovery for a number of years, with no guarantee that the outcome will actually be successful. The cost of implementing those procedures may also be out of proportion to the amounts which are or may be collected. Consequently, Member States should be permitted to halt recovery procedures in certain cases.

| (36) | The recovery procedures used by the Member States may have the effect of delaying recovery for a number of years, with no guarantee that the outcome will actually be successful. The cost of implementing those procedures may also be out of proportion to the amounts which are or may be collected.
  The threshold for recovery of amounts unduly paid, including interest, is set very low and. recovery should only be undertaken when cost-effective.
  Consequently, Member States should be permitted to halt recovery procedures in certain cases. |
| --- | --- |

(36)

The recovery procedures used by the Member States may have the effect of delaying recovery for a number of years, with no guarantee that the outcome will actually be successful. The cost of implementing those procedures may also be out of proportion to the amounts which are or may be collected.
  The threshold for recovery of amounts unduly paid, including interest, is set very low and. recovery should only be undertaken when cost-effective.
  Consequently, Member States should be permitted to halt recovery procedures in certain cases.

Amendment 15

Proposal for a regulation

Recital 37

| Text proposed by the Commission | Amendment |
| --- | --- |
| (37) | In order to protect the financial interests of the Union budget, measures should be taken by Member States to satisfy themselves that transactions financed by the EAGF and the EAFRD are actually carried out and are executed correctly. Member States should also prevent, detect and deal effectively with any irregularities or non-compliance with obligations committed by beneficiaries. To this end, Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests should apply. |

Text proposed by the Commission

Amendment

(37)

In order to protect the financial interests of the Union budget, measures should be taken by Member States to satisfy themselves that transactions financed by the EAGF and the EAFRD are actually carried out and are executed correctly. Member States should also prevent, detect and deal effectively with any irregularities or non-compliance with obligations committed by beneficiaries. To this end, Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests should apply.

| (37) | In order to protect the financial interests of the Union budget,
  proportionate
  measures should be taken by Member States to satisfy themselves that transactions financed by the EAGF and the EAFRD are actually carried out and are executed correctly. Member States should also prevent, detect and deal effectively with any irregularities or non-compliance with obligations committed by beneficiaries. To this end, Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests should apply.
  In order to ensure that the Union's policy priorities and objectives are consistent, risks to the environment and public health should be included in the scope of what is considered to present a risk to the general budget of the European Union, since the costs associated with these are externalised to other areas of public, including Union, spending. Minimising additional costs in other areas should ensure efficiency in public spending. |
| --- | --- |

(37)

In order to protect the financial interests of the Union budget,
  proportionate
  measures should be taken by Member States to satisfy themselves that transactions financed by the EAGF and the EAFRD are actually carried out and are executed correctly. Member States should also prevent, detect and deal effectively with any irregularities or non-compliance with obligations committed by beneficiaries. To this end, Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests should apply.
  In order to ensure that the Union's policy priorities and objectives are consistent, risks to the environment and public health should be included in the scope of what is considered to present a risk to the general budget of the European Union, since the costs associated with these are externalised to other areas of public, including Union, spending. Minimising additional costs in other areas should ensure efficiency in public spending.

Amendment 16

Proposal for a regulation

Recital 37 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (37a) | In addition to Regulation (EC, Euratom) No 2988/95, more detailed provisions should be laid down in this Regulation dealing with irregularities in the field of the common agricultural policy. A beneficiary who receives aid without complying with the eligibility criteria or commitments for the grant of that aid should be considered to have wrongly obtained an advantage. Such advantages are to be withdrawn pursuant to Article 4 of Regulation (EC, Euratom) No 2988/95. In order to deter beneficiaries from non-compliance, administrative penalties within the meaning of Article 5 of Regulation (EC, Euratom) No 2988/95 should apply, in the form of reduction or exclusion from aid, in particular in situations where intentional irregularities or those caused by negligence are involved. Those administrative penalties may affect aid for which eligibility conditions or commitments have been met. However, it is important that, in the case of irregularities related to Title III of Chapter 2 of Regulation (EU) No .../2013 [DP], the sum of all withdrawals and reductions of aid should not exceed the payment referred to in that Chapter. |

Text proposed by the Commission

Amendment

(37a)

In addition to Regulation (EC, Euratom) No 2988/95, more detailed provisions should be laid down in this Regulation dealing with irregularities in the field of the common agricultural policy. A beneficiary who receives aid without complying with the eligibility criteria or commitments for the grant of that aid should be considered to have wrongly obtained an advantage. Such advantages are to be withdrawn pursuant to Article 4 of Regulation (EC, Euratom) No 2988/95. In order to deter beneficiaries from non-compliance, administrative penalties within the meaning of Article 5 of Regulation (EC, Euratom) No 2988/95 should apply, in the form of reduction or exclusion from aid, in particular in situations where intentional irregularities or those caused by negligence are involved. Those administrative penalties may affect aid for which eligibility conditions or commitments have been met. However, it is important that, in the case of irregularities related to Title III of Chapter 2 of Regulation (EU) No .../2013 [DP], the sum of all withdrawals and reductions of aid should not exceed the payment referred to in that Chapter.

Amendment 17

Proposal for a regulation

Recital 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| (38) | Provisions relating to general principles on checks, withdrawals, reductions or exclusions from payments and to the imposition of penalties are contained in various sectoral agricultural regulations. Those rules should be gathered in the same legal framework at a horizontal level. They should cover the obligations of the Member States as regards administrative and on-the-spot checks, the rules on the recovery, reduction and exclusions of aid. Rules on checks of obligations not necessarily linked to the payment of an aid should be laid down as well. |

Text proposed by the Commission

Amendment

(38)

Provisions relating to general principles on checks, withdrawals, reductions or exclusions from payments and to the imposition of penalties are contained in various sectoral agricultural regulations. Those rules should be gathered in the same legal framework at a horizontal level. They should cover the obligations of the Member States as regards administrative and on-the-spot checks, the rules on the recovery, reduction and exclusions of aid. Rules on checks of obligations not necessarily linked to the payment of an aid should be laid down as well.

| (38) | Provisions relating to general principles on checks, withdrawals, reductions or exclusions from payments and to the imposition of
  proportionate administrative
  penalties are contained in various sectoral agricultural regulations. Those rules should be gathered in the same legal framework at a horizontal level. They should cover the obligations of the Member States as regards administrative and on-the-spot checks
  including the general principles and criteria applicable
  , the rules on the recovery, reduction and exclusions of aid. Rules on checks of obligations not necessarily linked to the payment of an aid should be laid down as well.
  It is necessary to provide for a strong incentive for Member States to reduce the number of on-the-spot checks where the error rate is at an acceptable level, as well as for flexibility on the basis of the customary standards of the Member States or regions concerned, allowing for justified exceptions on agronomic, ecological or environmental grounds. |
| --- | --- |

(38)

Provisions relating to general principles on checks, withdrawals, reductions or exclusions from payments and to the imposition of
  proportionate administrative
  penalties are contained in various sectoral agricultural regulations. Those rules should be gathered in the same legal framework at a horizontal level. They should cover the obligations of the Member States as regards administrative and on-the-spot checks
  including the general principles and criteria applicable
  , the rules on the recovery, reduction and exclusions of aid. Rules on checks of obligations not necessarily linked to the payment of an aid should be laid down as well.
  It is necessary to provide for a strong incentive for Member States to reduce the number of on-the-spot checks where the error rate is at an acceptable level, as well as for flexibility on the basis of the customary standards of the Member States or regions concerned, allowing for justified exceptions on agronomic, ecological or environmental grounds.

Amendment 18

Proposal for a regulation

Recital 38 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (38a) | A fair system of penalties for farmers who commit irregularities should rule out double penalties and the simultaneous application of administrative penalties under this Regulation or criminal penalties under criminal law, except in cases of fraud. |

Text proposed by the Commission

Amendment

(38a)

A fair system of penalties for farmers who commit irregularities should rule out double penalties and the simultaneous application of administrative penalties under this Regulation or criminal penalties under criminal law, except in cases of fraud.

Amendment 19

Proposal for a regulation

Recital 38 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (38b) | Administrative penalties, including the obligation to pay back any payments obtained by the farmer, should not be imposed on the basis of circumstances that are objectively beyond the farmer’s control, and particularly not of unforeseeable events. |

Text proposed by the Commission

Amendment

(38b)

Administrative penalties, including the obligation to pay back any payments obtained by the farmer, should not be imposed on the basis of circumstances that are objectively beyond the farmer’s control, and particularly not of unforeseeable events.

Amendment 20

Proposal for a regulation

Recital 41

| Text proposed by the Commission | Amendment |
| --- | --- |
| (41) | The main elements of that integrated system and, in particular, the provisions concerning a computerised database, an identification system for agricultural parcels, aid applications or payment claims and a system for the identification and recording of payment entitlements should be maintained. |

Text proposed by the Commission

Amendment

(41)

The main elements of that integrated system and, in particular, the provisions concerning a computerised database, an identification system for agricultural parcels, aid applications or payment claims and a system for the identification and recording of payment entitlements should be maintained.

| (41) | The main elements of that integrated system and, in particular, the provisions concerning a computerised database, an identification system for agricultural parcels, aid applications or payment claims and a system for the identification and recording of payment entitlements should be maintained.
  Member States should make appropriate use of technology when setting up these systems, with a view of reducing administrative burden and ensuring efficient and effective controls. |
| --- | --- |

(41)

The main elements of that integrated system and, in particular, the provisions concerning a computerised database, an identification system for agricultural parcels, aid applications or payment claims and a system for the identification and recording of payment entitlements should be maintained.
  Member States should make appropriate use of technology when setting up these systems, with a view of reducing administrative burden and ensuring efficient and effective controls.

Amendment 21

Proposal for a regulation

Recital 44

| Text proposed by the Commission | Amendment |
| --- | --- |
| (44) | Under Regulation (EC) No 485/2008, Member States are to take the measures necessary to ensure effective protection of the financial interests of the Union budget, and particularly in order to check the genuineness and compliance of operations financed by the EAGF. In the interests of clarity and rationality, the relevant provisions should be integrated into the same act. Regulation (EC) No 485/2008 should therefore be repealed. |

Text proposed by the Commission

Amendment

(44)

Under Regulation (EC) No 485/2008, Member States are to take the measures necessary to ensure effective protection of the financial interests of the Union budget, and particularly in order to check the genuineness and compliance of operations financed by the EAGF. In the interests of clarity and rationality, the relevant provisions should be integrated into the same act. Regulation (EC) No 485/2008 should therefore be repealed.

| (44) | Under Regulation (EC) No 485/2008, Member States are to take the measures necessary to ensure effective protection of the financial interests of the Union budget, and particularly in order to check the genuineness and compliance of operations financed by the EAGF. In the interests of
  simplicity,
  clarity and rationality, the relevant provisions should be integrated into the same act. Regulation (EC) No 485/2008 should therefore be repealed. |
| --- | --- |

(44)

Under Regulation (EC) No 485/2008, Member States are to take the measures necessary to ensure effective protection of the financial interests of the Union budget, and particularly in order to check the genuineness and compliance of operations financed by the EAGF. In the interests of
  simplicity,
  clarity and rationality, the relevant provisions should be integrated into the same act. Regulation (EC) No 485/2008 should therefore be repealed.

Amendment 22

Proposal for a regulation

Recital 50

| Text proposed by the Commission | Amendment |
| --- | --- |
| (50) | 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 and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/200125 , which was replaced by Regulation (EC) No 73/2009, established the principle that the full payment to beneficiaries of some supports under the CAP should be linked to compliance with rules relating to land management, agricultural production and agricultural activity. That principle was subsequently reflected in Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)26 and Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) 27. Under this so-called ‘cross compliance’ system Member States are to impose penalties in the form of reduction or exclusion of support received under the CAP in whole or in part. |

Text proposed by the Commission

Amendment

(50)

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 and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/200125 , which was replaced by Regulation (EC) No 73/2009, established the principle that the full payment to beneficiaries of some supports under the CAP should be linked to compliance with rules relating to land management, agricultural production and agricultural activity. That principle was subsequently reflected in Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)26 and Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) 27. Under this so-called ‘cross compliance’ system Member States are to impose penalties in the form of reduction or exclusion of support received under the CAP in whole or in part.

| (50) | 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 and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/200125 , which was replaced by Regulation (EC) No 73/2009, established the principle that the full payment to beneficiaries of some supports under the CAP should be linked to compliance with rules relating to land management, agricultural production and agricultural activity. That principle was subsequently reflected in Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)26 and Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) 27. Under this so-called ‘cross compliance’ system Member States are to impose
  administrative
  penalties in the form of reduction or exclusion of support received under the CAP in whole or in part
  , in accordance with the principle of proportionality and taking into account the general criteria for the graduation of these penalties as defined in this Regulation
  . |
| --- | --- |

(50)

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 and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/200125 , which was replaced by Regulation (EC) No 73/2009, established the principle that the full payment to beneficiaries of some supports under the CAP should be linked to compliance with rules relating to land management, agricultural production and agricultural activity. That principle was subsequently reflected in Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)26 and Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) 27. Under this so-called ‘cross compliance’ system Member States are to impose
  administrative
  penalties in the form of reduction or exclusion of support received under the CAP in whole or in part
  , in accordance with the principle of proportionality and taking into account the general criteria for the graduation of these penalties as defined in this Regulation
  .

Amendment 23

Proposal for a regulation

Recital 53

| Text proposed by the Commission | Amendment |
| --- | --- |
| (53) | Statutory management requirements need to be fully implemented by Member States in order to become operational at farm level and ensure the necessary equal treatment between farmers. |

Text proposed by the Commission

Amendment

(53)

Statutory management requirements need to be fully implemented by Member States in order to become operational at farm level and ensure the necessary equal treatment between farmers.

| (53) | Statutory management requirements need to be fully implemented by Member States in order to become operational at farm level and ensure the necessary equal treatment between farmers.
  The Commission should issue guidelines on the interpretation of the rules on animal identification and registration for cross-compliance purposes, which should, where appropriate, provide for flexibility at farm level in order to strike the necessary balance between safeguarding the spirit of the legislation and applying proportionate administrative penalties only in the case of non-compliance directly and unequivocally attributable to the beneficiaries, in particular in respect of repeated failure of the technology in use. |
| --- | --- |

(53)

Statutory management requirements need to be fully implemented by Member States in order to become operational at farm level and ensure the necessary equal treatment between farmers.
  The Commission should issue guidelines on the interpretation of the rules on animal identification and registration for cross-compliance purposes, which should, where appropriate, provide for flexibility at farm level in order to strike the necessary balance between safeguarding the spirit of the legislation and applying proportionate administrative penalties only in the case of non-compliance directly and unequivocally attributable to the beneficiaries, in particular in respect of repeated failure of the technology in use.

Amendment 24

Proposal for a regulation

Recital 54

| Text proposed by the Commission | Amendment |
| --- | --- |
| (54) | As regards 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 the provisions will only be operational under cross compliance when all Member States will have fully implemented them in particular with clear obligations for farmers. According to the Directive the requirements at farm level will be applied at the latest by 1 January 2013. |

Text proposed by the Commission

Amendment

(54)

As regards 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 the provisions will only be operational under cross compliance when all Member States will have fully implemented them in particular with clear obligations for farmers. According to the Directive the requirements at farm level will be applied at the latest by 1 January 2013.

deleted

Amendment 26

Proposal for a regulation

Recital 56

| Text proposed by the Commission | Amendment |
| --- | --- |
| (56) | According to Article 22 of Directive 2000/60/EC, Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances shall be repealed on 23 December 2013. In order to maintain the rules under cross compliance related to protection of groundwater, it is appropriate, while awaiting the inclusion of Directive 2000/60/EC in cross compliance, to adjust the scope of cross-compliance and to define a standard of good agricultural and environmental condition encompassing the requirements of Articles 4 and 5 of the Directive 80/68/EEC. |

Text proposed by the Commission

Amendment

(56)

According to Article 22 of Directive 2000/60/EC, Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances shall be repealed on 23 December 2013. In order to maintain the rules under cross compliance related to protection of groundwater, it is appropriate, while awaiting the inclusion of Directive 2000/60/EC in cross compliance, to adjust the scope of cross-compliance and to define a standard of good agricultural and environmental condition encompassing the requirements of Articles 4 and 5 of the Directive 80/68/EEC.

deleted

Amendment 27

Proposal for a regulation

Recital 57

| Text proposed by the Commission | Amendment |
| --- | --- |
| (57) | The cross compliance system implies certain administrative constraints for both beneficiaries and national administrations since record keeping must be ensured, checks must be carried out and penalties have to be applied where necessary. Those penalties should be proportionate, effective and dissuasive. Such penalties should be without prejudice to other penalties laid down under other provisions of Union or national law. For the sake of consistency, it is appropriate to merge the relevant Union provisions into one single legal instrument. For farmers participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP], the efforts to be made under the cross compliance system may be considered as exceeding the benefit of keeping those farmers under that system. For reasons of simplification, those farmers should therefore be exempted from cross compliance and in particular from its control system and from the risk of cross compliance penalties. However, that exemption should be without prejudice to the obligation to respect the applicable provisions of the sectoral legislation and to the possibility to be checked and to be imposed penalties under that legislation. |

Text proposed by the Commission

Amendment

(57)

The cross compliance system implies certain administrative constraints for both beneficiaries and national administrations since record keeping must be ensured, checks must be carried out and penalties have to be applied where necessary. Those penalties should be proportionate, effective and dissuasive. Such penalties should be without prejudice to other penalties laid down under other provisions of Union or national law. For the sake of consistency, it is appropriate to merge the relevant Union provisions into one single legal instrument. For farmers participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP], the efforts to be made under the cross compliance system may be considered as exceeding the benefit of keeping those farmers under that system. For reasons of simplification, those farmers should therefore be exempted from cross compliance and in particular from its control system and from the risk of cross compliance penalties. However, that exemption should be without prejudice to the obligation to respect the applicable provisions of the sectoral legislation and to the possibility to be checked and to be imposed penalties under that legislation.

| (57) | The cross compliance system implies certain administrative constraints for both beneficiaries and national administrations since record keeping must be ensured, checks must be carried out and penalties have to be applied where necessary. Those penalties should be proportionate, effective and dissuasive. Such penalties should be without prejudice to other penalties laid down under other provisions of Union or national law. For the sake of consistency, it is appropriate to merge the relevant Union provisions into one single legal instrument. For farmers participating in the small farmers scheme referred to in Title V of Regulation (EU) No .../2013[DP], the efforts to be made under the cross compliance system may be considered as exceeding the benefit of keeping those farmers under that system. For reasons of simplification, those farmers should therefore be exempted from cross compliance and in particular from its control system and from the risk of cross compliance penalties. However, that exemption should be without prejudice to the obligation to respect the applicable provisions of the sectoral legislation and to the possibility to be checked and to be imposed penalties under that legislation.
  Minor unintentional infringements associated with cross compliance inspections should not incur a penalty. Instead a warning should be issued and compliance monitored at a future inspection. |
| --- | --- |

(57)

The cross compliance system implies certain administrative constraints for both beneficiaries and national administrations since record keeping must be ensured, checks must be carried out and penalties have to be applied where necessary. Those penalties should be proportionate, effective and dissuasive. Such penalties should be without prejudice to other penalties laid down under other provisions of Union or national law. For the sake of consistency, it is appropriate to merge the relevant Union provisions into one single legal instrument. For farmers participating in the small farmers scheme referred to in Title V of Regulation (EU) No .../2013[DP], the efforts to be made under the cross compliance system may be considered as exceeding the benefit of keeping those farmers under that system. For reasons of simplification, those farmers should therefore be exempted from cross compliance and in particular from its control system and from the risk of cross compliance penalties. However, that exemption should be without prejudice to the obligation to respect the applicable provisions of the sectoral legislation and to the possibility to be checked and to be imposed penalties under that legislation.
  Minor unintentional infringements associated with cross compliance inspections should not incur a penalty. Instead a warning should be issued and compliance monitored at a future inspection.

Amendment 28

Proposal for a regulation

Recital 60

| Text proposed by the Commission | Amendment |
| --- | --- |
| (60) | An effective implementation of cross compliance requires verification at beneficiaries' level that obligations are respected. Where a Member State decides to make use of the option not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, for a sample of beneficiaries in the following year, verify that the findings of the non-compliance concerned have been remedied. |

Text proposed by the Commission

Amendment

(60)

An effective implementation of cross compliance requires verification at beneficiaries' level that obligations are respected. Where a Member State decides to make use of the option not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, for a sample of beneficiaries in the following year, verify that the findings of the non-compliance concerned have been remedied.

| (60) | An effective implementation of cross compliance requires verification at beneficiaries' level that obligations are respected. Where a Member State decides to make use of the option not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, for a sample of beneficiaries in the following year, verify that the findings of the non-compliance concerned have been remedied.
  Member States may also set up an early-warning system applicable to non-severe first non-compliances in order to achieve a better acceptance of the cross compliance system by farming communities and in order to better involve farmers in the implementation of the requirements. This system should include warning letters calling for remedial action by the beneficiary concerned followed, in the next year, by verification, by the Member State, of compliance. |
| --- | --- |

(60)

An effective implementation of cross compliance requires verification at beneficiaries' level that obligations are respected. Where a Member State decides to make use of the option not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, for a sample of beneficiaries in the following year, verify that the findings of the non-compliance concerned have been remedied.
  Member States may also set up an early-warning system applicable to non-severe first non-compliances in order to achieve a better acceptance of the cross compliance system by farming communities and in order to better involve farmers in the implementation of the requirements. This system should include warning letters calling for remedial action by the beneficiary concerned followed, in the next year, by verification, by the Member State, of compliance.

Amendment 29

Proposal for a regulation

Recital 68

| Text proposed by the Commission | Amendment |
| --- | --- |
| (68) | Each measure under the CAP should be subject to monitoring and evaluation in order to improve its quality and demonstrate its achievements. In this context a list of indicators should be determined and the impact of the CAP policy assessed by the Commission in relation to policy objectives. The Commission should set up a framework for a common monitoring and evaluation ensuring among others that relevant data, including information from Member States is available on a timely manner. In so doing it should take into account the data needs and synergies between potential data sources. Moreover, the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A Budget for Europe 2020 — Part II stated that the climate related expenditure in the overall Union budget should increase to at least 20 %, with contribution from different policies. The Commission should therefore be able to assess the impact of the Union's support in the framework of the CAP to climate objectives. |

Text proposed by the Commission

Amendment

(68)

Each measure under the CAP should be subject to monitoring and evaluation in order to improve its quality and demonstrate its achievements. In this context a list of indicators should be determined and the impact of the CAP policy assessed by the Commission in relation to policy objectives. The Commission should set up a framework for a common monitoring and evaluation ensuring among others that relevant data, including information from Member States is available on a timely manner. In so doing it should take into account the data needs and synergies between potential data sources. Moreover, the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A Budget for Europe 2020 — Part II stated that the climate related expenditure in the overall Union budget should increase to at least 20 %, with contribution from different policies. The Commission should therefore be able to assess the impact of the Union's support in the framework of the CAP to climate objectives.

| (68) | Each measure under the CAP should be subject to monitoring and evaluation in order to improve its quality and demonstrate its achievements. In this context a list of indicators should be determined and the impact of the CAP policy assessed by the Commission in relation to policy objectives. The Commission should set up a framework for a common monitoring and evaluation ensuring among others that relevant data, including information from Member States is available on a timely manner. In so doing it should take into account the data needs and synergies between potential data sources
  , drawing, as far as possible, on existing data sources
  .
  In addition, the monitoring and evaluation framework should take account of and properly reflect the structure of the CAP, since the monitoring and evaluation framework for the second pillar cannot be applied to the first pillar, in particular because under the first pillar there is scope for generating synergies, given the comparably uniform nature of the measures. Proper account should be taken of this.
  Moreover, the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A Budget for Europe 2020 — Part II stated that the climate related expenditure in the overall Union budget should increase to at least 20 %, with contribution from different policies. The Commission should therefore be able to assess the impact of the Union's support in the framework of the CAP to climate objectives. |
| --- | --- |

(68)

Each measure under the CAP should be subject to monitoring and evaluation in order to improve its quality and demonstrate its achievements. In this context a list of indicators should be determined and the impact of the CAP policy assessed by the Commission in relation to policy objectives. The Commission should set up a framework for a common monitoring and evaluation ensuring among others that relevant data, including information from Member States is available on a timely manner. In so doing it should take into account the data needs and synergies between potential data sources
  , drawing, as far as possible, on existing data sources
  .
  In addition, the monitoring and evaluation framework should take account of and properly reflect the structure of the CAP, since the monitoring and evaluation framework for the second pillar cannot be applied to the first pillar, in particular because under the first pillar there is scope for generating synergies, given the comparably uniform nature of the measures. Proper account should be taken of this.
  Moreover, the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A Budget for Europe 2020 — Part II stated that the climate related expenditure in the overall Union budget should increase to at least 20 %, with contribution from different policies. The Commission should therefore be able to assess the impact of the Union's support in the framework of the CAP to climate objectives.

Amendment 30

Proposal for a regulation

Recital 70c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (70c) | In its judgment, the Court did not contest the legitimacy of the objective of reinforcing public control of the use of the money from the EAGF and the EAFRD.
  This objective should be analysed in the light of the new financial management and control framework to be applied as from 1 January 2014. In the context of this framework, the controls by the national administrations cannot be exhaustive and, in particular, for almost all schemes only a limited part of the population can be checked on-the-spot. An increase of the minimum control rates beyond the levels currently applied would, in the present context, put additional financial and administrative burden on the national administrations and would not be cost-effective. Moreover, the new framework provides that, under certain conditions, Member States may reduce the number of on-the-spot checks. Against this background, the publication of the name of the beneficiaries of the agricultural funds reinforces the public control of the use of those funds and, therefore, is a useful addition to the existing management and control framework that is necessary to ensure an adequate level of protection of the Union's financial interest. The national authorities, while applying the new rules simplifying the administrative process of the implementation of Union funds and reducing the administrative costs, should be enabled to rely on the public control, notably through its preventive and deterrent effect against fraud and any misuse of the public funds, by discouraging individual beneficiaries from irregular behaviour. |

Text proposed by the Commission

Amendment

(70c)

In its judgment, the Court did not contest the legitimacy of the objective of reinforcing public control of the use of the money from the EAGF and the EAFRD.
  This objective should be analysed in the light of the new financial management and control framework to be applied as from 1 January 2014. In the context of this framework, the controls by the national administrations cannot be exhaustive and, in particular, for almost all schemes only a limited part of the population can be checked on-the-spot. An increase of the minimum control rates beyond the levels currently applied would, in the present context, put additional financial and administrative burden on the national administrations and would not be cost-effective. Moreover, the new framework provides that, under certain conditions, Member States may reduce the number of on-the-spot checks. Against this background, the publication of the name of the beneficiaries of the agricultural funds reinforces the public control of the use of those funds and, therefore, is a useful addition to the existing management and control framework that is necessary to ensure an adequate level of protection of the Union's financial interest. The national authorities, while applying the new rules simplifying the administrative process of the implementation of Union funds and reducing the administrative costs, should be enabled to rely on the public control, notably through its preventive and deterrent effect against fraud and any misuse of the public funds, by discouraging individual beneficiaries from irregular behaviour.

| (70c) | In its judgment, the Court did not contest the legitimacy of the objective of reinforcing public control of the use of the money from the EAGF and the EAFRD. |
| --- | --- |

(70c)

In its judgment, the Court did not contest the legitimacy of the objective of reinforcing public control of the use of the money from the EAGF and the EAFRD.

Amendment 31

Proposal for a regulation

Recital 70d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (70d) | The objective of the public control of the use of the money from the EAGF and the EAFRD pursued with the publication of beneficiaries may be achieved only by ensuring a certain degree of information to be
  delivered
  to the knowledge of the public. That information should cover data on
  the identity of the beneficiary,
  the amount awarded and under which of the funds, the purpose and the nature of the measure concerned.
  The publication of that information should be made in such a way as to cause less interference with
  the beneficiaries
  ’ right
  to respect for their private life in general and to protection of their personal data in particular, rights recognised by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union. |

Text proposed by the Commission

Amendment

(70d)

The objective of the public control of the use of the money from the EAGF and the EAFRD pursued with the publication of beneficiaries may be achieved only by ensuring a certain degree of information to be
  delivered
  to the knowledge of the public. That information should cover data on
  the identity of the beneficiary,
  the amount awarded and under which of the funds, the purpose and the nature of the measure concerned.
  The publication of that information should be made in such a way as to cause less interference with
  the beneficiaries
  ’ right
  to respect for their private life in general and to protection of their personal data in particular, rights recognised by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union.

| (70d) | The objective of the public control of the use of the money from the EAGF and the EAFRD pursued with the publication of beneficiaries may be achieved only by ensuring a certain degree of information to be
  brought
  to the knowledge of the public. That information should cover data on the amount awarded under each of the funds, the purpose and the nature of the measure concerned.
  In order to provide an accurate picture of the territorial distribution of CAP support, information on the location of the holdings to which those measures apply should also be provided.
  The
  right of
  beneficiaries to respect for their private life in general and to protection of their personal data in particular, rights recognised by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union
  , should be safeguarded
  . |
| --- | --- |

(70d)

The objective of the public control of the use of the money from the EAGF and the EAFRD pursued with the publication of beneficiaries may be achieved only by ensuring a certain degree of information to be
  brought
  to the knowledge of the public. That information should cover data on the amount awarded under each of the funds, the purpose and the nature of the measure concerned.
  In order to provide an accurate picture of the territorial distribution of CAP support, information on the location of the holdings to which those measures apply should also be provided.
  The
  right of
  beneficiaries to respect for their private life in general and to protection of their personal data in particular, rights recognised by Articles 7 and 8 of the Charter of Fundamental Rights of the European Union
  , should be safeguarded
  .

Amendment 32

Proposal for a regulation

Recital 70f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (70f) | In order to observe a balance between the pursued objective of the public control of the use of the money from the EAGF and the EAFRD on the one hand and the beneficiaries’ right to respect for their private life in general and to protection of their personal data on the other hand, the importance of the aid should be taken into account. Following the extensive analysis and the consultation with the stakeholders it appeared that in order to reinforce the effectiveness of such publication and to limit the interference with the beneficiaries' rights, a threshold should be set up as regards the amount of aid received below which the name of the beneficiary should not be published. |

Text proposed by the Commission

Amendment

(70f)

In order to observe a balance between the pursued objective of the public control of the use of the money from the EAGF and the EAFRD on the one hand and the beneficiaries’ right to respect for their private life in general and to protection of their personal data on the other hand, the importance of the aid should be taken into account. Following the extensive analysis and the consultation with the stakeholders it appeared that in order to reinforce the effectiveness of such publication and to limit the interference with the beneficiaries' rights, a threshold should be set up as regards the amount of aid received below which the name of the beneficiary should not be published.

deleted

Amendment 33

Proposal for a regulation

Recital 70 g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (70 g) | The threshold should reflect and be based on the level of the support schemes set up within the framework of the CAP. As the structures of the Member States' agricultural economies vary considerably and may differ significantly from the average Union farm structure, the application of different minimum thresholds that reflect the particular situation of the Member States should be allowed. Regulation xxx/xxx [DP] sets out a simple and specific scheme for small farms. Article 49 of that Regulation lays down criteria for calculating the amount of aid. For reasons of consistency, those criteria should also be used for fixing specific thresholds per Member State for the publication of the name of a beneficiary. Except for the name, below that specific threshold the publication should contain all the relevant information in order to allow the taxpayers to have an accurate image of the CAP. |

Text proposed by the Commission

Amendment

(70 g)

The threshold should reflect and be based on the level of the support schemes set up within the framework of the CAP. As the structures of the Member States' agricultural economies vary considerably and may differ significantly from the average Union farm structure, the application of different minimum thresholds that reflect the particular situation of the Member States should be allowed. Regulation xxx/xxx [DP] sets out a simple and specific scheme for small farms. Article 49 of that Regulation lays down criteria for calculating the amount of aid. For reasons of consistency, those criteria should also be used for fixing specific thresholds per Member State for the publication of the name of a beneficiary. Except for the name, below that specific threshold the publication should contain all the relevant information in order to allow the taxpayers to have an accurate image of the CAP.

deleted

Amendment 34

Proposal for a regulation

Recital 70h

| Text proposed by the Commission | Amendment |
| --- | --- |
| (70h) | In addition, making this information accessible to the public enhances transparency regarding the use of Union funds in the CAP, thus contributing to the visibility and better understanding of that policy. It enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen. It would also help local people to witness concrete examples of the provision of ‘public goods’ by farming and underpin the legitimacy of state support for the agricultural sector. Furthermore, the personal accountability of the farmers for use of the public funds received will be reinforced. |

Text proposed by the Commission

Amendment

(70h)

In addition, making this information accessible to the public enhances transparency regarding the use of Union funds in the CAP, thus contributing to the visibility and better understanding of that policy. It enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen. It would also help local people to witness concrete examples of the provision of ‘public goods’ by farming and underpin the legitimacy of state support for the agricultural sector. Furthermore, the personal accountability of the farmers for use of the public funds received will be reinforced.

| (70h) | In addition, making this information accessible to the public enhances transparency regarding the use of Union funds in the CAP, thus contributing to the visibility and better understanding of that policy.
  Similar rules should also apply to beneficiaries of funding from other Union funds (ERFD, ESF and EFF) so that this objective can also be achieved in other fields of Union policy.
  It enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen. It would also help local people to witness concrete examples of the provision of ‘public goods’ by farming and underpin the legitimacy of state support for the agricultural sector. Furthermore, the personal accountability of the farmers for use of the public funds received will be reinforced. |
| --- | --- |

(70h)

In addition, making this information accessible to the public enhances transparency regarding the use of Union funds in the CAP, thus contributing to the visibility and better understanding of that policy.
  Similar rules should also apply to beneficiaries of funding from other Union funds (ERFD, ESF and EFF) so that this objective can also be achieved in other fields of Union policy.
  It enables citizens to participate more closely in the decision-making process and guarantees that the administration enjoys greater legitimacy and is more effective and more accountable to the citizen. It would also help local people to witness concrete examples of the provision of ‘public goods’ by farming and underpin the legitimacy of state support for the agricultural sector. Furthermore, the personal accountability of the farmers for use of the public funds received will be reinforced.

Amendment 35

Proposal for a regulation

Article 2 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The definitions of ‘farmer’, ‘agricultural activity’, ‘agricultural area’
  , ‘holding’
  laid down in Article 4 of Regulation (EU) xxx/xxx[DP] shall apply for the purposes of this Regulation
  , save as otherwise provided for in this Regulation
  . | 1.   The definitions of ‘farmer’, ‘agricultural activity’
  and
  ‘agricultural area’ laid down in Article 4 of Regulation (EU) .../2013[DP] shall apply for the purposes of this Regulation. |

Text proposed by the Commission

Amendment

1.   The definitions of ‘farmer’, ‘agricultural activity’, ‘agricultural area’
  , ‘holding’
  laid down in Article 4 of Regulation (EU) xxx/xxx[DP] shall apply for the purposes of this Regulation
  , save as otherwise provided for in this Regulation
  .

1.   The definitions of ‘farmer’, ‘agricultural activity’
  and
  ‘agricultural area’ laid down in Article 4 of Regulation (EU) .../2013[DP] shall apply for the purposes of this Regulation.

Amendment 36

Proposal for a regulation

Article 2 — paragraph 1 — subparagraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Save for the purpose of Title VI, the definition of ‘holding’ laid down in Article 4 of Regulation (EU) .../2013[DP] shall apply for the purposes of this Regulation. |

Text proposed by the Commission

Amendment

Save for the purpose of Title VI, the definition of ‘holding’ laid down in Article 4 of Regulation (EU) .../2013[DP] shall apply for the purposes of this Regulation.

Amendment 37

Proposal for a regulation

Article 2 — paragraph 1 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | For the purposes of this Regulation, ‘sectoral agricultural legislation’ means any applicable act adopted on the basis of Article 43 TFEU within the framework of the CAP as well as, where applicable, any delegated acts or implementing acts adopted on the basis of those acts. |

Text proposed by the Commission

Amendment

For the purposes of this Regulation, ‘sectoral agricultural legislation’ means any applicable act adopted on the basis of Article 43 TFEU within the framework of the CAP as well as, where applicable, any delegated acts or implementing acts adopted on the basis of those acts.

Amendment 38

Proposal for a regulation

Article 2 — paragraph 2 — point e a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | a plant disease affecting part or all of the beneficiary's crops; |

Text proposed by the Commission

Amendment

(ea)

a plant disease affecting part or all of the beneficiary's crops;

Amendment 39

Proposal for a regulation

Article 2 — paragraph 2 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | expropriation of
  a large
  part of the holding if that could not have been anticipated on the day of lodging the application. |

Text proposed by the Commission

Amendment

(f)

expropriation of
  a large
  part of the holding if that could not have been anticipated on the day of lodging the application.

| (f) | expropriation of
  all or
  part of the holding if that could not have been anticipated on the day of lodging the application
  , or repossession of the land by the owner
  . |
| --- | --- |

(f)

expropriation of
  all or
  part of the holding if that could not have been anticipated on the day of lodging the application
  , or repossession of the land by the owner
  .

Amendment 40

Proposal for a regulation

Article 7 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Paying agencies shall be
  dedicated
  departments or bodies of the Member States responsible for the management and control of expenditure referred to in Article 4(1) and Article 5. | 1.   Paying agencies shall be departments or bodies of the Member States responsible for the management and control of
  all
  expenditure referred to in
  both
  Article 4(1) and Article 5. |

Text proposed by the Commission

Amendment

1.   Paying agencies shall be
  dedicated
  departments or bodies of the Member States responsible for the management and control of expenditure referred to in Article 4(1) and Article 5.

1.   Paying agencies shall be departments or bodies of the Member States responsible for the management and control of
  all
  expenditure referred to in
  both
  Article 4(1) and Article 5.

Amendment 41

Proposal for a regulation

Article 7 — paragraph 2 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Commission shall, on a risk basis, review the documentary evidence provided by the Member States pursuant to Article 102 and assess the functioning of the systems in order to confirm that management and control bodies satisfy the conditions for national accreditation. |

Text proposed by the Commission

Amendment

The Commission shall, on a risk basis, review the documentary evidence provided by the Member States pursuant to Article 102 and assess the functioning of the systems in order to confirm that management and control bodies satisfy the conditions for national accreditation.

Amendment 42

Proposal for a regulation

Article 7 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | a management declaration of assurance as to the completeness, accuracy and veracity of the accounts, the proper functioning of the internal control systems as well as to the legality and regularity of the underlying transactions
  and the respect of the principle of sound financial management; |

Text proposed by the Commission

Amendment

(b)

a management declaration of assurance as to the completeness, accuracy and veracity of the accounts, the proper functioning of the internal control systems as well as to the legality and regularity of the underlying transactions
  and the respect of the principle of sound financial management;

| (b) | a management declaration of assurance as to the completeness, accuracy and veracity of the accounts
  and
  the proper functioning of the internal control systems
  , based on measurable performance criteria,
  as well as to the legality and regularity of the underlying transactions; |
| --- | --- |

(b)

a management declaration of assurance as to the completeness, accuracy and veracity of the accounts
  and
  the proper functioning of the internal control systems
  , based on measurable performance criteria,
  as well as to the legality and regularity of the underlying transactions;

Amendment 43

Proposal for a regulation

Article 7 — paragraph 3 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | a summary of the results of all available audits and checks carried out, including an analysis of systematic
  or
  recurrent weaknesses as well as corrective actions taken or planned. |

Text proposed by the Commission

Amendment

(c)

a summary of the results of all available audits and checks carried out, including an analysis of systematic
  or
  recurrent weaknesses as well as corrective actions taken or planned.

| (c) | a summary of: |
| --- | --- |

(c)

a summary of:

| | (i) | the results of all available audits and checks carried out, including an analysis of systematic
  and
  recurrent weaknesses as well as corrective actions taken or planned, |
| --- | --- | --- |

(i)

the results of all available audits and checks carried out, including an analysis of systematic
  and
  recurrent weaknesses as well as corrective actions taken or planned,

| | (ii) | the control statistics sent in accordance with Article 102(1)(c)(v), and |
| --- | --- | --- |

(ii)

the control statistics sent in accordance with Article 102(1)(c)(v), and

| | (iii) | other checks that are considered relevant
  . |
| --- | --- | --- |

(iii)

other checks that are considered relevant
  .

Amendment 44

Proposal for a regulation

Article 7 — paragraph 4 –– subparagraph 1 — introductory phrase

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Where more than one paying agency is accredited, the Member State shall
  designate
  a body, hereinafter referred to as the ‘coordinating body’, to which it assigns the following tasks: | 4.   Where,
  as a result of a Member State’s constitutional arrangements,
  more than one paying agency is accredited, the Member State shall
  select
  a body, hereinafter referred to as the ‘coordinating body’, to which it assigns the following tasks: |

Text proposed by the Commission

Amendment

4.   Where more than one paying agency is accredited, the Member State shall
  designate
  a body, hereinafter referred to as the ‘coordinating body’, to which it assigns the following tasks:

4.   Where,
  as a result of a Member State’s constitutional arrangements,
  more than one paying agency is accredited, the Member State shall
  select
  a body, hereinafter referred to as the ‘coordinating body’, to which it assigns the following tasks:

Amendment 45

Proposal for a regulation

Article 7 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| 5.   Where an accredited paying agency does not meet or no longer meets one or more of the accreditation criteria referred to in paragraph 2, the Member State shall withdraw its accreditation unless the paying agency makes the necessary changes within a period to be determined according to the severity of the problem. | 5.   Where an accredited paying agency does not meet or no longer meets one or more of the accreditation criteria referred to in paragraph 2, the Member State shall
  , on its own initiative or at the request of the Commission,
  withdraw its accreditation unless the paying agency makes the necessary changes within a period to be determined according to the severity of the problem. |

Text proposed by the Commission

Amendment

5.   Where an accredited paying agency does not meet or no longer meets one or more of the accreditation criteria referred to in paragraph 2, the Member State shall withdraw its accreditation unless the paying agency makes the necessary changes within a period to be determined according to the severity of the problem.

5.   Where an accredited paying agency does not meet or no longer meets one or more of the accreditation criteria referred to in paragraph 2, the Member State shall
  , on its own initiative or at the request of the Commission,
  withdraw its accreditation unless the paying agency makes the necessary changes within a period to be determined according to the severity of the problem.

Amendment 46

Proposal for a regulation

Article 8 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | rules on the scope and work underlying the management declaration of the paying agencies; |

Text proposed by the Commission

Amendment

(ba)

rules on the scope and work underlying the management declaration of the paying agencies;

Amendment 47

Proposal for a regulation

Article 8 — paragraph 1 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | the obligations of the paying agencies as regards public intervention, as well as the content of their management and control responsibilities; |

Text proposed by the Commission

Amendment

(ca)

the obligations of the paying agencies as regards public intervention, as well as the content of their management and control responsibilities;

Amendment 48

Proposal for a regulation

Article 8 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the obligations of the paying agencies as regards public intervention, as well as on the content of their management and control responsibilities. |

Text proposed by the Commission

Amendment

(a)

the obligations of the paying agencies as regards public intervention, as well as on the content of their management and control responsibilities.

deleted

Amendment 49

Proposal for a regulation

Article 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The certification body shall be a public or private audit body
  designated
  by the Member State
  which
  shall provide an opinion on
  the management declaration of assurance covering
  the completeness, accuracy and veracity of the annual accounts of the paying agency, the proper functioning of
  its internal
  control
  system
  , the legality and regularity of the underlying transactions,
  as well as the respect of the principle of sound financial management
  . | 1.   The certification body shall be a public or private audit body
  . Where it is a private audit body, it shall be selected
  by the Member State
  by means of a public tendering procedure. The certification body
  shall provide an opinion
  , drawn up in accordance with internationally accepted audit standards,
  on the completeness, accuracy and veracity of the annual accounts of the paying agency
  and
  the proper functioning of
  the
  control
  systems put in place as well as
  the legality and regularity of the underlying transactions.
  This opinion shall state, inter alia, whether the examination calls into question the assertions made in the management declaration of assurance referred to in Article 7(3)(b). |
| It shall be operationally independent from both the paying agency concerned and the authority which has accredited that agency. | It shall be operationally independent from both the paying agency concerned and the authority which has accredited that agency. |
| 2.   The Commission shall
  , by means of implementing
  acts,
  lay
  down rules concerning the status of the certification bodies, the specific tasks, including the checks, which they
  have
  to carry out
  as well as the certificates and the reports, together with the documents accompanying them, to be drawn up by those bodies
  .
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3). | 2.   The Commission shall
  be empowered to adopt delegated
  acts,
  in accordance with Article 111, laying
  down rules concerning the status of the certification bodies
  and
  the specific tasks, including the checks, which
  shall be structured in the most efficient way, relying as far as possible on integrated samples with a view of minimising the administrative burden on farmers and Member States
  . |
| | The Commission shall adopt implementing acts, laying down rules concerning the certificates and reports to be drawn up by the certification bodies, together with the documents accompanying them. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3). |

Text proposed by the Commission

Amendment

1.   The certification body shall be a public or private audit body
  designated
  by the Member State
  which
  shall provide an opinion on
  the management declaration of assurance covering
  the completeness, accuracy and veracity of the annual accounts of the paying agency, the proper functioning of
  its internal
  control
  system
  , the legality and regularity of the underlying transactions,
  as well as the respect of the principle of sound financial management
  .

1.   The certification body shall be a public or private audit body
  . Where it is a private audit body, it shall be selected
  by the Member State
  by means of a public tendering procedure. The certification body
  shall provide an opinion
  , drawn up in accordance with internationally accepted audit standards,
  on the completeness, accuracy and veracity of the annual accounts of the paying agency
  and
  the proper functioning of
  the
  control
  systems put in place as well as
  the legality and regularity of the underlying transactions.
  This opinion shall state, inter alia, whether the examination calls into question the assertions made in the management declaration of assurance referred to in Article 7(3)(b).

It shall be operationally independent from both the paying agency concerned and the authority which has accredited that agency.

It shall be operationally independent from both the paying agency concerned and the authority which has accredited that agency.

2.   The Commission shall
  , by means of implementing
  acts,
  lay
  down rules concerning the status of the certification bodies, the specific tasks, including the checks, which they
  have
  to carry out
  as well as the certificates and the reports, together with the documents accompanying them, to be drawn up by those bodies
  .
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).

2.   The Commission shall
  be empowered to adopt delegated
  acts,
  in accordance with Article 111, laying
  down rules concerning the status of the certification bodies
  and
  the specific tasks, including the checks, which
  shall be structured in the most efficient way, relying as far as possible on integrated samples with a view of minimising the administrative burden on farmers and Member States
  .

The Commission shall adopt implementing acts, laying down rules concerning the certificates and reports to be drawn up by the certification bodies, together with the documents accompanying them. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).

Amendment 50

Proposal for a regulation

Article 12

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall establish a system of advising beneficiaries on land and farm management (
  hereinafter referred to as the
  ‘farm advisory system’) operated by one or more
  designated
  bodies. The
  designated
  bodies may be public or private. | 1.   Member States shall establish a system of advising beneficiaries on land
  management, farm management,
  and farm
  risk
  management (‘farm advisory system’) operated by one or more
  selected
  bodies. The
  selected
  bodies may be public
  and/
  or private. |
| 2.   The farm advisory system shall cover at least: | 2.   The farm advisory system shall cover at least the following: |
| (a) | the statutory management requirements and the standards for good agricultural and environmental condition of land as laid down in Chapter I of Title VI; |

Text proposed by the Commission

Amendment

1.   Member States shall establish a system of advising beneficiaries on land and farm management (
  hereinafter referred to as the
  ‘farm advisory system’) operated by one or more
  designated
  bodies. The
  designated
  bodies may be public or private.

1.   Member States shall establish a system of advising beneficiaries on land
  management, farm management,
  and farm
  risk
  management (‘farm advisory system’) operated by one or more
  selected
  bodies. The
  selected
  bodies may be public
  and/
  or private.

2.   The farm advisory system shall cover at least:

2.   The farm advisory system shall cover at least the following:

(a)

the statutory management requirements and the standards for good agricultural and environmental condition of land as laid down in Chapter I of Title VI;

| (a) | obligations at farm level deriving from
  the statutory management requirements and the standards for good agricultural and environmental condition of land as laid down in Chapter I of Title VI; |
| --- | --- |

(a)

obligations at farm level deriving from
  the statutory management requirements and the standards for good agricultural and environmental condition of land as laid down in Chapter I of Title VI;

| (b) | the agricultural practices beneficial for the climate and the environment as laid down in Chapter 2 of Title III of Regulation (EU) No xxx/xxx [DP] and the maintenance of the agricultural area as referred to in Article 4(1)(c) of Regulation (EU) No xxx/xxx [DP]; |
| --- | --- |

(b)

the agricultural practices beneficial for the climate and the environment as laid down in Chapter 2 of Title III of Regulation (EU) No xxx/xxx [DP] and the maintenance of the agricultural area as referred to in Article 4(1)(c) of Regulation (EU) No xxx/xxx [DP];

| (b) | the agricultural practices beneficial for the climate and the environment laid down in Chapter 2 of Title III of Regulation (EU) No xxx/xxx [DP] and the maintenance of the agricultural area referred to in Article 4(1)(c) of Regulation (EU) No xxx/xxx [DP]; |
| --- | --- |

(b)

the agricultural practices beneficial for the climate and the environment laid down in Chapter 2 of Title III of Regulation (EU) No xxx/xxx [DP] and the maintenance of the agricultural area referred to in Article 4(1)(c) of Regulation (EU) No xxx/xxx [DP];

| (c) | the requirements or actions related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation at minimum as laid down in Annex I to this Regulation; |
| --- | --- |

(c)

the requirements or actions related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation at minimum as laid down in Annex I to this Regulation;

| (c) | the requirements or actions related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation at minimum as laid down in Annex I to this Regulation; |
| --- | --- |

(c)

the requirements or actions related to climate change mitigation and adaptation, biodiversity, protection of water, animal and plant disease notification and innovation at minimum as laid down in Annex I to this Regulation;

| (ca) | the sustainable development of the economic activities of farms in accordance with measures provided for in rural development programmes, including those for farm modernisation, competitiveness building, sectoral integration, innovation and market orientation as well as the promotion and implementation of principles relating to accounting, entrepreneurship and the sustainable management of economic resources; |
| --- | --- |

(ca)

the sustainable development of the economic activities of farms in accordance with measures provided for in rural development programmes, including those for farm modernisation, competitiveness building, sectoral integration, innovation and market orientation as well as the promotion and implementation of principles relating to accounting, entrepreneurship and the sustainable management of economic resources;

| (d) | the sustainable development of the
  economical
  activity of
  the small
  farms as defined by the Member States
  and at least of the
  farms participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP]. |
| --- | --- |

(d)

the sustainable development of the
  economical
  activity of
  the small
  farms as defined by the Member States
  and at least of the
  farms participating in the small farmers scheme referred to in Title V of Regulation (EU) No xxx/xxx[DP].

| (d) | the
  environmental performance and
  sustainable development of the
  economic
  activity of farms as defined by the Member States
  , with priority being given to
  those participating in the small farmers scheme referred to in Title V of Regulation (EU) No .../2013[DP]. |
| --- | --- |

(d)

the
  environmental performance and
  sustainable development of the
  economic
  activity of farms as defined by the Member States
  , with priority being given to
  those participating in the small farmers scheme referred to in Title V of Regulation (EU) No .../2013[DP].

3.   The farm advisory system may also cover
  in particular
  :

3.   The farm advisory system may also cover
  , inter alia, the following
  :

| (a) | the sustainable development of the economical activity of holdings other than those referred to in paragraph (2)(d); |
| --- | --- |

(a)

the sustainable development of the economical activity of holdings other than those referred to in paragraph (2)(d);

| (aa) | the promotion of conversions of farms and the diversification of their economic activity, |
| --- | --- |

(aa)

the promotion of conversions of farms and the diversification of their economic activity,

| (ab) | risk management and the introduction of appropriate preventive actions to address natural disasters, catastrophic events and animal and plant diseases; |
| --- | --- |

(ab)

risk management and the introduction of appropriate preventive actions to address natural disasters, catastrophic events and animal and plant diseases;

| (ac) | advice on integrated pest management and on the use of non chemical alternatives. |
| --- | --- |

(ac)

advice on integrated pest management and on the use of non chemical alternatives.

| (b) | the
  minimum
  requirements established by national legislation, as referred to in Article 29
  (3)
  and 30
  (2)
  of Regulation (EU) No xxx/xxx [RD] |
| --- | --- |

(b)

the
  minimum
  requirements established by national legislation, as referred to in Article 29
  (3)
  and 30
  (2)
  of Regulation (EU) No xxx/xxx [RD]

| (b) | the requirements established by national legislation, as referred to in Article 29 and 30 of Regulation (EU) No .../2013 [RD] |
| --- | --- |

(b)

the requirements established by national legislation, as referred to in Article 29 and 30 of Regulation (EU) No .../2013 [RD]

Amendment 51

Proposal for a regulation

Article 13 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall ensure that the advisors within the farm advisory system are suitably qualified and regularly
  trained
  . | 1.   Member States shall ensure that the advisors within the farm advisory system are suitably qualified and regularly
  undergo in-service training
  . |

Text proposed by the Commission

Amendment

1.   Member States shall ensure that the advisors within the farm advisory system are suitably qualified and regularly
  trained
  .

1.   Member States shall ensure that the advisors within the farm advisory system are suitably qualified and regularly
  undergo in-service training
  .

Amendment 52

Proposal for a regulation

Article 13 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   The
  competent
  national authority shall provide the beneficiary
  , where appropriate by the use of electronic means,
  with the appropriate list of
  designated
  bodies. | 3.   The national authority shall provide the
  potential
  beneficiary with the appropriate list of
  selected
  bodies
  primarily by electronic means
  . |

Text proposed by the Commission

Amendment

3.   The
  competent
  national authority shall provide the beneficiary
  , where appropriate by the use of electronic means,
  with the appropriate list of
  designated
  bodies.

3.   The national authority shall provide the
  potential
  beneficiary with the appropriate list of
  selected
  bodies
  primarily by electronic means
  .

Amendment 53

Proposal for a regulation

Article 14

| Text proposed by the Commission | Amendment |
| --- | --- |
| Beneficiaries, whether or not they receive support under the common agricultural policy, including rural development, may use the farm advisory system on a voluntary basis. | Beneficiaries, whether or not they receive support under the common agricultural policy, including rural development, may use the farm advisory system on a voluntary basis. |
| However Member States may determine,
  in accordance with objective
  criteria, the categories of beneficiaries that have priority access to the farm advisory system.
  Member States shall nevertheless ensure that priority is given to
  farmers whose access to an advisory service other than the farm advisory system is most limited. | However Member States may determine,
  based on environmental, economic and social
  criteria, the categories of beneficiaries that are to have priority access to the farm advisory system
  , which may include, inter alia
  : |
| | (a) | those
  farmers whose access to an advisory service other than the farm advisory system is most limited; |

Text proposed by the Commission

Amendment

Beneficiaries, whether or not they receive support under the common agricultural policy, including rural development, may use the farm advisory system on a voluntary basis.

Beneficiaries, whether or not they receive support under the common agricultural policy, including rural development, may use the farm advisory system on a voluntary basis.

However Member States may determine,
  in accordance with objective
  criteria, the categories of beneficiaries that have priority access to the farm advisory system.
  Member States shall nevertheless ensure that priority is given to
  farmers whose access to an advisory service other than the farm advisory system is most limited.

However Member States may determine,
  based on environmental, economic and social
  criteria, the categories of beneficiaries that are to have priority access to the farm advisory system
  , which may include, inter alia
  :

(a)

those
  farmers whose access to an advisory service other than the farm advisory system is most limited;

| (b) | farmers participating in the measures intended to ensure carbon, nutrient and/or energy efficiency described in Chapter 2 of Title III of Regulation (EU) No .../2013[DP]; |
| --- | --- |

(b)

farmers participating in the measures intended to ensure carbon, nutrient and/or energy efficiency described in Chapter 2 of Title III of Regulation (EU) No .../2013[DP];

| (c) | networks operating with limited resources within the meaning of Articles 53, 61 and 62 of Regulation (EU) (EU) No .../2013 [RD]
  . |
| --- | --- |

(c)

networks operating with limited resources within the meaning of Articles 53, 61 and 62 of Regulation (EU) (EU) No .../2013 [RD]
  .

The farm advisory system shall ensure that beneficiaries have access to advice reflecting the specific situation of their holding.

The farm advisory system shall ensure that beneficiaries have access to advice reflecting the specific situation of their holding.

Amendment 54

Proposal for a regulation

Article 15 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.
     
  The Commission may, by means of implementing acts, adopt rules for the uniform implementation of the farm advisory system. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3). | deleted |

Text proposed by the Commission

Amendment

2.
     
  The Commission may, by means of implementing acts, adopt rules for the uniform implementation of the farm advisory system. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).

deleted

Amendment 55

Proposal for a regulation

Article 16 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   In the event that the Union legislation provides for sums to be reduced from the amount referred to in paragraph 1, the Commission shall
  , by means of implementing
  acts,
  set
  the net balance available for EAGF expenditure on the basis of the data referred to in that legislation. | 2.   In the event that the Union legislation provides for sums to be reduced from the amount referred to in paragraph 1, the Commission shall
  be empowered to adopt delegated
  acts
  , in accordance with Article 111
  ,
  setting
  the net balance available for EAGF expenditure on the basis of the data referred to in that legislation. |

Text proposed by the Commission

Amendment

2.   In the event that the Union legislation provides for sums to be reduced from the amount referred to in paragraph 1, the Commission shall
  , by means of implementing
  acts,
  set
  the net balance available for EAGF expenditure on the basis of the data referred to in that legislation.

2.   In the event that the Union legislation provides for sums to be reduced from the amount referred to in paragraph 1, the Commission shall
  be empowered to adopt delegated
  acts
  , in accordance with Article 111
  ,
  setting
  the net balance available for EAGF expenditure on the basis of the data referred to in that legislation.

Amendment 56

Proposal for a regulation

Article 22 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The measures financed pursuant to point (c) of Article 6 shall aim to give the Commission the means to manage Union agricultural markets in a global context, to ensure agri-economic monitoring of agricultural land and of the condition of crops so as to enable estimates to be made
  , in particular
  as regards yields and agricultural production, to share the access to such estimates in an international context, such as initiatives coordinated by United Nations organisations or other international agencies, to contribute to transparency of world markets, and to ensure
  technological
  follow-up of the agri-meteorological system. | The measures financed pursuant to point (c) of Article 6 shall aim to give the Commission the means to manage Union agricultural markets in a global context, to ensure agri-economic
  and agro-ecological
  monitoring of agricultural
  and forest
  land and of the condition of
  the agricultural resource base and
  crops, so as to enable estimates to be made
  ; for example
  as regards yields
  , resource efficiency
  and
  long-term
  agricultural production, to share the access to such estimates in an international context, such as initiatives coordinated by United Nations organisations or other international agencies, to contribute to transparency of world markets, and to ensure follow-up of the agri-meteorological system. |

Text proposed by the Commission

Amendment

The measures financed pursuant to point (c) of Article 6 shall aim to give the Commission the means to manage Union agricultural markets in a global context, to ensure agri-economic monitoring of agricultural land and of the condition of crops so as to enable estimates to be made
  , in particular
  as regards yields and agricultural production, to share the access to such estimates in an international context, such as initiatives coordinated by United Nations organisations or other international agencies, to contribute to transparency of world markets, and to ensure
  technological
  follow-up of the agri-meteorological system.

The measures financed pursuant to point (c) of Article 6 shall aim to give the Commission the means to manage Union agricultural markets in a global context, to ensure agri-economic
  and agro-ecological
  monitoring of agricultural
  and forest
  land and of the condition of
  the agricultural resource base and
  crops, so as to enable estimates to be made
  ; for example
  as regards yields
  , resource efficiency
  and
  long-term
  agricultural production, to share the access to such estimates in an international context, such as initiatives coordinated by United Nations organisations or other international agencies, to contribute to transparency of world markets, and to ensure follow-up of the agri-meteorological system.

Amendment 57

Proposal for a regulation

Article 22 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The measures financed pursuant to point (c) of Article 6 concern the collection or purchase of data needed to implement and monitor the common agricultural policy, including satellite data and meteorological data, the creation of a spatial data infrastructure and a website, the carrying out of specific studies on climatic conditions and the updating of agri-meteorological and econometric models. Where necessary, those measures shall be carried out in collaboration with national laboratories and bodies. | The measures financed pursuant to point (c) of Article 6 concern the collection or purchase of data needed to implement and monitor the common agricultural policy, including satellite data and meteorological data, the creation of a spatial data infrastructure and a website, the carrying out of specific studies on climatic conditions
  , the monitoring of soil health
  and
  soil functionality and
  the updating of agri-meteorological and econometric models. Where necessary, those measures shall be carried out in collaboration with national laboratories and bodies. |

Text proposed by the Commission

Amendment

The measures financed pursuant to point (c) of Article 6 concern the collection or purchase of data needed to implement and monitor the common agricultural policy, including satellite data and meteorological data, the creation of a spatial data infrastructure and a website, the carrying out of specific studies on climatic conditions and the updating of agri-meteorological and econometric models. Where necessary, those measures shall be carried out in collaboration with national laboratories and bodies.

The measures financed pursuant to point (c) of Article 6 concern the collection or purchase of data needed to implement and monitor the common agricultural policy, including satellite data and meteorological data, the creation of a spatial data infrastructure and a website, the carrying out of specific studies on climatic conditions
  , the monitoring of soil health
  and
  soil functionality and
  the updating of agri-meteorological and econometric models. Where necessary, those measures shall be carried out in collaboration with national laboratories and bodies.

Amendment 58

Proposal for a regulation

Article 25 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Council, acting on a proposal from the Commission presented no later than 31 March of the calendar year in respect of which the adjustment referred to in paragraph 1 applies, shall determine the adjustment no later than 30 June of the same calendar year. | 2.   The
  European Parliament and the
  Council, acting on a proposal from the Commission presented no later than 31 March of the calendar year in respect of which the adjustment referred to in paragraph 1 applies, shall determine the adjustment no later than 30 June of the same calendar year. |

Text proposed by the Commission

Amendment

2.   The Council, acting on a proposal from the Commission presented no later than 31 March of the calendar year in respect of which the adjustment referred to in paragraph 1 applies, shall determine the adjustment no later than 30 June of the same calendar year.

2.   The
  European Parliament and the
  Council, acting on a proposal from the Commission presented no later than 31 March of the calendar year in respect of which the adjustment referred to in paragraph 1 applies, shall determine the adjustment no later than 30 June of the same calendar year.

Amendment 59

Proposal for a regulation

Article 25 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   If by 30 June in any year the adjustment rate has not been set, the Commission shall set it by means of an implementing act and shall inform the Council immediately. Such implementing act shall be adopted in accordance with the advisory procedure referred to in Article 112(2). | 3.   If by 30 June in any year the adjustment rate has not been set, the Commission shall set it by means of an implementing act and shall inform the
  European Parliament and the
  Council immediately. Such implementing act shall be adopted in accordance with the advisory procedure referred to in Article 112(2). |

Text proposed by the Commission

Amendment

3.   If by 30 June in any year the adjustment rate has not been set, the Commission shall set it by means of an implementing act and shall inform the Council immediately. Such implementing act shall be adopted in accordance with the advisory procedure referred to in Article 112(2).

3.   If by 30 June in any year the adjustment rate has not been set, the Commission shall set it by means of an implementing act and shall inform the
  European Parliament and the
  Council immediately. Such implementing act shall be adopted in accordance with the advisory procedure referred to in Article 112(2).

Amendment 60

Proposal for a regulation

Article 25 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   Until 1 December,
  on a proposal by the Commission, on the basis of new information in its possession, the Council may adapt
  the adjustment rate for direct payments set in accordance with paragraphs 2 or 3. | 4.   
  If new material information becomes available after the adoption, on the basis of that information, of the decision referred to in paragraphs 2 and 3, the Commission may,
  until 1 December,
  without using either of the procedures referred to in Article 112(2) and (3), adopt implementing acts adapting
  the adjustment rate for direct payments set in accordance with paragraphs 2 or 3. |

Text proposed by the Commission

Amendment

4.   Until 1 December,
  on a proposal by the Commission, on the basis of new information in its possession, the Council may adapt
  the adjustment rate for direct payments set in accordance with paragraphs 2 or 3.

4.   
  If new material information becomes available after the adoption, on the basis of that information, of the decision referred to in paragraphs 2 and 3, the Commission may,
  until 1 December,
  without using either of the procedures referred to in Article 112(2) and (3), adopt implementing acts adapting
  the adjustment rate for direct payments set in accordance with paragraphs 2 or 3.

Amendment 61

Proposal for a regulation

Article 25 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   Before
  applying this Article, account shall first be taken of the amount authorised by the budget authority
  for the Reserve for crises in the agricultural sector referred to in point 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management. | 6.   Before
  submitting the proposal referred to in paragraph 2, the Commission shall determine whether the conditions
  for the
  mobilisation of the
  Reserve for crises in the agricultural sector referred to in point 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management
  have been met, and, if they have, the Commission shall submit a proposal to that effect
  . |

Text proposed by the Commission

Amendment

6.   Before
  applying this Article, account shall first be taken of the amount authorised by the budget authority
  for the Reserve for crises in the agricultural sector referred to in point 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management.

6.   Before
  submitting the proposal referred to in paragraph 2, the Commission shall determine whether the conditions
  for the
  mobilisation of the
  Reserve for crises in the agricultural sector referred to in point 14 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management
  have been met, and, if they have, the Commission shall submit a proposal to that effect
  .

Amendment 62

Proposal for a regulation

Article 26 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   If, on drawing up the draft budget for financial year N, there appears to be a risk that the amount referred to in Article 16 for financial year N will be exceeded, the Commission shall propose to the European Parliament and the Council
  or to the Council
  the measures necessary to ensure compliance with that amount. | 2.   If, on drawing up the draft budget for financial year N, there appears to be a risk that the amount referred to in Article 16 for financial year N will be exceeded, the Commission shall propose to the European Parliament and the Council the measures necessary to ensure compliance with that amount. |

Text proposed by the Commission

Amendment

2.   If, on drawing up the draft budget for financial year N, there appears to be a risk that the amount referred to in Article 16 for financial year N will be exceeded, the Commission shall propose to the European Parliament and the Council
  or to the Council
  the measures necessary to ensure compliance with that amount.

2.   If, on drawing up the draft budget for financial year N, there appears to be a risk that the amount referred to in Article 16 for financial year N will be exceeded, the Commission shall propose to the European Parliament and the Council the measures necessary to ensure compliance with that amount.

Amendment 63

Proposal for a regulation

Article 26 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   At any time, if the Commission considers that there is a risk of the amount referred to in Article 16 being exceeded and that it cannot take adequate measures to remedy the situation under its powers, it shall propose other measures to ensure compliance with that amount. These measures shall be adopted
  by the Council on the basis of Article 43(3) of the Treaty or
  by the European Parliament and the Council on the basis of Article 43(2) of the Treaty. | 3.   At any time, if the Commission considers that there is a risk of the amount referred to in Article 16 being exceeded and that it cannot take adequate measures to remedy the situation under its powers, it shall propose other measures to ensure compliance with that amount. These measures shall be adopted by the European Parliament and the Council on the basis of Article 43(2) of the Treaty. |

Text proposed by the Commission

Amendment

3.   At any time, if the Commission considers that there is a risk of the amount referred to in Article 16 being exceeded and that it cannot take adequate measures to remedy the situation under its powers, it shall propose other measures to ensure compliance with that amount. These measures shall be adopted
  by the Council on the basis of Article 43(3) of the Treaty or
  by the European Parliament and the Council on the basis of Article 43(2) of the Treaty.

3.   At any time, if the Commission considers that there is a risk of the amount referred to in Article 16 being exceeded and that it cannot take adequate measures to remedy the situation under its powers, it shall propose other measures to ensure compliance with that amount. These measures shall be adopted by the European Parliament and the Council on the basis of Article 43(2) of the Treaty.

Amendments 195 and 202

Proposal for a regulation

Article 29

| Text proposed by the Commission | Amendment |
| --- | --- |
| Without prejudice to the eligibility for support under Article 30(2) of Regulation (EU) No RD/xxx,
  expenditure financed under the EAFRD shall not be subject of any other financing under the EU budget. | Expenditure financed under the EAFRD shall not be subject of any other financing under the EU budget. |

Text proposed by the Commission

Amendment

Without prejudice to the eligibility for support under Article 30(2) of Regulation (EU) No RD/xxx,
  expenditure financed under the EAFRD shall not be subject of any other financing under the EU budget.

Expenditure financed under the EAFRD shall not be subject of any other financing under the EU budget.

Amendment 65

Proposal for a regulation

Article 34 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Following the Commission decision approving the programme, an initial prefinancing amount for the whole programming period shall be paid by the Commission. This initial pre-financing amount shall represent
  4 %
  of the EAFRD contribution to the programme concerned. It may be split into a maximum of three instalments depending on budget availability. The first instalment shall represent 2 % of the EAFRD contribution to the programme concerned. | 1.   Following the decision of the Commission approving the
  rural development
  programme, an initial prefinancing amount for the whole programming period shall be paid by the Commission
  to the Member State
  . This initial pre-financing amount shall represent
  7 %
  of the EAFRD contribution to the programme concerned. It may be split into a maximum of three instalments depending on budget availability. The first instalment shall represent 2 % of the EAFRD contribution to the programme concerned. |

Text proposed by the Commission

Amendment

1.   Following the Commission decision approving the programme, an initial prefinancing amount for the whole programming period shall be paid by the Commission. This initial pre-financing amount shall represent
  4 %
  of the EAFRD contribution to the programme concerned. It may be split into a maximum of three instalments depending on budget availability. The first instalment shall represent 2 % of the EAFRD contribution to the programme concerned.

1.   Following the decision of the Commission approving the
  rural development
  programme, an initial prefinancing amount for the whole programming period shall be paid by the Commission
  to the Member State
  . This initial pre-financing amount shall represent
  7 %
  of the EAFRD contribution to the programme concerned. It may be split into a maximum of three instalments depending on budget availability. The first instalment shall represent 2 % of the EAFRD contribution to the programme concerned.

Amendment 66

Proposal for a regulation

Article 35 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Interim payments shall be made for each rural development programme. They shall be calculated by applying the co-financing rate for each measure to the incurred public expenditure pertaining to it. | 1.   Interim payments shall be made for each rural development programme. They shall be calculated by applying the co-financing rate for each measure to the incurred public expenditure pertaining to it
  or to the total eligible expenditure, including public and private expenditure
  . |

Text proposed by the Commission

Amendment

1.   Interim payments shall be made for each rural development programme. They shall be calculated by applying the co-financing rate for each measure to the incurred public expenditure pertaining to it.

1.   Interim payments shall be made for each rural development programme. They shall be calculated by applying the co-financing rate for each measure to the incurred public expenditure pertaining to it
  or to the total eligible expenditure, including public and private expenditure
  .

Amendment 67

Proposal for a regulation

Article 35 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | transmission to the Commission of a declaration of expenditure signed by the accredited paying agency, in accordance with Article 102(1)(c); |

Text proposed by the Commission

Amendment

(a)

transmission to the Commission of a declaration of expenditure signed by the accredited paying agency, in accordance with Article 102(1)(c);

| (a) | transmission to the Commission of a
  monthly
  declaration of expenditure signed by the accredited paying agency, in accordance with Article 102(1)(c); |
| --- | --- |

(a)

transmission to the Commission of a
  monthly
  declaration of expenditure signed by the accredited paying agency, in accordance with Article 102(1)(c);

Amendment 68

Proposal for a regulation

Article 37 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission shall automatically decommit any portion of a budget commitment
  for a rural development programme
  that has not been used for the purpose of prefinancing or making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 35(3) has been presented to it in relation to expenditure incurred by 31 December of the second year following that of the budget commitment. | 1.   The Commission shall automatically decommit any portion of a
  Member State’s
  budget commitment that has not been used for the purpose of prefinancing or making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 35(3) has been presented to it in relation to expenditure incurred by 31 December of the second year following that of the budget commitment. |

Text proposed by the Commission

Amendment

1.   The Commission shall automatically decommit any portion of a budget commitment
  for a rural development programme
  that has not been used for the purpose of prefinancing or making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 35(3) has been presented to it in relation to expenditure incurred by 31 December of the second year following that of the budget commitment.

1.   The Commission shall automatically decommit any portion of a
  Member State’s
  budget commitment that has not been used for the purpose of prefinancing or making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in Article 35(3) has been presented to it in relation to expenditure incurred by 31 December of the second year following that of the budget commitment.

Amendment 69

Proposal for a regulation

Article 37 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  Member States which, because of their federal system of government, submit several rural development programmes, may offset amounts not used by 31 December of the second year following that of the budget commitment for one or more rural development programmes against amounts spent after that date under other rural development programmes. Should any amounts remain to be decommitted after such offsetting, they shall be charged, on a proportional basis, to the rural development programmes in respect of which underspends have been recorded. |

Text proposed by the Commission

Amendment

1a.
     
  Member States which, because of their federal system of government, submit several rural development programmes, may offset amounts not used by 31 December of the second year following that of the budget commitment for one or more rural development programmes against amounts spent after that date under other rural development programmes. Should any amounts remain to be decommitted after such offsetting, they shall be charged, on a proportional basis, to the rural development programmes in respect of which underspends have been recorded.

Amendment 70

Proposal for a regulation

Article 37 — paragraph 4 — subparagraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | that part of the budget commitments which concerns aid pursuant to points (b) and (c) of Article 37(1)of Regulation (EU) No .../2013[RD]. |

Text proposed by the Commission

Amendment

(ba)

that part of the budget commitments which concerns aid pursuant to points (b) and (c) of Article 37(1)of Regulation (EU) No .../2013[RD].

Amendment 71

Proposal for a regulation

Article 38

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 38 | deleted |
| Budget Commitments | |
| The Commission Decision adopting the list of the projects to which the Prize for innovative, local cooperation is awarded, as referred to in Article 58(4) of Regulation (EU) No RD/xxx shall constitute a financing decision within the meaning of Article [75(2)] of Regulation (EU) No FR/xxx. | |
| Following the adoption of the Decision referred to in the first paragraph, the Commission shall made a budget commitment by Member State for the total amount of the prizes granted to projects in that Member State within the limit referred to in Article 51(2) of Regulation (EU) No RD/xxx. | |

Text proposed by the Commission

Amendment

Article 38

deleted

Budget Commitments

The Commission Decision adopting the list of the projects to which the Prize for innovative, local cooperation is awarded, as referred to in Article 58(4) of Regulation (EU) No RD/xxx shall constitute a financing decision within the meaning of Article [75(2)] of Regulation (EU) No FR/xxx.

Following the adoption of the Decision referred to in the first paragraph, the Commission shall made a budget commitment by Member State for the total amount of the prizes granted to projects in that Member State within the limit referred to in Article 51(2) of Regulation (EU) No RD/xxx.

Amendment 72

Proposal for a regulation

Article 39

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 39 | deleted |
| Payments to the Member States | |
| 1.
     
  Within the framework of the interim payments referred to in Article 35, the Commission shall make payments in order to reimburse the expenditure incurred by accredited paying agencies in awarding the Prizes referred to in this Section in the limits of the available budget commitments for the Member States concerned. | |
| 2.
     
  Each payment shall be subject to the transmission to the Commission of a declaration of expenditure signed by the accredited paying agency, in accordance with Article 102(1)(c). | |
| 3.
     
  Accredited paying agencies shall establish and forward, either directly or via the intermediary of the coordinating body, where one has been appointed, declarations of expenditure relating to the Prize for innovative, local cooperation to the Commission, within periods set by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 112(3). | |
| Declarations of expenditure shall cover expenditure that the paying agencies have incurred during each of the periods concerned. | |

Text proposed by the Commission

Amendment

Article 39

deleted

Payments to the Member States

1.
     
  Within the framework of the interim payments referred to in Article 35, the Commission shall make payments in order to reimburse the expenditure incurred by accredited paying agencies in awarding the Prizes referred to in this Section in the limits of the available budget commitments for the Member States concerned.

2.
     
  Each payment shall be subject to the transmission to the Commission of a declaration of expenditure signed by the accredited paying agency, in accordance with Article 102(1)(c).

3.
     
  Accredited paying agencies shall establish and forward, either directly or via the intermediary of the coordinating body, where one has been appointed, declarations of expenditure relating to the Prize for innovative, local cooperation to the Commission, within periods set by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 112(3).

Declarations of expenditure shall cover expenditure that the paying agencies have incurred during each of the periods concerned.

Amendment 73

Proposal for a regulation

Article 40

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 40 | deleted |
| Automatic decommitment for the Prize for innovative, local cooperation | |
| The Commission shall automatically decommit the amounts referred to in the second subparagraph of Article 38 that have not been used for reimbursing the Member States as laid down in Article 39 or for which no declaration of expenditure meeting the conditions laid down in that Article has been presented to it in relation to expenditure incurred by 31 December of the second year following that of the budget commitment. | |
| Article 37(3), (4) and (5) shall apply mutatis mutandis. | |

Text proposed by the Commission

Amendment

Article 40

deleted

Automatic decommitment for the Prize for innovative, local cooperation

The Commission shall automatically decommit the amounts referred to in the second subparagraph of Article 38 that have not been used for reimbursing the Member States as laid down in Article 39 or for which no declaration of expenditure meeting the conditions laid down in that Article has been presented to it in relation to expenditure incurred by 31 December of the second year following that of the budget commitment.

Article 37(3), (4) and (5) shall apply mutatis mutandis.

Amendment 74

Proposal for a regulation

Article 42 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Where the latest possible date of payment is not respected by the Member States, they shall pay the beneficiaries default interests
  , supported from the national budget
  . | 2.   Where the latest possible date of payment is not respected by the Member States, they shall pay the beneficiaries default interests.
  This paragraph shall not apply in cases where the payment delay is not the fault of the Member State concerned. |

Text proposed by the Commission

Amendment

2.   Where the latest possible date of payment is not respected by the Member States, they shall pay the beneficiaries default interests
  , supported from the national budget
  .

2.   Where the latest possible date of payment is not respected by the Member States, they shall pay the beneficiaries default interests.
  This paragraph shall not apply in cases where the payment delay is not the fault of the Member State concerned.

Amendments 196, 197, 198 and 199

Proposal for a regulation

Article 43 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission may, by way of implementing acts, reduce or suspend the monthly or interim payments to a Member State if
  all
  of the following conditions are met: | 2.   The Commission may, by way of implementing acts, reduce or suspend the monthly or interim payments to a Member State if
  one or more of the key components of the national control system in question do not exist or are not effective due to the gravity or persistence of the deficiencies found, or irregular payments are not being recovered with the necessary diligence and if one
  of the following conditions are met: |
| (a) | one or more of the key components of the national control system in question do not exist or are not effective due to the gravity or persistence of the deficiencies found, or irregular payments are not being recovered with the necessary diligence; |

Text proposed by the Commission

Amendment

2.   The Commission may, by way of implementing acts, reduce or suspend the monthly or interim payments to a Member State if
  all
  of the following conditions are met:

2.   The Commission may, by way of implementing acts, reduce or suspend the monthly or interim payments to a Member State if
  one or more of the key components of the national control system in question do not exist or are not effective due to the gravity or persistence of the deficiencies found, or irregular payments are not being recovered with the necessary diligence and if one
  of the following conditions are met:

(a)

one or more of the key components of the national control system in question do not exist or are not effective due to the gravity or persistence of the deficiencies found, or irregular payments are not being recovered with the necessary diligence;

deleted

| (b) | the deficiencies referred to
  in point (a)
  are of a continuous nature and have been the reason for at least two implementing acts pursuant to Article 54, excluding from Union financing expenditure from the Member State concerned;
  and |
| --- | --- |

(b)

the deficiencies referred to
  in point (a)
  are of a continuous nature and have been the reason for at least two implementing acts pursuant to Article 54, excluding from Union financing expenditure from the Member State concerned;
  and

| (b) | either
  the deficiencies referred to
  above
  are of a continuous nature and have been the reason for at least two implementing acts pursuant to Article 54, excluding from Union financing expenditure from the Member State concerned;
  or |
| --- | --- |

(b)

either
  the deficiencies referred to
  above
  are of a continuous nature and have been the reason for at least two implementing acts pursuant to Article 54, excluding from Union financing expenditure from the Member State concerned;
  or

| (c) | the Commission concludes that the Member State concerned is not in a position to implement the necessary
  measures to remedy the situation in the immediate future
  . |
| --- | --- |

(c)

the Commission concludes that the Member State concerned is not in a position to implement the necessary
  measures to remedy the situation in the immediate future
  .

| (c) | the Commission concludes that the Member State concerned is not in a position to implement the necessary
  remedial measures in the immediate future, in accordance with an action plan with clear progress indicators, to be established in consultation with the Commission
  . |
| --- | --- |

(c)

the Commission concludes that the Member State concerned is not in a position to implement the necessary
  remedial measures in the immediate future, in accordance with an action plan with clear progress indicators, to be established in consultation with the Commission
  .

Amendment 75

Proposal for a regulation

Article 44 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| When
  sectoral agricultural legislation requires Member States to submit, within a specific period of time, information on the
  numbers
  of checks carried out and their outcome and the Member States overrun that period, the Commission may suspend the monthly payments referred to in Article 18 or the interim payments referred to in Article 35 for which the relevant statistical information has not been sent in time. | Where
  sectoral agricultural legislation requires Member States to submit, within a specific period of time, information on the
  number
  of checks carried out
  under Article 61
  and their outcome and
  where
  the Member States overrun that period, the Commission may suspend
  the
  monthly payments referred to in Article 18 or the interim payments referred to in Article 35 for which the relevant statistical information has not been sent in time
  provided that the Commission has made available to the Member States in good time prior to the start of the reference period all the information, forms and explanations they need to compile the relevant statistics. In doing so, the Commission shall act in accordance with the principle of proportionality and the detailed rules it has adopted on the basis of Article 48(5), taking account of the extent of the delay. In particular, the Commission shall clearly distinguish between a situation where the late submission of information places the annual budget discharge mechanism at risk and a situation where such a risk does not exist. Before suspending the monthly payments the Commission shall notify in writing the Member State concerned. |

Text proposed by the Commission

Amendment

When
  sectoral agricultural legislation requires Member States to submit, within a specific period of time, information on the
  numbers
  of checks carried out and their outcome and the Member States overrun that period, the Commission may suspend the monthly payments referred to in Article 18 or the interim payments referred to in Article 35 for which the relevant statistical information has not been sent in time.

Where
  sectoral agricultural legislation requires Member States to submit, within a specific period of time, information on the
  number
  of checks carried out
  under Article 61
  and their outcome and
  where
  the Member States overrun that period, the Commission may suspend
  the
  monthly payments referred to in Article 18 or the interim payments referred to in Article 35 for which the relevant statistical information has not been sent in time
  provided that the Commission has made available to the Member States in good time prior to the start of the reference period all the information, forms and explanations they need to compile the relevant statistics. In doing so, the Commission shall act in accordance with the principle of proportionality and the detailed rules it has adopted on the basis of Article 48(5), taking account of the extent of the delay. In particular, the Commission shall clearly distinguish between a situation where the late submission of information places the annual budget discharge mechanism at risk and a situation where such a risk does not exist. Before suspending the monthly payments the Commission shall notify in writing the Member State concerned.

Amendment 76

Proposal for a regulation

Article 47 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| It shall supply coherent, objective and comprehensive information, both inside and outside the Union, in order to give an overall picture of that policy. | It shall supply coherent, objective and comprehensive information, both inside and outside the Union, in order to give an
  accurate
  overall picture of that policy. |

Text proposed by the Commission

Amendment

It shall supply coherent, objective and comprehensive information, both inside and outside the Union, in order to give an overall picture of that policy.

It shall supply coherent, objective and comprehensive information, both inside and outside the Union, in order to give an
  accurate
  overall picture of that policy.

Amendment 77

Proposal for a regulation

Article 48 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 6.   The Commission
  may lay down, by means of implementing acts,
  further details on the obligation laid down in Article 46 as well as the specific conditions applying to the information to be booked in the accounts kept by the paying agencies.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3). | 6.   The Commission
  shall be empowered to adopt delegated acts, in accordance with Article 111, laying down
  further details on the obligation laid down in Article 46 as well as the specific conditions applying to the information to be booked in the accounts kept by the paying agencies. |

Text proposed by the Commission

Amendment

6.   The Commission
  may lay down, by means of implementing acts,
  further details on the obligation laid down in Article 46 as well as the specific conditions applying to the information to be booked in the accounts kept by the paying agencies.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).

6.   The Commission
  shall be empowered to adopt delegated acts, in accordance with Article 111, laying down
  further details on the obligation laid down in Article 46 as well as the specific conditions applying to the information to be booked in the accounts kept by the paying agencies.

Amendment 78

Proposal for a regulation

Article 48 — paragraph 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 6a.
     
  The Commission shall be empowered to adopt delegated acts, in accordance with Article 111, laying down further rules on the payment by the Member States of default interests to the beneficiaries as referred to in Article 42(2). |

Text proposed by the Commission

Amendment

6a.
     
  The Commission shall be empowered to adopt delegated acts, in accordance with Article 111, laying down further rules on the payment by the Member States of default interests to the beneficiaries as referred to in Article 42(2).

Amendment 79

Proposal for a regulation

Article 48 — paragraph 7 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | rules on the payment by the Member States of default interests to the beneficiaries as referred to in Article 42(2). |

Text proposed by the Commission

Amendment

(c)

rules on the payment by the Member States of default interests to the beneficiaries as referred to in Article 42(2).

deleted

Amendment 80

Proposal for a regulation

Article 49 — paragraph 1 — subparagraph 1 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | whether a paying agency complies with the accreditation criteria laid down in Article 7(2) and whether the Member State correctly applies the provisions of Article 7(5); |

Text proposed by the Commission

Amendment

(ca)

whether a paying agency complies with the accreditation criteria laid down in Article 7(2) and whether the Member State correctly applies the provisions of Article 7(5);

Amendment 81

Proposal for a regulation

Article 49 — paragraph 1 — subparagraph 1 — point c b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (cb) | the work which the certification bodies are required to carry under Article 9; |

Text proposed by the Commission

Amendment

(cb)

the work which the certification bodies are required to carry under Article 9;

Amendment 82

Proposal for a regulation

Article 49 — paragraph 1 — subparagraph 1 — point c c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (cc) | compliance with the obligations laid down in Article 56(1). |

Text proposed by the Commission

Amendment

(cc)

compliance with the obligations laid down in Article 56(1).

Amendment 83

Proposal for a regulation

Article 49 — paragraph 2 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission shall give sufficient prior notice of an on-the-spot check to the Member State concerned or the Member State within whose territory the check is to take place. Agents from the Member State concerned may take part in such checks. | 2.   The Commission shall give sufficient prior notice of an on-the-spot check to the Member State concerned or the Member State within whose territory the check is to take place
  and shall coordinate checks with a view to reducing any negative impact on paying agencies.
  Agents from the Member State concerned may take part in such checks. |

Text proposed by the Commission

Amendment

2.   The Commission shall give sufficient prior notice of an on-the-spot check to the Member State concerned or the Member State within whose territory the check is to take place. Agents from the Member State concerned may take part in such checks.

2.   The Commission shall give sufficient prior notice of an on-the-spot check to the Member State concerned or the Member State within whose territory the check is to take place
  and shall coordinate checks with a view to reducing any negative impact on paying agencies.
  Agents from the Member State concerned may take part in such checks.

Amendment 84

Proposal for a regulation

Article 50 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Member States shall make available to the Commission all information about irregularities
  and suspected fraud cases
  detected, and about the steps taken to recover undue payments in connection with those irregularities and frauds pursuant to Section III of this Chapter. | 3.   Member States shall make available to the Commission all information about irregularities detected and about the steps taken to recover undue payments in connection with those irregularities and frauds pursuant to Section III of this Chapter. |

Text proposed by the Commission

Amendment

3.   Member States shall make available to the Commission all information about irregularities
  and suspected fraud cases
  detected, and about the steps taken to recover undue payments in connection with those irregularities and frauds pursuant to Section III of this Chapter.

3.   Member States shall make available to the Commission all information about irregularities detected and about the steps taken to recover undue payments in connection with those irregularities and frauds pursuant to Section III of this Chapter.

Amendment 85

Proposal for a regulation

Article 51 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| The accredited paying agencies shall keep supporting documents relating to payments made and documents relating to the performance of the administrative and physical checks required by Union legislation, and shall make the documents and information available to the Commission. | The accredited paying agencies shall keep supporting documents relating to payments made and documents relating to the performance of the administrative and physical checks required by Union legislation, and shall make the documents and information available to the Commission.
  Such supporting documents may be kept in electronic form. |

Text proposed by the Commission

Amendment

The accredited paying agencies shall keep supporting documents relating to payments made and documents relating to the performance of the administrative and physical checks required by Union legislation, and shall make the documents and information available to the Commission.

The accredited paying agencies shall keep supporting documents relating to payments made and documents relating to the performance of the administrative and physical checks required by Union legislation, and shall make the documents and information available to the Commission.
  Such supporting documents may be kept in electronic form.

Amendment 86

Proposal for a regulation

Article 52 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission
  may, by means of implementing acts, lay
  down rules regarding: | The Commission
  shall be empowered to adopt delegated acts, in accordance with Article 111, laying
  down rules regarding: |

Text proposed by the Commission

Amendment

The Commission
  may, by means of implementing acts, lay
  down rules regarding:

The Commission
  shall be empowered to adopt delegated acts, in accordance with Article 111, laying
  down rules regarding:

Amendment 87

Proposal for a regulation

Article 52 — paragraph 1 — point c a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ca) | the conditions, under which the electronic storage of supporting documents referred to in the first subparagraph of Article 51 is to be performed, including its form and duration. |

Text proposed by the Commission

Amendment

(ca)

the conditions, under which the electronic storage of supporting documents referred to in the first subparagraph of Article 51 is to be performed, including its form and duration.

Amendment 88

Proposal for a regulation

Article 52 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The implementing acts provided for in the first paragraph shall be adopted in accordance with the examination procedure referred to in Article 112(3). | deleted |

Text proposed by the Commission

Amendment

The implementing acts provided for in the first paragraph shall be adopted in accordance with the examination procedure referred to in Article 112(3).

deleted

Amendment 89

Proposal for a regulation

Article 54 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission shall assess the amounts to be excluded on the basis of the gravity of the non-conformity recorded. It shall take due account of the nature
  and gravity
  of the infringement and of the
  financial damage caused
  to the
  Union
  . | 2.   The Commission shall assess the amounts to be excluded on the basis of the gravity of the non-conformity recorded. It shall take due account of the nature of the infringement and
  it shall base the amounts excluded on an assessment
  of the
  risk
  to the
  agricultural funds stemming from the infringement
  . |

Text proposed by the Commission

Amendment

2.   The Commission shall assess the amounts to be excluded on the basis of the gravity of the non-conformity recorded. It shall take due account of the nature
  and gravity
  of the infringement and of the
  financial damage caused
  to the
  Union
  .

2.   The Commission shall assess the amounts to be excluded on the basis of the gravity of the non-conformity recorded. It shall take due account of the nature of the infringement and
  it shall base the amounts excluded on an assessment
  of the
  risk
  to the
  agricultural funds stemming from the infringement
  .

Amendment 90

Proposal for a regulation

Article 54 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The Commission shall base its financial corrections on individual cases of irregularity identified, or by taking account of the systemic nature of the irregularity to determine whether an extrapolated or flat rate correction should be applied. |
| | Flat rate corrections shall only be applied where it is impossible, due to the nature of the case, to either identify the extent and amount of the irregularity found or to extrapolate the amount to be corrected |

Text proposed by the Commission

Amendment

2a.
     
  The Commission shall base its financial corrections on individual cases of irregularity identified, or by taking account of the systemic nature of the irregularity to determine whether an extrapolated or flat rate correction should be applied.

Flat rate corrections shall only be applied where it is impossible, due to the nature of the case, to either identify the extent and amount of the irregularity found or to extrapolate the amount to be corrected

Amendment 91

Proposal for a regulation

Article 54 — paragraph 3 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Before the adoption of any decision to refuse financing, the findings from the Commission's inspection and the Member State's replies shall be notified in writing, following which the two parties shall attempt to reach agreement on the action to be taken. | 3.   Before the adoption of any decision to refuse financing, the findings from the Commission's inspection and the Member State's replies shall be notified in writing, following which the two parties shall attempt to reach agreement on the action to be taken.
  In this context the Member States shall be given the opportunity to demonstrate, through an examination of the documentation concerned, that the actual extent of irregularity is less than the Commission's assessment. |

Text proposed by the Commission

Amendment

3.   Before the adoption of any decision to refuse financing, the findings from the Commission's inspection and the Member State's replies shall be notified in writing, following which the two parties shall attempt to reach agreement on the action to be taken.

3.   Before the adoption of any decision to refuse financing, the findings from the Commission's inspection and the Member State's replies shall be notified in writing, following which the two parties shall attempt to reach agreement on the action to be taken.
  In this context the Member States shall be given the opportunity to demonstrate, through an examination of the documentation concerned, that the actual extent of irregularity is less than the Commission's assessment.

Amendment 92

Proposal for a regulation

Article 54 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| If agreement is not reached, the Member State may request opening of a procedure aimed at reconciling each party's position within four months. A report of the outcome of the procedure shall be given to the Commission, which shall
  examine it
  before deciding on any refusal of financing. | If agreement is not reached, the Member State may request opening of a procedure aimed at reconciling each party's position within four months. A report of the outcome of the procedure shall be given to the Commission, which shall
  take into account the report's recommendations
  before deciding on any refusal of financing.
  The Commission shall give reasons if it does not decide to follow the recommendations in the report. |

Text proposed by the Commission

Amendment

If agreement is not reached, the Member State may request opening of a procedure aimed at reconciling each party's position within four months. A report of the outcome of the procedure shall be given to the Commission, which shall
  examine it
  before deciding on any refusal of financing.

If agreement is not reached, the Member State may request opening of a procedure aimed at reconciling each party's position within four months. A report of the outcome of the procedure shall be given to the Commission, which shall
  take into account the report's recommendations
  before deciding on any refusal of financing.
  The Commission shall give reasons if it does not decide to follow the recommendations in the report.

Amendment 93

Proposal for a regulation

Article 54 — paragraph 5 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | national aids
  or infringements
  for which the procedure laid down in Article 108 or Article 258 of the Treaty

  respectively has begun
  ; |

Text proposed by the Commission

Amendment

(b)

national aids
  or infringements
  for which the procedure laid down in Article 108 or Article 258 of the Treaty

  respectively has begun
  ;

| (b) | national aids for which the procedure laid down in Article 108
  (2) TFEU has been initiated by the Commission
  or
  infringements which the Commission has notified to the Member State concerned by a letter of formal notice in accordance with
  Article 258 TFEU; |
| --- | --- |

(b)

national aids for which the procedure laid down in Article 108
  (2) TFEU has been initiated by the Commission
  or
  infringements which the Commission has notified to the Member State concerned by a letter of formal notice in accordance with
  Article 258 TFEU;

Amendment 94

Proposal for a regulation

Article 55 — paragraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| The Commission shall
  , by means of implementing
  acts
  , lay
  down rules
  for the implementation of
  : | The Commission shall
  be empowered to adopt delegated
  acts,
  in accordance with Article 111, laying
  down
  objectives for the various phases of the clearance of accounts procedure, the respective roles and responsibilities of the different parties involved as well as
  rules
  concerning
  : |

Text proposed by the Commission

Amendment

The Commission shall
  , by means of implementing
  acts
  , lay
  down rules
  for the implementation of
  :

The Commission shall
  be empowered to adopt delegated
  acts,
  in accordance with Article 111, laying
  down
  objectives for the various phases of the clearance of accounts procedure, the respective roles and responsibilities of the different parties involved as well as
  rules
  concerning
  :

Amendment 95

Proposal for a regulation

Article 55 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the conformity clearance provided for in Article 54 with regard to the measures to be taken in connection with the adoption of the decision and its implementation, including the information exchange between the Commission and the Member States
  and
  the deadlines to be respected as well as the conciliation procedure provided for in that Article, including the establishment, tasks, composition and working arrangements of the conciliation body. |

Text proposed by the Commission

Amendment

(b)

the conformity clearance provided for in Article 54 with regard to the measures to be taken in connection with the adoption of the decision and its implementation, including the information exchange between the Commission and the Member States
  and
  the deadlines to be respected as well as the conciliation procedure provided for in that Article, including the establishment, tasks, composition and working arrangements of the conciliation body.

| (b) | the conformity clearance provided for in Article 54 with regard to the measures to be taken in connection with the adoption of the decision and its implementation, including the information exchange between the Commission and the Member States, the
  rates of co-financing corrections to be applied, the
  deadlines to be respected as well as the conciliation procedure provided for in that Article, including the establishment, tasks, composition and working arrangements of the conciliation body. |
| --- | --- |

(b)

the conformity clearance provided for in Article 54 with regard to the measures to be taken in connection with the adoption of the decision and its implementation, including the information exchange between the Commission and the Member States, the
  rates of co-financing corrections to be applied, the
  deadlines to be respected as well as the conciliation procedure provided for in that Article, including the establishment, tasks, composition and working arrangements of the conciliation body.

Amendment 96

Proposal for a regulation

Article 55 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| The implementing acts provided for in the first paragraph shall be adopted in accordance with the examination procedure referred to in Article 112(3). | deleted |

Text proposed by the Commission

Amendment

The implementing acts provided for in the first paragraph shall be adopted in accordance with the examination procedure referred to in Article 112(3).

deleted

Amendment 97

Proposal for a regulation

Article 56 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   For any undue payment following the occurrence of irregularity or negligence, Member States shall request recovery from the beneficiary within one year
  of the first indication that such
  an
  irregular has taken place and shall record the
  corresponding amounts in the debtors' ledger of the paying agency. | 1.   For any undue payment following the occurrence of irregularity or negligence, Member States shall request recovery from the beneficiary within one year
  after the approval
  and
  , where applicable, reception, by
  the
  paying agency or body responsible for the recovery of a control report or similar document, stating
  that an
  irregularity
  has taken place
  . The
  corresponding amounts
  shall be recorded at the same time of the recovery request
  in the debtors' ledger of the paying agency. |

Text proposed by the Commission

Amendment

1.   For any undue payment following the occurrence of irregularity or negligence, Member States shall request recovery from the beneficiary within one year
  of the first indication that such
  an
  irregular has taken place and shall record the
  corresponding amounts in the debtors' ledger of the paying agency.

1.   For any undue payment following the occurrence of irregularity or negligence, Member States shall request recovery from the beneficiary within one year
  after the approval
  and
  , where applicable, reception, by
  the
  paying agency or body responsible for the recovery of a control report or similar document, stating
  that an
  irregularity
  has taken place
  . The
  corresponding amounts
  shall be recorded at the same time of the recovery request
  in the debtors' ledger of the paying agency.

Amendment 98

Proposal for a regulation

Article 56 — paragraph 2 — subparagraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | However, if, for reasons not attributable to the Member State concerned, it is not possible for recovery to take place within the time limit specified in the first subparagraph and if the amount to be recovered exceeds EUR 1 million, the Commission may, at the request of the Member State, extend the time limit by a period up to half of the original period. |

Text proposed by the Commission

Amendment

However, if, for reasons not attributable to the Member State concerned, it is not possible for recovery to take place within the time limit specified in the first subparagraph and if the amount to be recovered exceeds EUR 1 million, the Commission may, at the request of the Member State, extend the time limit by a period up to half of the original period.

Amendment 99

Proposal for a regulation

Article 56 — paragraph 3 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | if the costs already and likely to be incurred total more than the amount to be recovered, or |

Text proposed by the Commission

Amendment

(a)

if the costs already and likely to be incurred total more than the amount to be recovered, or

| (a) | if the costs already and likely to be incurred total more than the amount to be recovered
  ; this condition shall be deemed to have been met if the amount to be recovered from the beneficiary in the context of a single payment does not exceed EUR 300;
  or |
| --- | --- |

(a)

if the costs already and likely to be incurred total more than the amount to be recovered
  ; this condition shall be deemed to have been met if the amount to be recovered from the beneficiary in the context of a single payment does not exceed EUR 300;
  or

Amendment 100

Proposal for a regulation

Article 57 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| When the Union budget is credited as referred in the first paragraph, the Member State may retain
  10 %
  of the corresponding amounts as flat rate recovery costs, except in cases of irregularity or negligence attributable to its administrative authorities or other official bodies. | When the Union budget is credited as referred in the first paragraph, the Member State may retain
  20 %
  of the corresponding amounts as flat rate recovery costs, except in cases of irregularity or negligence attributable to its administrative authorities or other official bodies. |

Text proposed by the Commission

Amendment

When the Union budget is credited as referred in the first paragraph, the Member State may retain
  10 %
  of the corresponding amounts as flat rate recovery costs, except in cases of irregularity or negligence attributable to its administrative authorities or other official bodies.

When the Union budget is credited as referred in the first paragraph, the Member State may retain
  20 %
  of the corresponding amounts as flat rate recovery costs, except in cases of irregularity or negligence attributable to its administrative authorities or other official bodies.

Amendment 101

Proposal for a regulation

Article 59

| Text proposed by the Commission | Amendment |
| --- | --- |
| In order to ensure correct and efficient application of the provisions relating to recovery set out in this Section, the Commission shall be empowered to adopt delegated act in accordance with Article 111 concerning specific obligations to be complied with by the Member States. | In order to ensure correct and efficient application of the provisions relating to
  the conditions and procedures for the
  recovery
  of debts and the default interest thereon
  set out in this Section, the Commission shall be empowered to adopt delegated act in accordance with Article 111 concerning specific obligations to be complied with by the Member States. |

Text proposed by the Commission

Amendment

In order to ensure correct and efficient application of the provisions relating to recovery set out in this Section, the Commission shall be empowered to adopt delegated act in accordance with Article 111 concerning specific obligations to be complied with by the Member States.

In order to ensure correct and efficient application of the provisions relating to
  the conditions and procedures for the
  recovery
  of debts and the default interest thereon
  set out in this Section, the Commission shall be empowered to adopt delegated act in accordance with Article 111 concerning specific obligations to be complied with by the Member States.

Amendment 102

Proposal for a regulation

Article 60 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | offer
  effective prevention against fraud, especially as regards the areas with a higher level of risk, and which shall act as a deterrent, having regard to the costs and benefits as well as the proportionality of the measures; |

Text proposed by the Commission

Amendment

(b)

offer
  effective prevention against fraud, especially as regards the areas with a higher level of risk, and which shall act as a deterrent, having regard to the costs and benefits as well as the proportionality of the measures;

| (b) | ensure
  effective prevention against fraud, especially as regards the areas with a higher level of risk, and which shall act as a deterrent, having regard to the costs and benefits as well as the proportionality of the measures; |
| --- | --- |

(b)

ensure
  effective prevention against fraud, especially as regards the areas with a higher level of risk, and which shall act as a deterrent, having regard to the costs and benefits as well as the proportionality of the measures;

Amendment 103

Proposal for a regulation

Article 60 — paragraph 1 — point e a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ea) | prevent undue environmental and public health costs, especially to avoid funding of activities under the CAP which generate additional costs to other policy areas within the general budget of the European Union, especially the environment and public health. |

Text proposed by the Commission

Amendment

(ea)

prevent undue environmental and public health costs, especially to avoid funding of activities under the CAP which generate additional costs to other policy areas within the general budget of the European Union, especially the environment and public health.

Amendment 104

Proposal for a regulation

Article 60 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States shall set up efficient management and control systems in order to ensure compliance with the legislation governing Union support schemes. | 2.   Member States shall set up efficient
  , proportionate and risk-based
  management and control systems in order to ensure compliance with the legislation governing Union support schemes. |

Text proposed by the Commission

Amendment

2.   Member States shall set up efficient management and control systems in order to ensure compliance with the legislation governing Union support schemes.

2.   Member States shall set up efficient
  , proportionate and risk-based
  management and control systems in order to ensure compliance with the legislation governing Union support schemes.

Amendment 105

Proposal for a regulation

Article 60 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  The introduction of new payment systems, which would in turn necessitate the introduction of new greening-related monitoring and penalty systems, is to be avoided as this would create a need for additional, complicated administrative procedures and more red tape. |

Text proposed by the Commission

Amendment

2a.
     
  The introduction of new payment systems, which would in turn necessitate the introduction of new greening-related monitoring and penalty systems, is to be avoided as this would create a need for additional, complicated administrative procedures and more red tape.

Amendment 106

Proposal for a regulation

Article 60 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   
  The Commission may, by means of implementing acts, adopt rules aiming at reaching a uniform application
  of paragraphs 1 and 2 of this Article. | 4.   
  In order to ensure that the objectives
  of paragraphs 1 and 2 of this Article
  are achieved correctly and efficiently
  ,
  the Commission shall be empowered to adopt delegated acts, in accordance with Article 111, laying down specific obligations for the Member States. |

Text proposed by the Commission

Amendment

4.   
  The Commission may, by means of implementing acts, adopt rules aiming at reaching a uniform application
  of paragraphs 1 and 2 of this Article.

4.   
  In order to ensure that the objectives
  of paragraphs 1 and 2 of this Article
  are achieved correctly and efficiently
  ,
  the Commission shall be empowered to adopt delegated acts, in accordance with Article 111, laying down specific obligations for the Member States.

Amendment 107

Proposal for a regulation

Article 60 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3). | deleted |

Text proposed by the Commission

Amendment

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).

deleted

Amendment 108

Proposal for a regulation

Article 61

| Text proposed by the Commission | Amendment |
| --- | --- |
| | -1.
     
  The Commission shall adopt delegated acts, in accordance with Article 111 regarding rules on the minimum level of on-the-spot checks necessary for an effective and proportionate management of risk. Those rules shall specify the circumstances in which Member States have to adjust the number of on-the-spot checks depending on the level of inherent risk, and shall provide for the possibility to reduce the number of checks where the error rates are at an acceptable level and the management and control systems in place work properly; |
| 1.   The system set up by the Member States in accordance with Article 60(2) shall include, except where otherwise provided, systematic administrative checking of all aid applications and shall be supplemented by on-the-spot checks. | 1.   The system set up by the Member States in accordance with Article 60(2) shall include, except where otherwise provided, systematic administrative checking of all aid applications and
  payment claims
  and shall be supplemented by on-the-spot checks
  the purpose of which shall be to monitor compliance with the provisions of the aid schemes and the level of inherent risk and whose number shall be adjusted in light of that purpose
  . |
| 2.   As regards the on-the-spot checks, the authority responsible shall draw its check sample from the entire population of applicants comprising, where appropriate, a random part and a risk-based part in order to obtain a representative error rate, while targeting also highest
  errors
  . | 2.   As regards the on-the-spot checks, the authority responsible shall draw its check sample from the entire population of applicants comprising, where appropriate, a random part and a risk-based part in order to obtain a representative error rate, while targeting also
  the areas in which the risk of error is
  highest. |
| | To ensure that the checks are proportionate, account needs to be taken of factors including: |
| | — | the size of the sums involved; |

Text proposed by the Commission

Amendment

-1.
     
  The Commission shall adopt delegated acts, in accordance with Article 111 regarding rules on the minimum level of on-the-spot checks necessary for an effective and proportionate management of risk. Those rules shall specify the circumstances in which Member States have to adjust the number of on-the-spot checks depending on the level of inherent risk, and shall provide for the possibility to reduce the number of checks where the error rates are at an acceptable level and the management and control systems in place work properly;

1.   The system set up by the Member States in accordance with Article 60(2) shall include, except where otherwise provided, systematic administrative checking of all aid applications and shall be supplemented by on-the-spot checks.

1.   The system set up by the Member States in accordance with Article 60(2) shall include, except where otherwise provided, systematic administrative checking of all aid applications and
  payment claims
  and shall be supplemented by on-the-spot checks
  the purpose of which shall be to monitor compliance with the provisions of the aid schemes and the level of inherent risk and whose number shall be adjusted in light of that purpose
  .

2.   As regards the on-the-spot checks, the authority responsible shall draw its check sample from the entire population of applicants comprising, where appropriate, a random part and a risk-based part in order to obtain a representative error rate, while targeting also highest
  errors
  .

2.   As regards the on-the-spot checks, the authority responsible shall draw its check sample from the entire population of applicants comprising, where appropriate, a random part and a risk-based part in order to obtain a representative error rate, while targeting also
  the areas in which the risk of error is
  highest.

To ensure that the checks are proportionate, account needs to be taken of factors including:

—

the size of the sums involved;

| — | the outcome of earlier audits of the management and control systems; |
| --- | --- |

—

the outcome of earlier audits of the management and control systems;

| — | voluntary participation in management schemes certified on the basis of recognised international standards. |
| --- | --- |

—

voluntary participation in management schemes certified on the basis of recognised international standards.

Amendment 109

Proposal for a regulation

Article 64

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   In order to ensure correct and efficient
  application of the checks
  and that the verification of the eligibility conditions is carried out in an efficient, coherent and non-discriminatory way which protects the financial interest of the Union, the Commission shall be empowered to adopt delegated acts in accordance with Article 111 concerning
  the situations where beneficiaries or their representatives prevent checks from being carried out. | 1.   In order to ensure
  that the application of the checks is
  correct and efficient and that the verification of the eligibility conditions is carried out in an efficient, coherent and non-discriminatory way which protects the financial interest of the Union, the Commission shall be empowered to adopt delegated acts in accordance with Article 111, concerning,
  in particular, the following: |
| 2.
     
  The Commission shall, by means of implementing acts, adopt the necessary rules aiming at reaching a uniform application of this Chapter in the Union. Those rules may, in particular, relate to the following: | |
| | (-a) | the rules concerning situations where beneficiaries or their representatives prevent checks from being carried out; |

Text proposed by the Commission

Amendment

1.   In order to ensure correct and efficient
  application of the checks
  and that the verification of the eligibility conditions is carried out in an efficient, coherent and non-discriminatory way which protects the financial interest of the Union, the Commission shall be empowered to adopt delegated acts in accordance with Article 111 concerning
  the situations where beneficiaries or their representatives prevent checks from being carried out.

1.   In order to ensure
  that the application of the checks is
  correct and efficient and that the verification of the eligibility conditions is carried out in an efficient, coherent and non-discriminatory way which protects the financial interest of the Union, the Commission shall be empowered to adopt delegated acts in accordance with Article 111, concerning,
  in particular, the following:

2.
     
  The Commission shall, by means of implementing acts, adopt the necessary rules aiming at reaching a uniform application of this Chapter in the Union. Those rules may, in particular, relate to the following:

(-a)

the rules concerning situations where beneficiaries or their representatives prevent checks from being carried out;

| (a) | the rules concerning administrative and on-the-spot checks to be conducted by the Member States with regard to the respect of obligations, commitments and eligibility criteria resulting from the application of Union legislation; |
| --- | --- |

(a)

the rules concerning administrative and on-the-spot checks to be conducted by the Member States with regard to the respect of obligations, commitments and eligibility criteria resulting from the application of Union legislation;

| (a) | the rules concerning administrative and on-the-spot checks to be conducted by the Member States
  in accordance with a proportionate and risk-based approach,
  with regard to the respect of obligations, commitments and eligibility criteria resulting from the application of Union legislation; |
| --- | --- |

(a)

the rules concerning administrative and on-the-spot checks to be conducted by the Member States
  in accordance with a proportionate and risk-based approach,
  with regard to the respect of obligations, commitments and eligibility criteria resulting from the application of Union legislation;

| (b) | the rules on the minimum level of on-the-spot checks necessary for an effective management of the risks, as well as the conditions under which Member States have to increase such checks, or may reduce them where the management and control systems function properly and the error rates are at an acceptable level; |
| --- | --- |

(b)

the rules on the minimum level of on-the-spot checks necessary for an effective management of the risks, as well as the conditions under which Member States have to increase such checks, or may reduce them where the management and control systems function properly and the error rates are at an acceptable level;

| (c) | the rules and methods on the reporting of the checks and verification carried out and their results; |
| --- | --- |

(c)

the rules and methods on the reporting of the checks and verification carried out and their results;

| (c) | the rules and methods on the reporting of the checks and verification carried out and their results; |
| --- | --- |

(c)

the rules and methods on the reporting of the checks and verification carried out and their results;

| (d) | the authorities responsible for performing the checks for compliance as well as to the content, the frequency and the marketing stage to which those checks shall apply; |
| --- | --- |

(d)

the authorities responsible for performing the checks for compliance as well as to the content, the frequency and the marketing stage to which those checks shall apply;

| (d) | rules on the designation of
  the authorities responsible for performing the checks for compliance as well as the content, the frequency and the marketing stage to which such checks shall apply; |
| --- | --- |

(d)

rules on the designation of
  the authorities responsible for performing the checks for compliance as well as the content, the frequency and the marketing stage to which such checks shall apply;

| (e) | where the
  specific needs for
  proper management of the system so require, rules introducing additional requirements with respect to customs procedures, in particular as laid down in Regulation (EC) No 450/2008 of the European Parliament and of the Council; |
| --- | --- |

(e)

where the
  specific needs for
  proper management of the system so require, rules introducing additional requirements with respect to customs procedures, in particular as laid down in Regulation (EC) No 450/2008 of the European Parliament and of the Council;

| (e) | where the proper management of the system so requires, rules introducing additional requirements with respect to customs procedures, in particular as laid down in Regulation (EC) No 450/2008 of the European Parliament and of the Council; |
| --- | --- |

(e)

where the proper management of the system so requires, rules introducing additional requirements with respect to customs procedures, in particular as laid down in Regulation (EC) No 450/2008 of the European Parliament and of the Council;

| (f) | with regard to hemp as referred to in Article 38 of Regulation (EU) No xxx/xxx [DP], rules on the specific control measures and methods for determining tetrahydrocannabinol levels; |
| --- | --- |

(f)

with regard to hemp as referred to in Article 38 of Regulation (EU) No xxx/xxx [DP], rules on the specific control measures and methods for determining tetrahydrocannabinol levels;

| (f) | with regard to hemp as referred to in Article 38 of Regulation (EU) No .../2013 [DP], rules on the specific control measures and methods for determining tetrahydrocannabinol levels; |
| --- | --- |

(f)

with regard to hemp as referred to in Article 38 of Regulation (EU) No .../2013 [DP], rules on the specific control measures and methods for determining tetrahydrocannabinol levels;

| (g) | with regard to cotton as referred to in Article 42 of Regulation (EU) No xxx/xxx [DP], a system for checks on the approved interbranch organisations; |
| --- | --- |

(g)

with regard to cotton as referred to in Article 42 of Regulation (EU) No xxx/xxx [DP], a system for checks on the approved interbranch organisations;

| (g) | with regard to cotton as referred to in Article 42 of Regulation (EU) No .../2013 [DP], a system for checks on the approved interbranch organisations; |
| --- | --- |

(g)

with regard to cotton as referred to in Article 42 of Regulation (EU) No .../2013 [DP], a system for checks on the approved interbranch organisations;

| (h) | with regard to wine as referred to in Regulation (EU) No sCMO/xxx, rules on the measurement of areas, as well as relating to checks and rules governing the specific financial procedures for the improvement of checks; |
| --- | --- |

(h)

with regard to wine as referred to in Regulation (EU) No sCMO/xxx, rules on the measurement of areas, as well as relating to checks and rules governing the specific financial procedures for the improvement of checks;

| (h) | with regard to wine as referred to in Regulation (EU) No .../2013[sCMO], rules on the measurement of areas, as well as relating to checks and rules governing the specific financial procedures for the improvement of checks; |
| --- | --- |

(h)

with regard to wine as referred to in Regulation (EU) No .../2013[sCMO], rules on the measurement of areas, as well as relating to checks and rules governing the specific financial procedures for the improvement of checks;

| (i) | the tests and methods to be applied for establishing the eligibility of products for public intervention and private storage, as well as the use of tendering procedures, both
  for public intervention and for private storage
  . |
| --- | --- |

(i)

the tests and methods to be applied for establishing the eligibility of products for public intervention and private storage, as well as the use of tendering procedures, both
  for public intervention and for private storage
  .

| (i) | the tests and methods to be applied for establishing the eligibility of products for public intervention and private storage, as well as the use of tendering procedures
  for
  both. |
| --- | --- |

(i)

the tests and methods to be applied for establishing the eligibility of products for public intervention and private storage, as well as the use of tendering procedures
  for
  both.

1a.
     
  The Commission shall adopt implementing acts laying down time limits by which the Commission is to respond to an indication that the Member State intends to reduce the number of its on-the-spot checks.

The implementing acts provided for in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 112(3) or in the corresponding Article of Regulation (EU) No xxx/xxx[DP], Regulation (EU) No xxx/xxx[RD] or Regulation (EU) No xxx/xxx[sCMO] respectively.

The implementing acts provided for in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 112(3) or in the corresponding Article of Regulation (EU) No .../2013[DP], Regulation (EU) No .../2013[RD] or Regulation (EU) No .../2013[sCMO] respectively.

Amendment 110

Proposal for a regulation

Article 65

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Where it is found that a beneficiary does not comply with the eligibility criteria
  or the commitments relating to the conditions for granting the aid
  as provided for in the sectoral agricultural legislation the aid shall be withdrawn in full
  or in part. | 1.   Where it is found that a beneficiary does not comply
  , in whole or in part,
  with the eligibility criteria
  for a certain aid scheme,
  as provided for in the sectoral agricultural legislation, the
  corresponding part of the
  aid shall be withdrawn in full. |
| | In particular, in the case of non-compliance with eligibility criteria relating to countable units such as hectares of land or number of animals the aid shall be withdrawn in full for those units, for which the eligibility criteria are not fulfilled. |
| | 1a.
     
  Where aid is linked to the fulfilment of specific commitments and it is found that a beneficiary does not comply with these commitments the corresponding aid shall be withdrawn in full or in part. |
| 2.   Where
  Union law
  so provides, Member States shall also impose penalties
  by way
  of reductions or exclusions of the payment or part of the payment granted or to be granted in respect of which the eligibility criteria or the commitments have been met. | 2.   Where
  legislative acts within the meaning of Article 289(3) of the Treaty
  so provide
  - where relevant, subject to further details laid down in delegated acts-
  Member States shall also impose
  administrative
  penalties
  in the form
  of reductions or exclusions of the payment or part of the payment granted or to be granted in respect of which the eligibility criteria or the commitments have been met. |
| The amount of the reduction of aid shall be graduated according to the severity, extent, duration and reoccurrence of the non compliance found and may go as far as total exclusion from one or several aid schemes or support measures
  for one or more calendar years
  . | The amounts
  of the withdrawal referred to in paragraph 1a and
  the
  administrative penalties referred to in paragraph 2
  shall be graduated according to the
  nature,
  severity, extent, duration, and reoccurrence of the non compliance found and may go as far as total exclusion
  for one or more calendar years
  from one or several aid schemes or support measures
  that are the subject of the non compliance
  . |
| | 2a.
     
  The graduation of penalties shall be based on the following general criteria: |
| | — | the ‘severity’ of non-compliance shall depend, in particular, on the importance of the consequences of the non-compliance, in particular the risk it represents for the Union fund concerned, and consistently taking account of the aims of the requirement or standard concerned; |

Text proposed by the Commission

Amendment

1.   Where it is found that a beneficiary does not comply with the eligibility criteria
  or the commitments relating to the conditions for granting the aid
  as provided for in the sectoral agricultural legislation the aid shall be withdrawn in full
  or in part.

1.   Where it is found that a beneficiary does not comply
  , in whole or in part,
  with the eligibility criteria
  for a certain aid scheme,
  as provided for in the sectoral agricultural legislation, the
  corresponding part of the
  aid shall be withdrawn in full.

In particular, in the case of non-compliance with eligibility criteria relating to countable units such as hectares of land or number of animals the aid shall be withdrawn in full for those units, for which the eligibility criteria are not fulfilled.

1a.
     
  Where aid is linked to the fulfilment of specific commitments and it is found that a beneficiary does not comply with these commitments the corresponding aid shall be withdrawn in full or in part.

2.   Where
  Union law
  so provides, Member States shall also impose penalties
  by way
  of reductions or exclusions of the payment or part of the payment granted or to be granted in respect of which the eligibility criteria or the commitments have been met.

2.   Where
  legislative acts within the meaning of Article 289(3) of the Treaty
  so provide
  - where relevant, subject to further details laid down in delegated acts-
  Member States shall also impose
  administrative
  penalties
  in the form
  of reductions or exclusions of the payment or part of the payment granted or to be granted in respect of which the eligibility criteria or the commitments have been met.

The amount of the reduction of aid shall be graduated according to the severity, extent, duration and reoccurrence of the non compliance found and may go as far as total exclusion from one or several aid schemes or support measures
  for one or more calendar years
  .

The amounts
  of the withdrawal referred to in paragraph 1a and
  the
  administrative penalties referred to in paragraph 2
  shall be graduated according to the
  nature,
  severity, extent, duration, and reoccurrence of the non compliance found and may go as far as total exclusion
  for one or more calendar years
  from one or several aid schemes or support measures
  that are the subject of the non compliance
  .

2a.
     
  The graduation of penalties shall be based on the following general criteria:

—

the ‘severity’ of non-compliance shall depend, in particular, on the importance of the consequences of the non-compliance, in particular the risk it represents for the Union fund concerned, and consistently taking account of the aims of the requirement or standard concerned;

| — | the ‘extent’ of non-compliance shall be determined taking account, in particular, of whether the non-compliance has a far-reaching impact or whether it is limited to the farm itself; |
| --- | --- |

—

the ‘extent’ of non-compliance shall be determined taking account, in particular, of whether the non-compliance has a far-reaching impact or whether it is limited to the farm itself;

| — | the ‘duration’ of non-compliance shall be determined by the competent authority taking account, in particular, of the estimated length of time for which the effect lasts or the potential for terminating those effects by reasonable means; |
| --- | --- |

—

the ‘duration’ of non-compliance shall be determined by the competent authority taking account, in particular, of the estimated length of time for which the effect lasts or the potential for terminating those effects by reasonable means;

| — | ‘reoccurrence’ of non-compliance shall mean that the non-compliance with the same requirement, standard or obligation has been determined more than once within a consecutive period of three calendar years, provided the beneficiary has been informed of a previous non-compliance and, where applicable, has had the possibility to take the necessary measures to terminate that previous non-compliance; |
| --- | --- |

—

‘reoccurrence’ of non-compliance shall mean that the non-compliance with the same requirement, standard or obligation has been determined more than once within a consecutive period of three calendar years, provided the beneficiary has been informed of a previous non-compliance and, where applicable, has had the possibility to take the necessary measures to terminate that previous non-compliance;

3.   The amounts concerned by the withdrawal
  referred to in paragraph 1
  and by the penalties referred to in
  paragraph 2
  shall be recovered in full.

3.   The amounts concerned by the withdrawal and by the
  administrative
  penalties referred to in
  the previous paragraphs
  shall be recovered in full.

Amendment 111

Proposal for a regulation

Article 65 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 65a |
| | Withdrawals and reductions as regards payment for agricultural practices beneficial for the climate and the environment |
| | Notwithstanding Article 65, the sum of the withdrawals and reductions applied in accordance with that Article as a result of non-compliance with the obligations referred to in Title III of Chapter 2 of Regulation .../2013[DP] shall not exceed the amount of the payment referred to in that Chapter. |

Text proposed by the Commission

Amendment

Article 65a

Withdrawals and reductions as regards payment for agricultural practices beneficial for the climate and the environment

Notwithstanding Article 65, the sum of the withdrawals and reductions applied in accordance with that Article as a result of non-compliance with the obligations referred to in Title III of Chapter 2 of Regulation .../2013[DP] shall not exceed the amount of the payment referred to in that Chapter.

Amendment 112

Proposal for a regulation

Article 66 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the suspension of the right to participate in an aid scheme, the exclusion and suspension of payment or a reduction rate of aids, payments or refunds
  or any other penalty, in particular
  in case time limits have not been respected, the product, size or quantity is not in conformity with the application, the evaluation of a scheme or the notification of information did not take place, is incorrect or is not notified on time; |

Text proposed by the Commission

Amendment

(a)

the suspension of the right to participate in an aid scheme, the exclusion and suspension of payment or a reduction rate of aids, payments or refunds
  or any other penalty, in particular
  in case time limits have not been respected, the product, size or quantity is not in conformity with the application, the evaluation of a scheme or the notification of information did not take place, is incorrect or is not notified on time;

| (a) | the suspension of the right to participate in an aid scheme, the exclusion and suspension of payment or a reduction rate of aids, payments or refunds, in case time limits have not been respected, the product, size or quantity is not in conformity with the application, the evaluation of a scheme or the notification of information did not take place, is incorrect or is not notified on time; |
| --- | --- |

(a)

the suspension of the right to participate in an aid scheme, the exclusion and suspension of payment or a reduction rate of aids, payments or refunds, in case time limits have not been respected, the product, size or quantity is not in conformity with the application, the evaluation of a scheme or the notification of information did not take place, is incorrect or is not notified on time;

Amendment 113

Proposal for a regulation

Article 66 — paragraph 1 — point g

| Text proposed by the Commission | Amendment |
| --- | --- |
| (g) | the withdrawal or suspension of an approval or a recognition,
  in particular
  when an operator, producer organisation, association of producer organisations, producer group or inter-branch organisation fails to respect or no longer meets the conditions required, including failure to make notifications; |

Text proposed by the Commission

Amendment

(g)

the withdrawal or suspension of an approval or a recognition,
  in particular
  when an operator, producer organisation, association of producer organisations, producer group or inter-branch organisation fails to respect or no longer meets the conditions required, including failure to make notifications;

| (g) | the withdrawal or suspension of an approval or a recognition, when an operator, producer organisation, association of producer organisations, producer group or inter-branch organisation fails to respect or no longer meets the conditions required, including failure to make notifications; |
| --- | --- |

(g)

the withdrawal or suspension of an approval or a recognition, when an operator, producer organisation, association of producer organisations, producer group or inter-branch organisation fails to respect or no longer meets the conditions required, including failure to make notifications;

Amendment 114

Proposal for a regulation

Article 66 — paragraph 1 — subparagraph 1 — point i a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ia) | the procedures and technical criteria related to the measures and penalties in points (a) to (i), where non-compliance with any of the obligations resulting from the application of the relevant legislation is found; |

Text proposed by the Commission

Amendment

(ia)

the procedures and technical criteria related to the measures and penalties in points (a) to (i), where non-compliance with any of the obligations resulting from the application of the relevant legislation is found;

Amendment 115

Proposal for a regulation

Article 66 — paragraph 2 — subparagraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the procedures and technical criteria related to the measures and penalties referred to in paragraph 1 where non-compliance with any of the obligations resulting from the application of the relevant legislation is found; |

Text proposed by the Commission

Amendment

(a)

the procedures and technical criteria related to the measures and penalties referred to in paragraph 1 where non-compliance with any of the obligations resulting from the application of the relevant legislation is found;

deleted

Amendment 116

Proposal for a regulation

Article 66 — paragraph 2 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the
  rules and
  procedures regarding the recovery of undue payments resulting from the application of the relevant legislation. |

Text proposed by the Commission

Amendment

(b)

the
  rules and
  procedures regarding the recovery of undue payments resulting from the application of the relevant legislation.

| (b) | the procedures regarding the recovery of undue payments resulting from the application of the relevant legislation. |
| --- | --- |

(b)

the procedures regarding the recovery of undue payments resulting from the application of the relevant legislation.

Amendment 117

Proposal for a regulation

Article 68

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Each Member State shall set up and operate an integrated administration and control system (hereinafter referred to as the ‘integrated system’). | 1.   Each Member State shall set up and operate an integrated administration and control system (hereinafter referred to as the ‘integrated system’). |
| 2.   The integrated system shall apply to the support schemes listed in Annex I of Regulation (EU) No xxx/xxx [DP] and to the support granted in accordance with Articles 22(1)(a) and (b), 29 to 32, 34 and 35 of Regulation xxx/xxx [RD] and where applicable Article 28(1)(b) of regulation (EU) CR/xxx. | 2.   The integrated system shall apply to the support schemes listed in Annex I of Regulation (EU) No .../2013 [DP] and to the support granted in accordance with Articles 22(1)(a) and (b), 29 to 32, 34 and 35 of Regulation .../2013 [RD] and where applicable Article 28(1)(b) of regulation (EU) .../2013[CR]. |
| However, this Chapter shall not apply to measures referred to in Article 29(9) of Regulation (EU) No xxx/xxx[RD], as well as to measures under Article 22(1)(a) and (b) of that Regulation as far as the establishment cost is concerned. | However, this Chapter shall not apply to measures referred to in Article 29(9) of Regulation (EU) No .../2013[RD], as well as to measures under Article 22(1)(a) and (b) of that Regulation as far as the establishment cost is concerned. |
| 3.   To the extent necessary, the integrated system shall also apply to the control of cross-compliance as laid down in Title VI. | 3.   To the extent necessary, the integrated system shall also apply to the control of cross-compliance as laid down in Title VI. |
| | 3a.
     
  Member States shall make appropriate use of technology when setting up their integrated system, in order to reduce administrative burdens and ensure that controls are carried out in an efficient and effective manner. |

Text proposed by the Commission

Amendment

1.   Each Member State shall set up and operate an integrated administration and control system (hereinafter referred to as the ‘integrated system’).

1.   Each Member State shall set up and operate an integrated administration and control system (hereinafter referred to as the ‘integrated system’).

2.   The integrated system shall apply to the support schemes listed in Annex I of Regulation (EU) No xxx/xxx [DP] and to the support granted in accordance with Articles 22(1)(a) and (b), 29 to 32, 34 and 35 of Regulation xxx/xxx [RD] and where applicable Article 28(1)(b) of regulation (EU) CR/xxx.

2.   The integrated system shall apply to the support schemes listed in Annex I of Regulation (EU) No .../2013 [DP] and to the support granted in accordance with Articles 22(1)(a) and (b), 29 to 32, 34 and 35 of Regulation .../2013 [RD] and where applicable Article 28(1)(b) of regulation (EU) .../2013[CR].

However, this Chapter shall not apply to measures referred to in Article 29(9) of Regulation (EU) No xxx/xxx[RD], as well as to measures under Article 22(1)(a) and (b) of that Regulation as far as the establishment cost is concerned.

However, this Chapter shall not apply to measures referred to in Article 29(9) of Regulation (EU) No .../2013[RD], as well as to measures under Article 22(1)(a) and (b) of that Regulation as far as the establishment cost is concerned.

3.   To the extent necessary, the integrated system shall also apply to the control of cross-compliance as laid down in Title VI.

3.   To the extent necessary, the integrated system shall also apply to the control of cross-compliance as laid down in Title VI.

3a.
     
  Member States shall make appropriate use of technology when setting up their integrated system, in order to reduce administrative burdens and ensure that controls are carried out in an efficient and effective manner.

Amendment 118

Proposal for a regulation

Article 70 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| This database shall in particular allow consultation through the competent authority of the Member State, of the data relating to the calendar and/or marketing years, starting from 2000. It shall also allow direct and immediate consultation of the data relating to at least the previous five consecutive calendar years. | This database shall in particular allow consultation through the competent authority of the Member State, of the data relating to the calendar and/or marketing years, starting from 2000.
  However, the Member States which acceded to the Union in 2004 shall only be required to ensure consultation of the data from 2004.
  It shall also allow direct and immediate consultation of the data relating to at least the previous five consecutive calendar years. |

Text proposed by the Commission

Amendment

This database shall in particular allow consultation through the competent authority of the Member State, of the data relating to the calendar and/or marketing years, starting from 2000. It shall also allow direct and immediate consultation of the data relating to at least the previous five consecutive calendar years.

This database shall in particular allow consultation through the competent authority of the Member State, of the data relating to the calendar and/or marketing years, starting from 2000.
  However, the Member States which acceded to the Union in 2004 shall only be required to ensure consultation of the data from 2004.
  It shall also allow direct and immediate consultation of the data relating to at least the previous five consecutive calendar years.

Amendment 119

Proposal for a regulation

Article 73 — paragraph 2 and 2a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States shall provide, inter alia by the use of electronic means, preestablished forms based on the areas determined in the previous year as well as graphic material indicating the location of those areas. A Member State may decide that the aid application needs to contain only changes with respect to the aid application submitted the previous year. However, as concerns the small farmers scheme as provided for in Title V of Regulation (EU) No DP/xxx this possibility shall be given to all farmers concerned. | 2.   Member States shall provide, inter alia by the use of electronic means, preestablished forms based on the areas determined in the previous year as well as graphic material indicating the location of those areas. A Member State may decide that the aid application needs to contain only changes with respect to the aid application submitted the previous year. However, as concerns the small farmers scheme as provided for in Title V of Regulation (EU) No .../2013[DP]this possibility shall be given to all farmers concerned. |
| | 2a.
     
  Member States may decide that an aid application or a payment claim that fulfils the requirements laid down in paragraph 1 is to remain valid for a number of years provided that the beneficiaries concerned are under an obligation to report any change to the information they first submitted. The multiannual application shall however be conditional upon annual confirmation by the beneficiary. |

Text proposed by the Commission

Amendment

2.   Member States shall provide, inter alia by the use of electronic means, preestablished forms based on the areas determined in the previous year as well as graphic material indicating the location of those areas. A Member State may decide that the aid application needs to contain only changes with respect to the aid application submitted the previous year. However, as concerns the small farmers scheme as provided for in Title V of Regulation (EU) No DP/xxx this possibility shall be given to all farmers concerned.

2.   Member States shall provide, inter alia by the use of electronic means, preestablished forms based on the areas determined in the previous year as well as graphic material indicating the location of those areas. A Member State may decide that the aid application needs to contain only changes with respect to the aid application submitted the previous year. However, as concerns the small farmers scheme as provided for in Title V of Regulation (EU) No .../2013[DP]this possibility shall be given to all farmers concerned.

2a.
     
  Member States may decide that an aid application or a payment claim that fulfils the requirements laid down in paragraph 1 is to remain valid for a number of years provided that the beneficiaries concerned are under an obligation to report any change to the information they first submitted. The multiannual application shall however be conditional upon annual confirmation by the beneficiary.

Amendment 120

Proposal for a regulation

Article 75

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   In accordance with Article 61, Member States, through the paying agencies or the bodies delegated by them, shall carry out administrative checks on the aid application to verify the eligibility conditions for the aid. Those checks shall be supplemented by on-the-spot checks. | 1.   In accordance with Article 61, Member States, through the paying agencies or the bodies delegated by them, shall carry out administrative checks on the aid application to verify the eligibility conditions for the aid. Those checks shall be supplemented by on-the-spot checks
  the purpose of which shall be to monitor compliance with the provisions of the aid schemes and the level of inherent risk
  . |
| 2.   For the purpose of on the spot checks Member States shall draw up a sampling plan of
  agricultural holdings and/or
  beneficiaries. | 2.   For the purpose of on the spot checks Member States shall draw up a sampling plan of beneficiaries
  comprising of both a random part, in order to obtain a representative error rate, and a risk-based part, enabling a primary focus on high-risk claims
  . |
| 3.   Member States may use remote sensing and Global Navigation Satellite System (GNSS) techniques as a means of carrying out on-the-spot checks on agricultural parcels. | 3.   Member States may use remote sensing and Global Navigation Satellite System (GNSS) techniques as a means of carrying out on-the-spot checks on agricultural parcels. |
| 4.   In case of non compliance with the eligibility conditions Article 65 shall apply. | 4.   In case of non compliance with the eligibility conditions Article 65 shall apply. |

Text proposed by the Commission

Amendment

1.   In accordance with Article 61, Member States, through the paying agencies or the bodies delegated by them, shall carry out administrative checks on the aid application to verify the eligibility conditions for the aid. Those checks shall be supplemented by on-the-spot checks.

1.   In accordance with Article 61, Member States, through the paying agencies or the bodies delegated by them, shall carry out administrative checks on the aid application to verify the eligibility conditions for the aid. Those checks shall be supplemented by on-the-spot checks
  the purpose of which shall be to monitor compliance with the provisions of the aid schemes and the level of inherent risk
  .

2.   For the purpose of on the spot checks Member States shall draw up a sampling plan of
  agricultural holdings and/or
  beneficiaries.

2.   For the purpose of on the spot checks Member States shall draw up a sampling plan of beneficiaries
  comprising of both a random part, in order to obtain a representative error rate, and a risk-based part, enabling a primary focus on high-risk claims
  .

3.   Member States may use remote sensing and Global Navigation Satellite System (GNSS) techniques as a means of carrying out on-the-spot checks on agricultural parcels.

3.   Member States may use remote sensing and Global Navigation Satellite System (GNSS) techniques as a means of carrying out on-the-spot checks on agricultural parcels.

4.   In case of non compliance with the eligibility conditions Article 65 shall apply.

4.   In case of non compliance with the eligibility conditions Article 65 shall apply.

Amendment 121

Proposal for a regulation

Article 76

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The payments under the support schemes and measures referred to in Article 68(2) shall be made within the period from 1 December to 30 June of the following calendar year. Payments shall be made in up to two instalments within that period. | 1.   The payments under the support schemes and measures referred to in Article 68(2) shall be made within the period from 1 December to 30 June of the following calendar year. Payments shall be made in up to two instalments within that period. |
| Payments shall be made in up to two instalments within that period. | Payments shall be made in up to two instalments within that period. |
| However Member States may pay advances up to 50 % as regards direct payments and 75 % for the support granted under rural development as referred to in Article 68(2) prior to 1 December and not before 16 October. | However Member States may pay advances up to 50 % as regards direct payments and 75 % for the support granted under rural development as referred to in Article 68(2) prior to 1 December and not before 16 October. |
| | Without prejudice to the application of the third subparagraph, the Commission may adopt implementing acts authorising the Member States to increase the percentage of advances to 80 % in regions in which farmers face serious financial difficulties due to exceptional conditions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3). |
| 2.   Payments referred to in the paragraph 1 shall not be made before the verification of eligibility conditions, to be carried out by the Member States pursuant to Article 75, has been finalised. | 2.   Payments referred to in the paragraph 1 shall not be made before the verification of eligibility conditions, to be carried out by the Member States pursuant to Article 75, has been finalised. |
| | 2a.
     
  By way of derogation from paragraph 2 of this Article, Member States may decide, taking into account the risk of overpayment, to pay up to 50 % of the applicable payment referred to in Title III of Regulation (EU) .../2013 [DP] and 75 % of the support granted under rural development as referred to in Article 68(2) after completion of the administrative checks provided for in Article 61(1). The percentage payment shall be the same for all beneficiaries of the measure or of the set of operations. |
| | 2b.
     
  The Commission may, at the request of one or more Member State, under exceptional circumstances and where the necessary budgetary resources are available, authorise advances to be paid before 16 October. |

Text proposed by the Commission

Amendment

1.   The payments under the support schemes and measures referred to in Article 68(2) shall be made within the period from 1 December to 30 June of the following calendar year. Payments shall be made in up to two instalments within that period.

1.   The payments under the support schemes and measures referred to in Article 68(2) shall be made within the period from 1 December to 30 June of the following calendar year. Payments shall be made in up to two instalments within that period.

Payments shall be made in up to two instalments within that period.

Payments shall be made in up to two instalments within that period.

However Member States may pay advances up to 50 % as regards direct payments and 75 % for the support granted under rural development as referred to in Article 68(2) prior to 1 December and not before 16 October.

However Member States may pay advances up to 50 % as regards direct payments and 75 % for the support granted under rural development as referred to in Article 68(2) prior to 1 December and not before 16 October.

Without prejudice to the application of the third subparagraph, the Commission may adopt implementing acts authorising the Member States to increase the percentage of advances to 80 % in regions in which farmers face serious financial difficulties due to exceptional conditions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).

2.   Payments referred to in the paragraph 1 shall not be made before the verification of eligibility conditions, to be carried out by the Member States pursuant to Article 75, has been finalised.

2.   Payments referred to in the paragraph 1 shall not be made before the verification of eligibility conditions, to be carried out by the Member States pursuant to Article 75, has been finalised.

2a.
     
  By way of derogation from paragraph 2 of this Article, Member States may decide, taking into account the risk of overpayment, to pay up to 50 % of the applicable payment referred to in Title III of Regulation (EU) .../2013 [DP] and 75 % of the support granted under rural development as referred to in Article 68(2) after completion of the administrative checks provided for in Article 61(1). The percentage payment shall be the same for all beneficiaries of the measure or of the set of operations.

2b.
     
  The Commission may, at the request of one or more Member State, under exceptional circumstances and where the necessary budgetary resources are available, authorise advances to be paid before 16 October.

Amendment 122

Proposal for a regulation

Article 77 — paragraph 1 — point a a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (aa) | rules on the use of technology when setting up the integrated system to ensure their optimisation; |

Text proposed by the Commission

Amendment

(aa)

rules on the use of technology when setting up the integrated system to ensure their optimisation;

Amendment 123

Proposal for a regulation

Article 77 — paragraph 1 — point b a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (ba) | the basic features, definitions and quality requirements for the computerised database provided for in Article 70; |

Text proposed by the Commission

Amendment

(ba)

the basic features, definitions and quality requirements for the computerised database provided for in Article 70;

Amendment 124

Proposal for a regulation

Article 77 — paragraph 1 — point b b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bb) | the basic features, definitions and quality requirements for the identification system for agricultural parcels, provided for in Article 71, and for the identification of the beneficiaries, provided for in Article 74; |

Text proposed by the Commission

Amendment

(bb)

the basic features, definitions and quality requirements for the identification system for agricultural parcels, provided for in Article 71, and for the identification of the beneficiaries, provided for in Article 74;

Amendment 125

Proposal for a regulation

Article 77 — paragraph 1 — point b c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bc) | the basic features, definitions and quality requirements for the system for the identification and registration of payment entitlements provided for in Article 72; |

Text proposed by the Commission

Amendment

(bc)

the basic features, definitions and quality requirements for the system for the identification and registration of payment entitlements provided for in Article 72;

Amendment 126

Proposal for a regulation

Article 77 — paragraph 1 — point b d (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (bd) | rules on the aid application and payments claims provided for in Article 73, and the application for payment entitlements, including the final date for submission of applications, the requirements as to the minimum amount of information to be included in the application, provisions for amendments to or the withdrawal of aid applications, exemption from the requirement to submit an aid application and provisions which allow Member States to apply simplified procedures or to correct obvious errors; |

Text proposed by the Commission

Amendment

(bd)

rules on the aid application and payments claims provided for in Article 73, and the application for payment entitlements, including the final date for submission of applications, the requirements as to the minimum amount of information to be included in the application, provisions for amendments to or the withdrawal of aid applications, exemption from the requirement to submit an aid application and provisions which allow Member States to apply simplified procedures or to correct obvious errors;

Amendment 127

Proposal for a regulation

Article 77 — paragraph 1 — point b e (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (be) | rules on the carrying out of checks in order to verify compliance with obligations, and the correctness and completeness of the information provided in the aid application or payment claim; |

Text proposed by the Commission

Amendment

(be)

rules on the carrying out of checks in order to verify compliance with obligations, and the correctness and completeness of the information provided in the aid application or payment claim;

Amendment 128

Proposal for a regulation

Article 77 — paragraph 2 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | provisions required for a harmonised definition of the basis for calculation of aid, including rules on how to deal with certain cases where eligible areas contain landscape features or trees; |

Text proposed by the Commission

Amendment

(b)

provisions required for a harmonised definition of the basis for calculation of aid, including rules on how to deal with certain cases where eligible areas contain landscape features or trees;

| (b) | provisions required for a harmonised definition of the basis for calculation of aid, including rules on how to deal with certain cases where eligible areas contain landscape features or trees;
  without prejudice to Article 9 of Regulation (EU) No .../2013 [DP], eligibility rules shall be consistent with meeting the challenges of climate change and biodiversity loss, and shall not, therefore, penalise high nature value farming or grazed agro-forestry systems, or cause decreases in environmental quality; flexibility, justified on agronomic or ecological grounds, shall be allowed on the basis of the customary standards of the Member State or region concerned; |
| --- | --- |

(b)

provisions required for a harmonised definition of the basis for calculation of aid, including rules on how to deal with certain cases where eligible areas contain landscape features or trees;
  without prejudice to Article 9 of Regulation (EU) No .../2013 [DP], eligibility rules shall be consistent with meeting the challenges of climate change and biodiversity loss, and shall not, therefore, penalise high nature value farming or grazed agro-forestry systems, or cause decreases in environmental quality; flexibility, justified on agronomic or ecological grounds, shall be allowed on the basis of the customary standards of the Member State or region concerned;

Amendment 129

Proposal for a regulation

Article 77 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | provisions to ensure a harmonised and proportionate treatment of
  intentional
  irregularities, situations of minor errors, accumulation of reductions and simultaneous application of different reductions; |

Text proposed by the Commission

Amendment

(b)

provisions to ensure a harmonised and proportionate treatment of
  intentional
  irregularities, situations of minor errors, accumulation of reductions and simultaneous application of different reductions;

| (b) | provisions to ensure a harmonised and proportionate treatment of
  severe
  irregularities, situations of minor errors, accumulation of reductions and simultaneous application of different reductions; |
| --- | --- |

(b)

provisions to ensure a harmonised and proportionate treatment of
  severe
  irregularities, situations of minor errors, accumulation of reductions and simultaneous application of different reductions;

Amendment 130

Proposal for a regulation

Article 78 — paragraph 1 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the basic features, definitions and quality requirements for the computerised database provided for in Article 70; |

Text proposed by the Commission

Amendment

(a)

the basic features, definitions and quality requirements for the computerised database provided for in Article 70;

deleted

Amendment 131

Proposal for a regulation

Article 78 — paragraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the basic features, definitions and quality requirements for the identification system for agricultural parcels provided for in Article 71 and for the identification of the beneficiaries as provided for in Article 74; |

Text proposed by the Commission

Amendment

(b)

the basic features, definitions and quality requirements for the identification system for agricultural parcels provided for in Article 71 and for the identification of the beneficiaries as provided for in Article 74;

deleted

Amendment 132

Proposal for a regulation

Article 78 — paragraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the basic features, definitions and quality requirements for the system for the identification and registration of payment entitlements provided for in Article 72; |

Text proposed by the Commission

Amendment

(c)

the basic features, definitions and quality requirements for the system for the identification and registration of payment entitlements provided for in Article 72;

deleted

Amendment 133

Proposal for a regulation

Article 78 — paragraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | rules on the aid application and payments claims provided for in Article 73, and the application for payment entitlements, including the final date for submission of applications, the requirements as to the minimum amount of information to be included in the application, provisions for amendments to or the withdrawal of aid applications, exemption from the requirement to submit an aid application and provisions which allow Member States to apply simplified procedures or to correct obvious errors; |

Text proposed by the Commission

Amendment

(d)

rules on the aid application and payments claims provided for in Article 73, and the application for payment entitlements, including the final date for submission of applications, the requirements as to the minimum amount of information to be included in the application, provisions for amendments to or the withdrawal of aid applications, exemption from the requirement to submit an aid application and provisions which allow Member States to apply simplified procedures or to correct obvious errors;

deleted

Amendment 134

Proposal for a regulation

Article 78 — paragraph 1 — point e

| Text proposed by the Commission | Amendment |
| --- | --- |
| (e) | rules on the carrying out of checks in order to verify compliance with obligations, and the correctness and completeness of the information provided in the aid application or payment claim; |

Text proposed by the Commission

Amendment

(e)

rules on the carrying out of checks in order to verify compliance with obligations, and the correctness and completeness of the information provided in the aid application or payment claim;

deleted

Amendment 135

Proposal for a regulation

Article 78 — paragraph 1 — point f

| Text proposed by the Commission | Amendment |
| --- | --- |
| (f) | technical definitions needed for the purpose of the uniform implementation of this Chapter; |

Text proposed by the Commission

Amendment

(f)

technical definitions needed for the purpose of the uniform implementation of this Chapter;

deleted

Amendment 136

Proposal for a regulation

Article 88 — paragraph 2 — subparagraph 1 — introductory part

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The Commission shall, where necessary, by means of implementing acts adopt the provisions aiming at reaching a uniform application of this
  Regulation in the Union
  , in particular relating to the following: | 2.   The Commission shall, where necessary, by means of implementing acts adopt the provisions aiming at reaching a uniform application of this
  Chapter
  , in particular relating to the following: |

Text proposed by the Commission

Amendment

2.   The Commission shall, where necessary, by means of implementing acts adopt the provisions aiming at reaching a uniform application of this
  Regulation in the Union
  , in particular relating to the following:

2.   The Commission shall, where necessary, by means of implementing acts adopt the provisions aiming at reaching a uniform application of this
  Chapter
  , in particular relating to the following:

Amendment 137

Proposal for a regulation

Article 90 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a)
     
  The Commission shall be empowered to adopt delegated acts, in accordance with Article 111, concerning the following: |
| | (a) | the actions to be implemented by the Member States to prevent the unlawful use of protected designations of origin and protected geographical indications; |

Text proposed by the Commission

Amendment

(3a)
     
  The Commission shall be empowered to adopt delegated acts, in accordance with Article 111, concerning the following:

(a)

the actions to be implemented by the Member States to prevent the unlawful use of protected designations of origin and protected geographical indications;

| (b) | relevant checks and verification to be carried out by the Member States, including testing. |
| --- | --- |

(b)

relevant checks and verification to be carried out by the Member States, including testing.

Amendment 138

Proposal for a regulation

Article 90 — paragraph 4 — subparagraph 1 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | the actions to be implemented by the Member States to prevent the unlawful use of protected designations of origin and protected geographical indications; |

Text proposed by the Commission

Amendment

(c)

the actions to be implemented by the Member States to prevent the unlawful use of protected designations of origin and protected geographical indications;

deleted

Amendment 139

Proposal for a regulation

Article 90 — paragraph 4 — subparagraph 1 — point d

| Text proposed by the Commission | Amendment |
| --- | --- |
| (d) | checks and verification to be carried out by the Member States, including testing. |

Text proposed by the Commission

Amendment

(d)

checks and verification to be carried out by the Member States, including testing.

deleted

Amendment 140

Proposal for a regulation

Article 91 — paragraph 2 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | the non-compliance is the result of an act or omission directly attributable to the beneficiary concerned; |

Text proposed by the Commission

Amendment

(a)

the non-compliance is the result of an act or omission directly attributable to the beneficiary concerned;

| a) | the non-compliance is the result of an act or omission directly
  and unequivocally
  attributable to the beneficiary concerned; |
| --- | --- |

a)

the non-compliance is the result of an act or omission directly
  and unequivocally
  attributable to the beneficiary concerned;

Amendment 141

Proposal for a regulation

Article 91 — paragraph 2 — subparagraph 1 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | the non-compliance is related to the agricultural activity of the beneficiary;
  and |

Text proposed by the Commission

Amendment

(b)

the non-compliance is related to the agricultural activity of the beneficiary;
  and

| (b) | the non-compliance is related to the agricultural activity of the beneficiary;
  or |
| --- | --- |

(b)

the non-compliance is related to the agricultural activity of the beneficiary;
  or

Amendment 142

Proposal for a regulation

Article 93 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy will be considered as being part of Annex II once this Directive is implemented by all Member States and the obligations directly applicable to farmers have been identified. In order to take account of those elements the Commission shall be empowered to adopt delegated acts in accordance with Article 111 for the purpose of amending the Annex II within 12 months starting at the moment the last Member State has notified the implementation of the Directive to the Commission. | deleted |

Text proposed by the Commission

Amendment

Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy will be considered as being part of Annex II once this Directive is implemented by all Member States and the obligations directly applicable to farmers have been identified. In order to take account of those elements the Commission shall be empowered to adopt delegated acts in accordance with Article 111 for the purpose of amending the Annex II within 12 months starting at the moment the last Member State has notified the implementation of the Directive to the Commission.

deleted

Amendment 144

Proposal for a regulation

Article 93 — paragraph 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| In addition, as regards the years 2014 and 2015, the rules on cross compliance shall also comprise the maintenance of permanent grassland.
  The
  Member States which were Member
  of the Union at
  1 January 2004 shall ensure that land which was under permanent grassland at the date provided for the area aid applications for 2003 is maintained under permanent grassland within defined limits.
  The
  Member States which became
  Member of the Union
  in 2004 shall ensure that land which was under permanent grassland on 1 May 2004 is maintained under permanent grassland within defined limits. Bulgaria and Romania shall ensure that land which was under permanent grassland on 1 January 2007 is maintained under permanent grassland within defined limits. | In addition, as regards the years 2014 and 2015, the rules on cross compliance shall also include the maintenance of permanent grassland
  and permanent pasture.
  Member States which were
  Member States before
  1 January 2004 shall ensure that land which was under permanent grassland
  and permanent pasture
  at the date provided for the area aid applications for 2003 is maintained under permanent grassland
  and permanent pasture
  within defined limits. Member States which became
  Member States
  in 2004 shall ensure that land which was under permanent grassland
  and permanent pasture
  on 1 May 2004 is maintained under permanent grassland
  and permanent pasture
  within defined limits. Bulgaria and Romania shall ensure that land which was under permanent grassland
  and permanent pasture
  on 1 January 2007 is maintained under permanent grassland
  and permanent pasture
  within defined limits. |
| | However, a Member State may, in duly justified circumstances, derogate from the first subparagraph, provided that it takes action to prevent a significant decrease in its total permanent grassland and permanent pasture area. |

Text proposed by the Commission

Amendment

In addition, as regards the years 2014 and 2015, the rules on cross compliance shall also comprise the maintenance of permanent grassland.
  The
  Member States which were Member
  of the Union at
  1 January 2004 shall ensure that land which was under permanent grassland at the date provided for the area aid applications for 2003 is maintained under permanent grassland within defined limits.
  The
  Member States which became
  Member of the Union
  in 2004 shall ensure that land which was under permanent grassland on 1 May 2004 is maintained under permanent grassland within defined limits. Bulgaria and Romania shall ensure that land which was under permanent grassland on 1 January 2007 is maintained under permanent grassland within defined limits.

In addition, as regards the years 2014 and 2015, the rules on cross compliance shall also include the maintenance of permanent grassland
  and permanent pasture.
  Member States which were
  Member States before
  1 January 2004 shall ensure that land which was under permanent grassland
  and permanent pasture
  at the date provided for the area aid applications for 2003 is maintained under permanent grassland
  and permanent pasture
  within defined limits. Member States which became
  Member States
  in 2004 shall ensure that land which was under permanent grassland
  and permanent pasture
  on 1 May 2004 is maintained under permanent grassland
  and permanent pasture
  within defined limits. Bulgaria and Romania shall ensure that land which was under permanent grassland
  and permanent pasture
  on 1 January 2007 is maintained under permanent grassland
  and permanent pasture
  within defined limits.

However, a Member State may, in duly justified circumstances, derogate from the first subparagraph, provided that it takes action to prevent a significant decrease in its total permanent grassland and permanent pasture area.

Amendment 145

Proposal for a regulation

Article 93 — paragraph 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| Furthermore,
  the Commission shall
  , by means of implementing acts, adopt
  the methods for the determination of the ratio of permanent grassland and agricultural land that has to be maintained.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3). | The Commission shall
  be empowered to adopt delegated acts, in accordance with Article 111, laying down
  the methods for the determination of the ratio of permanent grassland and agricultural land that has to be maintained. |

Text proposed by the Commission

Amendment

Furthermore,
  the Commission shall
  , by means of implementing acts, adopt
  the methods for the determination of the ratio of permanent grassland and agricultural land that has to be maintained.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).

The Commission shall
  be empowered to adopt delegated acts, in accordance with Article 111, laying down
  the methods for the determination of the ratio of permanent grassland and agricultural land that has to be maintained.

Amendment 146

Proposal for a regulation

Article 94

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States shall ensure that all agricultural area
  , including land which is no longer used for production purposes,
  is maintained in good agricultural and environmental condition. Member States shall define, at national or regional level, minimum standards for beneficiaries for good agricultural and environmental condition of land on the basis of Annex II, taking into account the specific characteristics of the areas concerned, including soil and climatic condition, existing farming systems, land use, crop rotation, farming practices, and farm structures. Member States shall not define minimum requirements which are not established in Annex II. | Member States shall ensure that all agricultural area is maintained in good agricultural and environmental condition. Member States shall define, at national or regional level, minimum standards for beneficiaries for good agricultural and environmental condition of land on the basis of Annex II, taking into account the specific characteristics of the areas concerned, including soil and climatic condition, existing farming systems, land use, crop rotation, farming practices, and farm structures. Member States shall not define minimum requirements which are not established in Annex II. |

Text proposed by the Commission

Amendment

Member States shall ensure that all agricultural area
  , including land which is no longer used for production purposes,
  is maintained in good agricultural and environmental condition. Member States shall define, at national or regional level, minimum standards for beneficiaries for good agricultural and environmental condition of land on the basis of Annex II, taking into account the specific characteristics of the areas concerned, including soil and climatic condition, existing farming systems, land use, crop rotation, farming practices, and farm structures. Member States shall not define minimum requirements which are not established in Annex II.

Member States shall ensure that all agricultural area is maintained in good agricultural and environmental condition. Member States shall define, at national or regional level, minimum standards for beneficiaries for good agricultural and environmental condition of land on the basis of Annex II, taking into account the specific characteristics of the areas concerned, including soil and climatic condition, existing farming systems, land use, crop rotation, farming practices, and farm structures. Member States shall not define minimum requirements which are not established in Annex II.

Amendment 147

Proposal for a regulation

Article 96 — paragraph 1 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Member States may make use of their existing administration and control systems to ensure compliance with the rules on cross compliance. | Member States may make use of their existing administration and control systems to ensure compliance with the rules on cross compliance
  and shall define a set of verifiable requirements and standards to be applied at farm level
  . |

Text proposed by the Commission

Amendment

Member States may make use of their existing administration and control systems to ensure compliance with the rules on cross compliance.

Member States may make use of their existing administration and control systems to ensure compliance with the rules on cross compliance
  and shall define a set of verifiable requirements and standards to be applied at farm level
  .

Amendment 148

Proposal for a regulation

Article 96 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Checks of requirements, standards, acts or areas of cross compliance may take account of the following factors: |
| | — | farmers’ participation in the farm advisory system provided for in Title III of this Regulation; |

Text proposed by the Commission

Amendment

2a.
     
  Checks of requirements, standards, acts or areas of cross compliance may take account of the following factors:

—

farmers’ participation in the farm advisory system provided for in Title III of this Regulation;

| — | farmers’ participation in a certification system, if such system covers the requirements and standards concerned. |
| --- | --- |

—

farmers’ participation in a certification system, if such system covers the requirements and standards concerned.

Amendment 149

Proposal for a regulation

Article 96 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Member States shall carry out on-the-spot checks to verify whether a beneficiary complies with the obligations laid down in this Title. | 3.   Member States shall carry out on-the-spot checks to verify whether a beneficiary complies with the obligations laid down in this Title.
  In doing so, Member States shall focus primarily on claims with the highest risks according to the principle of proportionality
  . |

Text proposed by the Commission

Amendment

3.   Member States shall carry out on-the-spot checks to verify whether a beneficiary complies with the obligations laid down in this Title.

3.   Member States shall carry out on-the-spot checks to verify whether a beneficiary complies with the obligations laid down in this Title.
  In doing so, Member States shall focus primarily on claims with the highest risks according to the principle of proportionality
  .

Amendment 150

Proposal for a regulation

Article 96 — paragraph 4 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   The Commission shall
  , by means of implementing
  acts, adopt rules on the carrying out of checks in order to verify compliance with the obligations referred to in this Title. | 4.   The Commission shall
  be empowered to adopt delegated
  acts
  , in accordance with Article 111, laying down
  rules on the carrying out of checks in order to verify compliance with the obligations referred to in this Title. |

Text proposed by the Commission

Amendment

4.   The Commission shall
  , by means of implementing
  acts, adopt rules on the carrying out of checks in order to verify compliance with the obligations referred to in this Title.

4.   The Commission shall
  be empowered to adopt delegated
  acts
  , in accordance with Article 111, laying down
  rules on the carrying out of checks in order to verify compliance with the obligations referred to in this Title.

Amendment 151

Proposal for a regulation

Article 96 — paragraph 4 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3). | deleted |

Text proposed by the Commission

Amendment

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).

deleted

Amendment 152

Proposal for a regulation

Article 97 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The penalty provided for in Article 91 shall be applied when the rules on cross compliance are not complied with at any time in a given calendar year (hereinafter referred to as ‘the calendar year concerned’), and the non-compliance in question is attributable to the beneficiary who submitted the aid application or the payment claim in the calendar year concerned. | 1.   The penalty provided for in Article 91 shall be applied when the rules on cross compliance are not complied with at any time in a given calendar year (hereinafter referred to as ‘the calendar year concerned’), and the non-compliance in question is
  directly and unequivocally
  attributable to the beneficiary who submitted the aid application or the payment claim in the calendar year concerned. |

Text proposed by the Commission

Amendment

1.   The penalty provided for in Article 91 shall be applied when the rules on cross compliance are not complied with at any time in a given calendar year (hereinafter referred to as ‘the calendar year concerned’), and the non-compliance in question is attributable to the beneficiary who submitted the aid application or the payment claim in the calendar year concerned.

1.   The penalty provided for in Article 91 shall be applied when the rules on cross compliance are not complied with at any time in a given calendar year (hereinafter referred to as ‘the calendar year concerned’), and the non-compliance in question is
  directly and unequivocally
  attributable to the beneficiary who submitted the aid application or the payment claim in the calendar year concerned.

Amendment 153

Proposal for a regulation

Article 97 — paragraph 3 — subparagraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| Where a Member State decides to make use of the option provided for in the first subparagraph, the competent authority shall, for a sample of beneficiaries, take in the following year the actions necessary to verify that the beneficiary has remedied the findings of non-compliance concerned. The finding and the obligation to take remedial action shall be notified to the beneficiary. | deleted |

Text proposed by the Commission

Amendment

Where a Member State decides to make use of the option provided for in the first subparagraph, the competent authority shall, for a sample of beneficiaries, take in the following year the actions necessary to verify that the beneficiary has remedied the findings of non-compliance concerned. The finding and the obligation to take remedial action shall be notified to the beneficiary.

deleted

Amendment 154

Proposal for a regulation

Article 99

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The penalty provided for in Article 91 shall be applied by means of reduction or exclusion of the total amount of the payments listed in Article 92 granted or to be granted to that beneficiary related to the calendar year concerned or the years concerned. | 1.   The penalty provided for in Article 91 shall be applied by means of reduction or exclusion of the total amount of the payments listed in Article 92 granted or to be granted to that beneficiary related to the calendar year concerned or the years concerned. |
| For the calculation of those reductions and exclusions account shall be taken of the severity, extent, permanence and reoccurrence of the non-compliance found as well as of the criteria set out in paragraphs 2, 3 and 4. | For the calculation of those reductions and exclusions
  proportionate
  account shall be taken of the
  nature,
  severity, extent, duration and reoccurrence of the non-compliance found as well as of the criteria set out in paragraphs 2, 3 and 4. |
| 2.   In the case of non compliance due to negligence, the percentage of reduction shall not exceed 5 % and, in the case of repeated non-compliance, 15 %. | 2.   In the case of non-compliance due to negligence, the percentage of reduction shall not exceed 5 % and, in the case of repeated non-compliance,
  shall not exceed
  15 %. |
| In duly justified cases Member States may decide that no reduction
  shall
  be applied where, given its severity, extent and duration, a case of non-compliance
  is to
  be considered
  as
  minor. However, cases of non-compliance which constitute a direct risk to public or animal health shall not be considered
  as
  minor.
  The finding and the obligation to take remedial action shall be notified to the beneficiary. | In duly justified cases Member States may decide that no reduction
  is to be
  applied where, given its severity, extent and duration, a case of non-compliance
  should
  be considered
  to be
  minor. However, cases of non-compliance which constitute a direct risk to public or animal health shall not be considered
  to be
  minor. |
| | Furthermore, Member States may set up an early warning system applying to cases of first non-compliance that are not considered to be severe. Where a Member State decides to make use of this option, the competent authority shall send an initial warning to the beneficiary, notifying it of the finding and of the obligation to take remedial action. The impact of such system shall be limited to holding the beneficiary responsible for the non-compliance. The warning shall be followed by appropriate checks within the following year to verify whether the non-compliance has been remedied. If it has been remedied, no reduction shall be applied. If it has not been remedied, the reduction pursuant to the first subparagraph shall be applied retroactively. However, cases of non-compliance which constitute a direct risk to public or animal health shall always be considered to be severe. |
| 3.   In the case of
  intentional
  non-compliance, the percentage of reduction shall in principle not be less than 20 % and may go as far as total exclusion from one or several aid schemes and apply for one or more calendar years. | 3.   In the case of
  severe
  non-compliance
  resulting from gross negligence
  , the percentage of reduction shall in principle not be less than 20 % and may go as far as total exclusion from one or several aid schemes and apply for one or more calendar years. |
| 4.   In any case, the total amount of reductions and exclusions for one calendar year shall not be more than the total amount referred to in the first subparagraph of paragraph 1. | 4.   In any case, the total amount of reductions and exclusions for one calendar year shall not be more than the total amount referred to in the first subparagraph of paragraph 1. |

Text proposed by the Commission

Amendment

1.   The penalty provided for in Article 91 shall be applied by means of reduction or exclusion of the total amount of the payments listed in Article 92 granted or to be granted to that beneficiary related to the calendar year concerned or the years concerned.

1.   The penalty provided for in Article 91 shall be applied by means of reduction or exclusion of the total amount of the payments listed in Article 92 granted or to be granted to that beneficiary related to the calendar year concerned or the years concerned.

For the calculation of those reductions and exclusions account shall be taken of the severity, extent, permanence and reoccurrence of the non-compliance found as well as of the criteria set out in paragraphs 2, 3 and 4.

For the calculation of those reductions and exclusions
  proportionate
  account shall be taken of the
  nature,
  severity, extent, duration and reoccurrence of the non-compliance found as well as of the criteria set out in paragraphs 2, 3 and 4.

2.   In the case of non compliance due to negligence, the percentage of reduction shall not exceed 5 % and, in the case of repeated non-compliance, 15 %.

2.   In the case of non-compliance due to negligence, the percentage of reduction shall not exceed 5 % and, in the case of repeated non-compliance,
  shall not exceed
  15 %.

In duly justified cases Member States may decide that no reduction
  shall
  be applied where, given its severity, extent and duration, a case of non-compliance
  is to
  be considered
  as
  minor. However, cases of non-compliance which constitute a direct risk to public or animal health shall not be considered
  as
  minor.
  The finding and the obligation to take remedial action shall be notified to the beneficiary.

In duly justified cases Member States may decide that no reduction
  is to be
  applied where, given its severity, extent and duration, a case of non-compliance
  should
  be considered
  to be
  minor. However, cases of non-compliance which constitute a direct risk to public or animal health shall not be considered
  to be
  minor.

Furthermore, Member States may set up an early warning system applying to cases of first non-compliance that are not considered to be severe. Where a Member State decides to make use of this option, the competent authority shall send an initial warning to the beneficiary, notifying it of the finding and of the obligation to take remedial action. The impact of such system shall be limited to holding the beneficiary responsible for the non-compliance. The warning shall be followed by appropriate checks within the following year to verify whether the non-compliance has been remedied. If it has been remedied, no reduction shall be applied. If it has not been remedied, the reduction pursuant to the first subparagraph shall be applied retroactively. However, cases of non-compliance which constitute a direct risk to public or animal health shall always be considered to be severe.

3.   In the case of
  intentional
  non-compliance, the percentage of reduction shall in principle not be less than 20 % and may go as far as total exclusion from one or several aid schemes and apply for one or more calendar years.

3.   In the case of
  severe
  non-compliance
  resulting from gross negligence
  , the percentage of reduction shall in principle not be less than 20 % and may go as far as total exclusion from one or several aid schemes and apply for one or more calendar years.

4.   In any case, the total amount of reductions and exclusions for one calendar year shall not be more than the total amount referred to in the first subparagraph of paragraph 1.

4.   In any case, the total amount of reductions and exclusions for one calendar year shall not be more than the total amount referred to in the first subparagraph of paragraph 1.

Amendment 155

Proposal for a regulation

Article 101

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   In order to ensure a correct distribution of the funds to the entitled beneficiaries, the Commission shall be empowered to adopt delegated acts in accordance with Article 111 to establish a harmonised basis for calculation of penalties due to cross compliance, taking into account reductions due to financial discipline. | 1.   In order to ensure a correct distribution of the funds to the entitled beneficiaries, the Commission shall be empowered to adopt delegated acts in accordance with Article 111 to establish a harmonised basis for calculation of penalties due to cross compliance, taking into account reductions due to financial discipline. |
| 2.   In order to ensure that cross compliance is carried out in an efficient, coherent and non discriminatory way, the Commission shall be empowered to adopt delegated acts in accordance with Article 111 concerning the calculation and application of penalties. | 2.   In order to ensure that cross compliance is carried out in an efficient,
  risk-based and proportionate,
  coherent and non discriminatory way, the Commission shall be empowered to adopt delegated acts, in accordance with Article 111, concerning the calculation and application of penalties.
  Those delegated acts shall in particular contain rules for cases where administrative penalties are not to be imposed for non-compliance due to technical failure of the systems for identification and registration of animals, referred to in Annex II, SMR 7 and SMR 8, which does not result from an act or omission directly attributable to the beneficiary concerned. |

Text proposed by the Commission

Amendment

1.   In order to ensure a correct distribution of the funds to the entitled beneficiaries, the Commission shall be empowered to adopt delegated acts in accordance with Article 111 to establish a harmonised basis for calculation of penalties due to cross compliance, taking into account reductions due to financial discipline.

1.   In order to ensure a correct distribution of the funds to the entitled beneficiaries, the Commission shall be empowered to adopt delegated acts in accordance with Article 111 to establish a harmonised basis for calculation of penalties due to cross compliance, taking into account reductions due to financial discipline.

2.   In order to ensure that cross compliance is carried out in an efficient, coherent and non discriminatory way, the Commission shall be empowered to adopt delegated acts in accordance with Article 111 concerning the calculation and application of penalties.

2.   In order to ensure that cross compliance is carried out in an efficient,
  risk-based and proportionate,
  coherent and non discriminatory way, the Commission shall be empowered to adopt delegated acts, in accordance with Article 111, concerning the calculation and application of penalties.
  Those delegated acts shall in particular contain rules for cases where administrative penalties are not to be imposed for non-compliance due to technical failure of the systems for identification and registration of animals, referred to in Annex II, SMR 7 and SMR 8, which does not result from an act or omission directly attributable to the beneficiary concerned.

Amendment 156

Proposal for a regulation

Article 102 — paragraph 1 — subparagraph 1 — point c — point v

| Text proposed by the Commission | Amendment |
| --- | --- |
| (v) | a
  summary of the results of all available audits and checks carried out in accordance with the schedule and detailed provisions laid down in the sector specific rules. |

Text proposed by the Commission

Amendment

(v)

a
  summary of the results of all available audits and checks carried out in accordance with the schedule and detailed provisions laid down in the sector specific rules.

| (v) | an annual
  summary
  , together with the EAGF and EAFRD expenditure account,
  of the results of all available audits and checks carried out in accordance with the schedule and detailed provisions laid down in the sector specific rules. |
| --- | --- |

(v)

an annual
  summary
  , together with the EAGF and EAFRD expenditure account,
  of the results of all available audits and checks carried out in accordance with the schedule and detailed provisions laid down in the sector specific rules.

Amendment 157

Proposal for a regulation

Article 102 — paragraph 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (3a)
     
  Where, in order to fulfil their obligations under this Article, Member States are required to carry out statistical analyses, the Commission shall furnish them with all necessary information in good time. |

Text proposed by the Commission

Amendment

(3a)
     
  Where, in order to fulfil their obligations under this Article, Member States are required to carry out statistical analyses, the Commission shall furnish them with all necessary information in good time.

Amendment 158

Proposal for a regulation

Article 106 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Where a direct payment as provided for in Regulation (EU) No DP/xxx is made to a beneficiary in a currency other than the euro, Member States shall convert the amount of aid expressed in euro into the national currency on the basis of the
  most recent
  exchange rate set by the European Central Bank prior to 1 October of the year for which the aid is granted. | 3.   Where a direct payment as provided for in Regulation (EU) No DP/xxx is made to a beneficiary in a currency other than the euro, Member States shall convert the amount of aid expressed in euro into the national currency on the basis of the
  last monthly average
  exchange rate set by the European central bank prior to 1 October of the year for which aid is granted. |

Text proposed by the Commission

Amendment

3.   Where a direct payment as provided for in Regulation (EU) No DP/xxx is made to a beneficiary in a currency other than the euro, Member States shall convert the amount of aid expressed in euro into the national currency on the basis of the
  most recent
  exchange rate set by the European Central Bank prior to 1 October of the year for which the aid is granted.

3.   Where a direct payment as provided for in Regulation (EU) No DP/xxx is made to a beneficiary in a currency other than the euro, Member States shall convert the amount of aid expressed in euro into the national currency on the basis of the
  last monthly average
  exchange rate set by the European central bank prior to 1 October of the year for which aid is granted.

Amendment 159

Proposal for a regulation

Article 107 — paragraph 1 — subparagraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   The Commission
  may, by means of implementing acts,
  adopt measures
  in order
  to safeguard the application of Union legislation if exceptional monetary practices related to national currency are likely to jeopardise it. Those measures may, where necessary, derogate from the existing rules. | 1.   The Commission
  shall be empowered to
  adopt
  delegated acts, in accordance with Article 111, concerning
  measures to safeguard the application of Union legislation if exceptional monetary practices related to national currency are likely to jeopardise it. Those measures may, where necessary, derogate from the existing rules. |

Text proposed by the Commission

Amendment

1.   The Commission
  may, by means of implementing acts,
  adopt measures
  in order
  to safeguard the application of Union legislation if exceptional monetary practices related to national currency are likely to jeopardise it. Those measures may, where necessary, derogate from the existing rules.

1.   The Commission
  shall be empowered to
  adopt
  delegated acts, in accordance with Article 111, concerning
  measures to safeguard the application of Union legislation if exceptional monetary practices related to national currency are likely to jeopardise it. Those measures may, where necessary, derogate from the existing rules.

Amendment 160

Proposal for a regulation

Article 110

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   A common monitoring and evaluation framework shall be established with a view to measuring the performance of the common agricultural policy.
  It shall include all instruments related to the monitoring and evaluation of common agricultural policy measures
  and in particular of the direct payments provided for in Regulation (EU) No DP/xxx, the market measures provided for in Regulation (EU) No CMO/xxx, the rural development measures provided for in Regulation (EU) No RD/xxx and of the application of the cross compliance provided for in this Regulation. | 1.   A common monitoring and evaluation framework shall be established with a view to measuring the performance of the common agricultural policy, and in particular of: |
| | (a) | the direct payments provided for in Regulation (EU) No .../2013[DP], |

Text proposed by the Commission

Amendment

1.   A common monitoring and evaluation framework shall be established with a view to measuring the performance of the common agricultural policy.
  It shall include all instruments related to the monitoring and evaluation of common agricultural policy measures
  and in particular of the direct payments provided for in Regulation (EU) No DP/xxx, the market measures provided for in Regulation (EU) No CMO/xxx, the rural development measures provided for in Regulation (EU) No RD/xxx and of the application of the cross compliance provided for in this Regulation.

1.   A common monitoring and evaluation framework shall be established with a view to measuring the performance of the common agricultural policy, and in particular of:

(a)

the direct payments provided for in Regulation (EU) No .../2013[DP],

| (b) | the market measures provided for in Regulation (EU) No .../2013[sCMO], |
| --- | --- |

(b)

the market measures provided for in Regulation (EU) No .../2013[sCMO],

| (c) | the rural development measures provided for in Regulation (EU) No .../2013[RD] and of, |
| --- | --- |

(c)

the rural development measures provided for in Regulation (EU) No .../2013[RD] and of,

| (d) | the application of the cross compliance provided for in this Regulation. |
| --- | --- |

(d)

the application of the cross compliance provided for in this Regulation.

In order to ensure an effective performance measurement the
  Commission shall
  be empowered to adopt delegated acts in accordance with Article 111 regarding the content and construction of that framework.

The
  Commission shall
  monitor those policy measures on the basis of reporting by Member States in accordance with the rules laid down in this Regulation. The Commission shall establish a multi-annual evaluation plan with periodic evaluations of specific instruments which it will carry out.

2.   The impact of the common agricultural policy measures referred to in paragraph 1 shall be measured in relation to the following objectives:

2.   The impact of the common agricultural policy measures referred to in paragraph 1 shall be measured in relation to the following objectives:

| (a) | viable food production, with a focus on agricultural income, agricultural productivity and price stability; |
| --- | --- |

(a)

viable food production, with a focus on agricultural income, agricultural productivity and price stability;

| (a) | viable food production, with a focus on
  input prices
  , agricultural income, agricultural productivity and price stability; |
| --- | --- |

(a)

viable food production, with a focus on
  input prices
  , agricultural income, agricultural productivity and price stability;

| (b) | sustainable management of natural resources and climate action, with a focus on greenhouse gas emissions, biodiversity, soil and water; |
| --- | --- |

(b)

sustainable management of natural resources and climate action, with a focus on greenhouse gas emissions, biodiversity, soil and water;

| (b) | sustainable management of natural resources and climate action, with a focus on greenhouse gas emissions, biodiversity, soil and water; |
| --- | --- |

(b)

sustainable management of natural resources and climate action, with a focus on greenhouse gas emissions, biodiversity, soil and water;

| (c) | balanced territorial development, with a focus on rural employment, growth and poverty in rural areas. |
| --- | --- |

(c)

balanced territorial development, with a focus on rural employment, growth and poverty in rural areas.

| (c) | balanced territorial development, with a focus on rural employment, growth and poverty in rural areas. |
| --- | --- |

(c)

balanced territorial development, with a focus on rural employment, growth and poverty in rural areas.

The
  Commission shall
  define, by means of implementing acts, the set of indicators specific to the objectives referred to in the first subparagraph. Those implementing acts shall be adopted
  in accordance with
  the examination procedure referred to in Article 112(3).

In order to ensure the efficient application of this paragraph the
  Commission shall
  be empowered to adopt delegated acts,
  in accordance with Article
  111, regarding the content and construction of the monitoring and evaluation framework, including the set of indicators and the methods for their calculation.

3.   Member States shall provide the Commission with all the information necessary to permit the monitoring and evaluation of the measures concerned. The Commission shall take into account the data needs and synergies between potential data sources, in particular their use for statistical purposes when appropriate.

3.   Member States shall provide the Commission with all the information necessary to permit the monitoring and evaluation of the measures concerned.
  As far as possible, such information shall be based on established sources of data, such as the Farm Accountancy Data Network and Eurostat.
  The Commission shall take into account the data needs and synergies between potential data sources, in particular their use for statistical purposes when appropriate.

The Commission shall adopt, by means of implementing acts, rules on the information to be sent by the Member States, as well as on the data needs and synergies between potential data sources. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).

The Commission shall adopt, implementing acts laying down rules on the information to be sent by the Member States,
  without imposing an undue administrative burden on them,
  as well as
  rules
  on the data needs and synergies between potential data sources. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 112(3).

4.   The Commission shall present a report on the implementation of this Article to the European Parliament and the Council every four years. The first report shall be presented not later than 31 December 2017.

4.   The Commission shall present a report on the implementation of this Article to the European Parliament and the Council every four years. The first report shall be presented not later than 31 December 2017.

Amendment 200

Proposal for a regulation

Article 110 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 110a | Article 110a |
| Publication of beneficiaries | Ex post
  publication of
  the
  beneficiaries
  of the EAGF and the EAFRD |
| 1.
     Member States shall ensure annual ex post publication of the beneficiaries of the EAGF and the EAFRD.
  The publication shall contain: | Member States shall ensure annual ex post publication of the beneficiaries of the EAGF and the EAFRD.
  In doing so, they shall apply, mutatis mutandis, Article 21 of Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 on the financial rules applicable to the general budget of the Union. |
| (a) | without prejudice to the first paragraph of Article 110b of this Regulation, the name of the beneficiaries, as follows: |

Text proposed by the Commission

Amendment

Article 110a

Article 110a

Publication of beneficiaries

Ex post
  publication of
  the
  beneficiaries
  of the EAGF and the EAFRD

1.
     Member States shall ensure annual ex post publication of the beneficiaries of the EAGF and the EAFRD.
  The publication shall contain:

Member States shall ensure annual ex post publication of the beneficiaries of the EAGF and the EAFRD.
  In doing so, they shall apply, mutatis mutandis, Article 21 of Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 on the financial rules applicable to the general budget of the Union.

(a)

without prejudice to the first paragraph of Article 110b of this Regulation, the name of the beneficiaries, as follows:

| | (i) | the first name and the surname where the beneficiaries are natural persons; |
| --- | --- | --- |

(i)

the first name and the surname where the beneficiaries are natural persons;

| | (ii) | the full legal name as registered where the beneficiaries are legal persons with the autonomous legal personality pursuant to the legislation of the Member State concerned; |
| --- | --- | --- |

(ii)

the full legal name as registered where the beneficiaries are legal persons with the autonomous legal personality pursuant to the legislation of the Member State concerned;

| | (iii) | the full name of the association as registered or otherwise officially recognised where the beneficiaries are associations without an own legal personality; |
| --- | --- | --- |

(iii)

the full name of the association as registered or otherwise officially recognised where the beneficiaries are associations without an own legal personality;

| (b) | the municipality where the beneficiary resides or is registered and, where available, the postal code or the part thereof identifying the municipality; |
| --- | --- |

(b)

the municipality where the beneficiary resides or is registered and, where available, the postal code or the part thereof identifying the municipality;

| (c) | the amounts of payment corresponding to each measure financed by the EAGF and the EAFRD received by each beneficiary in the financial year concerned; |
| --- | --- |

(c)

the amounts of payment corresponding to each measure financed by the EAGF and the EAFRD received by each beneficiary in the financial year concerned;

| (d) | the nature and the description of the measures financed by the EAGF or the EAFRD and under which the payment referred to in point (c) is awarded. |
| --- | --- |

(d)

the nature and the description of the measures financed by the EAGF or the EAFRD and under which the payment referred to in point (c) is awarded.

The information referred to in the first subparagraph shall be made available on a single website per Member State. It shall remain available for two years from the date of the initial publication.

2.
     
  As regards the payments corresponding to the measures financed by the EAFRD as referred to in point (c) of the first subparagraph of paragraph 1, the amounts to be published shall correspond to the total public funding, including both the Union and the national contribution.

Amendment 162

Proposal for a regulation

Article 110b

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 110b | deleted |
| Threshold | |
| Where the amount of aid received in one year by a beneficiary is equal or less than the amount fixed by a Member State pursuant to Article 49 of Regulation (EU) No DP/xxx that Member State shall not publish the name of that beneficiary as provided for in point (a) of the first subparagraph of Article 110a(1) of this Regulation. | |
| The amounts fixed by a Member State pursuant to Article 49 of Regulation (EU) No DP/xxx and notified to the Commission under that Regulation shall be made public by the Commission in accordance with the rules adopted under Article 110d. | |
| Where the first paragraph of this Article applies the Member States shall publish the information referred to in points (b), (c) and (d) of the first subparagraph of Article 110a(1) and the beneficiary shall be identified by a code. Member States shall decide on the form of that code. | |

Text proposed by the Commission

Amendment

Article 110b

deleted

Threshold

Where the amount of aid received in one year by a beneficiary is equal or less than the amount fixed by a Member State pursuant to Article 49 of Regulation (EU) No DP/xxx that Member State shall not publish the name of that beneficiary as provided for in point (a) of the first subparagraph of Article 110a(1) of this Regulation.

The amounts fixed by a Member State pursuant to Article 49 of Regulation (EU) No DP/xxx and notified to the Commission under that Regulation shall be made public by the Commission in accordance with the rules adopted under Article 110d.

Where the first paragraph of this Article applies the Member States shall publish the information referred to in points (b), (c) and (d) of the first subparagraph of Article 110a(1) and the beneficiary shall be identified by a code. Member States shall decide on the form of that code.

Amendment 165

Proposal for a regulation

Article 111 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   The
  delegation of
  power referred to in
  this Regulation
  shall be conferred on the Commission for
  an indeterminate period of time from the entry into force of this Regulation. | 2.   The power
  to adopt delegated acts
  referred to in
  Articles ...
  shall be conferred on the Commission for
  a period of five years from ...

   (1)

  . |

Text proposed by the Commission

Amendment

2.   The
  delegation of
  power referred to in
  this Regulation
  shall be conferred on the Commission for
  an indeterminate period of time from the entry into force of this Regulation.

2.   The power
  to adopt delegated acts
  referred to in
  Articles ...
  shall be conferred on the Commission for
  a period of five years from ...

   (1)

  .

Amendment 166

Proposal for a regulation

Article 111 — paragraph 2 — subparagraph 1a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | The Commission shall, not later than nine months before the expiry of a period of five years, submit a report on the delegated powers. The delegation of power shall be extended by the same period if the European Parliament and the Council agree to this extension not later than three months before the end of each period. To this end, the European Parliament shall decide by a majority of its members and the Council by a qualified majority. |

Text proposed by the Commission

Amendment

The Commission shall, not later than nine months before the expiry of a period of five years, submit a report on the delegated powers. The delegation of power shall be extended by the same period if the European Parliament and the Council agree to this extension not later than three months before the end of each period. To this end, the European Parliament shall decide by a majority of its members and the Council by a qualified majority.

Amendment 167

Proposal for a regulation

Annex 1 — paragraph 1 — subparagraph 1 — indent 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | Information helping farmers to plan how best to invest in ‘climate-proofing’ their farm systems, and which Union funds they can use to do so; specifically, information on adapting farmland to climatic fluctuations and longer term changes and information on how to adopt practical agronomic measures to increase the resilience of farming systems to floods and droughts and to improve and optimise soil carbon levels. |

Text proposed by the Commission

Amendment

—

Information helping farmers to plan how best to invest in ‘climate-proofing’ their farm systems, and which Union funds they can use to do so; specifically, information on adapting farmland to climatic fluctuations and longer term changes and information on how to adopt practical agronomic measures to increase the resilience of farming systems to floods and droughts and to improve and optimise soil carbon levels.

Amendment 168

Proposal for a regulation

Annex 1 — paragraph 1 — subparagraph 2 — indent 7 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | Information on the positive correlation between biodiversity and agro-ecosystem resilience, and the spreading of risk, and also the link between monocultures and susceptibility to crop failure/damage from pests and extreme climatic events |

Text proposed by the Commission

Amendment

—

Information on the positive correlation between biodiversity and agro-ecosystem resilience, and the spreading of risk, and also the link between monocultures and susceptibility to crop failure/damage from pests and extreme climatic events

Amendment 169

Proposal for a regulation

Annex 1 — paragraph 1 — subparagraph 2 — indent 8 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | Information on how to best prevent the spread of alien invasive species and why this is important for the effective functioning of the ecosystem and for its resilience against climate change, including information on access to funding for eradication schemes where additional costs are implied |

Text proposed by the Commission

Amendment

—

Information on how to best prevent the spread of alien invasive species and why this is important for the effective functioning of the ecosystem and for its resilience against climate change, including information on access to funding for eradication schemes where additional costs are implied

Amendment 170

Proposal for a regulation

Annex 1 — paragraph 1 — subparagraph 3 — indent 5 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | Information on sustainable, low volume irrigation systems and on how to optimise rain-fed systems, in order to promote efficient water use. |

Text proposed by the Commission

Amendment

—

Information on sustainable, low volume irrigation systems and on how to optimise rain-fed systems, in order to promote efficient water use.

Amendment 171

Proposal for a regulation

Annex 1 — paragraph 1 — subparagraph 3 — indent 5 c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | Information on reducing water use in agriculture, including crop choice, on improving soil humus to increase water retention and on decreasing the need to irrigate. |

Text proposed by the Commission

Amendment

—

Information on reducing water use in agriculture, including crop choice, on improving soil humus to increase water retention and on decreasing the need to irrigate.

Amendment 172

Proposal for a regulation

Annex 1 — paragraph 1 — subparagraph 5 — indent 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| — | Information on
  actions targeted towards innovation
  . |

Text proposed by the Commission

Amendment

—

Information on
  actions targeted towards innovation
  .

| — | Information on
  the objectives of the European Innovation Partnerships for Agricultural productivity and sustainability as stated on Article 61 of Regulation (EU) No .../2013 [RD]
  . |
| --- | --- |

—

Information on
  the objectives of the European Innovation Partnerships for Agricultural productivity and sustainability as stated on Article 61 of Regulation (EU) No .../2013 [RD]
  .

Amendment 173

Proposal for a regulation

Annex 1 — paragraph 1 — subparagraph 5 — indent 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | Information on the existing operational groups created under article 62 of Regulation (EU) No .../2013 [RD] including their tasks and foster exchange and cooperation with them when appropriate. |

Text proposed by the Commission

Amendment

—

Information on the existing operational groups created under article 62 of Regulation (EU) No .../2013 [RD] including their tasks and foster exchange and cooperation with them when appropriate.

Amendment 174

Proposal for a regulation

Annex 1 — paragraph 1 — subparagraph 5 — indent 3 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | — | Information on Rural Development Programmes oriented to the fulfilment of the priorities of knowledge transfer and innovation in agriculture as referred to in Article 5 (1) of Regulation (EU) No .../2013 [RD]. |

Text proposed by the Commission

Amendment

—

Information on Rural Development Programmes oriented to the fulfilment of the priorities of knowledge transfer and innovation in agriculture as referred to in Article 5 (1) of Regulation (EU) No .../2013 [RD].

Amendment 175

Proposal for a regulation

Annex 1 — paragraph 1 — subparagraph 5 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Exchange of best practice, training and capacity building (horizontal to all themes mentioned above) |

Text proposed by the Commission

Amendment

Exchange of best practice, training and capacity building (horizontal to all themes mentioned above)

Amendment 176

Proposal for a regulation

Annex II — Main Issue ‘Water’ — SMR1 — last column

| Text proposed by the Commission | Amendment |
| --- | --- |
| Articles 4 and 5 | Compliance with the action programme and with the code of good practice for farms in vulnerable areas |

Text proposed by the Commission

Amendment

Articles 4 and 5

Compliance with the action programme and with the code of good practice for farms in vulnerable areas

Amendment 180

Proposal for a regulation

Annex II — Main issue ‘Soil and carbon stock’ — GAEC 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| Maintenance of soil organic matter level including ban on burning arable stubble | Maintenance of soil organic matter level
  through appropriate practices
  including ban on burning arable stubble
  , except for plant health reasons or for pruning residue
  . |

Text proposed by the Commission

Amendment

Maintenance of soil organic matter level including ban on burning arable stubble

Maintenance of soil organic matter level
  through appropriate practices
  including ban on burning arable stubble
  , except for plant health reasons or for pruning residue
  .

Amendment 181

Proposal for a regulation

Annex II — Main Issue ‘Soil and carbon stock’ — GAEC 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| Protection of wetland and carbon rich soils including a ban of first ploughing | deleted |

Text proposed by the Commission

Amendment

Protection of wetland and carbon rich soils including a ban of first ploughing

deleted

Amendment 184

Proposal for a regulation

Annexe II — Main Issue ‘Landscape, minimum level of maintenance’ — GAEC 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| Retention of landscape features, including where appropriate, hedges, ponds, ditches, trees in line, in group or isolated, field margins and terraces, and including a ban on cutting hedges and trees during the bird breeding and rearing season
  and possible measures for avoiding invasive species and pests | Retention of landscape features, including where appropriate,
  semi-natural habitats,
  hedges, ponds, ditches, trees in line, in group or isolated, field margins and terraces, and including a ban on cutting hedges and trees during the bird breeding and rearing season. |

Text proposed by the Commission

Amendment

Retention of landscape features, including where appropriate, hedges, ponds, ditches, trees in line, in group or isolated, field margins and terraces, and including a ban on cutting hedges and trees during the bird breeding and rearing season
  and possible measures for avoiding invasive species and pests

Retention of landscape features, including where appropriate,
  semi-natural habitats,
  hedges, ponds, ditches, trees in line, in group or isolated, field margins and terraces, and including a ban on cutting hedges and trees during the bird breeding and rearing season.

Amendment 192

Proposal for a regulation

Annex II — Main Issue ‘Action on antimicrobial resistance (AMR)’ (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Action on antimicrobial resistance (AMR) |

Text proposed by the Commission

Amendment

Action on antimicrobial resistance (AMR)

Amendment 193

Proposal for a regulation

Annex II — Main Issue ‘Action on antimicrobial resistance (AMR)’ (new) — GAEC 8c (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Commission Action plan against the rising threats from Antimicrobial Resistance, (COM(2011) 748, 15.11.2011). For food producing animals: Good Farming Practices to avoid infections including density limits, documentation of treatments including prophylaxis, no use of critically important antimicrobials |

Text proposed by the Commission

Amendment

Commission Action plan against the rising threats from Antimicrobial Resistance, (COM(2011) 748, 15.11.2011). For food producing animals: Good Farming Practices to avoid infections including density limits, documentation of treatments including prophylaxis, no use of critically important antimicrobials

Amendment 194

Proposal for a regulation

Annex II — Main Issue ‘Plant protection products’ — SMR 10 — last column

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 55, first and second sentence | Correct application of plant protection products; use of authorised products only, in the recommended quantities and in line with the indications on the label. Keeping a record of the name of the product used, its formulation, the date on which it was applied to the parcel of land concerned, the person applying it and the level of that person’s qualifications, the amount applied and the method of application |

Text proposed by the Commission

Amendment

Article 55, first and second sentence

Correct application of plant protection products; use of authorised products only, in the recommended quantities and in line with the indications on the label. Keeping a record of the name of the product used, its formulation, the date on which it was applied to the parcel of land concerned, the person applying it and the level of that person’s qualifications, the amount applied and the method of application

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(1)  
  Date of entry into force of this Regulation.

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