# Official Journal C 332E/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.CE2013.332.eng |
| --- | --- |
| Official Journal
  of the European Union | C 332E |
| | |
| English edition | Information and Notices | Volume 5615 November 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.CE2013.332.eng

Official Journal

of the European Union

C 332E

English edition

Information and Notices

Volume 5615 November 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | European Parliament2012-2013 SESSIONSittings of 12 to 14 June 2012The Minutes of this session have been published in OJ C 284 E, 20.9.2012.TEXTS ADOPTED |
| | Tuesday 12 June 2012 |
| 2013/C 332E/01 | Development cooperation with Latin AmericaEuropean Parliament resolution of 12 June 2012 on defining a new development cooperation with Latin America (2011/2286(INI)) | 1 |
| 2013/C 332E/02 | Cross-border voluntary activities in the EUEuropean Parliament resolution of 12 June 2012 on recognising and promoting cross-border voluntary activities in the EU (2011/2293(INI)) | 14 |
| 2013/C 332E/03 | Critical information infrastructure protection: towards global cyber-securityEuropean Parliament resolution of 12 June 2012 on critical information infrastructure protection – achievements and next steps: towards global cyber-security (2011/2284(INI)) | 22 |
| 2013/C 332E/04 | Energy policy cooperation with partners beyond our bordersEuropean Parliament resolution of 12 June 2012 on Engaging in energy policy cooperation with partners beyond our borders: A strategic approach to secure, sustainable and competitive energy supply (2012/2029(INI)) | 28 |
| | Wednesday 13 June 2012 |
| 2013/C 332E/05 | Multiannual financial framework and own resourcesEuropean Parliament resolution of 13 June 2012 on the Multiannual Financial Framework and own resources (2012/2678(RSP)) | 42 |
| 2013/C 332E/06 | EU trade negotiations with JapanEuropean Parliament resolution of 13 June 2012 on EU trade negotiations with Japan (2012/2651(RSP)) | 44 |
| 2013/C 332E/07 | Guinea-BissauEuropean Parliament resolution of 13 June 2012 on the military coup in Guinea-Bissau (2012/2660(RSP)) | 45 |
| 2013/C 332E/08 | Sudan and South SudanEuropean Parliament resolution of 13 June 2012 on the situation in Sudan and South Sudan (2012/2659(RSP)) | 49 |
| 2013/C 332E/09 | EU trade agreement with Colombia and PeruEuropean Parliament resolution of 13 June 2012 on the EU trade agreement with Colombia and Peru (2012/2628(RSP)) | 52 |
| 2013/C 332E/10 | Negotiations on the UN Arms Trade TreatyEuropean Parliament resolution of 13 June 2012 on the negotiations on the UN Arms Trade Treaty (ATT) (2012/2636(RSP)) | 58 |
| 2013/C 332E/11 | Follow-up of the elections in the Democratic Republic of CongoEuropean Parliament resolution of 13 June 2012 on the monitoring of elections in the Democratic Republic of Congo (2012/2673(RSP)) | 63 |
| | Thursday 14 June 2012 |
| 2013/C 332E/12 | Public consultations and their availability in all EU languagesEuropean Parliament resolution of 14 June 2012 on public consultations and their availability in all EU languages (2012/2676(RSP)) | 68 |
| 2013/C 332E/13 | Situation in TibetEuropean Parliament resolution of 14 June 2012 on the human rights situation in Tibet (2012/2685(RSP)) | 69 |
| 2013/C 332E/14 | Future of the Single Market ActEuropean Parliament resolution of 14 June 2012 on Single Market Act: The Next Steps to Growth (2012/2663(RSP)) | 72 |
| 2013/C 332E/15 | Future of European company lawEuropean Parliament resolution of 14 June 2012 on the future of European company law (2012/2669(RSP)) | 78 |
| 2013/C 332E/16 | Towards a job-rich recoveryEuropean Parliament resolution of 14 June 2012 on Towards a job-rich recovery (2012/2647(RSP)) | 81 |
| 2013/C 332E/17 | Female genital mutilationEuropean Parliament resolution of 14 June 2012 on ending female genital mutilation (2012/2684(RSP)) | 87 |
| 2013/C 332E/18 | Defective silicone gel breast implants made by French company PIPEuropean Parliament resolution of 14 June 2012 on defective silicone gel breast implants made by French company PIP (2012/2621(RSP)) | 89 |
| 2013/C 332E/19 | Human rights and the security situation in the Sahel regionEuropean Parliament resolution of 14 June 2012 on human rights and the security situation in the Sahel region (2012/2680(RSP)) | 94 |
| 2013/C 332E/20 | Cases of impunity in the PhilippinesEuropean Parliament resolution of 14 June 2012 on the cases of impunity in the Philippines (2012/2681(RSP)) | 99 |
| 2013/C 332E/21 | Situation of ethnic minorities in IranEuropean Parliament resolution of 14 June 2012 on the situation of ethnic minorities in Iran (2012/2682(RSP)) | 102 |
| 2013/C 332E/22 | European cardiac arrest awareness weekDeclaration of the European Parliament of 14 June 2012 on establishing a European cardiac arrest awareness week | 104 |
| | RECOMMENDATIONS |
| | European Parliament |
| | Wednesday 13 June 2012 |
| 2013/C 332E/23 | Recommendation to the Council on the 67th session of the United Nations General AssemblyEuropean Parliament recommendation to the Council of 13 June 2012 on the 67th session of the United Nations General Assembly (2012/2036(INI)) | 106 |
| 2013/C 332E/24 | EU Special Representative for Human RightsEuropean Parliament recommendation to the Council of 13 June 2012 on the EU Special Representative for Human Rights (2012/2088(INI)) | 114 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament2012-2013 SESSIONSittings of 12 to 14 June 2012The Minutes of this session have been published in OJ C 284 E, 20.9.2012.TEXTS ADOPTED

Tuesday 12 June 2012

2013/C 332E/01

Development cooperation with Latin AmericaEuropean Parliament resolution of 12 June 2012 on defining a new development cooperation with Latin America (2011/2286(INI))

1

2013/C 332E/02

Cross-border voluntary activities in the EUEuropean Parliament resolution of 12 June 2012 on recognising and promoting cross-border voluntary activities in the EU (2011/2293(INI))

14

2013/C 332E/03

Critical information infrastructure protection: towards global cyber-securityEuropean Parliament resolution of 12 June 2012 on critical information infrastructure protection – achievements and next steps: towards global cyber-security (2011/2284(INI))

22

2013/C 332E/04

Energy policy cooperation with partners beyond our bordersEuropean Parliament resolution of 12 June 2012 on Engaging in energy policy cooperation with partners beyond our borders: A strategic approach to secure, sustainable and competitive energy supply (2012/2029(INI))

28

Wednesday 13 June 2012

2013/C 332E/05

Multiannual financial framework and own resourcesEuropean Parliament resolution of 13 June 2012 on the Multiannual Financial Framework and own resources (2012/2678(RSP))

42

2013/C 332E/06

EU trade negotiations with JapanEuropean Parliament resolution of 13 June 2012 on EU trade negotiations with Japan (2012/2651(RSP))

44

2013/C 332E/07

Guinea-BissauEuropean Parliament resolution of 13 June 2012 on the military coup in Guinea-Bissau (2012/2660(RSP))

45

2013/C 332E/08

Sudan and South SudanEuropean Parliament resolution of 13 June 2012 on the situation in Sudan and South Sudan (2012/2659(RSP))

49

2013/C 332E/09

EU trade agreement with Colombia and PeruEuropean Parliament resolution of 13 June 2012 on the EU trade agreement with Colombia and Peru (2012/2628(RSP))

52

2013/C 332E/10

Negotiations on the UN Arms Trade TreatyEuropean Parliament resolution of 13 June 2012 on the negotiations on the UN Arms Trade Treaty (ATT) (2012/2636(RSP))

58

2013/C 332E/11

Follow-up of the elections in the Democratic Republic of CongoEuropean Parliament resolution of 13 June 2012 on the monitoring of elections in the Democratic Republic of Congo (2012/2673(RSP))

63

Thursday 14 June 2012

2013/C 332E/12

Public consultations and their availability in all EU languagesEuropean Parliament resolution of 14 June 2012 on public consultations and their availability in all EU languages (2012/2676(RSP))

68

2013/C 332E/13

Situation in TibetEuropean Parliament resolution of 14 June 2012 on the human rights situation in Tibet (2012/2685(RSP))

69

2013/C 332E/14

Future of the Single Market ActEuropean Parliament resolution of 14 June 2012 on Single Market Act: The Next Steps to Growth (2012/2663(RSP))

72

2013/C 332E/15

Future of European company lawEuropean Parliament resolution of 14 June 2012 on the future of European company law (2012/2669(RSP))

78

2013/C 332E/16

Towards a job-rich recoveryEuropean Parliament resolution of 14 June 2012 on Towards a job-rich recovery (2012/2647(RSP))

81

2013/C 332E/17

Female genital mutilationEuropean Parliament resolution of 14 June 2012 on ending female genital mutilation (2012/2684(RSP))

87

2013/C 332E/18

Defective silicone gel breast implants made by French company PIPEuropean Parliament resolution of 14 June 2012 on defective silicone gel breast implants made by French company PIP (2012/2621(RSP))

89

2013/C 332E/19

Human rights and the security situation in the Sahel regionEuropean Parliament resolution of 14 June 2012 on human rights and the security situation in the Sahel region (2012/2680(RSP))

94

2013/C 332E/20

Cases of impunity in the PhilippinesEuropean Parliament resolution of 14 June 2012 on the cases of impunity in the Philippines (2012/2681(RSP))

99

2013/C 332E/21

Situation of ethnic minorities in IranEuropean Parliament resolution of 14 June 2012 on the situation of ethnic minorities in Iran (2012/2682(RSP))

102

2013/C 332E/22

European cardiac arrest awareness weekDeclaration of the European Parliament of 14 June 2012 on establishing a European cardiac arrest awareness week

104

RECOMMENDATIONS

European Parliament

Wednesday 13 June 2012

2013/C 332E/23

Recommendation to the Council on the 67th session of the United Nations General AssemblyEuropean Parliament recommendation to the Council of 13 June 2012 on the 67th session of the United Nations General Assembly (2012/2036(INI))

106

2013/C 332E/24

EU Special Representative for Human RightsEuropean Parliament recommendation to the Council of 13 June 2012 on the EU Special Representative for Human Rights (2012/2088(INI))

114

| | III   Preparatory acts |
| --- | --- |
| | EUROPEAN PARLIAMENT |
| | Tuesday 12 June 2012 |
| 2013/C 332E/25 | European Globalisation Adjustment Fund (EGF) – application EGF/2011/020 ES/Comunidad Valenciana – Footwear, SpainEuropean Parliament resolution of 12 June 2012 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/020 ES/Comunidad Valenciana footwear from Spain) (COM(2012)0204 – C7-0112/2012 – 2012/2089(BUD)) | 118 |
| ANNEX | 121 |
| 2013/C 332E/26 | Draft Amending Budget No 2/ 2012: EU Solidarity Fund appropriations to address flooding in Italy (Liguria and Tuscany) in 2011European Parliament resolution of 12 June 2012 on the Council position on Draft amending budget No 2/2012 of the European Union for the financial year 2012, Section III – European Commission (09916/2012 – C7-0123/2012 – 2012/2057(BUD)) | 121 |
| 2013/C 332E/27 | Mobilisation of the EU Solidarity Fund - floods in Liguria and TuscanyEuropean Parliament resolution of 12 June 2012 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2012)0126 – C7-0078/2012 – 2012/2051(BUD)) | 122 |
| ANNEX | 123 |
| 2013/C 332E/28 | Mobilisation of the European Globalisation Adjustment Fund: EGF/2012/000 TA 2012 - Request for technical assistance at the initiative of the CommissionEuropean Parliament resolution of 12 June 2012 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (EGF/2012/000 TA 2012 - Technical assistance at the initiative of the Commission) (COM(2012)0160 – C7-0091/2012 – 2012/2058(BUD)) | 123 |
| ANNEX | 126 |
| | Wednesday 13 June 2012 |
| 2013/C 332E/29 | Nomination of a member of the Court of Auditors (Iliana Ivanova - Bulgaria)European Parliament decision of 13 June 2012 on the nomination of Iliana Ivanova as a Member of the Court of Auditors (C7-0111/2012 – 2012/0803(NLE)) | 127 |
| 2013/C 332E/30 | Scheme of generalised tariff preferences ***IEuropean Parliament legislative resolution of 13 June 2012 on the proposal for a regulation of the European Parliament and of the Council applying a scheme of generalised tariff preferences (COM(2011)0241 – C7-0116/2011 – 2011/0117(COD)) | 127 |
| P7_TC1-COD(2011)0117Position of the European Parliament adopted at first reading on 13 June 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 | 128 |
| 2013/C 332E/31 | Economic and budgetary surveillance of Member States with serious difficulties with respect to their financial stability in the euro area ***IAmendments adopted by the European Parliament on 13 June 2012 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)) | 128 |
| 2013/C 332E/32 | Monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area ***IAmendments adopted by the European Parliament on 13 June 2012 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)) | 150 |
| 2013/C 332E/33 | Extension of the geographic scope of the EBRD to the Southern and Eastern Mediterranean ***IEuropean Parliament legislative resolution of 13 June 2012 on the proposal for a decision of the European Parliament and of the Council on amendments to the Agreement Establishing the European Bank for Reconstruction and Development (EBRD) extending the geographic scope of EBRD operations to the Southern and Eastern Mediterranean (COM(2011)0905 – C7-0523/2011 – 2011/0442(COD)) | 177 |
| P7_TC1-COD(2011)0442Position of the European Parliament adopted at first reading on 13 June 2012 with a view to the adoption of Decision No .../2012/EU of the European Parliament and of the Council on amendments to the Agreement Establishing the European Bank for Reconstruction and Development (EBRD) extending the geographic scope of EBRD operations to the Southern and Eastern Mediterranean | 177 |
| | Thursday 14 June 2012 |
| 2013/C 332E/34 | Stock of herring distributed to the west of Scotland ***IEuropean Parliament legislative resolution of 14 June 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (COM(2011)0760 – C7-0432/2011 – 2011/0345(COD)) | 178 |
| P7_TC1-COD(2011)0345Position of the European Parliament adopted at first reading on 14 June 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1300/2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock | 178 |
| 2013/C 332E/35 | Major-accident hazards involving dangerous substances ***IEuropean Parliament legislative resolution of 14 June 2012 on the proposal for a directive of the European Parliament and of the Council on control of major-accident hazards involving dangerous substances (COM(2010)0781 – C7-0011/2011 – 2010/0377(COD)) | 182 |
| P7_TC1-COD(2010)0377Position of the European Parliament adopted at first reading on 14 June 2012 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC | 183 |
| Annex to the legislative resolution | 183 |
| 2013/C 332E/36 | Food intended for infants and young children and food for special medical purposes ***IEuropean Parliament legislative resolution of 14 June 2012 on the proposal for a regulation of the European Parliament and of the Council on food intended for infants and young children and on food for special medical purposes (COM(2011)0353 – C7-0169/2011 – 2011/0156(COD)) | 183 |
| P7_TC1-COD(2011)0156Position of the European Parliament adopted at first reading on 14 June 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council on food intended for infants and young children and

  ,
  on food for special medical purposes
  , on food for people intolerant to gluten and on food intended for use in low and very low calorie diets
  [Am. 1] (
  1
  ) | 184 |
| Annex I | 207 |
| Annex II | 207 |

III   Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 12 June 2012

2013/C 332E/25

European Globalisation Adjustment Fund (EGF) – application EGF/2011/020 ES/Comunidad Valenciana – Footwear, SpainEuropean Parliament resolution of 12 June 2012 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/020 ES/Comunidad Valenciana footwear from Spain) (COM(2012)0204 – C7-0112/2012 – 2012/2089(BUD))

118

ANNEX

ANNEX

121

2013/C 332E/26

Draft Amending Budget No 2/ 2012: EU Solidarity Fund appropriations to address flooding in Italy (Liguria and Tuscany) in 2011European Parliament resolution of 12 June 2012 on the Council position on Draft amending budget No 2/2012 of the European Union for the financial year 2012, Section III – European Commission (09916/2012 – C7-0123/2012 – 2012/2057(BUD))

121

2013/C 332E/27

Mobilisation of the EU Solidarity Fund - floods in Liguria and TuscanyEuropean Parliament resolution of 12 June 2012 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2012)0126 – C7-0078/2012 – 2012/2051(BUD))

122

ANNEX

ANNEX

123

2013/C 332E/28

Mobilisation of the European Globalisation Adjustment Fund: EGF/2012/000 TA 2012 - Request for technical assistance at the initiative of the CommissionEuropean Parliament resolution of 12 June 2012 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (EGF/2012/000 TA 2012 - Technical assistance at the initiative of the Commission) (COM(2012)0160 – C7-0091/2012 – 2012/2058(BUD))

123

ANNEX

ANNEX

126

Wednesday 13 June 2012

2013/C 332E/29

Nomination of a member of the Court of Auditors (Iliana Ivanova - Bulgaria)European Parliament decision of 13 June 2012 on the nomination of Iliana Ivanova as a Member of the Court of Auditors (C7-0111/2012 – 2012/0803(NLE))

127

2013/C 332E/30

Scheme of generalised tariff preferences ***IEuropean Parliament legislative resolution of 13 June 2012 on the proposal for a regulation of the European Parliament and of the Council applying a scheme of generalised tariff preferences (COM(2011)0241 – C7-0116/2011 – 2011/0117(COD))

127

P7_TC1-COD(2011)0117Position of the European Parliament adopted at first reading on 13 June 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008

128

2013/C 332E/31

Economic and budgetary surveillance of Member States with serious difficulties with respect to their financial stability in the euro area ***IAmendments adopted by the European Parliament on 13 June 2012 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))

128

2013/C 332E/32

Monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area ***IAmendments adopted by the European Parliament on 13 June 2012 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))

150

2013/C 332E/33

Extension of the geographic scope of the EBRD to the Southern and Eastern Mediterranean ***IEuropean Parliament legislative resolution of 13 June 2012 on the proposal for a decision of the European Parliament and of the Council on amendments to the Agreement Establishing the European Bank for Reconstruction and Development (EBRD) extending the geographic scope of EBRD operations to the Southern and Eastern Mediterranean (COM(2011)0905 – C7-0523/2011 – 2011/0442(COD))

177

P7_TC1-COD(2011)0442Position of the European Parliament adopted at first reading on 13 June 2012 with a view to the adoption of Decision No .../2012/EU of the European Parliament and of the Council on amendments to the Agreement Establishing the European Bank for Reconstruction and Development (EBRD) extending the geographic scope of EBRD operations to the Southern and Eastern Mediterranean

177

Thursday 14 June 2012

2013/C 332E/34

Stock of herring distributed to the west of Scotland ***IEuropean Parliament legislative resolution of 14 June 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (COM(2011)0760 – C7-0432/2011 – 2011/0345(COD))

178

P7_TC1-COD(2011)0345Position of the European Parliament adopted at first reading on 14 June 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1300/2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock

178

2013/C 332E/35

Major-accident hazards involving dangerous substances ***IEuropean Parliament legislative resolution of 14 June 2012 on the proposal for a directive of the European Parliament and of the Council on control of major-accident hazards involving dangerous substances (COM(2010)0781 – C7-0011/2011 – 2010/0377(COD))

182

P7_TC1-COD(2010)0377Position of the European Parliament adopted at first reading on 14 June 2012 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC

183

Annex to the legislative resolution

183

2013/C 332E/36

Food intended for infants and young children and food for special medical purposes ***IEuropean Parliament legislative resolution of 14 June 2012 on the proposal for a regulation of the European Parliament and of the Council on food intended for infants and young children and on food for special medical purposes (COM(2011)0353 – C7-0169/2011 – 2011/0156(COD))

183

P7_TC1-COD(2011)0156Position of the European Parliament adopted at first reading on 14 June 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council on food intended for infants and young children and

  ,
  on food for special medical purposes
  , on food for people intolerant to gluten and on food intended for use in low and very low calorie diets
  [Am. 1] (
  1
  )

and

,

, on food for people intolerant to gluten and on food intended for use in low and very low calorie diets

1

184

Annex I

Annex I

207

Annex II

Annex II

207

| Key to symbols used






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

Key to symbols used

*

Consultation procedure

**I

Cooperation procedure: first reading

**II

Cooperation procedure: second reading

***

Assent procedure

***I

Codecision procedure: first reading

***II

Codecision procedure: second reading

***III

Codecision procedure: third reading

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

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

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

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

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

EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament 2012-2013 SESSION Sittings of 12 to 14 June 2012 The Minutes of this session have been published in OJ C 284 E, 20.9.2012. TEXTS ADOPTED

Tuesday 12 June 2012

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/1 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/1

---

Tuesday 12 June 2012Development cooperation with Latin America

P7_TA(2012)0235

European Parliament resolution of 12 June 2012 on defining a new development cooperation with Latin America (2011/2286(INI))

2013/C 332 E/01

The European Parliament,

| — | having regard to the declarations of the six Summits of Heads of State and Government of Latin America and the Caribbean and the EU that were held in Rio de Janeiro (28 and 29 June 1999), Madrid (17 and 18 May 2002), Guadalajara (28 and 29 May 2004), Vienna (12 and 13 May 2006), Lima (16 and 17 May 2008) and Madrid (17 and 18 May 2010), |
| --- | --- |

—

having regard to the declarations of the six Summits of Heads of State and Government of Latin America and the Caribbean and the EU that were held in Rio de Janeiro (28 and 29 June 1999), Madrid (17 and 18 May 2002), Guadalajara (28 and 29 May 2004), Vienna (12 and 13 May 2006), Lima (16 and 17 May 2008) and Madrid (17 and 18 May 2010),

| — | having regard to the declaration adopted at the 21st Ibero-American Summit of Heads of State and Government held in Asunción (Paraguay) on 28 and 29 October 2011, |
| --- | --- |

—

having regard to the declaration adopted at the 21st Ibero-American Summit of Heads of State and Government held in Asunción (Paraguay) on 28 and 29 October 2011,

| — | having regard to the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol and the results of the 25th Conference of the Parties to the UNFCCC, held in Copenhagen, the 16th Conference held in Cancun and the 17th Conference held in Durban; |
| --- | --- |

—

having regard to the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol and the results of the 25th Conference of the Parties to the UNFCCC, held in Copenhagen, the 16th Conference held in Cancun and the 17th Conference held in Durban;

| — | having regard to the Monterrey Consensus (2002), the Conference on Financing for Development in Doha (2008), the Paris Declaration (2005) and the Accra Agenda for Change (2008), |
| --- | --- |

—

having regard to the Monterrey Consensus (2002), the Conference on Financing for Development in Doha (2008), the Paris Declaration (2005) and the Accra Agenda for Change (2008),

| — | having regard to the Millennium Declaration of the United Nations of 8 September 2000, which set the Millennium Development Goals (MDGs) as the criteria jointly agreed by the international community for the eradication of poverty, |
| --- | --- |

—

having regard to the Millennium Declaration of the United Nations of 8 September 2000, which set the Millennium Development Goals (MDGs) as the criteria jointly agreed by the international community for the eradication of poverty,

| — | having regard to the Declaration and Action Plan adopted at the Busan High-Level Forum on Aid Effectiveness in December 2011, |
| --- | --- |

—

having regard to the Declaration and Action Plan adopted at the Busan High-Level Forum on Aid Effectiveness in December 2011,

| — | having regard to the preparatory process for the United Nations Conference on Sustainable Development (Rio+20), |
| --- | --- |

—

having regard to the preparatory process for the United Nations Conference on Sustainable Development (Rio+20),

| — | having regard to the joint statement of the 14th ministerial meeting of the Rio Group and the EU held in Prague on 13 and 14 May 2009, |
| --- | --- |

—

having regard to the joint statement of the 14th ministerial meeting of the Rio Group and the EU held in Prague on 13 and 14 May 2009,

| — | having regard to Article 208 of the Treaty on the Functioning of the European Union (TFEU), which stipulates that ‘Union development cooperation policy shall have as its primary objective the reduction and, in the long term, the eradication of poverty. The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries’, |
| --- | --- |

—

having regard to Article 208 of the Treaty on the Functioning of the European Union (TFEU), which stipulates that ‘Union development cooperation policy shall have as its primary objective the reduction and, in the long term, the eradication of poverty. The Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries’,

| — | having regard to the European Consensus on Development (1), in particular point 61 thereof, which recognises the importance of Middle-Income Countries in achieving the MDGs and shows the difficulties that these countries, as well as Middle-Upper Income Countries, face, |
| --- | --- |

—

having regard to the European Consensus on Development (1), in particular point 61 thereof, which recognises the importance of Middle-Income Countries in achieving the MDGs and shows the difficulties that these countries, as well as Middle-Upper Income Countries, face,

| — | having regard to the Code of Conduct on Complementarity and Division of Labour of 2007, |
| --- | --- |

—

having regard to the Code of Conduct on Complementarity and Division of Labour of 2007,

| — | having regard to the conclusions of the Council of the European Union of 8 December 2009 regarding EU-Latin America relations, |
| --- | --- |

—

having regard to the conclusions of the Council of the European Union of 8 December 2009 regarding EU-Latin America relations,

| — | having regard to the Madrid Action Plan approved at the EU–LAC Summit of May 2010 and its 6 key areas: 1- Science, research, innovation and technology; 2- Sustainable development; environment; climate change; biodiversity; energy; 3- Regional integration and interconnectivity to promote social inclusion and cohesion; 4- Migration; 5- Education and employment; 6- Drugs, |
| --- | --- |

—

having regard to the Madrid Action Plan approved at the EU–LAC Summit of May 2010 and its 6 key areas: 1- Science, research, innovation and technology; 2- Sustainable development; environment; climate change; biodiversity; energy; 3- Regional integration and interconnectivity to promote social inclusion and cohesion; 4- Migration; 5- Education and employment; 6- Drugs,

| — | having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (2), |
| --- | --- |

—

having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation (2),

| — | having regard to the Commission document on regional programming for Latin America (2007-2013) of 12 July 2007 (E/2007/1417), and the mid-term review, |
| --- | --- |

—

having regard to the Commission document on regional programming for Latin America (2007-2013) of 12 July 2007 (E/2007/1417), and the mid-term review,

| — | having regard to the communication from the Commission of 30 September 2009 entitled ‘The European Union and Latin America: Global Players in Partnership’ (COM(2009)0495), |
| --- | --- |

—

having regard to the communication from the Commission of 30 September 2009 entitled ‘The European Union and Latin America: Global Players in Partnership’ (COM(2009)0495),

| — | having regard to the communication from the Commission of 15 September 2009 entitled ‘Policy Coherence for Development – Establishing the policy framework for a whole-of-the-Union approach’ (COM(2009)0458) and the conclusions of the General Affairs and External Relations Council of 17 November 2009 regarding policy coherence for development (PCD), as well as the operational framework on aid effectiveness, |
| --- | --- |

—

having regard to the communication from the Commission of 15 September 2009 entitled ‘Policy Coherence for Development – Establishing the policy framework for a whole-of-the-Union approach’ (COM(2009)0458) and the conclusions of the General Affairs and External Relations Council of 17 November 2009 regarding policy coherence for development (PCD), as well as the operational framework on aid effectiveness,

| — | having regard to the Commission Green Paper of 10 November 2010 entitled ‘EU development policy in support of inclusive growth and sustainable development – Increasing the impact of EU development policy’ (COM(2010)0629), |
| --- | --- |

—

having regard to the Commission Green Paper of 10 November 2010 entitled ‘EU development policy in support of inclusive growth and sustainable development – Increasing the impact of EU development policy’ (COM(2010)0629),

| — | having regard to the communication from the Commission of 13 October 2011 entitled ‘Increasing the impact of EU Development Policy: an Agenda for Change’ (COM(2011)0637), |
| --- | --- |

—

having regard to the communication from the Commission of 13 October 2011 entitled ‘Increasing the impact of EU Development Policy: an Agenda for Change’ (COM(2011)0637),

| — | having regard to the communication from the Commission to the Council and the European Parliament of 20 August 2009 entitled ‘GDP and beyond. Measuring progress in a changing world’ (COM(2009)0433), |
| --- | --- |

—

having regard to the communication from the Commission to the Council and the European Parliament of 20 August 2009 entitled ‘GDP and beyond. Measuring progress in a changing world’ (COM(2009)0433),

| — | having regard to the communication from the Commission to the European Parliament and the Council entitled ‘Preparation of the multi-annual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014-2020 period’ (COM(2011)0837, SEC(2011)1459, SEC(2011)1460), |
| --- | --- |

—

having regard to the communication from the Commission to the European Parliament and the Council entitled ‘Preparation of the multi-annual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014-2020 period’ (COM(2011)0837, SEC(2011)1459, SEC(2011)1460),

| — | having regard to the proposal for a regulation of the European Parliament and of the Council establishing a Partnership Instrument for cooperation with third countries (COM(2011)0843, SEC(2011)1475, SEC(2011)1476), |
| --- | --- |

—

having regard to the proposal for a regulation of the European Parliament and of the Council establishing a Partnership Instrument for cooperation with third countries (COM(2011)0843, SEC(2011)1475, SEC(2011)1476),

| — | having regard to the communication from the Commission of 29 June 2011 entitled ‘A Budget for Europe 2020’ (COM(2011)0500) and the Commission working paper of the same date, entitled ‘A Budget for Europe 2020: the current system of funding, the challenges ahead, the results of stakeholders consultation and different options on the main horizontal and sectoral issues’ (SEC(2011)0868), |
| --- | --- |

—

having regard to the communication from the Commission of 29 June 2011 entitled ‘A Budget for Europe 2020’ (COM(2011)0500) and the Commission working paper of the same date, entitled ‘A Budget for Europe 2020: the current system of funding, the challenges ahead, the results of stakeholders consultation and different options on the main horizontal and sectoral issues’ (SEC(2011)0868),

| — | having regard to the joint communication from the High Representative of the European Union for Foreign Affairs and Security Policy and the Commission to the European Parliament and the Council entitled ‘Global Europe: a new approach to financing EU external action’ (COM(2011)0865), |
| --- | --- |

—

having regard to the joint communication from the High Representative of the European Union for Foreign Affairs and Security Policy and the Commission to the European Parliament and the Council entitled ‘Global Europe: a new approach to financing EU external action’ (COM(2011)0865),

| — | having regard to the proposal for a regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation (COM(2011)0840, SEC(2011)1469, SEC(2011)1470), |
| --- | --- |

—

having regard to the proposal for a regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation (COM(2011)0840, SEC(2011)1469, SEC(2011)1470),

| — | having regard to the resolutions of the Euro-Latin American Parliamentary Assembly (EuroLat), and specifically the resolutions adopted at the Fifth Ordinary Plenary Session held on 18 and 19 May 2011 in Montevideo, Uruguay, on the prospects for trade relations between the European Union and Latin America, and on employment protection and creation strategies, especially for women and young people, and on relations between the European Union and Latin America as regards security and defence, |
| --- | --- |

—

having regard to the resolutions of the Euro-Latin American Parliamentary Assembly (EuroLat), and specifically the resolutions adopted at the Fifth Ordinary Plenary Session held on 18 and 19 May 2011 in Montevideo, Uruguay, on the prospects for trade relations between the European Union and Latin America, and on employment protection and creation strategies, especially for women and young people, and on relations between the European Union and Latin America as regards security and defence,

| — | having regard to its resolutions of 15 November 2001 on a global partnership and a common strategy for relations between the EU and Latin America (3), of 27 April 2006 on a stronger partnership between the EU and Latin America (4), and of 24 April 2008 on the fifth EU-Latin America and Caribbean Summit held in Lima (5), |
| --- | --- |

—

having regard to its resolutions of 15 November 2001 on a global partnership and a common strategy for relations between the EU and Latin America (3), of 27 April 2006 on a stronger partnership between the EU and Latin America (4), and of 24 April 2008 on the fifth EU-Latin America and Caribbean Summit held in Lima (5),

| — | having regard to its resolutions of 5 May 2010 on the EU strategy for relations with Latin America (6), on EU-Latin America trade relations of 21 October 2010 (7), and on increasing the impact of EU development policy of 5 July 2011 (8), |
| --- | --- |

—

having regard to its resolutions of 5 May 2010 on the EU strategy for relations with Latin America (6), on EU-Latin America trade relations of 21 October 2010 (7), and on increasing the impact of EU development policy of 5 July 2011 (8),

| — | having regard to the study on a new EU development cooperation policy for Latin America: emphasis on social cohesion, regional integration and South-South cooperation (December 2011), |
| --- | --- |

—

having regard to the study on a new EU development cooperation policy for Latin America: emphasis on social cohesion, regional integration and South-South cooperation (December 2011),

| — | 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 opinion of the Committee on Foreign Affairs (A7-0159/2012), |
| --- | --- |

—

having regard to the report of the Committee on Development and the opinion of the Committee on Foreign Affairs (A7-0159/2012),

| A. | whereas, as defined in the Treaty of Lisbon, the overall objective of development cooperation is to eradicate poverty and promote sustainable economic and social development, including the achievement of the Millennium Development Goals (MDGs) in 2015; |
| --- | --- |

A.

whereas, as defined in the Treaty of Lisbon, the overall objective of development cooperation is to eradicate poverty and promote sustainable economic and social development, including the achievement of the Millennium Development Goals (MDGs) in 2015;

| B. | whereas the region is part of the group of middle-income countries that have achieved notable successes in reducing poverty — from 44 % to 33 % in a single decade — and inequality through economic growth and political and social reforms, but nevertheless, one in three Latin Americans still lives below the poverty line – 180 million people, of whom 52 million live on less than EUR 2 a day – and 10 countries in the region remain among the 15 most unequal countries in the world (9); whereas some countries have malnutrition rates above 20 % and 28 million citizens do not know how to read or write, with 44 million people outside the welfare systems; |
| --- | --- |

B.

whereas the region is part of the group of middle-income countries that have achieved notable successes in reducing poverty — from 44 % to 33 % in a single decade — and inequality through economic growth and political and social reforms, but nevertheless, one in three Latin Americans still lives below the poverty line – 180 million people, of whom 52 million live on less than EUR 2 a day – and 10 countries in the region remain among the 15 most unequal countries in the world (9); whereas some countries have malnutrition rates above 20 % and 28 million citizens do not know how to read or write, with 44 million people outside the welfare systems;

| C. | whereas the IMF estimated an average level of GDP growth of 4,5 % for Latin America in 2011, and at present there are some prospects of a global economic slowdown in 2012, with a high degree of uncertainty continuing to persist with regard to the impact in the region of the global economic and financial crisis; |
| --- | --- |

C.

whereas the IMF estimated an average level of GDP growth of 4,5 % for Latin America in 2011, and at present there are some prospects of a global economic slowdown in 2012, with a high degree of uncertainty continuing to persist with regard to the impact in the region of the global economic and financial crisis;

| D. | whereas middle-income countries are a driving force for development and regional integration, and a crisis in these countries hinders the progress of low-income countries in their regions; |
| --- | --- |

D.

whereas middle-income countries are a driving force for development and regional integration, and a crisis in these countries hinders the progress of low-income countries in their regions;

| E. | whereas the slowdown in the countries of the region is unequal, and in Bolivia, Honduras, Nicaragua and Suriname external aid continues to be one of the most important funding streams for development, along with the contributions of migrants’ remittances, which comprise between 6 % and 25 % of the GDP of those countries; |
| --- | --- |

E.

whereas the slowdown in the countries of the region is unequal, and in Bolivia, Honduras, Nicaragua and Suriname external aid continues to be one of the most important funding streams for development, along with the contributions of migrants’ remittances, which comprise between 6 % and 25 % of the GDP of those countries;

| F. | whereas the definition of a new cooperation policy must take account of the specific priorities and needs of each country and the EU must collaborate with all Latin American countries, and especially with the MICs, when leading the South-South Cooperation and the fight against poverty and for development at the regional and global level; |
| --- | --- |

F.

whereas the definition of a new cooperation policy must take account of the specific priorities and needs of each country and the EU must collaborate with all Latin American countries, and especially with the MICs, when leading the South-South Cooperation and the fight against poverty and for development at the regional and global level;

| G. | whereas social cohesion has been a main objective of the Strategic Partnership since its launch at the Guadalajara Summit in 2004, because of the importance to the region of achieving a better redistribution of income and wealth, by means of appropriate policies that promote sustainable development and greater justice and social cohesion; |
| --- | --- |

G.

whereas social cohesion has been a main objective of the Strategic Partnership since its launch at the Guadalajara Summit in 2004, because of the importance to the region of achieving a better redistribution of income and wealth, by means of appropriate policies that promote sustainable development and greater justice and social cohesion;

| H. | whereas human rights, democracy and good governance are of particular relevance in the Agenda for Change; whereas Latin America is a continent where democracy is generally established, with which Europe shares democratic values and principles, and where it is necessary to support the governance and institutional structure of the state, which is threatened by violence and insecurity; |
| --- | --- |

H.

whereas human rights, democracy and good governance are of particular relevance in the Agenda for Change; whereas Latin America is a continent where democracy is generally established, with which Europe shares democratic values and principles, and where it is necessary to support the governance and institutional structure of the state, which is threatened by violence and insecurity;

| I. | whereas in MICs it will be more appropriate to redirect aid to increasing institutional and regulatory capacities, public policy design, support for social partners, and the mobilisation of resources in addition to ODA; |
| --- | --- |

I.

whereas in MICs it will be more appropriate to redirect aid to increasing institutional and regulatory capacities, public policy design, support for social partners, and the mobilisation of resources in addition to ODA;

| J. | whereas Latin America and the EU have formed a Bi-regional Strategic Partnership based on common values and respect for human rights and fundamental freedoms; whereas two of the EU’s nine strategic partners in the world are in Latin America (Brazil and Mexico); whereas the EU is the principal investor and the second largest trade partner, as well as the principal donor of development aid, providing 53 % of the total Official Development Assistance (ODA) that the region receives; |
| --- | --- |

J.

whereas Latin America and the EU have formed a Bi-regional Strategic Partnership based on common values and respect for human rights and fundamental freedoms; whereas two of the EU’s nine strategic partners in the world are in Latin America (Brazil and Mexico); whereas the EU is the principal investor and the second largest trade partner, as well as the principal donor of development aid, providing 53 % of the total Official Development Assistance (ODA) that the region receives;

| K. | whereas most of the people in poverty around the world live in these Middle-Income Countries; whereas these countries often face significant inequalities and weak governance that endangers the sustainability of their own development process; whereas many middle-income countries play an important role in global policy, security and trade issues, producing and protecting global public goods, and acting as ‘anchor countries’ at the regional level; and whereas, beyond periods of economic prosperity, they remain vulnerable to global risks of an economic, environmental or security nature; |
| --- | --- |

K.

whereas most of the people in poverty around the world live in these Middle-Income Countries; whereas these countries often face significant inequalities and weak governance that endangers the sustainability of their own development process; whereas many middle-income countries play an important role in global policy, security and trade issues, producing and protecting global public goods, and acting as ‘anchor countries’ at the regional level; and whereas, beyond periods of economic prosperity, they remain vulnerable to global risks of an economic, environmental or security nature;

| L. | whereas some countries of Latin America have begun to get involved in development cooperation efforts by means of regional cooperation and South–South cooperation (SSC) mechanisms; |
| --- | --- |

L.

whereas some countries of Latin America have begun to get involved in development cooperation efforts by means of regional cooperation and South–South cooperation (SSC) mechanisms;

| M. | whereas Latin America cannot cease to be a priority for the EU, as is reflected in EU–Latin American bi-regional relations, where there have been considerable advances in recent years, such as the Association Agreements with Central America, Chile and Mexico, the multi-party trade agreement with Colombia and Peru, the negotiations with Mercosur, the Madrid Action Plan and the launch of the EU–LAC Foundation; |
| --- | --- |

M.

whereas Latin America cannot cease to be a priority for the EU, as is reflected in EU–Latin American bi-regional relations, where there have been considerable advances in recent years, such as the Association Agreements with Central America, Chile and Mexico, the multi-party trade agreement with Colombia and Peru, the negotiations with Mercosur, the Madrid Action Plan and the launch of the EU–LAC Foundation;

| N. | whereas according to the European Consensus on Development, support for middle-income countries remains important in order to achieve the Millennium Development Goals; |
| --- | --- |

N.

whereas according to the European Consensus on Development, support for middle-income countries remains important in order to achieve the Millennium Development Goals;

| O. | whereas the EU, by means of the agreements made with partners in the region, including the Association Agreements and its development aid, should continue to provide significant support for the development and stabilisation process in the region; whereas the possibility that it may no longer do so when the results of this process are consolidated is a cause for serious concern; |
| --- | --- |

O.

whereas the EU, by means of the agreements made with partners in the region, including the Association Agreements and its development aid, should continue to provide significant support for the development and stabilisation process in the region; whereas the possibility that it may no longer do so when the results of this process are consolidated is a cause for serious concern;

| P. | whereas the Commission’s current proposal on DCI provides for the reduction of bilateral aid from the EU to the middle-income countries in Latin America, and basic services have disappeared from the list of priorities for the region; |
| --- | --- |

P.

whereas the Commission’s current proposal on DCI provides for the reduction of bilateral aid from the EU to the middle-income countries in Latin America, and basic services have disappeared from the list of priorities for the region;

| Q. | whereas the budget allocation of the current Development Cooperation Instrument (DCI) for Latin America reflects that it is the most financially neglected region in the structure of chapter IV of the EU budget in relation to other areas that receive European aid; |
| --- | --- |

Q.

whereas the budget allocation of the current Development Cooperation Instrument (DCI) for Latin America reflects that it is the most financially neglected region in the structure of chapter IV of the EU budget in relation to other areas that receive European aid;

| R. | whereas social cohesion has a broad dimension that involves combating poverty, reducing inequality, ensuring universal access to basic services such as health care, education, pensions and housing, the recognition and protection of social dialogue and labour rights; whereas there is a need for a fiscal compact that guarantees fairly the best distribution of resources; |
| --- | --- |

R.

whereas social cohesion has a broad dimension that involves combating poverty, reducing inequality, ensuring universal access to basic services such as health care, education, pensions and housing, the recognition and protection of social dialogue and labour rights; whereas there is a need for a fiscal compact that guarantees fairly the best distribution of resources;

| S. | whereas China has become the third largest investor in Latin America and the main or even the only export market for certain products; whereas, therefore, the EU should play a more active role in order to strengthen its trade and investment relations with Latin American countries within the WTO system; |
| --- | --- |

S.

whereas China has become the third largest investor in Latin America and the main or even the only export market for certain products; whereas, therefore, the EU should play a more active role in order to strengthen its trade and investment relations with Latin American countries within the WTO system;

| T. | whereas, regardless of the connotations that accompany the concept of social cohesion at European level or in Latin America, in both regions it can be understood as a guiding principle of public policies that permits development strategies to be oriented towards achieving the well-being of the entire population, thus avoiding polarisation, disaffection and loss of trust in democratic institutions; |
| --- | --- |

T.

whereas, regardless of the connotations that accompany the concept of social cohesion at European level or in Latin America, in both regions it can be understood as a guiding principle of public policies that permits development strategies to be oriented towards achieving the well-being of the entire population, thus avoiding polarisation, disaffection and loss of trust in democratic institutions;

| U. | whereas the main challenges facing the donors in the region include policy coherence, as well as greater coordination and complementarity within the framework of a better division of labour, entailing greater concentration and predictability of aid; |
| --- | --- |

U.

whereas the main challenges facing the donors in the region include policy coherence, as well as greater coordination and complementarity within the framework of a better division of labour, entailing greater concentration and predictability of aid;

| V. | whereas wealth creation and the fight against poverty, inequality, exclusion and discrimination, especially against women, young people and minority ethnic groups, as well as the promotion of social cohesion and human rights, continue to be a key priority of the EU-Latin America strategic partnership; |
| --- | --- |

V.

whereas wealth creation and the fight against poverty, inequality, exclusion and discrimination, especially against women, young people and minority ethnic groups, as well as the promotion of social cohesion and human rights, continue to be a key priority of the EU-Latin America strategic partnership;

| W. | whereas the region offers disconcerting indicators in the fight against child and maternal mortality, and whereas gender equality and the political and economic empowerment of women are essential factors in order to reduce poverty; |
| --- | --- |

W.

whereas the region offers disconcerting indicators in the fight against child and maternal mortality, and whereas gender equality and the political and economic empowerment of women are essential factors in order to reduce poverty;

| X. | whereas the EU‘s Generalised System of Preferences (GSP) is a key instrument to enable developing countries to take a greater part in global trade and thereby generate additional export revenue to support economic growth and the implementation of development and poverty reduction policy strategies; |
| --- | --- |

X.

whereas the EU‘s Generalised System of Preferences (GSP) is a key instrument to enable developing countries to take a greater part in global trade and thereby generate additional export revenue to support economic growth and the implementation of development and poverty reduction policy strategies;

| Y. | whereas the GDP index is inadequate as the sole indicator for measuring inequality and for making decisions on the allocation of EU development assistance with the main objective of eradicating poverty; |
| --- | --- |

Y.

whereas the GDP index is inadequate as the sole indicator for measuring inequality and for making decisions on the allocation of EU development assistance with the main objective of eradicating poverty;

| Z. | whereas Latin American countries export much less to their neighbours than do their counterparts in other continents; whereas the relatively low trade exchange is due to long distances, high tariffs, customs, separate trade agreements and inadequate infrastructure networks; |
| --- | --- |

Z.

whereas Latin American countries export much less to their neighbours than do their counterparts in other continents; whereas the relatively low trade exchange is due to long distances, high tariffs, customs, separate trade agreements and inadequate infrastructure networks;

| AA. | whereas education and training, as well as universal access to public health services, are of vital importance in the fight against poverty and the promotion of social cohesion; |
| --- | --- |

AA.

whereas education and training, as well as universal access to public health services, are of vital importance in the fight against poverty and the promotion of social cohesion;

| AB. | whereas environmental degradation has a direct impact on the development of poverty; whereas Latin America is the planet’s great environmental reserve, with Brazil, Mexico, Peru and Colombia among the world’s most biodiverse countries, but at the same time is a continent particularly vulnerable to climate change; |
| --- | --- |

AB.

whereas environmental degradation has a direct impact on the development of poverty; whereas Latin America is the planet’s great environmental reserve, with Brazil, Mexico, Peru and Colombia among the world’s most biodiverse countries, but at the same time is a continent particularly vulnerable to climate change;

| AC. | whereas the improvement of tax collection is fundamental in order to build a competent state capable of supplying its people with basic services such as health, public sanitation and education; |
| --- | --- |

AC.

whereas the improvement of tax collection is fundamental in order to build a competent state capable of supplying its people with basic services such as health, public sanitation and education;

| AD. | whereas the most devastating effects of climate change and global warming affect Latin America and the Caribbean to a large extent, with the countries of the region being among the most vulnerable in the world; whereas natural disasters have caused a loss of 54 % of the regional GDP in Central America; |
| --- | --- |

AD.

whereas the most devastating effects of climate change and global warming affect Latin America and the Caribbean to a large extent, with the countries of the region being among the most vulnerable in the world; whereas natural disasters have caused a loss of 54 % of the regional GDP in Central America;

| AE. | whereas the private sector is referred to explicitly as a key actor in the generation of sustainable development and the contribution to the social cohesion included in the Agenda for Change; |
| --- | --- |

AE.

whereas the private sector is referred to explicitly as a key actor in the generation of sustainable development and the contribution to the social cohesion included in the Agenda for Change;

| AF. | whereas the structured bi-regional and global dialogue on migration between the EU and Latin America is important, and it is important for the migration policies and practices of both regions to ensure respect for the fundamental rights of all migrants; |
| --- | --- |

AF.

whereas the structured bi-regional and global dialogue on migration between the EU and Latin America is important, and it is important for the migration policies and practices of both regions to ensure respect for the fundamental rights of all migrants;

| AG. | whereas some of the countries in Latin America are among the most violent in the world, and criminality associated with phenomena such as drug trafficking and organised crime, money-laundering, arms-trafficking and corruption, continues to be a serious problem in the region, posing a threat to its development; |
| --- | --- |

AG.

whereas some of the countries in Latin America are among the most violent in the world, and criminality associated with phenomena such as drug trafficking and organised crime, money-laundering, arms-trafficking and corruption, continues to be a serious problem in the region, posing a threat to its development;

| AH. | whereas the Commission’s proposal for the Partnership Instrument centres on the implementation of the EU 2020 Strategy in the region; whereas this proposal concentrates preferentially on its strategic partners and on emerging economies, while also having a global focus centred on global challenges and threats; |
| --- | --- |

AH.

whereas the Commission’s proposal for the Partnership Instrument centres on the implementation of the EU 2020 Strategy in the region; whereas this proposal concentrates preferentially on its strategic partners and on emerging economies, while also having a global focus centred on global challenges and threats;

| AI. | whereas the corruption linked to criminal networks that are specially dedicated to the distribution and trafficking of narcotics – and that penetrate institutions, distribute among themselves zones of territorial influence, and cause collateral damage – poses a threat to the democratic systems and the collective security of Latin America, giving rise to serious problems of instability and political governance; |
| --- | --- |

AI.

whereas the corruption linked to criminal networks that are specially dedicated to the distribution and trafficking of narcotics – and that penetrate institutions, distribute among themselves zones of territorial influence, and cause collateral damage – poses a threat to the democratic systems and the collective security of Latin America, giving rise to serious problems of instability and political governance;

| 1. | Recalls that, although the effects of the global economic and financial crisis on Latin America have been less severe than in other regions, inequality indices and poverty rates continue to be very high, and insufficient progress has been made towards achieving six of the MDGs; |
| --- | --- |

1.

Recalls that, although the effects of the global economic and financial crisis on Latin America have been less severe than in other regions, inequality indices and poverty rates continue to be very high, and insufficient progress has been made towards achieving six of the MDGs;

| 2. | Stresses the need to enhance coordination between the European Union and Latin America in achieving the Millennium Development Goals (MDGs), particularly the actions aiming at combating poverty, at job creation and at the social inclusion of marginalised groups; stresses that the MDG aiming at a global partnership for development (MDG 8) should be at the centre of the EU’s cooperation policy with Latin America, with areas being selected in which to implement the new strategy of ‘inclusive growth’ in these countries; emphasises that the EU-Latin America and Caribbean Foundation can play a significant role in achieving these objectives; |
| --- | --- |

2.

Stresses the need to enhance coordination between the European Union and Latin America in achieving the Millennium Development Goals (MDGs), particularly the actions aiming at combating poverty, at job creation and at the social inclusion of marginalised groups; stresses that the MDG aiming at a global partnership for development (MDG 8) should be at the centre of the EU’s cooperation policy with Latin America, with areas being selected in which to implement the new strategy of ‘inclusive growth’ in these countries; emphasises that the EU-Latin America and Caribbean Foundation can play a significant role in achieving these objectives;

| 3. | Considers that economic and technological advances in some Latin American countries make it necessary to rethink the EU’s bilateral development cooperation objectives; calls for cooperation to be redirected where it is needed the most to address poverty reduction; stresses that we face common challenges that we must tackle by strengthening multilateralism; underlines that the links between growth, trade, development and poverty reduction are neither simple nor automatic; in light of this, encourages the Commission in the context of the debate on the EU’s future development cooperation policy to undertake a broad and deep reflection on the current development model, and to draw lessons from the past decades, with the aim of alleviating poverty and inequality effectively without reducing and limiting policy space; |
| --- | --- |

3.

Considers that economic and technological advances in some Latin American countries make it necessary to rethink the EU’s bilateral development cooperation objectives; calls for cooperation to be redirected where it is needed the most to address poverty reduction; stresses that we face common challenges that we must tackle by strengthening multilateralism; underlines that the links between growth, trade, development and poverty reduction are neither simple nor automatic; in light of this, encourages the Commission in the context of the debate on the EU’s future development cooperation policy to undertake a broad and deep reflection on the current development model, and to draw lessons from the past decades, with the aim of alleviating poverty and inequality effectively without reducing and limiting policy space;

| 4. | Believes that the EU’s cooperation and development policy should be defined in close consultation with Latin America in order to achieve a sustainable, fair and well-balanced development policy towards the region; |
| --- | --- |

4.

Believes that the EU’s cooperation and development policy should be defined in close consultation with Latin America in order to achieve a sustainable, fair and well-balanced development policy towards the region;

| 5. | Points out that although aid can act as a leverage for Latin American countries, it is not enough to guarantee sustainable and lasting development; therefore calls on Latin American countries to strengthen and mobilise their domestic resources, set up transparent taxation systems and a form of fiscal governance that is exempt from corruption and fraud, involve the private sector, local governments and civil society effectively in the EU-Latin America agenda particularly through cooperation, technical assistance and the establishment of legal and fiscal training near local administrations, and boost their ownership of projects; |
| --- | --- |

5.

Points out that although aid can act as a leverage for Latin American countries, it is not enough to guarantee sustainable and lasting development; therefore calls on Latin American countries to strengthen and mobilise their domestic resources, set up transparent taxation systems and a form of fiscal governance that is exempt from corruption and fraud, involve the private sector, local governments and civil society effectively in the EU-Latin America agenda particularly through cooperation, technical assistance and the establishment of legal and fiscal training near local administrations, and boost their ownership of projects;

| 6. | Considers that the strong Asian investment especially in the deposits of raw materials, hydrocarbons and agricultural resources of many Latin American countries should persuade the European Union to rapidly and effectively reinforce its sustainable development aid in the region; |
| --- | --- |

6.

Considers that the strong Asian investment especially in the deposits of raw materials, hydrocarbons and agricultural resources of many Latin American countries should persuade the European Union to rapidly and effectively reinforce its sustainable development aid in the region;

| 7. | Takes the view, given the need to balance the development policy between Latin America and the EU, that Latin America must make a special effort to promote its regional political, economic and trade integration; |
| --- | --- |

7.

Takes the view, given the need to balance the development policy between Latin America and the EU, that Latin America must make a special effort to promote its regional political, economic and trade integration;

| 8. | Stresses the need to tie progress in relations with Latin America to a coherent development policy; therefore considers it necessary to draw up cooperation instruments and objectives for each country, concentrating resources on the most vulnerable countries and improving PCD; |
| --- | --- |

8.

Stresses the need to tie progress in relations with Latin America to a coherent development policy; therefore considers it necessary to draw up cooperation instruments and objectives for each country, concentrating resources on the most vulnerable countries and improving PCD;

| 9. | Calls on the Commission and Council to maintain the volume of DCI cooperation for Latin America at one third of the total geographical amount for the period 2014-2020; |
| --- | --- |

9.

Calls on the Commission and Council to maintain the volume of DCI cooperation for Latin America at one third of the total geographical amount for the period 2014-2020;

| 10. | Welcomes the principle of differentiation and concentration of aid proposed by the Commission; stresses that differentiation must be carried out gradually in the programming phase, as regards both the beneficiary countries and the actual tools of cooperation, developing other forms of cooperation more suited to MICs; recommends that the criteria for application of the principle of differentiation be objective and common to all countries; |
| --- | --- |

10.

Welcomes the principle of differentiation and concentration of aid proposed by the Commission; stresses that differentiation must be carried out gradually in the programming phase, as regards both the beneficiary countries and the actual tools of cooperation, developing other forms of cooperation more suited to MICs; recommends that the criteria for application of the principle of differentiation be objective and common to all countries;

| 11. | Notes that the differentiation approach should not result in a drastic decline in the region’s importance in the outreach of the EU, which is and should behave like a global actor, being an active member of international society and not just the principal global donor; considers that otherwise the EU may condemn itself to irrelevance in entire regions, leaving a space open to the intervention of other global actors; |
| --- | --- |

11.

Notes that the differentiation approach should not result in a drastic decline in the region’s importance in the outreach of the EU, which is and should behave like a global actor, being an active member of international society and not just the principal global donor; considers that otherwise the EU may condemn itself to irrelevance in entire regions, leaving a space open to the intervention of other global actors;

| 12. | Stresses that any possible reallocation of funds must benefit the geographical programmes for the eradication of poverty in the same region’s LICs and LMICs; |
| --- | --- |

12.

Stresses that any possible reallocation of funds must benefit the geographical programmes for the eradication of poverty in the same region’s LICs and LMICs;

The importance of MICs – the need for a differentiated approach

| 13. | Expresses its concern about the lack of rigour in the implementation of the established eligibility criteria contained in the Commission proposal on the DCI, which withdraws access to bilateral programmes from eleven LAC MICs; recalls that some countries of Latin America are among the most unequal in the world in terms of per capita income and that persistent inequality occurs in a context of low socio-economic mobility; stresses that they are a group of very heterogeneous countries and that differentiated cooperation should therefore be maintained, based on coordination and political dialogue; |
| --- | --- |

13.

Expresses its concern about the lack of rigour in the implementation of the established eligibility criteria contained in the Commission proposal on the DCI, which withdraws access to bilateral programmes from eleven LAC MICs; recalls that some countries of Latin America are among the most unequal in the world in terms of per capita income and that persistent inequality occurs in a context of low socio-economic mobility; stresses that they are a group of very heterogeneous countries and that differentiated cooperation should therefore be maintained, based on coordination and political dialogue;

| 14. | Considers that the message that the EU is sending to the region is very troubling, since, in practical terms, it is a declaration that it does not give it the importance that it deserves, in spite of the multiple political and trade commitments made and shared global interests; |
| --- | --- |

14.

Considers that the message that the EU is sending to the region is very troubling, since, in practical terms, it is a declaration that it does not give it the importance that it deserves, in spite of the multiple political and trade commitments made and shared global interests;

| 15. | Underlines the need, as expressed in paragraph 66 of the European Consensus on Development, to give appropriate attention to MICs, especially to lower middle-income countries, many of which face problems similar to those of low-income countries; |
| --- | --- |

15.

Underlines the need, as expressed in paragraph 66 of the European Consensus on Development, to give appropriate attention to MICs, especially to lower middle-income countries, many of which face problems similar to those of low-income countries;

| 16. | Calls on the Commission and Council to carry out an objective and transparent analysis within the framework of the differentiation principle with the aim of revising and broadening the indicators used to assess development, going beyond the income factor and interpreting the economic criteria in the light of other factors such as the poverty, vulnerability and ECHO crisis index, and the Gini and inequality coefficients; warns that the classification of countries according to level of income is based on calculations that conceal inequality and poverty; |
| --- | --- |

16.

Calls on the Commission and Council to carry out an objective and transparent analysis within the framework of the differentiation principle with the aim of revising and broadening the indicators used to assess development, going beyond the income factor and interpreting the economic criteria in the light of other factors such as the poverty, vulnerability and ECHO crisis index, and the Gini and inequality coefficients; warns that the classification of countries according to level of income is based on calculations that conceal inequality and poverty;

| 17. | Stresses, taking account of those indicators, that the EU should continue bilateral cooperation under the future DCI, at least with Colombia, Ecuador and Peru; |
| --- | --- |

17.

Stresses, taking account of those indicators, that the EU should continue bilateral cooperation under the future DCI, at least with Colombia, Ecuador and Peru;

| 18. | Asks the Commission to present a coherent strategy for gradual withdrawal of bilateral aid to MICs, which would permit them to strengthen their position as ‘graduates’ from aid, thus following the principle of predictability of aid recognised at the Forum on Aid Effectiveness in Busan; |
| --- | --- |

18.

Asks the Commission to present a coherent strategy for gradual withdrawal of bilateral aid to MICs, which would permit them to strengthen their position as ‘graduates’ from aid, thus following the principle of predictability of aid recognised at the Forum on Aid Effectiveness in Busan;

| 19. | Calls on the Commission to ensure that this gradual withdrawal of bilateral aid, commencing when the new DCI enters into force, incorporates the following criteria:






  — | an explicit link between the objectives and the sectoral concentration of bilateral aid in order to strengthen social cohesion, especially through the co-financing of active policies and programmes to reduce inequality in terms of income and opportunities, as well as other more advanced programmes supporting competitiveness and promoting sustainable development, including the promotion of technological and scientific cooperation and innovation, as well as technical assistance, preferential access to regional and sub-regional thematic programmes, and to the Partnership Instrument that includes a guaranteed minimum amount; moves towards reimbursable aid and scholarship programmes; |
| --- | --- | --- |

19.

Calls on the Commission to ensure that this gradual withdrawal of bilateral aid, commencing when the new DCI enters into force, incorporates the following criteria:

—

an explicit link between the objectives and the sectoral concentration of bilateral aid in order to strengthen social cohesion, especially through the co-financing of active policies and programmes to reduce inequality in terms of income and opportunities, as well as other more advanced programmes supporting competitiveness and promoting sustainable development, including the promotion of technological and scientific cooperation and innovation, as well as technical assistance, preferential access to regional and sub-regional thematic programmes, and to the Partnership Instrument that includes a guaranteed minimum amount; moves towards reimbursable aid and scholarship programmes;

| — | the definition of priorities through bilateral and bi-regional dialogue with national authorities and civil society; |
| --- | --- |

—

the definition of priorities through bilateral and bi-regional dialogue with national authorities and civil society;

| — | the continuation of bilateral cooperation during a transitional period adapted to the aid allocation indicators and the situation in each country, for a maximum transition period of four years; |
| --- | --- |

—

the continuation of bilateral cooperation during a transitional period adapted to the aid allocation indicators and the situation in each country, for a maximum transition period of four years;

| 20. | Stresses the need to boost the Partnership Instrument by over EUR 1 billion to foster the new shape of cooperation with MICs and upper MICs, ensuring that funds can be planned, quantified and scrutinised; stresses the need to ensure that it is an instrument that intensifies the EU’s response to global challenges such as the fight against inequality, climate change, security, and the fight against drug trafficking; |
| --- | --- |

20.

Stresses the need to boost the Partnership Instrument by over EUR 1 billion to foster the new shape of cooperation with MICs and upper MICs, ensuring that funds can be planned, quantified and scrutinised; stresses the need to ensure that it is an instrument that intensifies the EU’s response to global challenges such as the fight against inequality, climate change, security, and the fight against drug trafficking;

Social cohesion and the fight against poverty

| 21. | Considers that the high levels of inequality and the lack of an effective social protection mechanism are the greatest obstacle to the consolidation of democracy and to fair and sustainable economic growth in the region, and therefore calls for greater attention to the link between democratic governability and social cohesion; |
| --- | --- |

21.

Considers that the high levels of inequality and the lack of an effective social protection mechanism are the greatest obstacle to the consolidation of democracy and to fair and sustainable economic growth in the region, and therefore calls for greater attention to the link between democratic governability and social cohesion;

| 22. | Takes the view that the EU-LAC partnership’s objective of social cohesion will be achievable only insofar as it generates a high level of development and fairness of income and wealth distribution, and that this objective requires ensuring the eradication of poverty through more just and progressive fiscal policies, strengthening tax-paying capacity and the fight against fraud and tax evasion; |
| --- | --- |

22.

Takes the view that the EU-LAC partnership’s objective of social cohesion will be achievable only insofar as it generates a high level of development and fairness of income and wealth distribution, and that this objective requires ensuring the eradication of poverty through more just and progressive fiscal policies, strengthening tax-paying capacity and the fight against fraud and tax evasion;

| 23. | Stresses the importance of development aid through trade; notes that Latin America-EU trade exchanges are a crucial factor in alleviating poverty and ensuring wealth creation in both continents; warns against protectionist tendencies resulting from the current economic and financial crisis; |
| --- | --- |

23.

Stresses the importance of development aid through trade; notes that Latin America-EU trade exchanges are a crucial factor in alleviating poverty and ensuring wealth creation in both continents; warns against protectionist tendencies resulting from the current economic and financial crisis;

| 24. | Emphasises the importance of maintaining the 20 % target for education and health programmes and insists on the need to integrate gender equality into the labour market and into society in general; reiterates that education and investment in human capital are the foundation of social cohesion and socio-economic development; calls for the implementation of effective policies and adequate funding to fight illiteracy, the rate of which remains high in some countries in the region, in particular among girls and women, and for the promotion of access to non-fee-paying public education (at primary and secondary levels), which is often restricted owing to a lack of the necessary budgetary resources in some countries; in this context, supports the project drawn up by the Organisation of Ibero-American States (OEI), ‘Educational goals 2021: the education we want for the generation of the bicentenaries’; |
| --- | --- |

24.

Emphasises the importance of maintaining the 20 % target for education and health programmes and insists on the need to integrate gender equality into the labour market and into society in general; reiterates that education and investment in human capital are the foundation of social cohesion and socio-economic development; calls for the implementation of effective policies and adequate funding to fight illiteracy, the rate of which remains high in some countries in the region, in particular among girls and women, and for the promotion of access to non-fee-paying public education (at primary and secondary levels), which is often restricted owing to a lack of the necessary budgetary resources in some countries; in this context, supports the project drawn up by the Organisation of Ibero-American States (OEI), ‘Educational goals 2021: the education we want for the generation of the bicentenaries’;

| 25. | Underlines that, although coverage and spending on education in Latin America have improved in a sustained way during recent decades, the quality remains low and access unequal; points out the work done by the European Union through the Erasmus, Alban and Alfa programmes and asks the Commission to maintain the budgetary appropriation made to date; |
| --- | --- |

25.

Underlines that, although coverage and spending on education in Latin America have improved in a sustained way during recent decades, the quality remains low and access unequal; points out the work done by the European Union through the Erasmus, Alban and Alfa programmes and asks the Commission to maintain the budgetary appropriation made to date;

| 26. | Stresses that the large differences in terms of academic performance in Latin America have continued to increase in recent years if comparisons are made based on rural and urban areas, the type of school (public or private), gender or socio-economic status, thus worsening the problem of lack of social cohesion; |
| --- | --- |

26.

Stresses that the large differences in terms of academic performance in Latin America have continued to increase in recent years if comparisons are made based on rural and urban areas, the type of school (public or private), gender or socio-economic status, thus worsening the problem of lack of social cohesion;

| 27. | Stresses that social cohesion is closely linked to other policies such as trade, investment and finance; considers that the DCI must integrate social cohesion objectives more efficiently in its thematic, national and regional programming, mainly by supporting fairer fiscal, tax and social policies which promote equality, access to public services, decent work and the reform of the judicial system; |
| --- | --- |

27.

Stresses that social cohesion is closely linked to other policies such as trade, investment and finance; considers that the DCI must integrate social cohesion objectives more efficiently in its thematic, national and regional programming, mainly by supporting fairer fiscal, tax and social policies which promote equality, access to public services, decent work and the reform of the judicial system;

| 28. | Notes the importance of such programmes as EuroSocial, URB-AL and AL-INVEST; COPOLAD, as well as programmes to further dialogue and cooperation between the EU and Latin America for the establishment of management models on migration and development policies; notes that in the new DCI these programmes should be strengthened, exploring their potential in terms of triangular cooperation; |
| --- | --- |

28.

Notes the importance of such programmes as EuroSocial, URB-AL and AL-INVEST; COPOLAD, as well as programmes to further dialogue and cooperation between the EU and Latin America for the establishment of management models on migration and development policies; notes that in the new DCI these programmes should be strengthened, exploring their potential in terms of triangular cooperation;

| 29. | Notes the need for the European Union, through the DCI, to provide the resources necessary for children to have better living conditions and to be able to fully develop their capacities and potential, primarily within nuclear families; |
| --- | --- |

29.

Notes the need for the European Union, through the DCI, to provide the resources necessary for children to have better living conditions and to be able to fully develop their capacities and potential, primarily within nuclear families;

| 30. | Reiterates the importance of the EU–Latin America forum on social cohesion and asks that it be strengthened as a space for bi-regional political dialogue on social cohesion, through the promotion of more ambitious mechanisms and mechanisms for the coordination of cooperation in this field, and that social cohesion be encouraged on the agendas of the main international forums; |
| --- | --- |

30.

Reiterates the importance of the EU–Latin America forum on social cohesion and asks that it be strengthened as a space for bi-regional political dialogue on social cohesion, through the promotion of more ambitious mechanisms and mechanisms for the coordination of cooperation in this field, and that social cohesion be encouraged on the agendas of the main international forums;

| 31. | Notes that the EU–LAC Foundation may play a relevant role in coordinating and supporting the actions and debates of civil society on the role of international cooperation in fostering social cohesion in the region; |
| --- | --- |

31.

Notes that the EU–LAC Foundation may play a relevant role in coordinating and supporting the actions and debates of civil society on the role of international cooperation in fostering social cohesion in the region;

Development policy coherence

| 32. | Recalls the importance of development cooperation policy, laid down in Article 208 of the TFEU, for the eradication of poverty, the promotion of economic and social rights, protection of the environment, good governance, and sustainable and inclusive development; |
| --- | --- |

32.

Recalls the importance of development cooperation policy, laid down in Article 208 of the TFEU, for the eradication of poverty, the promotion of economic and social rights, protection of the environment, good governance, and sustainable and inclusive development;

| 33. | Calls on the Commission to enhance the visibility of its projects conducted in the Latin American countries and make them more understandable to their citizens demonstrating the added value of cooperation with the EU; |
| --- | --- |

33.

Calls on the Commission to enhance the visibility of its projects conducted in the Latin American countries and make them more understandable to their citizens demonstrating the added value of cooperation with the EU;

| 34. | Points out that the EU‘s Association/Free Trade Agreements must not conflict with the objective of Policy Coherence for Development; accordingly, urges the Commission to ensure that development needs and concerns are properly reflected in trade-related chapters such as financial services, government procurement and intellectual property rights, and ensure through a strong mechanism the fulfilment of common standards on social, labour and environmental rights in any ongoing negotiation process or at the time of its revision; |
| --- | --- |

34.

Points out that the EU‘s Association/Free Trade Agreements must not conflict with the objective of Policy Coherence for Development; accordingly, urges the Commission to ensure that development needs and concerns are properly reflected in trade-related chapters such as financial services, government procurement and intellectual property rights, and ensure through a strong mechanism the fulfilment of common standards on social, labour and environmental rights in any ongoing negotiation process or at the time of its revision;

| 35. | Regrets that the Commission’s proposal for a regulation on a scheme of generalised tariff preferences ignores the strategic nature of relations with Latin America in that it deprives a large number of countries in the region of this instrument, essential though it is for the region’s development; |
| --- | --- |

35.

Regrets that the Commission’s proposal for a regulation on a scheme of generalised tariff preferences ignores the strategic nature of relations with Latin America in that it deprives a large number of countries in the region of this instrument, essential though it is for the region’s development;

| 36. | Asks the EEAS and the Commission to consolidate their efforts to pave the way towards a future, fully-fledged Association Agreement with the Andean Community, in the interest of the economic growth and social development of its constituent member states, and in line with the values, principles and objectives of the EU, which have always promoted Latin American integration; |
| --- | --- |

36.

Asks the EEAS and the Commission to consolidate their efforts to pave the way towards a future, fully-fledged Association Agreement with the Andean Community, in the interest of the economic growth and social development of its constituent member states, and in line with the values, principles and objectives of the EU, which have always promoted Latin American integration;

| 37. | Calls on the EU to ensure that resources earmarked for development are not diverted; |
| --- | --- |

37.

Calls on the EU to ensure that resources earmarked for development are not diverted;

| 38. | Considers that the conclusion of an EU Association Agreement with MERCOSUR could foster and increase cooperation and development between Latin America and the European Union, provided that it is based on the fair trade principle and the respect of international labour and environmental standards and the legal certainty principle for investments, and provided that partners also behave in a trustful way; |
| --- | --- |

38.

Considers that the conclusion of an EU Association Agreement with MERCOSUR could foster and increase cooperation and development between Latin America and the European Union, provided that it is based on the fair trade principle and the respect of international labour and environmental standards and the legal certainty principle for investments, and provided that partners also behave in a trustful way;

| 39. | Emphasises that the new DCI should foster the regional integration process; in this respect, recalls that the Association and the Multiparty Trade Agreements, if correctly focused taking into account asymmetries, may be a powerful incentive in its development and regional integration, but argues that the lack of coherence between policies jeopardises this process; urges the EU to ensure that any agreements concluded bilaterally do not undermine Latin America‘s integration process; notes also that while interregional relations have decreased to the benefit of bilateral relations, this shift towards bilateralism tends to increase the fragmentation and rivalry within Latin America’s regional blocs; |
| --- | --- |

39.

Emphasises that the new DCI should foster the regional integration process; in this respect, recalls that the Association and the Multiparty Trade Agreements, if correctly focused taking into account asymmetries, may be a powerful incentive in its development and regional integration, but argues that the lack of coherence between policies jeopardises this process; urges the EU to ensure that any agreements concluded bilaterally do not undermine Latin America‘s integration process; notes also that while interregional relations have decreased to the benefit of bilateral relations, this shift towards bilateralism tends to increase the fragmentation and rivalry within Latin America’s regional blocs;

| 40. | Stresses the need to establish within EU delegations focal points for PCD and the development of monitoring mechanisms in this field; |
| --- | --- |

40.

Stresses the need to establish within EU delegations focal points for PCD and the development of monitoring mechanisms in this field;

| 41. | Emphasises the importance for the European Union of developing a commercial policy that is more coherent with its development policies in order to ensure that trade will also be a vector for promoting fair and equitable social standards, particularly by including social clauses respecting human rights in Partnership Agreements; |
| --- | --- |

41.

Emphasises the importance for the European Union of developing a commercial policy that is more coherent with its development policies in order to ensure that trade will also be a vector for promoting fair and equitable social standards, particularly by including social clauses respecting human rights in Partnership Agreements;

| 42. | Underlines the importance of greater coherence in ODA and notes that the presence of the EU and of three Latin American countries in the G20 should contribute to a reconciling of positions that may make it possible for PCD to be implemented jointly; |
| --- | --- |

42.

Underlines the importance of greater coherence in ODA and notes that the presence of the EU and of three Latin American countries in the G20 should contribute to a reconciling of positions that may make it possible for PCD to be implemented jointly;

| 43. | Recalls the obligation to respect the principle contained in Article 208 on PCD and avoid negative effects on the region that would arise from the exclusion of 11 countries from the EU’s bilateral cooperation and the elimination of the trade preferences based on the SPG Plus regime; |
| --- | --- |

43.

Recalls the obligation to respect the principle contained in Article 208 on PCD and avoid negative effects on the region that would arise from the exclusion of 11 countries from the EU’s bilateral cooperation and the elimination of the trade preferences based on the SPG Plus regime;

| 44. | Recalls that civil society plays an important role in the consolidation of democracy and the shaping, implementation and scrutiny of development policies in Latin America; deplores the scant importance given to civil society in current cooperation programmes and the low level of resources allocated; |
| --- | --- |

44.

Recalls that civil society plays an important role in the consolidation of democracy and the shaping, implementation and scrutiny of development policies in Latin America; deplores the scant importance given to civil society in current cooperation programmes and the low level of resources allocated;

| 45. | Emphasises that, in keeping with the concept of democratic ownership, parliaments, local and regional authorities and civil society should be supported in their efforts to play their proper role in defining development strategies, holding governments to account, monitoring and assessing past performance and achieved results; underlines especially the importance of empowering Latin American parliamentarians by enhancing their role in decision making processes; |
| --- | --- |

45.

Emphasises that, in keeping with the concept of democratic ownership, parliaments, local and regional authorities and civil society should be supported in their efforts to play their proper role in defining development strategies, holding governments to account, monitoring and assessing past performance and achieved results; underlines especially the importance of empowering Latin American parliamentarians by enhancing their role in decision making processes;

| 46. | Is therefore appalled that, in the newly negotiated Association Agreement and FTA with Latin American countries, civil society consultation is explicitly limited to issues related to the Sustainable Development chapter; |
| --- | --- |

46.

Is therefore appalled that, in the newly negotiated Association Agreement and FTA with Latin American countries, civil society consultation is explicitly limited to issues related to the Sustainable Development chapter;

| 47. | Notes that support for civil society should continue to be one of the priorities of the next DCI; underlines that this support should be included in its country strategies and in the regional programmes, thus highlighting its decisive role in the fight against inequality, corruption and the scrutiny of the use of financial resources; |
| --- | --- |

47.

Notes that support for civil society should continue to be one of the priorities of the next DCI; underlines that this support should be included in its country strategies and in the regional programmes, thus highlighting its decisive role in the fight against inequality, corruption and the scrutiny of the use of financial resources;

| 48. | Calls on the Commission to provide enhanced financial, technical and expertise support to the national parliaments’ administrations of the Latin America countries within the regional strategy programmes in order to strengthen their efficiency, transparency and accountability, which is crucial if the parliaments are to play their proper role in the democratic decision making processes; |
| --- | --- |

48.

Calls on the Commission to provide enhanced financial, technical and expertise support to the national parliaments’ administrations of the Latin America countries within the regional strategy programmes in order to strengthen their efficiency, transparency and accountability, which is crucial if the parliaments are to play their proper role in the democratic decision making processes;

| 49. | Recalls that the European Consensus on Development notes, in paragraph 18, that ‘The EU will enhance its support for building capacity of non-state actors in order to strengthen their voice in the development process and to advance political, social and economic dialogue’; deplores the fact that the Green Paper on increasing the impact of EU development policy largely fails to explain how civil society will participate and be empowered in the EU’s future development cooperation policy; |
| --- | --- |

49.

Recalls that the European Consensus on Development notes, in paragraph 18, that ‘The EU will enhance its support for building capacity of non-state actors in order to strengthen their voice in the development process and to advance political, social and economic dialogue’; deplores the fact that the Green Paper on increasing the impact of EU development policy largely fails to explain how civil society will participate and be empowered in the EU’s future development cooperation policy;

| 50. | Calls on the Vice-President / High Representative for Foreign Affairs and Security Policy and the European External Action Service to ensure the unity, consistency and effectiveness of the EU’s external action vis-à-vis Latin America, as stated in the Treaty of Lisbon; |
| --- | --- |

50.

Calls on the Vice-President / High Representative for Foreign Affairs and Security Policy and the European External Action Service to ensure the unity, consistency and effectiveness of the EU’s external action vis-à-vis Latin America, as stated in the Treaty of Lisbon;

Violence and crime

| 51. | Expresses its concern at the social impact of the high levels of crime and violence in the region, in particular feminicide; considers it necessary to define a new, more efficient strategy that will tackle this phenomenon as well as its economic, social and political causes; |
| --- | --- |

51.

Expresses its concern at the social impact of the high levels of crime and violence in the region, in particular feminicide; considers it necessary to define a new, more efficient strategy that will tackle this phenomenon as well as its economic, social and political causes;

| 52. | Asks the Commission to strongly support consultation processes of the local communities concerned by extractive projects; reiterates also, in this context, the importance of ensuring country-by-country reporting of extractive industries, as provided in the proposal for a directive on accounting and transparency, as a tool to clamp down on corruption, bribery and tax evasion; |
| --- | --- |

52.

Asks the Commission to strongly support consultation processes of the local communities concerned by extractive projects; reiterates also, in this context, the importance of ensuring country-by-country reporting of extractive industries, as provided in the proposal for a directive on accounting and transparency, as a tool to clamp down on corruption, bribery and tax evasion;

| 53. | Recalls that criminality and insecurity have a large impact on the trust that citizens have in public and democratic institutions, as well as on the safeguarding of human rights; |
| --- | --- |

53.

Recalls that criminality and insecurity have a large impact on the trust that citizens have in public and democratic institutions, as well as on the safeguarding of human rights;

| 54. | Recalls that one of the priority objectives of the European Union’s external action is to encourage the strengthening of democratic systems and the defence of human rights around the world, and consequently in Latin America; |
| --- | --- |

54.

Recalls that one of the priority objectives of the European Union’s external action is to encourage the strengthening of democratic systems and the defence of human rights around the world, and consequently in Latin America;

| 55. | Is concerned about the marked impact of the gender-based violence that occurs in the region; |
| --- | --- |

55.

Is concerned about the marked impact of the gender-based violence that occurs in the region;

| 56. | Asks the Commission to make the fight against impunity a priority of its development policy with Latin America, and to present by the end of 2012 a communication on that topic with chapters on judicial cooperation, on financial cooperation and information exchange, and on victims’ protection; |
| --- | --- |

56.

Asks the Commission to make the fight against impunity a priority of its development policy with Latin America, and to present by the end of 2012 a communication on that topic with chapters on judicial cooperation, on financial cooperation and information exchange, and on victims’ protection;

| 57. | Expresses its concern about increased violence against women; asks the Commission to establish clear responsibilities within the EEAS and coordinate relevant actions of EU delegations with those of Member States’ embassies in the countries at stake to convert the Declaration of June 2010 by the High Representative Catherine Ashton on feminicide into concrete policies allocated with sufficient resources; |
| --- | --- |

57.

Expresses its concern about increased violence against women; asks the Commission to establish clear responsibilities within the EEAS and coordinate relevant actions of EU delegations with those of Member States’ embassies in the countries at stake to convert the Declaration of June 2010 by the High Representative Catherine Ashton on feminicide into concrete policies allocated with sufficient resources;

| 58. | Asks the Commission to provide political and financial support to the work of the Inter-American System of Human Rights on the issue of feminicide and contribute to the implementation of its sentences; |
| --- | --- |

58.

Asks the Commission to provide political and financial support to the work of the Inter-American System of Human Rights on the issue of feminicide and contribute to the implementation of its sentences;

| 59. | Urges the Vice-President / High Representative for Foreign Affairs and Security Policy to consult with and debrief the European Parliament on the existing human rights dialogues, and to cooperate, in the context of the bi-regional partnership, in the search for remedies to eliminate feminicide and other forms of violence against women; |
| --- | --- |

59.

Urges the Vice-President / High Representative for Foreign Affairs and Security Policy to consult with and debrief the European Parliament on the existing human rights dialogues, and to cooperate, in the context of the bi-regional partnership, in the search for remedies to eliminate feminicide and other forms of violence against women;

| 60. | Invites the Commission to actively take part in and regularly raise the topic within political dialogues, and in particular the existing human rights dialogues, and offer cooperation in the search for remedies to eliminate violence against women and feminicide in the context of the bi-regional partnership; |
| --- | --- |

60.

Invites the Commission to actively take part in and regularly raise the topic within political dialogues, and in particular the existing human rights dialogues, and offer cooperation in the search for remedies to eliminate violence against women and feminicide in the context of the bi-regional partnership;

Climate change

| 61. | Expresses concern at the impact of climate change on sustainable development, protection of biodiversity, deforestation and agricultural production in Latin America; |
| --- | --- |

61.

Expresses concern at the impact of climate change on sustainable development, protection of biodiversity, deforestation and agricultural production in Latin America;

| 62. | Insists that the EU should not promote or support large scale agrofuel production through its development cooperation, due to its negative impacts on food security, deforestation, access to land and the environment; |
| --- | --- |

62.

Insists that the EU should not promote or support large scale agrofuel production through its development cooperation, due to its negative impacts on food security, deforestation, access to land and the environment;

| 63. | Calls on local authorities of Latin American countries to pay special attention to the growing investments which can hinder the sustainable development and ecosystems of a country, especially in the framework of the negative impact of climate change; |
| --- | --- |

63.

Calls on local authorities of Latin American countries to pay special attention to the growing investments which can hinder the sustainable development and ecosystems of a country, especially in the framework of the negative impact of climate change;

| 64. | Recalls that climate change represents an additional burden for Latin America and that there is an urgent need to finance actions to combat, mitigate and adapt to climate change; |
| --- | --- |

64.

Recalls that climate change represents an additional burden for Latin America and that there is an urgent need to finance actions to combat, mitigate and adapt to climate change;

| 65. | Asks that the exchange of experience and information between the EU and Latin America be promoted within the framework of the EuroClima programme and of South-South cooperation, as agreed in the Madrid Action Plan; recalls the importance of education to environmental sustainability; |
| --- | --- |

65.

Asks that the exchange of experience and information between the EU and Latin America be promoted within the framework of the EuroClima programme and of South-South cooperation, as agreed in the Madrid Action Plan; recalls the importance of education to environmental sustainability;

| 66. | Notes that although it has 30 % of the planet’s water resources, the distribution of water in Latin America is very irregular and unequal; urges the Commission to maintain its assistance to partner countries in support of a better management of the supply and sanitation of water resources; |
| --- | --- |

66.

Notes that although it has 30 % of the planet’s water resources, the distribution of water in Latin America is very irregular and unequal; urges the Commission to maintain its assistance to partner countries in support of a better management of the supply and sanitation of water resources;

| 67. | Recalls the EU’s commitment to contribute to increasing the role of sustainable energy as one of the vectors of sustainable development; |
| --- | --- |

67.

Recalls the EU’s commitment to contribute to increasing the role of sustainable energy as one of the vectors of sustainable development;

Private sector and infrastructure

| 68. | Notes that mechanisms such as the Latin American Investment Facility are meant to become increasingly important in EU development cooperation, the priorities of which are energy efficiency, renewable energy, transport, protection of biodiversity and support for SMEs, and underlines the potential importance of its role in promoting regional integration and the region‘s international competitiveness agendas; highlights the fact that civil society has a central and proper role to play in the scrutiny of development policies, but notes that there is no mechanism foreseen within the LAIF structure to ensure civil society representation and participation; accordingly, calls on the Commission to ensure that representation and participation by parliaments and civil society is guaranteed in order to ensure effective monitoring and follow-up of EU development cooperation funds; |
| --- | --- |

68.

Notes that mechanisms such as the Latin American Investment Facility are meant to become increasingly important in EU development cooperation, the priorities of which are energy efficiency, renewable energy, transport, protection of biodiversity and support for SMEs, and underlines the potential importance of its role in promoting regional integration and the region‘s international competitiveness agendas; highlights the fact that civil society has a central and proper role to play in the scrutiny of development policies, but notes that there is no mechanism foreseen within the LAIF structure to ensure civil society representation and participation; accordingly, calls on the Commission to ensure that representation and participation by parliaments and civil society is guaranteed in order to ensure effective monitoring and follow-up of EU development cooperation funds;

| 69. | Emphasises the need to study further experiences with LAIF and insists that future projects must be subject, for their implementation, to clearly established and transparent monitoring mechanisms and to social and environmental impact studies; |
| --- | --- |

69.

Emphasises the need to study further experiences with LAIF and insists that future projects must be subject, for their implementation, to clearly established and transparent monitoring mechanisms and to social and environmental impact studies;

| 70. | Points out in particular the importance of support for small and medium-sized enterprises because of their contribution to development, to the region’s economic growth and to social and economic consolidation; underlines that SMEs are the main sources of job generation; expects that advancement of the corporate social responsibility activities of its European partners will also be necessary in order to further the objectives of the EU’s inclusive growth policy; |
| --- | --- |

70.

Points out in particular the importance of support for small and medium-sized enterprises because of their contribution to development, to the region’s economic growth and to social and economic consolidation; underlines that SMEs are the main sources of job generation; expects that advancement of the corporate social responsibility activities of its European partners will also be necessary in order to further the objectives of the EU’s inclusive growth policy;

| 71. | Underlines the urgent need to foster the construction of infrastructure in Latin America in order to sustain the current high rates of growth and encourage social inclusion; recommends the use of instruments such as the LAIF to support transportation, energy and telecommunications infrastructure projects, since the current investment by Latin American countries in these areas is very far below what is necessary; recalls that the use of ODA for these projects must be justified based on their contribution to reducing poverty, fostering social cohesion and the provision of high-quality public services for the population; |
| --- | --- |

71.

Underlines the urgent need to foster the construction of infrastructure in Latin America in order to sustain the current high rates of growth and encourage social inclusion; recommends the use of instruments such as the LAIF to support transportation, energy and telecommunications infrastructure projects, since the current investment by Latin American countries in these areas is very far below what is necessary; recalls that the use of ODA for these projects must be justified based on their contribution to reducing poverty, fostering social cohesion and the provision of high-quality public services for the population;

| 72. | Insists that the Commission needs to develop clear guidelines on a transparent decision-making process on the selection of projects and ensure coherence with the European Consensus on Development, the principle of country ownership and the EU‘s commitment to untie its aid; |
| --- | --- |

72.

Insists that the Commission needs to develop clear guidelines on a transparent decision-making process on the selection of projects and ensure coherence with the European Consensus on Development, the principle of country ownership and the EU‘s commitment to untie its aid;

| 73. | Insists on the need to focus grant and loan blending facilities on areas such as small scale and local energy and agriculture production and in favour of SMEs and private sector micro-enterprises in developing countries; |
| --- | --- |

73.

Insists on the need to focus grant and loan blending facilities on areas such as small scale and local energy and agriculture production and in favour of SMEs and private sector micro-enterprises in developing countries;

Differentiated cooperation: scientific and technological research

| 74. | Calls for cooperation with some MICs to be strengthened in the area of science, technology and innovation within the Horizon 2020 programme; |
| --- | --- |

74.

Calls for cooperation with some MICs to be strengthened in the area of science, technology and innovation within the Horizon 2020 programme;

| 75. | Hopes that opening a rigorous dialogue on science, higher education and training, technology and innovation will boost the creation of a Euro-Latin American area of innovation and knowledge and help to boost competitiveness; |
| --- | --- |

75.

Hopes that opening a rigorous dialogue on science, higher education and training, technology and innovation will boost the creation of a Euro-Latin American area of innovation and knowledge and help to boost competitiveness;

| 76. | Takes the view that temporary mobility of researchers and support for universities and research centres in such areas as health, food security, marine and maritime research, renewable energies and the fight against and adaptation to climate change should be promoted; |
| --- | --- |

76.

Takes the view that temporary mobility of researchers and support for universities and research centres in such areas as health, food security, marine and maritime research, renewable energies and the fight against and adaptation to climate change should be promoted;

| 77. | Recalls that the European Union should better consider and exploit the major advantage represented by the geostrategic position of certain outermost regions of the Union located close to Latin America; |
| --- | --- |

77.

Recalls that the European Union should better consider and exploit the major advantage represented by the geostrategic position of certain outermost regions of the Union located close to Latin America;

| 78. | Notes that enhancing the current work of research institutes on agriculture practices is fundamental for the development of the continent; |
| --- | --- |

78.

Notes that enhancing the current work of research institutes on agriculture practices is fundamental for the development of the continent;

Promotion of Regional Cooperation, South-South Cooperation (SSC) and Triangular Cooperation

| 79. | Calls on the Commission to give more in-depth consideration to incorporating SSC into cooperation policy; |
| --- | --- |

79.

Calls on the Commission to give more in-depth consideration to incorporating SSC into cooperation policy;

| 80. | Recalls that Latin America is the most dynamic region of the world as regards SSC, thus showing the important role of MICs as promoters of regional integration and international development objectives; |
| --- | --- |

80.

Recalls that Latin America is the most dynamic region of the world as regards SSC, thus showing the important role of MICs as promoters of regional integration and international development objectives;

| 81. | Recalls that the EU does not have at present a clear strategic definition of SSC (10) that permits it to develop a more active policy in this field; underlines the need to establish indicators that show the social and economic impact of the various SSC and triangular models; |
| --- | --- |

81.

Recalls that the EU does not have at present a clear strategic definition of SSC (10) that permits it to develop a more active policy in this field; underlines the need to establish indicators that show the social and economic impact of the various SSC and triangular models;

| 82. | Reiterates the importance of intra-regional trade exchanges and triangular cooperation and its key role in the achievement of the MDGs, the eradication of poverty, the promotion of employment and of gender equality, education, social cohesion, agriculture and sustainable development; |
| --- | --- |

82.

Reiterates the importance of intra-regional trade exchanges and triangular cooperation and its key role in the achievement of the MDGs, the eradication of poverty, the promotion of employment and of gender equality, education, social cohesion, agriculture and sustainable development;

| 83. | Takes the view that bi-regional, SSC and triangular cooperation initiatives should be expanded in such sectors as science and research, sustainable development, the environment, climate change, energy, social cohesion, education and employment; |
| --- | --- |

83.

Takes the view that bi-regional, SSC and triangular cooperation initiatives should be expanded in such sectors as science and research, sustainable development, the environment, climate change, energy, social cohesion, education and employment;

| 84. | Stresses the need to widen the EU-Latin America political dialogue at different levels, such as the Summits of Heads of States and the EUROLAT Parliamentary Assembly, as important tools for the development of political consensus; calls for measures to ensure that the political commitments undertaken at EU-Latin America Summits are accompanied by the allocation of the necessary financial resources; |
| --- | --- |

84.

Stresses the need to widen the EU-Latin America political dialogue at different levels, such as the Summits of Heads of States and the EUROLAT Parliamentary Assembly, as important tools for the development of political consensus; calls for measures to ensure that the political commitments undertaken at EU-Latin America Summits are accompanied by the allocation of the necessary financial resources;

| 85. | Recommends to the Eurolat Assembly and the EU–LAC Foundation that they grant SSC and triangular cooperation their due strategic importance in their work agenda; |
| --- | --- |

85.

Recommends to the Eurolat Assembly and the EU–LAC Foundation that they grant SSC and triangular cooperation their due strategic importance in their work agenda;

| 86. | Considers that SSC and triangular cooperation should be one of the central themes of the 7th EU-LAC Summit in Chile, giving a clear response to the final conclusions of the Summit in Madrid; |
| --- | --- |

86.

Considers that SSC and triangular cooperation should be one of the central themes of the 7th EU-LAC Summit in Chile, giving a clear response to the final conclusions of the Summit in Madrid;

*

* *

| 87. | Instructs its President to forward this resolution to the Vice-President/High Representative of the Union for Foreign Affairs and Security Policy, to the Council and the Commission, and to the Governments and Parliaments of the Member States and of the countries of Latin America and the Caribbean, the EU–LAC Foundation, the Euro–Latin American Parliamentary Assembly, the Latin American Parliament, the Central American Parliament, the Andean Parliament and the Mercosur Parliament. |
| --- | --- |

87.

Instructs its President to forward this resolution to the Vice-President/High Representative of the Union for Foreign Affairs and Security Policy, to the Council and the Commission, and to the Governments and Parliaments of the Member States and of the countries of Latin America and the Caribbean, the EU–LAC Foundation, the Euro–Latin American Parliamentary Assembly, the Latin American Parliament, the Central American Parliament, the Andean Parliament and the Mercosur Parliament.

---

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

(2)  OJ L 378, 27.12.2006, p. 41.

(3)  OJ C 140 E, 16.3.2002, p. 569.

(4)  OJ C 296 E, 6.12.2006, p. 123.

(5)  OJ C 259 E, 29.10.2009, p. 64.

(6)  OJ C 81 E, 15.3.2011, p. 54.

(7)  OJ C 70 E, 8.3.2012, p. 79.

(8)  Texts adopted P7_TA(2011)0320.

(9)  Data from ECLAC and OECD.

(10)  Recalls that guidelines exist on this topic in relation to emerging economies, but it is a somewhat fragmented approach.

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/14 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/14

---

Tuesday 12 June 2012Cross-border voluntary activities in the EU

P7_TA(2012)0236

European Parliament resolution of 12 June 2012 on recognising and promoting cross-border voluntary activities in the EU (2011/2293(INI))

2013/C 332 E/02

The European Parliament,

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

—

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

| — | having regard to Articles 165, 166 and 214 of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Articles 165, 166 and 214 of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Decision No 1719/2006/EC of the European Parliament and of the Council of 15 November 2006 establishing the ‘Youth in Action’ programme for the period 2007 to 2013 (1), |
| --- | --- |

—

having regard to Decision No 1719/2006/EC of the European Parliament and of the Council of 15 November 2006 establishing the ‘Youth in Action’ programme for the period 2007 to 2013 (1),

| — | having regard to Decision No 1720/2006/EC of the European Parliament and of the Council of 15 November 2006 establishing an action programme in the field of lifelong learning (2), |
| --- | --- |

—

having regard to Decision No 1720/2006/EC of the European Parliament and of the Council of 15 November 2006 establishing an action programme in the field of lifelong learning (2),

| — | having regard to Decision No 1904/2006/EC of the European Parliament and of the Council of 12 December 2006 establishing for the period 2007 to 2013 the programme ‘Europe for Citizens’ to promote active European citizenship (3), |
| --- | --- |

—

having regard to Decision No 1904/2006/EC of the European Parliament and of the Council of 12 December 2006 establishing for the period 2007 to 2013 the programme ‘Europe for Citizens’ to promote active European citizenship (3),

| — | having regard to Council Decision 2010/37/EC of 27 November 2009 on the European Year of Voluntary Activities Promoting Active Citizenship (2011) (4), |
| --- | --- |

—

having regard to Council Decision 2010/37/EC of 27 November 2009 on the European Year of Voluntary Activities Promoting Active Citizenship (2011) (4),

| — | having regard to the Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 24 April 2006, on the recognition of the value of non-formal and informal learning within the European youth field (5), |
| --- | --- |

—

having regard to the Resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council of 24 April 2006, on the recognition of the value of non-formal and informal learning within the European youth field (5),

| — | having regard to the Council Resolution of 27 November 2007 on voluntary activities of young people (14427/1/2007), |
| --- | --- |

—

having regard to the Council Resolution of 27 November 2007 on voluntary activities of young people (14427/1/2007),

| — | having regard to the Resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 16 May 2007, on implementing the common objectives for voluntary activities of young people (6), |
| --- | --- |

—

having regard to the Resolution of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 16 May 2007, on implementing the common objectives for voluntary activities of young people (6),

| — | having regard to the Council Recommendation of 20 November 2008 on the mobility of young volunteers across the European Union (7), |
| --- | --- |

—

having regard to the Council Recommendation of 20 November 2008 on the mobility of young volunteers across the European Union (7),

| — | having regard to Recommendation 2006/961/EC of the European Parliament and of the Council of 18 December 2006 on transnational mobility within the Community for education and training purposes: European Quality Charter for Mobility (8), |
| --- | --- |

—

having regard to Recommendation 2006/961/EC of the European Parliament and of the Council of 18 December 2006 on transnational mobility within the Community for education and training purposes: European Quality Charter for Mobility (8),

| — | having regard to its declaration of 10 March 2011 on establishing European statutes for mutual societies, associations and foundations (9), |
| --- | --- |

—

having regard to its declaration of 10 March 2011 on establishing European statutes for mutual societies, associations and foundations (9),

| — | having regard to the Council conclusions of 3 October 2011 on the role of voluntary activities in social policy (14552/2011), |
| --- | --- |

—

having regard to the Council conclusions of 3 October 2011 on the role of voluntary activities in social policy (14552/2011),

| — | having regard to the Council conclusions of 29 November 2011 on the role of voluntary activities in sport in promoting active citizenship (10), |
| --- | --- |

—

having regard to the Council conclusions of 29 November 2011 on the role of voluntary activities in sport in promoting active citizenship (10),

| — | having regard to the Commission’s EU citizenship report 2010 of 27 October 2010 entitled ‘Dismantling the obstacles to EU citizens’ rights’ (COM(2010)0603), |
| --- | --- |

—

having regard to the Commission’s EU citizenship report 2010 of 27 October 2010 entitled ‘Dismantling the obstacles to EU citizens’ rights’ (COM(2010)0603),

| — | having regard to the Communication from the Commission of 5 September 2007 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Promoting young people’s full participation in education, employment and society’ (COM(2007)0498), |
| --- | --- |

—

having regard to the Communication from the Commission of 5 September 2007 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Promoting young people’s full participation in education, employment and society’ (COM(2007)0498),

| — | having regard to the Communication from the Commission of 27 April 2009 to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘An EU Strategy for Youth: Investing and Empowering – A renewed open method of coordination to address youth challenges and opportunities’ (COM(2009)0200), |
| --- | --- |

—

having regard to the Communication from the Commission of 27 April 2009 to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled ‘An EU Strategy for Youth: Investing and Empowering – A renewed open method of coordination to address youth challenges and opportunities’ (COM(2009)0200),

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

—

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

| — | having regard to the Communication from the Commission of 15 September 2010 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Youth on the Move – An initiative to unleash the potential of young people to achieve smart, sustainable and inclusive growth in the European Union’ (COM(2010)0477), |
| --- | --- |

—

having regard to the Communication from the Commission of 15 September 2010 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Youth on the Move – An initiative to unleash the potential of young people to achieve smart, sustainable and inclusive growth in the European Union’ (COM(2010)0477),

| — | having regard to the Communication from the Commission of 20 September 2011 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on EU Policies and Volunteering: Recognising and Promoting Cross-border Voluntary Activities in the EU (COM(2011)0568), |
| --- | --- |

—

having regard to the Communication from the Commission of 20 September 2011 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on EU Policies and Volunteering: Recognising and Promoting Cross-border Voluntary Activities in the EU (COM(2011)0568),

| — | having regard to the Communication from the Commission of 23 November 2010 to the European Parliament and the Council entitled ‘How to express EU citizens’ solidarity through volunteering: First reflections on a European Voluntary Humanitarian Aid Corps’ (COM(2010)0683), |
| --- | --- |

—

having regard to the Communication from the Commission of 23 November 2010 to the European Parliament and the Council entitled ‘How to express EU citizens’ solidarity through volunteering: First reflections on a European Voluntary Humanitarian Aid Corps’ (COM(2010)0683),

| — | having regard to its resolution of 22 April 2008 on the role of volunteering in contributing to economic and social cohesion (11), |
| --- | --- |

—

having regard to its resolution of 22 April 2008 on the role of volunteering in contributing to economic and social cohesion (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 Culture and Education and the opinion of the Committee on Employment and Social Affairs (A7-0166/2012), |
| --- | --- |

—

having regard to the report of the Committee on Culture and Education and the opinion of the Committee on Employment and Social Affairs (A7-0166/2012),

| A. | whereas ‘volunteering’ means activities, including formal, non-formal, informal and vocational training and learning, which are undertaken voluntarily on the basis of a person’s own free choice and motivation, and without concern for financial gain and for a non-profit cause, which benefit volunteers, those receiving services from a volunteer association, communities and society as a whole; |
| --- | --- |

A.

whereas ‘volunteering’ means activities, including formal, non-formal, informal and vocational training and learning, which are undertaken voluntarily on the basis of a person’s own free choice and motivation, and without concern for financial gain and for a non-profit cause, which benefit volunteers, those receiving services from a volunteer association, communities and society as a whole;

| B. | whereas the success of the European Year of Voluntary Activities Promoting Active Citizenship (2011) at national, regional, local and European levels has positive effects in terms of increased public visibility and awareness-raising and should influence the drafting of public policy; |
| --- | --- |

B.

whereas the success of the European Year of Voluntary Activities Promoting Active Citizenship (2011) at national, regional, local and European levels has positive effects in terms of increased public visibility and awareness-raising and should influence the drafting of public policy;

| C. | whereas volunteering is an informal learning experience suitable for persons of all ages; whereas it offers benefits in terms of personal development, community management, strengthening of democracy, civic values, social solidarity and participation in democratic life, intercultural learning and the acquisition of social and professional skills as well as contributing to the aims of European Union policies on social inclusion and combating discrimination, and on employment, education, culture, development of skills and citizenship; |
| --- | --- |

C.

whereas volunteering is an informal learning experience suitable for persons of all ages; whereas it offers benefits in terms of personal development, community management, strengthening of democracy, civic values, social solidarity and participation in democratic life, intercultural learning and the acquisition of social and professional skills as well as contributing to the aims of European Union policies on social inclusion and combating discrimination, and on employment, education, culture, development of skills and citizenship;

| D. | whereas volunteering is an important factor in creating social capital and development and in promoting socio-economic cohesion, given the potential of non-formal learning opportunities to help volunteers gain skills that will make them more employable and thus contribute to the Europe 2020 growth strategy; |
| --- | --- |

D.

whereas volunteering is an important factor in creating social capital and development and in promoting socio-economic cohesion, given the potential of non-formal learning opportunities to help volunteers gain skills that will make them more employable and thus contribute to the Europe 2020 growth strategy;

| E. | whereas a growing number of EU citizens of all ages are participating in volunteering in the fields of education, culture, youth policies, sport, the environment, sustainable development, health, immigration, rights advocacy, corporate social responsibility and the EU’s relations with third countries; |
| --- | --- |

E.

whereas a growing number of EU citizens of all ages are participating in volunteering in the fields of education, culture, youth policies, sport, the environment, sustainable development, health, immigration, rights advocacy, corporate social responsibility and the EU’s relations with third countries;

| F. | whereas there is a huge variety of cultures, traditions, legal systems and organisational methods for volunteering in the Member States but persistent obstacles to its practice, since volunteering is not recognised or not adequately recognised in many national Member State legal systems, and whereas it must not replace tasks which could potentially create paid jobs; |
| --- | --- |

F.

whereas there is a huge variety of cultures, traditions, legal systems and organisational methods for volunteering in the Member States but persistent obstacles to its practice, since volunteering is not recognised or not adequately recognised in many national Member State legal systems, and whereas it must not replace tasks which could potentially create paid jobs;

| G. | whereas the economic crisis and fiscal consolidation are endangering the financial sustainability of many NGOs and volunteering providers working every day on increasing active citizenship, solidarity and social inclusion all over Europe; |
| --- | --- |

G.

whereas the economic crisis and fiscal consolidation are endangering the financial sustainability of many NGOs and volunteering providers working every day on increasing active citizenship, solidarity and social inclusion all over Europe;

| H. | whereas the economic crisis and political and economic factors have an impact on sustainable funding and fundraising for voluntary activities; |
| --- | --- |

H.

whereas the economic crisis and political and economic factors have an impact on sustainable funding and fundraising for voluntary activities;

| I. | whereas many volunteer-led projects and organisations do not have the resources to access and secure funding under existing EU programmes due to excessive red tape and bureaucracy; |
| --- | --- |

I.

whereas many volunteer-led projects and organisations do not have the resources to access and secure funding under existing EU programmes due to excessive red tape and bureaucracy;

| J. | whereas EU action has an added value in promoting cooperation between the Member States and the exchange of information and good practice concerning volunteering, while respecting the subsidiarity principle; |
| --- | --- |

J.

whereas EU action has an added value in promoting cooperation between the Member States and the exchange of information and good practice concerning volunteering, while respecting the subsidiarity principle;

| 1. | Calls on those Member States who do not have a clear or adequate legal framework for volunteers to put one in place and to draw up national strategies to promote the growth of volunteering activities, including the recognition of the rights of volunteers, and to ensure quality, protection and equal access for everyone, without discrimination, particularly in terms of adequate access to health and social protection; |
| --- | --- |

1.

Calls on those Member States who do not have a clear or adequate legal framework for volunteers to put one in place and to draw up national strategies to promote the growth of volunteering activities, including the recognition of the rights of volunteers, and to ensure quality, protection and equal access for everyone, without discrimination, particularly in terms of adequate access to health and social protection;

| 2. | Invites those Member States that have not made substantial progress in the area of volunteering to devote more attention to this sector in their future policy-making, programmes and financing; |
| --- | --- |

2.

Invites those Member States that have not made substantial progress in the area of volunteering to devote more attention to this sector in their future policy-making, programmes and financing;

| 3. | Calls on the Member States to ensure that the rights and responsibilities of volunteers are recognised and respected and that volunteers themselves are aware of them; suggests that, in this regard, Member States use the European Charter on the Rights and Responsibilities of Volunteers, drawn up by the stakeholder conference at the 2nd Youth Convention on Volunteering in 2011 as a reference for policy-making and national legislation in this field; |
| --- | --- |

3.

Calls on the Member States to ensure that the rights and responsibilities of volunteers are recognised and respected and that volunteers themselves are aware of them; suggests that, in this regard, Member States use the European Charter on the Rights and Responsibilities of Volunteers, drawn up by the stakeholder conference at the 2nd Youth Convention on Volunteering in 2011 as a reference for policy-making and national legislation in this field;

| 4. | Asks the national, regional and local authorities and the EU to pay particular attention to disadvantaged young people and young people with fewer opportunities (especially people with disabilities), so that they may participate in volunteering activities and, to that end, benefit from adequate educational and financial support; |
| --- | --- |

4.

Asks the national, regional and local authorities and the EU to pay particular attention to disadvantaged young people and young people with fewer opportunities (especially people with disabilities), so that they may participate in volunteering activities and, to that end, benefit from adequate educational and financial support;

| 5. | Points out that volunteering reduces the risk of social exclusion and that it is essential to attract all social groups to such activities, especially people with disabilities; draws attention to the need to ensure that volunteering becomes more widely recognised and less hampered by barriers of all kinds; |
| --- | --- |

5.

Points out that volunteering reduces the risk of social exclusion and that it is essential to attract all social groups to such activities, especially people with disabilities; draws attention to the need to ensure that volunteering becomes more widely recognised and less hampered by barriers of all kinds;

| 6. | Reiterates the need to make volunteering accessible to immigrants and minorities as an essential element in encouraging their integration and social inclusion; |
| --- | --- |

6.

Reiterates the need to make volunteering accessible to immigrants and minorities as an essential element in encouraging their integration and social inclusion;

| 7. | Notes the benefits arising from cooperation between volunteers from the European Union’s Member States and third countries and points out that such cooperation is particularly important in the context of the European Neighbourhood Policy; notes, too, that, in addition to the primary benefits associated with volunteering, it can also help to promote democracy and the rule of law in third countries; |
| --- | --- |

7.

Notes the benefits arising from cooperation between volunteers from the European Union’s Member States and third countries and points out that such cooperation is particularly important in the context of the European Neighbourhood Policy; notes, too, that, in addition to the primary benefits associated with volunteering, it can also help to promote democracy and the rule of law in third countries;

| 8. | Calls on the Council and the Commission to continue to make progress in the negotiations towards easier visa regimes for non-EU citizens wishing to enter the EU for the purpose of volunteering, provided they fulfil the criteria to perform volunteering activities; |
| --- | --- |

8.

Calls on the Council and the Commission to continue to make progress in the negotiations towards easier visa regimes for non-EU citizens wishing to enter the EU for the purpose of volunteering, provided they fulfil the criteria to perform volunteering activities;

| 9. | Calls on the Member States to implement the provisions of Council Directive 2004/114/EC (12) on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service and to simplify the procedures for the granting of visas for those wishing to undertake voluntary activities as part of the EU neighbourhood policy; |
| --- | --- |

9.

Calls on the Member States to implement the provisions of Council Directive 2004/114/EC (12) on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service and to simplify the procedures for the granting of visas for those wishing to undertake voluntary activities as part of the EU neighbourhood policy;

| 10. | Notes that volunteering involves citizens in economically, socially and ecologically sustainable local and cross-border development and can often ensure the swift provision of aid when disasters occur; points out that it also plays a role in fostering solidarity, active citizenship and inter-cultural learning, providing volunteers with the opportunity to learn the language and culture of the country in which they work, thereby strengthening social cohesion and participative democracy; |
| --- | --- |

10.

Notes that volunteering involves citizens in economically, socially and ecologically sustainable local and cross-border development and can often ensure the swift provision of aid when disasters occur; points out that it also plays a role in fostering solidarity, active citizenship and inter-cultural learning, providing volunteers with the opportunity to learn the language and culture of the country in which they work, thereby strengthening social cohesion and participative democracy;

| 11. | Encourages the Member States to recognise the benefits of participating in cross-border volunteer activities to provide citizens with new skills, contributing to their employability and mobility and strengthening the development of social inclusion, and to support cooperation between organisers of voluntary activities in EU countries in order to promote the mobility of volunteers of all ages across Europe, with the aim of fostering mutual intercultural enrichment; |
| --- | --- |

11.

Encourages the Member States to recognise the benefits of participating in cross-border volunteer activities to provide citizens with new skills, contributing to their employability and mobility and strengthening the development of social inclusion, and to support cooperation between organisers of voluntary activities in EU countries in order to promote the mobility of volunteers of all ages across Europe, with the aim of fostering mutual intercultural enrichment;

| 12. | Calls on the Commission to improve the facilities of volunteering organisations and volunteer centres for providing information and training and for coordinating activities between volunteers and volunteering organisations; |
| --- | --- |

12.

Calls on the Commission to improve the facilities of volunteering organisations and volunteer centres for providing information and training and for coordinating activities between volunteers and volunteering organisations;

| 13. | Calls on the Commission to publish a report identifying the obstacles to cross-border volunteering, for example age limits in insurance policies, and, where appropriate, legislative proposals; |
| --- | --- |

13.

Calls on the Commission to publish a report identifying the obstacles to cross-border volunteering, for example age limits in insurance policies, and, where appropriate, legislative proposals;

| 14. | Highlights the need to ensure that high-quality volunteering is developed, both nationally and at cross-border level, through a structured framework of comprehensive information and appropriate training for volunteers which includes current best practice, the development of hosting capacities for providers and organisations at local and national level, a recognition of the rights of volunteers to reconcile their voluntary work with their personal lives, and by creating the necessary infrastructure at all levels; |
| --- | --- |

14.

Highlights the need to ensure that high-quality volunteering is developed, both nationally and at cross-border level, through a structured framework of comprehensive information and appropriate training for volunteers which includes current best practice, the development of hosting capacities for providers and organisations at local and national level, a recognition of the rights of volunteers to reconcile their voluntary work with their personal lives, and by creating the necessary infrastructure at all levels;

| 15. | Highlights the importance of developing activities that can bring together and channel the motivations of potential volunteers, capitalising on every individual’s personal assets and increasing the quality of volunteering in every entity and partnership and in every Member State, and with a particular focus on cross-border volunteering; |
| --- | --- |

15.

Highlights the importance of developing activities that can bring together and channel the motivations of potential volunteers, capitalising on every individual’s personal assets and increasing the quality of volunteering in every entity and partnership and in every Member State, and with a particular focus on cross-border volunteering;

| 16. | Calls on the Member States to promote the use of volunteer time as matching funding for European projects, particularly in cross-border initiatives; |
| --- | --- |

16.

Calls on the Member States to promote the use of volunteer time as matching funding for European projects, particularly in cross-border initiatives;

| 17. | Urges the Member States to develop international volunteering initiatives and programmes that extend beyond EU borders and draws attention to the successful examples and practices already implemented in certain Member States for this purpose; |
| --- | --- |

17.

Urges the Member States to develop international volunteering initiatives and programmes that extend beyond EU borders and draws attention to the successful examples and practices already implemented in certain Member States for this purpose;

| 18. | Calls on the Member States to promote training programmes and develop guides and materials on the management of volunteers and schemes to motivate people to engage in cross-border volunteering activities; |
| --- | --- |

18.

Calls on the Member States to promote training programmes and develop guides and materials on the management of volunteers and schemes to motivate people to engage in cross-border volunteering activities;

| 19. | Calls on the Commission and the national, regional and local authorities and the various civil society organisations to improve information networks in order to make everyone aware of volunteering opportunities, tackle barriers to participation, enhance access to volunteering best practice and promote cooperation across borders; |
| --- | --- |

19.

Calls on the Commission and the national, regional and local authorities and the various civil society organisations to improve information networks in order to make everyone aware of volunteering opportunities, tackle barriers to participation, enhance access to volunteering best practice and promote cooperation across borders;

| 20. | Proposes, therefore, that a centralised EU portal be created, in cooperation with organisations and associations working in this sector and in particular their European networks, to include a best practice volunteer resources bank and a section on cross-border volunteering, with information on the programmes available, their costs and the conditions for participation, allowing for an exchange of information on administrative burdens, the legal and fiscal aspects of volunteering, barriers encountered in accessing programmes and the best ways to tackle them; |
| --- | --- |

20.

Proposes, therefore, that a centralised EU portal be created, in cooperation with organisations and associations working in this sector and in particular their European networks, to include a best practice volunteer resources bank and a section on cross-border volunteering, with information on the programmes available, their costs and the conditions for participation, allowing for an exchange of information on administrative burdens, the legal and fiscal aspects of volunteering, barriers encountered in accessing programmes and the best ways to tackle them;

| 21. | Encourages the Member States to adopt the use of the International Labour Organisation’s (ILO) Manual on the Measurement of Volunteer Work and the United Nations Handbook on Non-Profit Organisations with a view to making available comparable statistics and data providing a clear picture of the significant contribution made by volunteering and of the needs of volunteers and providers throughout the European Union; |
| --- | --- |

21.

Encourages the Member States to adopt the use of the International Labour Organisation’s (ILO) Manual on the Measurement of Volunteer Work and the United Nations Handbook on Non-Profit Organisations with a view to making available comparable statistics and data providing a clear picture of the significant contribution made by volunteering and of the needs of volunteers and providers throughout the European Union;

| 22. | Calls on the Commission to encourage the Member States to adopt the ILO Manual on the Measurement of Volunteer Work in order to ensure robust comparable data which can help improve monitoring and policy-making; |
| --- | --- |

22.

Calls on the Commission to encourage the Member States to adopt the ILO Manual on the Measurement of Volunteer Work in order to ensure robust comparable data which can help improve monitoring and policy-making;

| 23. | Notes that older people who engage in volunteering find it easier to make the transition from work to retirement, i.e. gradually to leave active work; |
| --- | --- |

23.

Notes that older people who engage in volunteering find it easier to make the transition from work to retirement, i.e. gradually to leave active work;

| 24. | Stresses the importance of providing information, adequate funding and support for senior citizens wishing to volunteer in another EU country, encouraging active ageing as a rich source of wisdom and experience for society; |
| --- | --- |

24.

Stresses the importance of providing information, adequate funding and support for senior citizens wishing to volunteer in another EU country, encouraging active ageing as a rich source of wisdom and experience for society;

| 25. | Notes that volunteering contributes to integration, social inclusion and social innovation, and can also contribute to poverty reduction, thus helping to achieve economic and social cohesion; points out that volunteering also promotes solidarity between generations by encouraging cooperation between young people and senior citizens, and that it contributes to active ageing and social involvement in all phases of life, as well as helping to improve environmental protection; |
| --- | --- |

25.

Notes that volunteering contributes to integration, social inclusion and social innovation, and can also contribute to poverty reduction, thus helping to achieve economic and social cohesion; points out that volunteering also promotes solidarity between generations by encouraging cooperation between young people and senior citizens, and that it contributes to active ageing and social involvement in all phases of life, as well as helping to improve environmental protection;

| 26. | Notes that volunteering increases people’s tolerance, creates human and social capital and plays a vital role in the empowerment of socially excluded groups; emphasises the need to provide access to as wide a range of volunteering opportunities as possible and encourages the Commission to make European programmes more inclusive and open to all age groups; |
| --- | --- |

26.

Notes that volunteering increases people’s tolerance, creates human and social capital and plays a vital role in the empowerment of socially excluded groups; emphasises the need to provide access to as wide a range of volunteering opportunities as possible and encourages the Commission to make European programmes more inclusive and open to all age groups;

| 27. | Encourages the Member States to set national targets for volunteering and to establish official reporting, monitoring and evaluation of volunteering actions; |
| --- | --- |

27.

Encourages the Member States to set national targets for volunteering and to establish official reporting, monitoring and evaluation of volunteering actions;

| 28. | Calls on the Commission and the Member States to give a high profile to volunteering in sport, particularly at the grassroots level, to acknowledge the important role played by volunteer-led sporting organisations in strengthening culture, promoting social inclusion and enhancing communities and to reduce the barriers to sports volunteering across the EU; |
| --- | --- |

28.

Calls on the Commission and the Member States to give a high profile to volunteering in sport, particularly at the grassroots level, to acknowledge the important role played by volunteer-led sporting organisations in strengthening culture, promoting social inclusion and enhancing communities and to reduce the barriers to sports volunteering across the EU;

| 29. | Urges the national, regional and local authorities and the EU to recognise the important contribution also made by volunteering to protecting the environment, and to support volunteering activities in environmental education, prevention and crisis management, and in defending artistic and cultural heritage; |
| --- | --- |

29.

Urges the national, regional and local authorities and the EU to recognise the important contribution also made by volunteering to protecting the environment, and to support volunteering activities in environmental education, prevention and crisis management, and in defending artistic and cultural heritage;

| 30. | Encourages businesses in the European Union actively to support their employees and retired staff in becoming involved in volunteering activities; |
| --- | --- |

30.

Encourages businesses in the European Union actively to support their employees and retired staff in becoming involved in volunteering activities;

| 31. | Supports the Commission’s proposal to establish a ‘European Skills Passport’, so that the skills acquired through volunteering may be officially recognised, both for professional and learning purposes, which is a vital element in motivating potential volunteers and in creating a link between non-formal learning and formal education; |
| --- | --- |

31.

Supports the Commission’s proposal to establish a ‘European Skills Passport’, so that the skills acquired through volunteering may be officially recognised, both for professional and learning purposes, which is a vital element in motivating potential volunteers and in creating a link between non-formal learning and formal education;

| 32. | Emphasises that the European Skills Passport should not be a series of new separate certificates but, rather, a comprehensive document listing all practical experience, training and soft and vocational skills acquired through life-long learning, including those gained through volunteering, if desired by the volunteer; |
| --- | --- |

32.

Emphasises that the European Skills Passport should not be a series of new separate certificates but, rather, a comprehensive document listing all practical experience, training and soft and vocational skills acquired through life-long learning, including those gained through volunteering, if desired by the volunteer;

| 33. | Suggests therefore including the skills acquired through volunteering in the ECTS (European Credit Transfer and Accumulation System) for students; |
| --- | --- |

33.

Suggests therefore including the skills acquired through volunteering in the ECTS (European Credit Transfer and Accumulation System) for students;

| 34. | Calls on the Commission to consider developing a similar calculation and recognition system for skills acquired through volunteering for adults who are not at university; |
| --- | --- |

34.

Calls on the Commission to consider developing a similar calculation and recognition system for skills acquired through volunteering for adults who are not at university;

| 35. | Calls on the Commission to make the European Skills Passport a reality as soon as possible; emphasises that the skills acquired during volunteering work are also of considerable significance in working life and provide added value to a CV, and notes that volunteering can help young people in their choice of a career; |
| --- | --- |

35.

Calls on the Commission to make the European Skills Passport a reality as soon as possible; emphasises that the skills acquired during volunteering work are also of considerable significance in working life and provide added value to a CV, and notes that volunteering can help young people in their choice of a career;

| 36. | Stresses that recognition of competences and skills gained through volunteering as non-formal and informal learning and work experience is essential; |
| --- | --- |

36.

Stresses that recognition of competences and skills gained through volunteering as non-formal and informal learning and work experience is essential;

| 37. | Notes that voluntary work helps volunteers to broaden their horizons and develop their personalities, and highlights the fact that volunteering also brings economic benefits to Member States, as people who engage in voluntary activities contribute to the generation of GDP; |
| --- | --- |

37.

Notes that voluntary work helps volunteers to broaden their horizons and develop their personalities, and highlights the fact that volunteering also brings economic benefits to Member States, as people who engage in voluntary activities contribute to the generation of GDP;

| 38. | Calls on the Commission to address in the ‘European Skills Passport’ the need for a cohesive and transferable approach to proper screening and vetting of volunteers who work with children and/or vulnerable members of society; |
| --- | --- |

38.

Calls on the Commission to address in the ‘European Skills Passport’ the need for a cohesive and transferable approach to proper screening and vetting of volunteers who work with children and/or vulnerable members of society;

| 39. | Urges the Member States to develop mechanisms for validating non-formal and formal learning outcomes, which will improve the value and transferability of the skills acquired outside formal education, facilitating in particular the acquisition of additional ECTS credits at university thanks to volunteering, and a standardised mechanism for recognising the skills acquired through volunteering in the ECTS, and also to explore ways of eliminating the tax obstacles that volunteers encounter when participating in cross-border activities; |
| --- | --- |

39.

Urges the Member States to develop mechanisms for validating non-formal and formal learning outcomes, which will improve the value and transferability of the skills acquired outside formal education, facilitating in particular the acquisition of additional ECTS credits at university thanks to volunteering, and a standardised mechanism for recognising the skills acquired through volunteering in the ECTS, and also to explore ways of eliminating the tax obstacles that volunteers encounter when participating in cross-border activities;

| 40. | Proposes that a training and qualifications framework for volunteer coaches be established and incorporated into the European Qualifications Framework in order to improve the mobility of volunteer coaches and enhance the transferability of skills and competences developed through volunteering; |
| --- | --- |

40.

Proposes that a training and qualifications framework for volunteer coaches be established and incorporated into the European Qualifications Framework in order to improve the mobility of volunteer coaches and enhance the transferability of skills and competences developed through volunteering;

| 41. | Calls on the Member States to support employee volunteering and employer-supported volunteering also in the context of corporate social responsibility; |
| --- | --- |

41.

Calls on the Member States to support employee volunteering and employer-supported volunteering also in the context of corporate social responsibility;

| 42. | Supports the Commission’s proposal to create a ‘European Voluntary Humanitarian Aid Corps’, which will increase the participation of volunteers in solidarity actions in the context of the EU’s humanitarian aid policy; |
| --- | --- |

42.

Supports the Commission’s proposal to create a ‘European Voluntary Humanitarian Aid Corps’, which will increase the participation of volunteers in solidarity actions in the context of the EU’s humanitarian aid policy;

| 43. | Calls on the Commission also to take existing structures into consideration and actively to incorporate these from the outset when establishing this voluntary corps; emphasises, too, that the duplication of organisations in the area of civil protection is not desirable and should be avoided; |
| --- | --- |

43.

Calls on the Commission also to take existing structures into consideration and actively to incorporate these from the outset when establishing this voluntary corps; emphasises, too, that the duplication of organisations in the area of civil protection is not desirable and should be avoided;

| 44. | Urges the national, regional and local authorities and the EU to ensure adequate and stable funding and to simplify administrative procedures, including tax incentives, for the organisations involved in volunteering work, including all the relevant associations and networks, particularly for small associations with limited resources, with a view to enhancing their roles, activities and achievements for the benefit of society; |
| --- | --- |

44.

Urges the national, regional and local authorities and the EU to ensure adequate and stable funding and to simplify administrative procedures, including tax incentives, for the organisations involved in volunteering work, including all the relevant associations and networks, particularly for small associations with limited resources, with a view to enhancing their roles, activities and achievements for the benefit of society;

| 45. | Calls, therefore, for the concept of grants to associations to be clarified so that association funding is not confused with state aid, which could hinder competition in the financial sector; |
| --- | --- |

45.

Calls, therefore, for the concept of grants to associations to be clarified so that association funding is not confused with state aid, which could hinder competition in the financial sector;

| 46. | Calls on the Commission to propose a mechanism to allow Member States wishing to strengthen civil society to exempt from VAT all or most of the activities and transactions carried out by voluntary non-profit-making organisations; stresses that at least the smaller non-profit-making organisations should be covered by such a mechanism; |
| --- | --- |

46.

Calls on the Commission to propose a mechanism to allow Member States wishing to strengthen civil society to exempt from VAT all or most of the activities and transactions carried out by voluntary non-profit-making organisations; stresses that at least the smaller non-profit-making organisations should be covered by such a mechanism;

| 47. | Calls on the Member States to ensure legal certainty for volunteers, not least with regard to insurance issues, so that the various regimes in the different Member States encourage cross-border volunteering, and also to ensure better provision of information to volunteers in connection with their rights and the regulatory and institutional arrangements pertaining in the various Member States; |
| --- | --- |

47.

Calls on the Member States to ensure legal certainty for volunteers, not least with regard to insurance issues, so that the various regimes in the different Member States encourage cross-border volunteering, and also to ensure better provision of information to volunteers in connection with their rights and the regulatory and institutional arrangements pertaining in the various Member States;

| 48. | Calls on the Commission to assist with the process of dismantling existing barriers; |
| --- | --- |

48.

Calls on the Commission to assist with the process of dismantling existing barriers;

| 49. | Calls on the Member States to review their cross-border tax and social security arrangements in connection with cross-border volunteering, so as to ensure that they do not create additional barriers to such activity and that cross-border volunteers are able to receive the social security benefits to which they are entitled under Regulation (EC) No 883/2004; |
| --- | --- |

49.

Calls on the Member States to review their cross-border tax and social security arrangements in connection with cross-border volunteering, so as to ensure that they do not create additional barriers to such activity and that cross-border volunteers are able to receive the social security benefits to which they are entitled under Regulation (EC) No 883/2004;

| 50. | Stresses that, although it is an important resource in our economy and society, volunteering must not be an alternative to or a substitute for regular, paid work and must not, under any circumstances, constitute a reason for governments failing to fulfil their social obligations; |
| --- | --- |

50.

Stresses that, although it is an important resource in our economy and society, volunteering must not be an alternative to or a substitute for regular, paid work and must not, under any circumstances, constitute a reason for governments failing to fulfil their social obligations;

| 51. | Considers that this aspect should be particularly emphasised in the care sector, where the amount of volunteering is continuing to grow; points out, furthermore, that promoting volunteering as a means of acquiring, developing or maintaining skills should not result in volunteering becoming a mandatory requirement, as this would undermine its fundamental nature; |
| --- | --- |

51.

Considers that this aspect should be particularly emphasised in the care sector, where the amount of volunteering is continuing to grow; points out, furthermore, that promoting volunteering as a means of acquiring, developing or maintaining skills should not result in volunteering becoming a mandatory requirement, as this would undermine its fundamental nature;

| 52. | Calls on the national, regional and local authorities and the EU in particular to communicate existing European programmes to the actors and partners involved in volunteering, especially those with ‘European territorial cooperation’ objectives under the cohesion policy, and to facilitate access to them so that they can take advantage of them more effectively in their projects and cross-border activities; |
| --- | --- |

52.

Calls on the national, regional and local authorities and the EU in particular to communicate existing European programmes to the actors and partners involved in volunteering, especially those with ‘European territorial cooperation’ objectives under the cohesion policy, and to facilitate access to them so that they can take advantage of them more effectively in their projects and cross-border activities;

| 53. | Calls on the Member States to promote and implement national schemes for cross-border volunteering in order to contribute to its development across the EU; |
| --- | --- |

53.

Calls on the Member States to promote and implement national schemes for cross-border volunteering in order to contribute to its development across the EU;

| 54. | Calls on the Commission, in particular, as part of the creation of new multiannual programmes and considering the important experience gained from the European Year of Volunteering 2011, to ensure that funding is guaranteed for volunteering projects and for the structures organised by voluntary activities and to develop and encourage efficient inter-institutional coordination in order to promote the role of volunteering in EU policies; |
| --- | --- |

54.

Calls on the Commission, in particular, as part of the creation of new multiannual programmes and considering the important experience gained from the European Year of Volunteering 2011, to ensure that funding is guaranteed for volunteering projects and for the structures organised by voluntary activities and to develop and encourage efficient inter-institutional coordination in order to promote the role of volunteering in EU policies;

| 55. | Calls on the Commission to ensure that information on available funding and the relevant programmes is freely available to volunteer-led projects and that the application procedures are not made inaccessible due to excessive red tape; |
| --- | --- |

55.

Calls on the Commission to ensure that information on available funding and the relevant programmes is freely available to volunteer-led projects and that the application procedures are not made inaccessible due to excessive red tape;

| 56. | Asks the Commission to ensure that adequate funding is provided for programmes in various policy areas to support cross-border volunteering activities; calls on the Member States to actively implement schemes for fostering national and cross-border volunteering; asks for particular attention to be paid to financial support for volunteering infrastructure; maintains that public subsidies for volunteering should be allocated without discrimination against any organisation; |
| --- | --- |

56.

Asks the Commission to ensure that adequate funding is provided for programmes in various policy areas to support cross-border volunteering activities; calls on the Member States to actively implement schemes for fostering national and cross-border volunteering; asks for particular attention to be paid to financial support for volunteering infrastructure; maintains that public subsidies for volunteering should be allocated without discrimination against any organisation;

| 57. | Proposes that a cross-border network of voluntary organisations in the various Member States should be set up by coordinating the existing voluntary organisations while facilitating the exchange of good practice and experience, and takes the view that new contact points should be opened only in Member States that do not already have such structures; |
| --- | --- |

57.

Proposes that a cross-border network of voluntary organisations in the various Member States should be set up by coordinating the existing voluntary organisations while facilitating the exchange of good practice and experience, and takes the view that new contact points should be opened only in Member States that do not already have such structures;

| 58. | Calls on the Commission to propose a European Statute for Associations to give them the legal framework within which to operate, reduce the administrative costs associated with cross-border volunteering activities and establish voluntary structures at a European level which encourage mobility of volunteers in the EU; |
| --- | --- |

58.

Calls on the Commission to propose a European Statute for Associations to give them the legal framework within which to operate, reduce the administrative costs associated with cross-border volunteering activities and establish voluntary structures at a European level which encourage mobility of volunteers in the EU;

| 59. | Emphasises the role that volunteer work can play in promoting EU policies; |
| --- | --- |

59.

Emphasises the role that volunteer work can play in promoting EU policies;

| 60. | Calls on the Commission to give due recognition to and promote volunteering in the relevant EU policies, taking account of the cross-cutting nature of such activities and ensuring that the policies themselves promote the development of volunteering and foster the involvement of all sections of society; |
| --- | --- |

60.

Calls on the Commission to give due recognition to and promote volunteering in the relevant EU policies, taking account of the cross-cutting nature of such activities and ensuring that the policies themselves promote the development of volunteering and foster the involvement of all sections of society;

| 61. | Calls on the Commission to give due recognition in EU programmes and projects to the genuine contribution that the work performed by volunteers makes to the community; |
| --- | --- |

61.

Calls on the Commission to give due recognition in EU programmes and projects to the genuine contribution that the work performed by volunteers makes to the community;

| 62. | Calls on the Commission to allocate adequate resources to the creation of a European Volunteer Centre Development Fund aimed at developing infrastructure to support volunteering; |
| --- | --- |

62.

Calls on the Commission to allocate adequate resources to the creation of a European Volunteer Centre Development Fund aimed at developing infrastructure to support volunteering;

| 63. | Calls on the Commission and the Member States to allow volunteer time to be included as co-funding in all EU-funded programmes on the basis of a contribution in-kind with a financial value; |
| --- | --- |

63.

Calls on the Commission and the Member States to allow volunteer time to be included as co-funding in all EU-funded programmes on the basis of a contribution in-kind with a financial value;

| 64. | Recommends that the Commission and the Member States maintain a continuity between 2011 and future years by strongly integrating the volunteering dimension, which is an expression of active citizenship that promotes social integration, including that of older citizens, within both the European Year for Active Ageing (2012) and the proposed European Year of Citizens (2013); |
| --- | --- |

64.

Recommends that the Commission and the Member States maintain a continuity between 2011 and future years by strongly integrating the volunteering dimension, which is an expression of active citizenship that promotes social integration, including that of older citizens, within both the European Year for Active Ageing (2012) and the proposed European Year of Citizens (2013);

| 65. | Draws attention to the need to promote volunteering, in particular during the European Year of Citizens in 2013, and calls on the Commission to include volunteering support in international development assistance policies, not least with a view to meeting all the targets laid down in the Millennium Development Goals; |
| --- | --- |

65.

Draws attention to the need to promote volunteering, in particular during the European Year of Citizens in 2013, and calls on the Commission to include volunteering support in international development assistance policies, not least with a view to meeting all the targets laid down in the Millennium Development Goals;

| 66. | Supports a formal examination of the ‘Solidarité proposal’ for an inter-institutional human resources programme in the EU institutions to facilitate the involvement of the institutions’ staff and trainees in volunteering, humanitarian and social activities, both as part of staff training and volunteering in their own time; |
| --- | --- |

66.

Supports a formal examination of the ‘Solidarité proposal’ for an inter-institutional human resources programme in the EU institutions to facilitate the involvement of the institutions’ staff and trainees in volunteering, humanitarian and social activities, both as part of staff training and volunteering in their own time;

| 67. | Highlights the fact that the proposed programme is cost saving and highly value-adding and would help to implement EU policies and programmes; |
| --- | --- |

67.

Highlights the fact that the proposed programme is cost saving and highly value-adding and would help to implement EU policies and programmes;

| 68. | Recommends that the Commission maintain the useful contact points set up both with ‘EYV 2011 Alliance’ and the successor Volunteer Platform, which include many civil society volunteering and networking organisations, and with the national coordinating bodies, strategic partners and national government spokespersons in this sector, given the large variety of bodies responsible for volunteering in the EU, and encourages these contact points to engage with the proposed centralised EU portal, as a pan-European platform, to facilitate further coordination and increased cross-border activity; |
| --- | --- |

68.

Recommends that the Commission maintain the useful contact points set up both with ‘EYV 2011 Alliance’ and the successor Volunteer Platform, which include many civil society volunteering and networking organisations, and with the national coordinating bodies, strategic partners and national government spokespersons in this sector, given the large variety of bodies responsible for volunteering in the EU, and encourages these contact points to engage with the proposed centralised EU portal, as a pan-European platform, to facilitate further coordination and increased cross-border activity;

| 69. | Stresses the importance of contact networks and the exchange of good practices to distribute information about existing EU procedures which can help and support cross-border volunteering; |
| --- | --- |

69.

Stresses the importance of contact networks and the exchange of good practices to distribute information about existing EU procedures which can help and support cross-border volunteering;

| 70. | Calls on the Commission to act, where it deems appropriate, on the Policy Agenda on Volunteering in Europe (PAVE), which was drawn up by the volunteering organisations involved in the EYV 2011 Alliance; |
| --- | --- |

70.

Calls on the Commission to act, where it deems appropriate, on the Policy Agenda on Volunteering in Europe (PAVE), which was drawn up by the volunteering organisations involved in the EYV 2011 Alliance;

| 71. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

71.

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

---

(1)  OJ L 327, 24.11.2006, p. 30.

(2)  OJ L 327, 24.11.2006, p. 45.

(3)  OJ L 378, 27.12.2006, p. 32.

(4)  OJ L 17, 22.1.2010, p. 43.

(5)  OJ C 168, 20.7.2006, p. 1.

(6)  OJ C 241, 20.9.2008, p. 1.

(7)  OJ C 319, 13.12.2008, p. 8.

(8)  OJ L 394, 30.12.2006, p. 5.

(9)  Texts adopted, P7_TA(2011)0101.

(10)  OJ C 372, 20.12.2011, p. 24.

(11)  OJ C 259 E, 29.10.2009, p. 9.

(12)  OJ L 375, 23.12.2004, p. 12.

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| 15.11.2013 | EN | Official Journal of the European Union | CE 332/22 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/22

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Tuesday 12 June 2012Critical information infrastructure protection: towards global cyber-security

P7_TA(2012)0237

European Parliament resolution of 12 June 2012 on critical information infrastructure protection – achievements and next steps: towards global cyber-security (2011/2284(INI))

2013/C 332 E/03

The European Parliament,

| — | having regard to its resolution of 5 May 2010 entitled ‘A new Digital Agenda for Europe: 2015.eu’ (1), |
| --- | --- |

—

having regard to its resolution of 5 May 2010 entitled ‘A new Digital Agenda for Europe: 2015.eu’ (1),

| — | having regard to its resolution of 15 June 2010 entitled ‘Internet governance: the next steps’ (2), |
| --- | --- |

—

having regard to its resolution of 15 June 2010 entitled ‘Internet governance: the next steps’ (2),

| — | having regard to its resolution of 6 July 2011 entitled ‘European broadband investing in digitally driven growth’ (3), |
| --- | --- |

—

having regard to its resolution of 6 July 2011 entitled ‘European broadband investing in digitally driven growth’ (3),

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0167/2012), |
| --- | --- |

—

having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0167/2012),

| A. | whereas information and communication technologies (ICTs) are able to deploy their full capacity for advancing the economy and society only if users have trust and confidence in their security and resilience, and if existing legislation on matters such as data privacy and intellectual property rights is enforced effectively in the internet environment; |
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A.

whereas information and communication technologies (ICTs) are able to deploy their full capacity for advancing the economy and society only if users have trust and confidence in their security and resilience, and if existing legislation on matters such as data privacy and intellectual property rights is enforced effectively in the internet environment;

| B. | whereas impact of the internet and ICT on various aspects of citizens‘ lives is increasing rapidly, and whereas they are crucial drivers for social interaction, cultural enrichment and economic growth; |
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B.

whereas impact of the internet and ICT on various aspects of citizens‘ lives is increasing rapidly, and whereas they are crucial drivers for social interaction, cultural enrichment and economic growth;

| C. | whereas ICT and internet security is a comprehensive concept with a global impact on economic, social, technological and military aspects, demanding a clear definition and differentiation of responsibilities as well as a robust international cooperation mechanism; |
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C.

whereas ICT and internet security is a comprehensive concept with a global impact on economic, social, technological and military aspects, demanding a clear definition and differentiation of responsibilities as well as a robust international cooperation mechanism;

| D. | whereas the aim of the EU Digital Agenda flagship is to boost Europe‘s competitiveness, based on strengthening ICT, and to create conditions for high and robust growth and technology-based jobs; |
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D.

whereas the aim of the EU Digital Agenda flagship is to boost Europe‘s competitiveness, based on strengthening ICT, and to create conditions for high and robust growth and technology-based jobs;

| E. | whereas the private sector remains the primary investor in, and owner and manager of, information security products, services, applications and infrastructure, with billions of euros invested over the last decade; whereas this involvement should be strengthened by appropriate policy strategies for promoting the resilience of public, private or public-privately owned or operated infrastructures; |
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E.

whereas the private sector remains the primary investor in, and owner and manager of, information security products, services, applications and infrastructure, with billions of euros invested over the last decade; whereas this involvement should be strengthened by appropriate policy strategies for promoting the resilience of public, private or public-privately owned or operated infrastructures;

| F. | whereas developing a high level of security and resilience in ICT networks, services and technologies should increase the competitiveness of the EU economy, both by improving cyber risk assessment and management and by providing the EU economy at large with more robust information infrastructures to support innovation and growth, creating new opportunities for enterprises to become more productive; |
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F.

whereas developing a high level of security and resilience in ICT networks, services and technologies should increase the competitiveness of the EU economy, both by improving cyber risk assessment and management and by providing the EU economy at large with more robust information infrastructures to support innovation and growth, creating new opportunities for enterprises to become more productive;

| G. | whereas available law enforcement data for cybercrimes (covering cyber-attacks, but also other types of online crime) suggest major increases in various European countries; whereas, however, statistically representative data concerning cyber attacks from both law enforcement and the CERT (computer emergency response team) community remains scarce and will need to be better aggregated in future, which will enable stronger responses from law enforcement across the EU and better informed legislative responses to ever-evolving cyber threats; |
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G.

whereas available law enforcement data for cybercrimes (covering cyber-attacks, but also other types of online crime) suggest major increases in various European countries; whereas, however, statistically representative data concerning cyber attacks from both law enforcement and the CERT (computer emergency response team) community remains scarce and will need to be better aggregated in future, which will enable stronger responses from law enforcement across the EU and better informed legislative responses to ever-evolving cyber threats;

| H. | whereas a proper level of information security is critical for robust expansion of internet based services; |
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H.

whereas a proper level of information security is critical for robust expansion of internet based services;

| I. | whereas recent cyber-incidents, disruptions and attacks against the information infrastructure of EU institutions, industry and Member States demonstrate the need to establish a robust, innovative and effective system of critical information infrastructure protection (CIIP), based on full international cooperation and minimum resilience standards among the Member States; |
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I.

whereas recent cyber-incidents, disruptions and attacks against the information infrastructure of EU institutions, industry and Member States demonstrate the need to establish a robust, innovative and effective system of critical information infrastructure protection (CIIP), based on full international cooperation and minimum resilience standards among the Member States;

| J. | whereas the rapid development of new avenues of ICT such as cloud computing require a strong focus on security in order to make it possible to fully reap the benefits of the technological achievements; |
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J.

whereas the rapid development of new avenues of ICT such as cloud computing require a strong focus on security in order to make it possible to fully reap the benefits of the technological achievements;

| K. | whereas the European Parliament has repeatedly insisted on applying high standards for data privacy and data protection, net neutrality and intellectual property rights protection; |
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K.

whereas the European Parliament has repeatedly insisted on applying high standards for data privacy and data protection, net neutrality and intellectual property rights protection;

Measures to reinforce CIIP at national and Union level

| 1. | Welcomes the Member States’ implementation of the European Programme for CIIP, including the setting-up of the Critical Infrastructure Warning Information Network (CIWIN); |
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1.

Welcomes the Member States’ implementation of the European Programme for CIIP, including the setting-up of the Critical Infrastructure Warning Information Network (CIWIN);

| 2. | Considers that the CIIP efforts will not only enhance the overall security of citizens but also improve citizens’ perception of security and their trust in measures adopted by government to protect them; |
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2.

Considers that the CIIP efforts will not only enhance the overall security of citizens but also improve citizens’ perception of security and their trust in measures adopted by government to protect them;

| 3. | Acknowledges that the Commission is considering revising Council Directive 2008/114/EC (4) and calls for evidence to be provided of the effectiveness and impact of the directive before further steps are taken; calls for consideration to be given to expanding its scope, notably by including the ICT sector and financial services; calls, furthermore, for consideration to be given to areas such as health, food and water supply systems, nuclear research and industry (where these are not covered by specific provisions); takes the view that these sectors should also benefit from the cross-sectoral approach adopted in CIWIN (consisting of cooperation, an alert system and the exchange of best practices); |
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3.

Acknowledges that the Commission is considering revising Council Directive 2008/114/EC (4) and calls for evidence to be provided of the effectiveness and impact of the directive before further steps are taken; calls for consideration to be given to expanding its scope, notably by including the ICT sector and financial services; calls, furthermore, for consideration to be given to areas such as health, food and water supply systems, nuclear research and industry (where these are not covered by specific provisions); takes the view that these sectors should also benefit from the cross-sectoral approach adopted in CIWIN (consisting of cooperation, an alert system and the exchange of best practices);

| 4. | Emphasises the importance of establishing and ensuring durable integration of European research to maintain and enhance European excellence in the area of CIIP; |
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4.

Emphasises the importance of establishing and ensuring durable integration of European research to maintain and enhance European excellence in the area of CIIP;

| 5. | Calls, in view of the inter-connected and highly interdependent, sensitive, strategic and vulnerable nature of national and European critical information infrastructures, for the regular updating of minimum resilience standards for preparedness and reaction against disruptions, incidents, destruction attempts or attacks, such as those resulting from insufficiently robust infrastructure or insufficiently secured end-terminals; |
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5.

Calls, in view of the inter-connected and highly interdependent, sensitive, strategic and vulnerable nature of national and European critical information infrastructures, for the regular updating of minimum resilience standards for preparedness and reaction against disruptions, incidents, destruction attempts or attacks, such as those resulting from insufficiently robust infrastructure or insufficiently secured end-terminals;

| 6. | Emphasises the importance of information security standards and protocols and welcomes the 2011 mandating of CEN, Cenelec and ETSI to establish security standards; |
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6.

Emphasises the importance of information security standards and protocols and welcomes the 2011 mandating of CEN, Cenelec and ETSI to establish security standards;

| 7. | Expects owners and operators of critical information infrastructure to enable and, if necessary, assist users to utilise appropriate means for protecting themselves from malicious attacks and/or disruptions, through both human and automated supervision, where needed; |
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7.

Expects owners and operators of critical information infrastructure to enable and, if necessary, assist users to utilise appropriate means for protecting themselves from malicious attacks and/or disruptions, through both human and automated supervision, where needed;

| 8. | Supports cooperation between public and private stakeholders at Union level, and encourages their efforts to develop and implement standards for security and resilience for civilian (whether public, private or public-private) national and European critical information infrastructure; |
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8.

Supports cooperation between public and private stakeholders at Union level, and encourages their efforts to develop and implement standards for security and resilience for civilian (whether public, private or public-private) national and European critical information infrastructure;

| 9. | Emphasises the importance of pan-European exercises in preparation for large-scale network security incidents, and the definition of a single set of standards for threat assessment; |
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9.

Emphasises the importance of pan-European exercises in preparation for large-scale network security incidents, and the definition of a single set of standards for threat assessment;

| 10. | Calls on the Commission, in cooperation with the Member States, to assess the implementation of the CIIP action plan; urges the Member States to establish well-functioning national/governmental CERTs, develop national cyber security strategies, organise regular national and pan-European cyber incident exercises, develop national cyber incident contingency plans and contribute to the development of a European cyber incident contingency plan by the end of 2012; |
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10.

Calls on the Commission, in cooperation with the Member States, to assess the implementation of the CIIP action plan; urges the Member States to establish well-functioning national/governmental CERTs, develop national cyber security strategies, organise regular national and pan-European cyber incident exercises, develop national cyber incident contingency plans and contribute to the development of a European cyber incident contingency plan by the end of 2012;

| 11. | Recommends that operator security plans or equivalent measures be put in place for all European critical information infrastructures, and that security liaison officers be appointed; |
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11.

Recommends that operator security plans or equivalent measures be put in place for all European critical information infrastructures, and that security liaison officers be appointed;

| 12. | Welcomes the current review of Council Framework Decision 2005/222/JHA (5) on attacks against information systems; notes the need to coordinate EU efforts in countering large-scale cyber-attacks by including ENISA, Member State CERTs and the future European CERT‘s competences; |
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12.

Welcomes the current review of Council Framework Decision 2005/222/JHA (5) on attacks against information systems; notes the need to coordinate EU efforts in countering large-scale cyber-attacks by including ENISA, Member State CERTs and the future European CERT‘s competences;

| 13. | Considers that ENISA can play a key role at European level in the protection of critical information infrastructure by providing technical expertise to Member States and European Union institutions and bodies, as well as through reports and analyses concerning information system security at European and global level; |
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13.

Considers that ENISA can play a key role at European level in the protection of critical information infrastructure by providing technical expertise to Member States and European Union institutions and bodies, as well as through reports and analyses concerning information system security at European and global level;

Further EU activities for robust internet security

| 14. | Urges ENISA to coordinate and implement annual EU Internet Security Awareness Months, so that issues relating to cyber-security become a special focus for the Member States and EU citizens; |
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14.

Urges ENISA to coordinate and implement annual EU Internet Security Awareness Months, so that issues relating to cyber-security become a special focus for the Member States and EU citizens;

| 15. | Supports ENISA, in line with the Digital Agenda goals, in exercising its duties with regard to network information security, and in particular by providing guidance and advising Member States on how to meet baseline capabilities for their CERTs, as well as supporting the exchange of best practices by developing an environment of trust; calls on the agency to consult relevant stakeholders with a view to defining similar cyber-security measures for owners and operators of private networks and infrastructure, as well as to assist the Commission and Member States in contributing to the development and uptake of information security certification schemes, norms of behaviour and cooperation practices among national and European CERTs and owners and operators of infrastructure as and where needed through the definition of technologically neutral common minimum requirements; |
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15.

Supports ENISA, in line with the Digital Agenda goals, in exercising its duties with regard to network information security, and in particular by providing guidance and advising Member States on how to meet baseline capabilities for their CERTs, as well as supporting the exchange of best practices by developing an environment of trust; calls on the agency to consult relevant stakeholders with a view to defining similar cyber-security measures for owners and operators of private networks and infrastructure, as well as to assist the Commission and Member States in contributing to the development and uptake of information security certification schemes, norms of behaviour and cooperation practices among national and European CERTs and owners and operators of infrastructure as and where needed through the definition of technologically neutral common minimum requirements;

| 16. | Welcomes the current proposal for review of ENISA‘s mandate, in particular its extension, and for the expansion of the tasks of the agency; believes that, along with its assistance to Member States by providing expertise and analysis, ENISA should be entitled to manage a number of executive tasks at EU level, and, in cooperation with US counterparts, tasks related to the prevention and detection of network and information security incidents and enhancing cooperation among the Member States; points out that, under the ENISA Regulation, the agency might also be assigned additional responsibilities related to the response to internet attacks, to the extent that it clearly adds value to existing national response mechanisms; |
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16.

Welcomes the current proposal for review of ENISA‘s mandate, in particular its extension, and for the expansion of the tasks of the agency; believes that, along with its assistance to Member States by providing expertise and analysis, ENISA should be entitled to manage a number of executive tasks at EU level, and, in cooperation with US counterparts, tasks related to the prevention and detection of network and information security incidents and enhancing cooperation among the Member States; points out that, under the ENISA Regulation, the agency might also be assigned additional responsibilities related to the response to internet attacks, to the extent that it clearly adds value to existing national response mechanisms;

| 17. | Welcomes the results of the 2010 and 2011 pan-European cyber security exercises conducted across the Union and monitored by ENISA, whose goal was to assist Member States in designing, maintaining and testing a pan-European contingency plan; calls on ENISA to keep such exercises on its agenda and progressively involve relevant private operators as appropriate in order to increase Europe‘s overall internet security capacities; looks forward to a further international expansion with like-minded partners; |
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17.

Welcomes the results of the 2010 and 2011 pan-European cyber security exercises conducted across the Union and monitored by ENISA, whose goal was to assist Member States in designing, maintaining and testing a pan-European contingency plan; calls on ENISA to keep such exercises on its agenda and progressively involve relevant private operators as appropriate in order to increase Europe‘s overall internet security capacities; looks forward to a further international expansion with like-minded partners;

| 18. | Calls on the Member States to set up national cyber incident contingency plans and to include key elements such as relevant contact points, provisions of assistance, containment and repair in the event of cyber disruptions or attacks with regional, national or cross-border relevance; notes that the Member States should also put in place appropriate coordinating mechanisms and structures at national level, which would help to ensure better coordination among competent national authorities and make their actions more coherent; |
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18.

Calls on the Member States to set up national cyber incident contingency plans and to include key elements such as relevant contact points, provisions of assistance, containment and repair in the event of cyber disruptions or attacks with regional, national or cross-border relevance; notes that the Member States should also put in place appropriate coordinating mechanisms and structures at national level, which would help to ensure better coordination among competent national authorities and make their actions more coherent;

| 19. | Suggests that the Commission propose binding measures via the EU cyber incident contingency plan for better coordination at EU level of the technical and steering functions of the national and governmental CERTs; |
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19.

Suggests that the Commission propose binding measures via the EU cyber incident contingency plan for better coordination at EU level of the technical and steering functions of the national and governmental CERTs;

| 20. | Calls on the Commission and the Member States to take the necessary measures in order to protect critical infrastructure from cyber attacks and to provide ways of hermetically cutting off access to a critical infrastructure if a direct cyber attack poses a severe threat to its proper functioning; |
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20.

Calls on the Commission and the Member States to take the necessary measures in order to protect critical infrastructure from cyber attacks and to provide ways of hermetically cutting off access to a critical infrastructure if a direct cyber attack poses a severe threat to its proper functioning;

| 21. | Looks forward for the full implementation of CERT-EU, which will be a key factor in the prevention, detection, response and recovery from intentional and malicious cyber-attacks targeting the EU institutions; |
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21.

Looks forward for the full implementation of CERT-EU, which will be a key factor in the prevention, detection, response and recovery from intentional and malicious cyber-attacks targeting the EU institutions;

| 22. | Recommends that the Commission propose binding measures designed to impose minimum standards on security and resilience and improve coordination among national CERTs; |
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22.

Recommends that the Commission propose binding measures designed to impose minimum standards on security and resilience and improve coordination among national CERTs;

| 23. | Calls on the Member States and the EU institutions to assure the existence of well-functioning CERTs, featuring minimum security and resilience capabilities based on agreed best practices; points out that national CERTs should be part of an effective network in which relevant information is exchanged in accordance with the necessary standards of confidentiality; calls for the establishment of a 24/7 continuity of CIIP service for each Member State, as well as the setting-up of a common European emergency protocol to be applicable between the national contact points; |
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23.

Calls on the Member States and the EU institutions to assure the existence of well-functioning CERTs, featuring minimum security and resilience capabilities based on agreed best practices; points out that national CERTs should be part of an effective network in which relevant information is exchanged in accordance with the necessary standards of confidentiality; calls for the establishment of a 24/7 continuity of CIIP service for each Member State, as well as the setting-up of a common European emergency protocol to be applicable between the national contact points;

| 24. | Emphasises that building trust and promoting cooperation between Member States is crucial for protecting data and national networks and infrastructures; calls on the Commission to suggest a common procedure for identification and designation of a common approach to tackle cross-border ICT threats, with the Member States being expected to provide the Commission with generic information concerning the risks and threats to, and the vulnerabilities of, their critical information infrastructure; |
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24.

Emphasises that building trust and promoting cooperation between Member States is crucial for protecting data and national networks and infrastructures; calls on the Commission to suggest a common procedure for identification and designation of a common approach to tackle cross-border ICT threats, with the Member States being expected to provide the Commission with generic information concerning the risks and threats to, and the vulnerabilities of, their critical information infrastructure;

| 25. | Welcomes the Commission’s initiative of developing a European Information Sharing and Alert System by 2013; |
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25.

Welcomes the Commission’s initiative of developing a European Information Sharing and Alert System by 2013;

| 26. | Welcomes the various stakeholder consultations on internet security and CIIP initiated by the Commission, such as the European Public-Private Partnership for Resilience; acknowledges the already significant involvement and commitment of ICT vendors in such efforts, encourages the Commission to make further efforts to encourage academia and ICT users‘ associations to play a more active role and to foster constructive, multi-stakeholder dialogue on cyber-security issues; supports further development of the Digital Assembly as a framework for CIIP governance; |
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26.

Welcomes the various stakeholder consultations on internet security and CIIP initiated by the Commission, such as the European Public-Private Partnership for Resilience; acknowledges the already significant involvement and commitment of ICT vendors in such efforts, encourages the Commission to make further efforts to encourage academia and ICT users‘ associations to play a more active role and to foster constructive, multi-stakeholder dialogue on cyber-security issues; supports further development of the Digital Assembly as a framework for CIIP governance;

| 27. | Welcomes the work accomplished so far by the European Forum of Member States in terms of setting sector-specific criteria to identify European critical infrastructures with a focus on fixed and mobile communications, as well as discussing the EU principles and guidelines for the resilience and stability of the internet; looks forward to continued consensus-building among the Member States, and in this context encourages the Forum to complement the current approach focused on physical assets with efforts to also encompass logical infrastructure assets which, as virtualisation and cloud technologies develop, will become increasingly relevant to the effectiveness of CIIP; |
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27.

Welcomes the work accomplished so far by the European Forum of Member States in terms of setting sector-specific criteria to identify European critical infrastructures with a focus on fixed and mobile communications, as well as discussing the EU principles and guidelines for the resilience and stability of the internet; looks forward to continued consensus-building among the Member States, and in this context encourages the Forum to complement the current approach focused on physical assets with efforts to also encompass logical infrastructure assets which, as virtualisation and cloud technologies develop, will become increasingly relevant to the effectiveness of CIIP;

| 28. | Suggests that the Commission launch a public pan-European education initiative, geared towards educating and raising awareness among both private and business end-users about potential threats on the internet and fixed and mobile ICT devices at every level of the utility chain and towards promoting safer individual online behaviours; recalls, in this regard, the risks associated with outdated IT equipment and software; |
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28.

Suggests that the Commission launch a public pan-European education initiative, geared towards educating and raising awareness among both private and business end-users about potential threats on the internet and fixed and mobile ICT devices at every level of the utility chain and towards promoting safer individual online behaviours; recalls, in this regard, the risks associated with outdated IT equipment and software;

| 29. | Calls on the Member States, with support from the Commission, to strengthen the information security training and education programmes aimed at the national law enforcement and judicial authorities and the relevant EU agencies; |
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29.

Calls on the Member States, with support from the Commission, to strengthen the information security training and education programmes aimed at the national law enforcement and judicial authorities and the relevant EU agencies;

| 30. | Supports the creation of an EU curriculum for academic experts in the field of information security, as this would have a positive impact on the expertise and preparedness of the EU with regard to the constantly evolving cyberspace and the threats to it; |
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30.

Supports the creation of an EU curriculum for academic experts in the field of information security, as this would have a positive impact on the expertise and preparedness of the EU with regard to the constantly evolving cyberspace and the threats to it;

| 31. | Advocates promoting cyber-security education (PhD student internships, university courses, workshops, training for students, etc.) and specialised training exercises in CIIP; |
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31.

Advocates promoting cyber-security education (PhD student internships, university courses, workshops, training for students, etc.) and specialised training exercises in CIIP;

| 32. | Calls on the Commission to propose, by the end of 2012, a comprehensive internet security strategy for the Union, based on clear terminology; takes the view that the internet security strategy should aim at creating a cyberspace (supported by a secure and resilient infrastructure and open standards) which is conducive to innovation and prosperity through the free flow of information, while ensuring robust protection of privacy and other civil liberties; maintains that the strategy should detail the principles, goals, methods, instruments and policies (both internal and external) necessary in order to streamline national and EU efforts, and to establish minimum resilience standards among the Member States to ensure a safe, continuous, robust and resilient service, whether in connection with critical infrastructure or general internet use; |
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32.

Calls on the Commission to propose, by the end of 2012, a comprehensive internet security strategy for the Union, based on clear terminology; takes the view that the internet security strategy should aim at creating a cyberspace (supported by a secure and resilient infrastructure and open standards) which is conducive to innovation and prosperity through the free flow of information, while ensuring robust protection of privacy and other civil liberties; maintains that the strategy should detail the principles, goals, methods, instruments and policies (both internal and external) necessary in order to streamline national and EU efforts, and to establish minimum resilience standards among the Member States to ensure a safe, continuous, robust and resilient service, whether in connection with critical infrastructure or general internet use;

| 33. | Emphasises that the Commission’s upcoming internet security strategy should take the work on CIIP as a central point of reference and aim for a holistic and systematic approach towards cyber security by including both proactive measures, such as the introduction of minimum standards for security measures or the education of individual users, businesses and public institutions, and reactive measures, such as criminal-law, civil-law and administrative sanctions; |
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33.

Emphasises that the Commission’s upcoming internet security strategy should take the work on CIIP as a central point of reference and aim for a holistic and systematic approach towards cyber security by including both proactive measures, such as the introduction of minimum standards for security measures or the education of individual users, businesses and public institutions, and reactive measures, such as criminal-law, civil-law and administrative sanctions;

| 34. | Urges the Commission to propose a robust mechanism to coordinate the implementation and regular updating of the internet security strategy; takes the view that this mechanism should be supported by sufficient administrative, expert and financial resources and that its remit should include facilitating the establishment of EU positions in relations with both internal and international stakeholders on internet security related issues; |
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34.

Urges the Commission to propose a robust mechanism to coordinate the implementation and regular updating of the internet security strategy; takes the view that this mechanism should be supported by sufficient administrative, expert and financial resources and that its remit should include facilitating the establishment of EU positions in relations with both internal and international stakeholders on internet security related issues;

| 35. | Calls on the Commission to propose an EU framework for the notification of security breaches in critical sectors such as energy, transport, water and food supply, as well as in the ICT and financial services sectors, to ensure that relevant Member State authorities and users are notified of cyber incidents, attacks or disruptions; |
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35.

Calls on the Commission to propose an EU framework for the notification of security breaches in critical sectors such as energy, transport, water and food supply, as well as in the ICT and financial services sectors, to ensure that relevant Member State authorities and users are notified of cyber incidents, attacks or disruptions;

| 36. | Urges the Commission to improve the availability of statistically representative data on the costs of cyber attacks in the EU, the Member States and industry (in particular the financial services and ICT sectors) by enhancing the data-gathering capabilities of the planned European Cybercrime Centre (due to be set up by 2013), the CERTs and other Commission initiatives such as the European Information Sharing and Alert System, so as to ensure systematic reporting and sharing of data on cyber-attacks and other forms of cybercrime afflicting European industry and Member States, and to strengthen law enforcement; |
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36.

Urges the Commission to improve the availability of statistically representative data on the costs of cyber attacks in the EU, the Member States and industry (in particular the financial services and ICT sectors) by enhancing the data-gathering capabilities of the planned European Cybercrime Centre (due to be set up by 2013), the CERTs and other Commission initiatives such as the European Information Sharing and Alert System, so as to ensure systematic reporting and sharing of data on cyber-attacks and other forms of cybercrime afflicting European industry and Member States, and to strengthen law enforcement;

| 37. | Advocates a close relationship and interaction between national private sectors and ENISA to interface the National/Governmental CERTs with the development of the European Information Sharing and Alert System (EISAS); |
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37.

Advocates a close relationship and interaction between national private sectors and ENISA to interface the National/Governmental CERTs with the development of the European Information Sharing and Alert System (EISAS);

| 38. | Points out that the primary driving force behind the development and use of technologies designed to increase internet security is the ICT industry; recalls that EU policies must avoid impeding the growth of the European internet economy and include the necessary incentives in order to exploit the potential of business and public-private partnerships to the full; recommends the investigation of further incentives for the industry to develop more robust operator security plans in line with Directive 2008/114/EC; |
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38.

Points out that the primary driving force behind the development and use of technologies designed to increase internet security is the ICT industry; recalls that EU policies must avoid impeding the growth of the European internet economy and include the necessary incentives in order to exploit the potential of business and public-private partnerships to the full; recommends the investigation of further incentives for the industry to develop more robust operator security plans in line with Directive 2008/114/EC;

| 39. | Calls on the Commission to present a legislative proposal for further criminalising cyber attacks (i.e. spear-phishing, online fraud, etc.); |
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39.

Calls on the Commission to present a legislative proposal for further criminalising cyber attacks (i.e. spear-phishing, online fraud, etc.);

International Cooperation

| 40. | Recalls that international cooperation is the core instrument for introducing effective cyber-security measures; recognises that, at present, the EU is not actively involved on an ongoing basis in international cooperation processes and dialogues relating to cyber-security; calls on the Commission and the European External Action Service (EEAS) to start a constructive dialogue with all like-minded countries with a view to developing a common understanding and policies with the aim of increasing the resilience of the internet and of critical infrastructure; maintains that, at the same time, the EU should, on a permanent basis, include internet security issues in the scope of its external relations, inter alia when designing various financing instruments or when committing to international agreements which involve the exchange and storage of sensitive data; |
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40.

Recalls that international cooperation is the core instrument for introducing effective cyber-security measures; recognises that, at present, the EU is not actively involved on an ongoing basis in international cooperation processes and dialogues relating to cyber-security; calls on the Commission and the European External Action Service (EEAS) to start a constructive dialogue with all like-minded countries with a view to developing a common understanding and policies with the aim of increasing the resilience of the internet and of critical infrastructure; maintains that, at the same time, the EU should, on a permanent basis, include internet security issues in the scope of its external relations, inter alia when designing various financing instruments or when committing to international agreements which involve the exchange and storage of sensitive data;

| 41. | Takes note of the positive achievements of the 2001 Council of Europe Budapest Convention on cybercrime; points out, however, that while encouraging more countries to sign and ratify the Convention, the EEAS should also build bilateral and multilateral agreements on internet security and resilience with like-minded international partners; |
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41.

Takes note of the positive achievements of the 2001 Council of Europe Budapest Convention on cybercrime; points out, however, that while encouraging more countries to sign and ratify the Convention, the EEAS should also build bilateral and multilateral agreements on internet security and resilience with like-minded international partners;

| 42. | Points out that the vast number of ongoing activities performed by various international and EU institutions, bodies and agencies as well as Member States requires coordination in order to avoid duplication, for which purpose it is worth considering designating an official responsible for coordination, possibly through the appointment of an EU cyber-security coordinator; |
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42.

Points out that the vast number of ongoing activities performed by various international and EU institutions, bodies and agencies as well as Member States requires coordination in order to avoid duplication, for which purpose it is worth considering designating an official responsible for coordination, possibly through the appointment of an EU cyber-security coordinator;

| 43. | Emphasises that a structured dialogue between the main CIIP players and legislators in the EU and the US is particularly important with a view to establishing a common understanding and common interpretations and positions regarding legal and governance frameworks; |
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43.

Emphasises that a structured dialogue between the main CIIP players and legislators in the EU and the US is particularly important with a view to establishing a common understanding and common interpretations and positions regarding legal and governance frameworks;

| 44. | Welcomes the creation, at the November 2010 EU-US Summit, of the EU-US Working Group on Cyber-security and Cyber-crime, and supports its efforts to include internet security issues in the transatlantic policy dialogue; welcomes the joint establishment, by the Commission and the US Government, under the umbrella of the EU-US Working Group, of a common programme and a roadmap towards joint/synchronised trans-continental cyber-exercises in 2012/2013; |
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44.

Welcomes the creation, at the November 2010 EU-US Summit, of the EU-US Working Group on Cyber-security and Cyber-crime, and supports its efforts to include internet security issues in the transatlantic policy dialogue; welcomes the joint establishment, by the Commission and the US Government, under the umbrella of the EU-US Working Group, of a common programme and a roadmap towards joint/synchronised trans-continental cyber-exercises in 2012/2013;

| 45. | Suggests establishing a structured dialogue between EU and US legislators in order to discuss internet-related issues as part of a search for common understanding, interpretation and positions; |
| --- | --- |

45.

Suggests establishing a structured dialogue between EU and US legislators in order to discuss internet-related issues as part of a search for common understanding, interpretation and positions;

| 46. | Urges the EEAS and the Commission, on the basis of the work done by the European Forum of Member States, to secure an active position within the relevant international forums, inter alia by coordinating the positions of the Member States with a view to promoting the EU’s core values, goals and policies in the field of internet security and resilience; notes that such forums include NATO, the UN (in particular through the International Telecommunication Union and the Internet Governance Forum), the Internet Corporation for Assigned Names and Numbers, the Internet Assigned Numbers Authority, the OSCE, the OECD and the World Bank; |
| --- | --- |

46.

Urges the EEAS and the Commission, on the basis of the work done by the European Forum of Member States, to secure an active position within the relevant international forums, inter alia by coordinating the positions of the Member States with a view to promoting the EU’s core values, goals and policies in the field of internet security and resilience; notes that such forums include NATO, the UN (in particular through the International Telecommunication Union and the Internet Governance Forum), the Internet Corporation for Assigned Names and Numbers, the Internet Assigned Numbers Authority, the OSCE, the OECD and the World Bank;

| 47. | Encourages the Commission and ENISA to participate in the main stakeholder dialogues to define technical and legal norms in cyberspace at an international level; |
| --- | --- |

47.

Encourages the Commission and ENISA to participate in the main stakeholder dialogues to define technical and legal norms in cyberspace at an international level;

*

* *

| 48. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

48.

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

---

(1)  OJ C 81 E, 15.3.2011, p. 45.

(2)  OJ C 236 E, 12.8.2011, p. 33.

(3)  Texts adopted, P7_TA(2011)0322.

(4)  OJ L 345, 23.12.2008, p. 75.

(5)  OJ L 69, 16.3.2005, p. 67.

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/28 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/28

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Tuesday 12 June 2012Energy policy cooperation with partners beyond our borders

P7_TA(2012)0238

European Parliament resolution of 12 June 2012 on Engaging in energy policy cooperation with partners beyond our borders: A strategic approach to secure, sustainable and competitive energy supply (2012/2029(INI))

2013/C 332 E/04

The European Parliament,

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on security of energy supply and international cooperation: ‘The EU Energy Policy: Engaging with Partners beyond our Borders’ (COM(2011)0539), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on security of energy supply and international cooperation: ‘The EU Energy Policy: Engaging with Partners beyond our Borders’ (COM(2011)0539),

| — | having regard to the Commission proposal for a decision of the European Parliament and the Council setting up an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy (COM(2011)0540), |
| --- | --- |

—

having regard to the Commission proposal for a decision of the European Parliament and the Council setting up an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy (COM(2011)0540),

| — | having regard to the Council conclusions of 24 November 2011 on security of energy supply and international cooperation – ‘The EU Energy Policy: Engaging with Partners beyond our Borders’, |
| --- | --- |

—

having regard to the Council conclusions of 24 November 2011 on security of energy supply and international cooperation – ‘The EU Energy Policy: Engaging with Partners beyond our Borders’,

| — | having regard to its resolution of 25 November 2010 entitled ‘Towards a new Energy Strategy for Europe 2011-2020’ (1), |
| --- | --- |

—

having regard to its resolution of 25 November 2010 entitled ‘Towards a new Energy Strategy for Europe 2011-2020’ (1),

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Foreign Affairs, the Committee on Development and the Committee on International Trade (A7-0168/2012), |
| --- | --- |

—

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 Development and the Committee on International Trade (A7-0168/2012),

| A. | whereas the current common global energy challenges and implementation of the EU’s ambitious energy and climate change objectives require common, effective and equitable action by the European Union on the international stage, in particular by strengthening the external dimension of its energy policy and taking a unified stance in order to increase diversification of energy sources and routes, enhance security of supply and support sustainable production and consumption; |
| --- | --- |

A.

whereas the current common global energy challenges and implementation of the EU’s ambitious energy and climate change objectives require common, effective and equitable action by the European Union on the international stage, in particular by strengthening the external dimension of its energy policy and taking a unified stance in order to increase diversification of energy sources and routes, enhance security of supply and support sustainable production and consumption;

| B. | whereas with current trends global population is expected to reach nine billion by 2050, global energy demand will increase by 40 % by 2030, mainly in non-OECD countries, and global competition for fossil fuel resources from emerging economies will intensify; |
| --- | --- |

B.

whereas with current trends global population is expected to reach nine billion by 2050, global energy demand will increase by 40 % by 2030, mainly in non-OECD countries, and global competition for fossil fuel resources from emerging economies will intensify;

| C. | whereas the EU’s dependence on energy imports is likely to increase over the next decade as its fossil fuel resources are depleted, despite increasing input from renewables, energy efficiency and research on energy technologies; |
| --- | --- |

C.

whereas the EU’s dependence on energy imports is likely to increase over the next decade as its fossil fuel resources are depleted, despite increasing input from renewables, energy efficiency and research on energy technologies;

| D. | whereas energy efficiency is key to reducing the EU’s reliance on foreign energy and increasing its geopolitical independence and energy security, as the EU is spending more than EUR 400 billion a year on energy imports; whereas achieving the minimum 20 % energy savings target will not only enhance our energy security but also reduce by at least EUR 50 billion a year the wealth transfer from EU economies to energy-producing countries; |
| --- | --- |

D.

whereas energy efficiency is key to reducing the EU’s reliance on foreign energy and increasing its geopolitical independence and energy security, as the EU is spending more than EUR 400 billion a year on energy imports; whereas achieving the minimum 20 % energy savings target will not only enhance our energy security but also reduce by at least EUR 50 billion a year the wealth transfer from EU economies to energy-producing countries;

| E. | whereas it is important for the EU to give priority to securing and developing internal fossil fuel sources, especially the significant reserves recently discovered in the Mediterranean Sea, which would reduce European dependence on energy imports; whereas there are substantial opportunities for co-development and co-exploitation of fossil fuel sources with countries neighbouring the EU; |
| --- | --- |

E.

whereas it is important for the EU to give priority to securing and developing internal fossil fuel sources, especially the significant reserves recently discovered in the Mediterranean Sea, which would reduce European dependence on energy imports; whereas there are substantial opportunities for co-development and co-exploitation of fossil fuel sources with countries neighbouring the EU;

| F. | whereas the EU today, as a digital economy and society, is far more dependent on a continuous and reliable supply of electricity than it has ever been; |
| --- | --- |

F.

whereas the EU today, as a digital economy and society, is far more dependent on a continuous and reliable supply of electricity than it has ever been;

| G. | whereas the EU is already a major importer of fossil fuels and is becoming increasingly dependent on imports and vulnerable to external suppliers and transit countries; whereas, on the other hand, this gives the EU considerable power as a major purchaser on global energy markets; |
| --- | --- |

G.

whereas the EU is already a major importer of fossil fuels and is becoming increasingly dependent on imports and vulnerable to external suppliers and transit countries; whereas, on the other hand, this gives the EU considerable power as a major purchaser on global energy markets;

| H. | whereas population increase and rising living standards could push global energy demand up by 40 % by 2030; whereas the EU’s high and increasing import dependence calls for policies that reflect and address these potential developments; |
| --- | --- |

H.

whereas population increase and rising living standards could push global energy demand up by 40 % by 2030; whereas the EU’s high and increasing import dependence calls for policies that reflect and address these potential developments;

| I. | whereas a common external energy policy, based on solidarity, diversification and strategic cooperation, including with the major energy-consuming countries, as well as on the promotion of indigenous renewable energy sources, would create synergies helping to ensure security of supply for the European Union and enhance the EU’s capacity for foreign policy action and its credibility as a global actor, including in the field of climate change; |
| --- | --- |

I.

whereas a common external energy policy, based on solidarity, diversification and strategic cooperation, including with the major energy-consuming countries, as well as on the promotion of indigenous renewable energy sources, would create synergies helping to ensure security of supply for the European Union and enhance the EU’s capacity for foreign policy action and its credibility as a global actor, including in the field of climate change;

| J. | whereas companies from third countries benefit from the opening of the EU energy market, but whereas opaque trading and hostile takeover moves by such companies represent a threat which requires the strict application of EU competition rules and other relevant legislation in order to ensure a properly functioning internal market with diversified energy supply and prevent future crude oil and gas supply disruption and crises; |
| --- | --- |

J.

whereas companies from third countries benefit from the opening of the EU energy market, but whereas opaque trading and hostile takeover moves by such companies represent a threat which requires the strict application of EU competition rules and other relevant legislation in order to ensure a properly functioning internal market with diversified energy supply and prevent future crude oil and gas supply disruption and crises;

| K. | whereas Member States are becoming increasingly interconnected and whereas efforts to ensure security of supply exclusively at national level have therefore proved to be insufficient and unable to safeguard the long-term interests of all Member States; |
| --- | --- |

K.

whereas Member States are becoming increasingly interconnected and whereas efforts to ensure security of supply exclusively at national level have therefore proved to be insufficient and unable to safeguard the long-term interests of all Member States;

| L. | whereas although the need for energy infrastructure development has been largely recognised by the EU the necessary investment is still lacking; |
| --- | --- |

L.

whereas although the need for energy infrastructure development has been largely recognised by the EU the necessary investment is still lacking;

| M. | whereas only a fully integrated European energy market functioning on the principle of solidarity can sufficiently address the challenges of security of energy supply stemming from the differences in composition and share of energy imports in the various Member States; |
| --- | --- |

M.

whereas only a fully integrated European energy market functioning on the principle of solidarity can sufficiently address the challenges of security of energy supply stemming from the differences in composition and share of energy imports in the various Member States;

| N. | whereas ensuring consistency and coherence in the EU’s external energy relations with key producer, transit and consumer countries is of critical importance, and whereas strategic and political coordination among Member States in negotiations with powerful energy suppliers in third countries is essential; |
| --- | --- |

N.

whereas ensuring consistency and coherence in the EU’s external energy relations with key producer, transit and consumer countries is of critical importance, and whereas strategic and political coordination among Member States in negotiations with powerful energy suppliers in third countries is essential;

| O. | whereas relations in the field of energy require predictability, stability and long-term investment; |
| --- | --- |

O.

whereas relations in the field of energy require predictability, stability and long-term investment;

| P. | whereas the challenge of energy security is to alleviate uncertainties that give rise to tensions between countries and to reduce market inefficiencies that counteract the benefits of trade, both for suppliers and consumers; |
| --- | --- |

P.

whereas the challenge of energy security is to alleviate uncertainties that give rise to tensions between countries and to reduce market inefficiencies that counteract the benefits of trade, both for suppliers and consumers;

| Q. | whereas the Arctic region contains an estimated one-third of the mean estimate of the world’s undiscovered gas and 13 % of undiscovered oil; |
| --- | --- |

Q.

whereas the Arctic region contains an estimated one-third of the mean estimate of the world’s undiscovered gas and 13 % of undiscovered oil;

Internal energy market – better coordination at EU level

| 1. | Stresses the need to ensure that cross-border energy infrastructure within the Union is fully developed; stresses, too, the need for strong coordination between Member States’ policies and for joint action and solidarity in the field of external energy policy and energy security, recognising the importance of transparency and full implementation of the internal energy market, in line with the EU’s long-term energy and climate change objectives; |
| --- | --- |

1.

Stresses the need to ensure that cross-border energy infrastructure within the Union is fully developed; stresses, too, the need for strong coordination between Member States’ policies and for joint action and solidarity in the field of external energy policy and energy security, recognising the importance of transparency and full implementation of the internal energy market, in line with the EU’s long-term energy and climate change objectives;

| 2. | Considers that energy policy must be an integrated and prominent part of the common foreign policy and should be elaborated and implemented in synergy with other policies that have an external dimension; |
| --- | --- |

2.

Considers that energy policy must be an integrated and prominent part of the common foreign policy and should be elaborated and implemented in synergy with other policies that have an external dimension;

| 3. | Stresses that, taking into account both current economic conditions and the aim of achieving a truly single EU energy market, the EU should give priority to investments in energy infrastructure which allow for a gradual increase in capacities at marginal investment costs, allowing the single market to benefit from the optimised use of energy infrastructure while ensuring and promoting security of supply, competitiveness and sustainability in a cost-effective way; |
| --- | --- |

3.

Stresses that, taking into account both current economic conditions and the aim of achieving a truly single EU energy market, the EU should give priority to investments in energy infrastructure which allow for a gradual increase in capacities at marginal investment costs, allowing the single market to benefit from the optimised use of energy infrastructure while ensuring and promoting security of supply, competitiveness and sustainability in a cost-effective way;

| 4. | Recalls Parliament’s request that plans be prepared for a European Energy Community involving strong cooperation on energy networks and European funding of new energy technologies in order to overcome the fragmentation of European energy policy and give the Union a strong international voice in its energy relations; |
| --- | --- |

4.

Recalls Parliament’s request that plans be prepared for a European Energy Community involving strong cooperation on energy networks and European funding of new energy technologies in order to overcome the fragmentation of European energy policy and give the Union a strong international voice in its energy relations;

| 5. | Urges the Commission to bring forward a proposal to establish an Energy Observatory with the objectives of improving intelligence on energy import markets and enhancing analysis of export markets; |
| --- | --- |

5.

Urges the Commission to bring forward a proposal to establish an Energy Observatory with the objectives of improving intelligence on energy import markets and enhancing analysis of export markets;

| 6. | Believes that a fully functioning, interconnected and integrated European internal energy market can significantly enhance supply security even in the short term and that it is an essential element for a successful European external energy policy; believes, too, that the European energy regulatory framework is key to the process of building the internal energy market and should be promoted in partner countries by raising awareness of its purpose, advantages and benefits; the overall goal being to ensure that the EU’s external energy policy and the Member States’ bilateral agreements fully comply with EU legislation; |
| --- | --- |

6.

Believes that a fully functioning, interconnected and integrated European internal energy market can significantly enhance supply security even in the short term and that it is an essential element for a successful European external energy policy; believes, too, that the European energy regulatory framework is key to the process of building the internal energy market and should be promoted in partner countries by raising awareness of its purpose, advantages and benefits; the overall goal being to ensure that the EU’s external energy policy and the Member States’ bilateral agreements fully comply with EU legislation;

| 7. | Stresses that the Commission and the EEAS must ensure that all the EU’s multilateral and bilateral agreements, especially partnership and cooperation agreements, fully comply with EU internal market rules; stresses that such agreements should ensure reciprocity, a level playing field and transparency in order to provide a secure legal environment for EU investors in energy supply countries and transit countries; |
| --- | --- |

7.

Stresses that the Commission and the EEAS must ensure that all the EU’s multilateral and bilateral agreements, especially partnership and cooperation agreements, fully comply with EU internal market rules; stresses that such agreements should ensure reciprocity, a level playing field and transparency in order to provide a secure legal environment for EU investors in energy supply countries and transit countries;

| 8. | Calls on the EU and the Member States to ensure a connected internal energy market that can withstand external pressures and attempts to use energy supply and prices as a tool of foreign policy pressure; stresses, therefore, the need to increase resources for projects interlinking energy markets in the EU and to complete the European gas and electricity infrastructure networks by the end of 2015, in particular the Baltic interconnection plan, as set out in the EU’s Third Energy Package; |
| --- | --- |

8.

Calls on the EU and the Member States to ensure a connected internal energy market that can withstand external pressures and attempts to use energy supply and prices as a tool of foreign policy pressure; stresses, therefore, the need to increase resources for projects interlinking energy markets in the EU and to complete the European gas and electricity infrastructure networks by the end of 2015, in particular the Baltic interconnection plan, as set out in the EU’s Third Energy Package;

| 9. | Stresses that the proper functioning of the internal market requires that the energy imported into the Union, once on EU territory, is fully governed by internal energy market rules; emphasises, therefore, that the EU should aim for regulatory convergence with neighbouring countries willing to embrace its internal energy market rules; stresses the importance and role of the Energy Community in this regard; |
| --- | --- |

9.

Stresses that the proper functioning of the internal market requires that the energy imported into the Union, once on EU territory, is fully governed by internal energy market rules; emphasises, therefore, that the EU should aim for regulatory convergence with neighbouring countries willing to embrace its internal energy market rules; stresses the importance and role of the Energy Community in this regard;

| 10. | Calls on the Commission to support the establishment of a comprehensive EU system of gas indexation based on gas market prices, so as to enable all EU gas trading companies to trade with external gas suppliers in a more fair and predictable manner, independently of oil prices, and to further foster competition in the EU’s internal gas market; |
| --- | --- |

10.

Calls on the Commission to support the establishment of a comprehensive EU system of gas indexation based on gas market prices, so as to enable all EU gas trading companies to trade with external gas suppliers in a more fair and predictable manner, independently of oil prices, and to further foster competition in the EU’s internal gas market;

| 11. | Emphasises that the strength resulting from integration of the internal energy market and infrastructure should be fully exploited by combining the means, expertise and capabilities of Member States and the EU; calls, therefore, for increased transparency and more EU involvement in negotiations on agreements between Member States and third countries, as these agreements could also impact on the functioning of the EU internal energy market; supports the Commission in its moves towards greater transparency and sharing of information between Member States and calls for increased use of existing competition measures to ensure EU law is not circumvented; |
| --- | --- |

11.

Emphasises that the strength resulting from integration of the internal energy market and infrastructure should be fully exploited by combining the means, expertise and capabilities of Member States and the EU; calls, therefore, for increased transparency and more EU involvement in negotiations on agreements between Member States and third countries, as these agreements could also impact on the functioning of the EU internal energy market; supports the Commission in its moves towards greater transparency and sharing of information between Member States and calls for increased use of existing competition measures to ensure EU law is not circumvented;

| 12. | Stresses Parliament’s additional responsibilities in the field of energy under Article 194 of the TFEU and insists on Parliament being appropriately involved in all information and consultation processes relating to external energy policy; stresses, in this respect, that data sharing on collective actions, programmes and projects undertaken by the EU, its financial institutions or other EU entities should include Parliament; |
| --- | --- |

12.

Stresses Parliament’s additional responsibilities in the field of energy under Article 194 of the TFEU and insists on Parliament being appropriately involved in all information and consultation processes relating to external energy policy; stresses, in this respect, that data sharing on collective actions, programmes and projects undertaken by the EU, its financial institutions or other EU entities should include Parliament;

| 13. | Welcomes the accession of the Republic of Moldova and of Ukraine to the Energy Community, as well as Armenia’s and Georgia’s observer status, which will contribute to improving regional energy cooperation through a better regulatory framework for future partnerships between the EU and those partner countries; |
| --- | --- |

13.

Welcomes the accession of the Republic of Moldova and of Ukraine to the Energy Community, as well as Armenia’s and Georgia’s observer status, which will contribute to improving regional energy cooperation through a better regulatory framework for future partnerships between the EU and those partner countries;

| 14. | Renews Parliament’s call for international energy projects to be governed by transparent intergovernmental agreements at Member State or Union level; stresses that basing energy projects solely on commercial agreements risks both investor protection and full compliance with internal market rules; |
| --- | --- |

14.

Renews Parliament’s call for international energy projects to be governed by transparent intergovernmental agreements at Member State or Union level; stresses that basing energy projects solely on commercial agreements risks both investor protection and full compliance with internal market rules;

| 15. | Calls for greater synergy between EU trade and energy policies in line with strategic documents on energy policy cooperation with non-EU partners, including the Energy 2020 strategy and the Commission communication on the security of energy supply and international cooperation; |
| --- | --- |

15.

Calls for greater synergy between EU trade and energy policies in line with strategic documents on energy policy cooperation with non-EU partners, including the Energy 2020 strategy and the Commission communication on the security of energy supply and international cooperation;

| 16. | Emphasises that strengthening the external dimension of the EU’s energy policy is of key importance in terms both of increasing the EU’s energy security and improving its trade relations with third countries; emphasises the need to build a stable framework for energy and raw materials cooperation with our strategic trading partners which complies fully with the regulations governing the internal energy market; |
| --- | --- |

16.

Emphasises that strengthening the external dimension of the EU’s energy policy is of key importance in terms both of increasing the EU’s energy security and improving its trade relations with third countries; emphasises the need to build a stable framework for energy and raw materials cooperation with our strategic trading partners which complies fully with the regulations governing the internal energy market;

| 17. | Believes that improved coordination between Member States themselves and between Member States and the Commission should enable Member States to fully benefit from the political and economic weight of the Union; welcomes, in this context, the Commission proposal for a decision setting up an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy; underlines the added value of a Commission opinion and assistance during the negotiation process in order to ensure that IGAs are compatible with internal energy market legislation, in line with the EU’s long-term energy and climate change objectives; |
| --- | --- |

17.

Believes that improved coordination between Member States themselves and between Member States and the Commission should enable Member States to fully benefit from the political and economic weight of the Union; welcomes, in this context, the Commission proposal for a decision setting up an information exchange mechanism with regard to intergovernmental agreements between Member States and third countries in the field of energy; underlines the added value of a Commission opinion and assistance during the negotiation process in order to ensure that IGAs are compatible with internal energy market legislation, in line with the EU’s long-term energy and climate change objectives;

| 18. | Emphasises that creating an information exchange mechanism for intergovernmental agreements between EU Member States and third countries on energy policy would greatly enhance policy transparency, coordination and efficiency in the EU as a whole; |
| --- | --- |

18.

Emphasises that creating an information exchange mechanism for intergovernmental agreements between EU Member States and third countries on energy policy would greatly enhance policy transparency, coordination and efficiency in the EU as a whole;

| 19. | Calls for closer coordination between the Council, the Commission and the European External Action Service so that they may speak and act jointly on issues concerning a common foreign policy on energy; stresses the need to establish an energy policy desk within the EEAS and to involve EU delegations in the conduct of energy diplomacy on the ground; |
| --- | --- |

19.

Calls for closer coordination between the Council, the Commission and the European External Action Service so that they may speak and act jointly on issues concerning a common foreign policy on energy; stresses the need to establish an energy policy desk within the EEAS and to involve EU delegations in the conduct of energy diplomacy on the ground;

| 20. | Supports the use of instruments such as the Early Warning Mechanism in relations with energy suppliers and transit countries; is convinced that further promotion of the idea of common purchasing of energy raw materials by Member States is needed in the context of growing competition for resources and existing producer monopolies; |
| --- | --- |

20.

Supports the use of instruments such as the Early Warning Mechanism in relations with energy suppliers and transit countries; is convinced that further promotion of the idea of common purchasing of energy raw materials by Member States is needed in the context of growing competition for resources and existing producer monopolies;

| 21. | Calls on the Member States and the Commission to identify trade and investment barriers in the energy field in relations with third countries and to take action, where appropriate, to eliminate them, both bilaterally and through the World Trade Organisation; |
| --- | --- |

21.

Calls on the Member States and the Commission to identify trade and investment barriers in the energy field in relations with third countries and to take action, where appropriate, to eliminate them, both bilaterally and through the World Trade Organisation;

| 22. | Supports the Council proposal to analyse the functioning of the Energy Community Treaty as well as the establishment of a roadmap allowing the accelerated modernisation of energy sectors; calls for more emphasis to be placed on the implementation of reforms and technologies such as smart grids to boost the integration of renewable energy and increase energy efficiency; hence supports ideas to give new impetus to the Energy Charter Treaty and proposes the introduction of strategic partnerships to this end; reiterates that the social dimension of the treaty must be developed to tackle problems such as energy poverty and corruption effectively; |
| --- | --- |

22.

Supports the Council proposal to analyse the functioning of the Energy Community Treaty as well as the establishment of a roadmap allowing the accelerated modernisation of energy sectors; calls for more emphasis to be placed on the implementation of reforms and technologies such as smart grids to boost the integration of renewable energy and increase energy efficiency; hence supports ideas to give new impetus to the Energy Charter Treaty and proposes the introduction of strategic partnerships to this end; reiterates that the social dimension of the treaty must be developed to tackle problems such as energy poverty and corruption effectively;

| 23. | Calls on the Commission to underline the importance of the Energy Charter Conference and the need to support it, in order to make better use of the Energy Charter’s potential in key areas such as trade, transit, investment and dispute resolution, including, inter alia, by extending the Energy Charter Treaty to countries which have not yet signed and/or ratified it; |
| --- | --- |

23.

Calls on the Commission to underline the importance of the Energy Charter Conference and the need to support it, in order to make better use of the Energy Charter’s potential in key areas such as trade, transit, investment and dispute resolution, including, inter alia, by extending the Energy Charter Treaty to countries which have not yet signed and/or ratified it;

| 24. | Considers that every Member State should publish and submit to Eurostat its average bilateral import price for natural gas, at least on a quarterly basis, with a time lag of not more than two quarters; |
| --- | --- |

24.

Considers that every Member State should publish and submit to Eurostat its average bilateral import price for natural gas, at least on a quarterly basis, with a time lag of not more than two quarters;

| 25. | Considers that implementation of a consistent and coherent EU external energy policy requires regular coordination between Member States and the Commission; calls on the Commission to hold regular exchanges with Member States, notably through the proposed Strategic Group for International Energy Cooperation, on the priorities and activities of the EU and Member States in the field of external energy strategy at both political and expert levels; calls for independent energy regulators to participate as experts in the Strategic Group for International Energy Cooperation, given their experience and in-depth knowledge of the functioning of cross-border electricity and gas markets; |
| --- | --- |

25.

Considers that implementation of a consistent and coherent EU external energy policy requires regular coordination between Member States and the Commission; calls on the Commission to hold regular exchanges with Member States, notably through the proposed Strategic Group for International Energy Cooperation, on the priorities and activities of the EU and Member States in the field of external energy strategy at both political and expert levels; calls for independent energy regulators to participate as experts in the Strategic Group for International Energy Cooperation, given their experience and in-depth knowledge of the functioning of cross-border electricity and gas markets;

| 26. | Considers that the measures proposed by the Commission could be made more effective by prioritising them, by establishing time-frames and action plans, and by providing an indication of the progress achieved and the deadlines; |
| --- | --- |

26.

Considers that the measures proposed by the Commission could be made more effective by prioritising them, by establishing time-frames and action plans, and by providing an indication of the progress achieved and the deadlines;

| 27. | Considers that ensuring coherence between the horizontal objectives set out in the Lisbon Treaty is crucial for the EU’s external energy policy; calls for Parliament to be informed about the EU’s priority projects in a timely manner; |
| --- | --- |

27.

Considers that ensuring coherence between the horizontal objectives set out in the Lisbon Treaty is crucial for the EU’s external energy policy; calls for Parliament to be informed about the EU’s priority projects in a timely manner;

| 28. | Calls on the Member States not to conclude contracts on energy or energy-related technology supply with third countries which violate the interests of another Member State of the Union; |
| --- | --- |

28.

Calls on the Member States not to conclude contracts on energy or energy-related technology supply with third countries which violate the interests of another Member State of the Union;

| 29. | Takes the view that regular discussions should be held on the challenges facing the EU’s external energy policy during formal and informal meetings of energy ministers in the Council, with the involvement and strong support of the High Representative, the Energy Commissioner and their relevant services; such meetings should also be used to coordinate a common and consistent European position ahead of high-level meetings in international organisations such as the IEA, UN, IRENA, IPEEC and IAEA, where it is important that the EU plays a more active and influential role; Parliament should be regularly informed and consulted on all relevant issues; |
| --- | --- |

29.

Takes the view that regular discussions should be held on the challenges facing the EU’s external energy policy during formal and informal meetings of energy ministers in the Council, with the involvement and strong support of the High Representative, the Energy Commissioner and their relevant services; such meetings should also be used to coordinate a common and consistent European position ahead of high-level meetings in international organisations such as the IEA, UN, IRENA, IPEEC and IAEA, where it is important that the EU plays a more active and influential role; Parliament should be regularly informed and consulted on all relevant issues;

| 30. | Believes that where an infrastructure project of strategic importance affects the security of energy supply for the EU as a whole, the Council should consider granting the Commission a mandate to conduct the negotiations, and that such a mandate should also be considered in the case of other intergovernmental agreements considered to have a significant impact on the EU’s long-term energy policy objectives, in particular its energy independence; calls, in this regard, for proper consultation and communication with Parliament; |
| --- | --- |

30.

Believes that where an infrastructure project of strategic importance affects the security of energy supply for the EU as a whole, the Council should consider granting the Commission a mandate to conduct the negotiations, and that such a mandate should also be considered in the case of other intergovernmental agreements considered to have a significant impact on the EU’s long-term energy policy objectives, in particular its energy independence; calls, in this regard, for proper consultation and communication with Parliament;

| 31. | Calls on the Commission to develop an information sharing tool to collect and make available relevant data on the Member States’ and EU administrative and financial institutions’ energy programmes and projects in third countries; calls on Member States to provide the relevant data to the Commission in this context; |
| --- | --- |

31.

Calls on the Commission to develop an information sharing tool to collect and make available relevant data on the Member States’ and EU administrative and financial institutions’ energy programmes and projects in third countries; calls on Member States to provide the relevant data to the Commission in this context;

| 32. | Calls on the Commission to monitor global energy markets and cooperate in this regard with Member States and international organisations such as the IEA; calls on the Commission to present a legal instrument for this purpose before the end of 2012; |
| --- | --- |

32.

Calls on the Commission to monitor global energy markets and cooperate in this regard with Member States and international organisations such as the IEA; calls on the Commission to present a legal instrument for this purpose before the end of 2012;

| 33. | Stresses that, given the Union’s high dependence on energy imports, increased diversification of supply sources – including new sources of energy – and transit routes and the development of EU sources of renewable energy are urgent and essential elements supporting the Union’s external security policy, strategic role and foreign policy independence, coherence, credibility and effectiveness; |
| --- | --- |

33.

Stresses that, given the Union’s high dependence on energy imports, increased diversification of supply sources – including new sources of energy – and transit routes and the development of EU sources of renewable energy are urgent and essential elements supporting the Union’s external security policy, strategic role and foreign policy independence, coherence, credibility and effectiveness;

| 34. | Calls for a coordinated, unified EU policy strategy for new energy suppliers to be developed, with particular attention on enhancement of conditions for competition in the EU so as to open up opportunities for new suppliers to enter the EU market; |
| --- | --- |

34.

Calls for a coordinated, unified EU policy strategy for new energy suppliers to be developed, with particular attention on enhancement of conditions for competition in the EU so as to open up opportunities for new suppliers to enter the EU market;

| 35. | Calls for greater synergies between the EU’s trade and energy policies, in line with the Europe 2020 strategy; underlines the need to promote global governance structures for raw materials in order to decrease international tensions in this area, and commends the example of the International Energy Forum (IEF) in this regard; considers the conclusion with our strategic trade partners of long-term energy and raw materials supply contracts at fair prices to be one of the top priorities; calls, therefore, for the EU to adopt a coherent strategy with regard to energy supply contracts with these partners; |
| --- | --- |

35.

Calls for greater synergies between the EU’s trade and energy policies, in line with the Europe 2020 strategy; underlines the need to promote global governance structures for raw materials in order to decrease international tensions in this area, and commends the example of the International Energy Forum (IEF) in this regard; considers the conclusion with our strategic trade partners of long-term energy and raw materials supply contracts at fair prices to be one of the top priorities; calls, therefore, for the EU to adopt a coherent strategy with regard to energy supply contracts with these partners;

Diversification – enhanced security of European energy supply

| 36. | Stress that the EU Treaty calls for solidarity between Member States, which should be part of both the daily work and crisis management of internal and external energy policy; calls on the Commission to provide a clear definition of ‘energy solidarity’ in order to ensure that it can be respected by all Member States; |
| --- | --- |

36.

Stress that the EU Treaty calls for solidarity between Member States, which should be part of both the daily work and crisis management of internal and external energy policy; calls on the Commission to provide a clear definition of ‘energy solidarity’ in order to ensure that it can be respected by all Member States;

| 37. | Points out that the EU’s increasing dependence on imported fossil fuels will undermine its political leverage and may have significant effects on the independence of its decision-making in other policy areas, and that only a full transition to environmentally sound energy supply and energy efficiency and interconnection, interdependence and solidarity among Member States can counterbalance this unfavourable situation; |
| --- | --- |

37.

Points out that the EU’s increasing dependence on imported fossil fuels will undermine its political leverage and may have significant effects on the independence of its decision-making in other policy areas, and that only a full transition to environmentally sound energy supply and energy efficiency and interconnection, interdependence and solidarity among Member States can counterbalance this unfavourable situation;

| 38. | Stresses that the EU’s common energy policy and strategic goals should be appropriately reflected in its external relations and regional and European Neighbourhood policies; |
| --- | --- |

38.

Stresses that the EU’s common energy policy and strategic goals should be appropriately reflected in its external relations and regional and European Neighbourhood policies;

| 39. | Calls on the Commission also to support research and development in the field of own-fuel resources, and to support the establishment of fuel supplies from diversified suppliers, sources of supply and fuel transmission lines to individual EU regions in order to ensure a minimum of two different sources of supply for each region, in accordance with the Commission communication on Energy infrastructure priorities for 2020 and beyond – A Blueprint for an integrated European energy network (COM(2010)0677); |
| --- | --- |

39.

Calls on the Commission also to support research and development in the field of own-fuel resources, and to support the establishment of fuel supplies from diversified suppliers, sources of supply and fuel transmission lines to individual EU regions in order to ensure a minimum of two different sources of supply for each region, in accordance with the Commission communication on Energy infrastructure priorities for 2020 and beyond – A Blueprint for an integrated European energy network (COM(2010)0677);

| 40. | Stresses that the EU’s external energy policy should contribute to ensuring safe, secure, sustainable and affordable energy, consistent with the overall objectives of EU energy policy of competitiveness, security of supply and sustainability, as well as with the EU 2050 energy and climate objectives; |
| --- | --- |

40.

Stresses that the EU’s external energy policy should contribute to ensuring safe, secure, sustainable and affordable energy, consistent with the overall objectives of EU energy policy of competitiveness, security of supply and sustainability, as well as with the EU 2050 energy and climate objectives;

| 41. | Stresses that action to diversify suppliers, routes and sources of energy supply to the EU should be accelerated, taking into account the priority energy infrastructure corridors, especially those aimed at creating a real competitive market for gas, creating new transit corridors (Southern Corridor and the Mediterranean Basin), reinforcing existing corridors (Eastern Corridor) and creating real competition among sources of gas supply by increasing the EU’s share of LNG and by reaching new and remote suppliers (Australia, Canada, United States, Latin America, Sub-Saharan Africa, Central Asia, etc.); |
| --- | --- |

41.

Stresses that action to diversify suppliers, routes and sources of energy supply to the EU should be accelerated, taking into account the priority energy infrastructure corridors, especially those aimed at creating a real competitive market for gas, creating new transit corridors (Southern Corridor and the Mediterranean Basin), reinforcing existing corridors (Eastern Corridor) and creating real competition among sources of gas supply by increasing the EU’s share of LNG and by reaching new and remote suppliers (Australia, Canada, United States, Latin America, Sub-Saharan Africa, Central Asia, etc.);

| 42. | Stresses, also, the importance of improving the interconnection of energy grids and completing the Euro-Mediterranean and Euro-Atlantic electricity and gas infrastructure rings and the Baltic energy market interconnection plan, while also modernising and upgrading the existing fleet of electricity and gas power plants and infrastructure (interconnections, grids, pipelines, transmission networks, storage and LNG terminals); these measures should ensure that no Member State remains an energy island and that energy can flow freely throughout the EU; in this respect, welcomes the proposed Connecting Europe Facility; |
| --- | --- |

42.

Stresses, also, the importance of improving the interconnection of energy grids and completing the Euro-Mediterranean and Euro-Atlantic electricity and gas infrastructure rings and the Baltic energy market interconnection plan, while also modernising and upgrading the existing fleet of electricity and gas power plants and infrastructure (interconnections, grids, pipelines, transmission networks, storage and LNG terminals); these measures should ensure that no Member State remains an energy island and that energy can flow freely throughout the EU; in this respect, welcomes the proposed Connecting Europe Facility;

| 43. | Calls on the Commission to support the so-called ‘energy security clause’ to be included in 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; |
| --- | --- |

43.

Calls on the Commission to support the so-called ‘energy security clause’ to be included in 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;

| 44. | Welcomes the Commission communication entitled ‘On security of energy supply and international cooperation; the EU Energy Policy: Engaging with Partners beyond our Borders’ (COM(2011)0539); believes, however, that further instruments based on solidarity between EU Member States are needed in order to provide the EU with the ability to protect its energy security interests and in negotiating with its external partners, in particular in crisis situations; |
| --- | --- |

44.

Welcomes the Commission communication entitled ‘On security of energy supply and international cooperation; the EU Energy Policy: Engaging with Partners beyond our Borders’ (COM(2011)0539); believes, however, that further instruments based on solidarity between EU Member States are needed in order to provide the EU with the ability to protect its energy security interests and in negotiating with its external partners, in particular in crisis situations;

| 45. | Calls on the Commission to draw up a comprehensive set of short-, medium- and long-term energy policy priorities 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 market; stresses the importance of further extending the European Energy Community and setting up legal control mechanisms to deal with deficient acquis implementation; |
| --- | --- |

45.

Calls on the Commission to draw up a comprehensive set of short-, medium- and long-term energy policy priorities 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 market; stresses the importance of further extending the European Energy Community and setting up legal control mechanisms to deal with deficient acquis implementation;

| 46. | Supports political and economic dialogue with the EU’s neighbouring countries on the use of new energy sources; |
| --- | --- |

46.

Supports political and economic dialogue with the EU’s neighbouring countries on the use of new energy sources;

| 47. | Calls for the implementation of existing mechanisms, and the creation of new ones, within the European Neighbourhood Policy and the Black Sea Synergy in order to strengthen cooperation with a view to achieving greater transparency and stability of supply and transit; |
| --- | --- |

47.

Calls for the implementation of existing mechanisms, and the creation of new ones, within the European Neighbourhood Policy and the Black Sea Synergy in order to strengthen cooperation with a view to achieving greater transparency and stability of supply and transit;

| 48. | Is in favour of a political dialogue with Norway and Russia over the exploration of new energy sources in the Barents Sea, based on the prerequisite of protection of the vulnerable environment of the Arctic region, and of cooperation with Norway on the import of hydroelectric electricity via long-distance submarine power cables; calls for the swifter formulation of an EU strategy towards the Arctic region; |
| --- | --- |

48.

Is in favour of a political dialogue with Norway and Russia over the exploration of new energy sources in the Barents Sea, based on the prerequisite of protection of the vulnerable environment of the Arctic region, and of cooperation with Norway on the import of hydroelectric electricity via long-distance submarine power cables; calls for the swifter formulation of an EU strategy towards the Arctic region;

| 49. | Regards external political dialogue as essential to decoupling global economic growth from the use of energy resources, and to promoting more predictable energy markets, as well as being beneficial to political relations; stresses the importance of dialogue with emerging economies such as China, India, Brazil, Indonesia and South Africa, in addition to other key consumer countries such as the United States and Japan; |
| --- | --- |

49.

Regards external political dialogue as essential to decoupling global economic growth from the use of energy resources, and to promoting more predictable energy markets, as well as being beneficial to political relations; stresses the importance of dialogue with emerging economies such as China, India, Brazil, Indonesia and South Africa, in addition to other key consumer countries such as the United States and Japan;

| 50. | Takes the view that the EU should promote the development and deepening of energy policy cooperation with third countries which share the same values and are willing to engage in democratic reforms and the promotion of the values upon which the EU is founded; |
| --- | --- |

50.

Takes the view that the EU should promote the development and deepening of energy policy cooperation with third countries which share the same values and are willing to engage in democratic reforms and the promotion of the values upon which the EU is founded;

| 51. | Welcomes the Commission’s recommendations on enhanced political cooperation with the Eastern neighbours and deems it essential for Turkey’s accession to the Energy Community Treaty and the opening of the energy chapter in EU accession negotiations to be treated with the utmost urgency; furthermore, welcomes the initiative for a tripartite dialogue (EU-Ukraine-Russia) and emphasises the need to ensure thorough political and administrative cooperation with both partners; |
| --- | --- |

51.

Welcomes the Commission’s recommendations on enhanced political cooperation with the Eastern neighbours and deems it essential for Turkey’s accession to the Energy Community Treaty and the opening of the energy chapter in EU accession negotiations to be treated with the utmost urgency; furthermore, welcomes the initiative for a tripartite dialogue (EU-Ukraine-Russia) and emphasises the need to ensure thorough political and administrative cooperation with both partners;

| 52. | Stresses that action to increase internal production of renewable energy is critical to reducing the EU’s dependence on imports of hydrocarbons; maintains that the EU’s energy production and distribution structure should be reassessed in accordance with its long-term energy and climate objectives; |
| --- | --- |

52.

Stresses that action to increase internal production of renewable energy is critical to reducing the EU’s dependence on imports of hydrocarbons; maintains that the EU’s energy production and distribution structure should be reassessed in accordance with its long-term energy and climate objectives;

| 53. | Recalls the significant contribution of LNG to EU energy supply and calls for a strengthening of cooperation with the main suppliers and current and future consumers; |
| --- | --- |

53.

Recalls the significant contribution of LNG to EU energy supply and calls for a strengthening of cooperation with the main suppliers and current and future consumers;

| 54. | Emphasises that diversification should mean new non-Russian sources of oil, gas and electricity for those Member States which are overly dependent on this single supplier; stresses that while Russian gas accounts for only 24 % of gas consumed EU-wide, it accounts for between 48 % and 100 % in 12 of the 27 Member States, and therefore has a direct impact on the Union’s energy security; |
| --- | --- |

54.

Emphasises that diversification should mean new non-Russian sources of oil, gas and electricity for those Member States which are overly dependent on this single supplier; stresses that while Russian gas accounts for only 24 % of gas consumed EU-wide, it accounts for between 48 % and 100 % in 12 of the 27 Member States, and therefore has a direct impact on the Union’s energy security;

| 55. | Takes the view that with the development of new, unconventional energy technologies (oil sands and shale gas from Canada, the United States, Australia, Qatar, Brazil and Argentina, energy exploration in the Arctic region, and further exploitations in Iraq, Venezuela and Africa), new actors, partners and regions are emerging as possible future suppliers, and the EU should therefore also concentrate on taking full advantage of this new situation and develop new energy partnerships in order to diversify its suppliers; |
| --- | --- |

55.

Takes the view that with the development of new, unconventional energy technologies (oil sands and shale gas from Canada, the United States, Australia, Qatar, Brazil and Argentina, energy exploration in the Arctic region, and further exploitations in Iraq, Venezuela and Africa), new actors, partners and regions are emerging as possible future suppliers, and the EU should therefore also concentrate on taking full advantage of this new situation and develop new energy partnerships in order to diversify its suppliers;

| 56. | While appreciating the importance of the transition to a low-carbon economy, underlines the need to maintain its competitiveness and innovativeness, inter alia by using appropriate trade policy instruments; the transition to a low-carbon economy must be adapted to the potential of the geographical area in question, the specific nature of the energy system and energy mix of the particular Member State and its geological structure; believes that this approach will make it possible to maintain the highest level of energy security and economic competitiveness while at the same time respecting the autonomy of each Member State, as enshrined in the Treaties, to set the conditions for use of its energy resources, to choose between different energy sources and to determine the general structure of its energy supply; |
| --- | --- |

56.

While appreciating the importance of the transition to a low-carbon economy, underlines the need to maintain its competitiveness and innovativeness, inter alia by using appropriate trade policy instruments; the transition to a low-carbon economy must be adapted to the potential of the geographical area in question, the specific nature of the energy system and energy mix of the particular Member State and its geological structure; believes that this approach will make it possible to maintain the highest level of energy security and economic competitiveness while at the same time respecting the autonomy of each Member State, as enshrined in the Treaties, to set the conditions for use of its energy resources, to choose between different energy sources and to determine the general structure of its energy supply;

| 57. | Recognises the importance of EU foreign direct investment in the construction and modernisation of energy infrastructure in developing countries; at the same time, underlines the need for appropriate legal protection for such investment, which may be achieved by extending the acquis communautaire to third countries (inter alia by strengthening and extending the area of application of the Energy Community Treaty); |
| --- | --- |

57.

Recognises the importance of EU foreign direct investment in the construction and modernisation of energy infrastructure in developing countries; at the same time, underlines the need for appropriate legal protection for such investment, which may be achieved by extending the acquis communautaire to third countries (inter alia by strengthening and extending the area of application of the Energy Community Treaty);

| 58. | Notes the importance of broad cooperation in the Arctic region, particularly among countries in the Euro-Atlantic sphere; |
| --- | --- |

58.

Notes the importance of broad cooperation in the Arctic region, particularly among countries in the Euro-Atlantic sphere;

Sustainability – strengthened partnership with supplier countries and international organisations

| 59. | Believes that the world’s increasing demand for energy and the high concentration of fossil fuel reserves in largely unstable and undemocratic countries makes the EU vulnerable and deeply undermines the development of credible, effective and consistent common European policies; |
| --- | --- |

59.

Believes that the world’s increasing demand for energy and the high concentration of fossil fuel reserves in largely unstable and undemocratic countries makes the EU vulnerable and deeply undermines the development of credible, effective and consistent common European policies;

| 60. | Believes that EU energy partnerships and EU participation in global forums such as the G20 must be used to promote more sustainable energy policies in third countries, while enhancing market transparency, reducing volatility in international markets and contributing to the building of a global energy market that is less vulnerable to shocks and supply interruptions; |
| --- | --- |

60.

Believes that EU energy partnerships and EU participation in global forums such as the G20 must be used to promote more sustainable energy policies in third countries, while enhancing market transparency, reducing volatility in international markets and contributing to the building of a global energy market that is less vulnerable to shocks and supply interruptions;

| 61. | Emphasises the need to expand the links between the European energy network and neighbouring countries (the Western Balkans, Eastern neighbours, Caspian countries, North Africa and the Middle East) by building new interconnectors and promoting a wider regulatory area, extending EU environmental and safety standards as far as possible, in order to ensure that all types of power plants in the vicinity of the EU’s borders comply with the highest standards of nuclear safety; |
| --- | --- |

61.

Emphasises the need to expand the links between the European energy network and neighbouring countries (the Western Balkans, Eastern neighbours, Caspian countries, North Africa and the Middle East) by building new interconnectors and promoting a wider regulatory area, extending EU environmental and safety standards as far as possible, in order to ensure that all types of power plants in the vicinity of the EU’s borders comply with the highest standards of nuclear safety;

| 62. | Stresses the importance of pursuing common-interest infrastructure projects, as defined in the Commission’s proposal for a Regulation on guidelines for trans-European energy infrastructure and its Communication on Energy infrastructure priorities for 2020 and beyond; given the strategic importance of these projects, regards it as essential that the resulting agreements with external partners are appropriately prioritised, sustainably developed and swiftly concluded, within a rules-based market system; |
| --- | --- |

62.

Stresses the importance of pursuing common-interest infrastructure projects, as defined in the Commission’s proposal for a Regulation on guidelines for trans-European energy infrastructure and its Communication on Energy infrastructure priorities for 2020 and beyond; given the strategic importance of these projects, regards it as essential that the resulting agreements with external partners are appropriately prioritised, sustainably developed and swiftly concluded, within a rules-based market system;

| 63 | Emphasises that in the EU-Russia energy dialogue, where the EU should speak with one voice, the specific and dependent situation of the Central and Eastern European Member States should be taken into account as their energy supply security can only be guaranteed through the interconnection of EU-wide infrastructure and the full implementation of internal energy market rules; considers that crucial topics such as access to energy resources, networks and export markets, investment protection, reciprocity, crisis prevention and cooperation, a level playing field and the pricing of energy resources should be taken into account in the dialogue; emphasises that particular attention should be paid to the ‘Druzhba’ issue and that specific steps should be taken at EU level to resume the supply of oil via the closed branch; |
| --- | --- |

63

Emphasises that in the EU-Russia energy dialogue, where the EU should speak with one voice, the specific and dependent situation of the Central and Eastern European Member States should be taken into account as their energy supply security can only be guaranteed through the interconnection of EU-wide infrastructure and the full implementation of internal energy market rules; considers that crucial topics such as access to energy resources, networks and export markets, investment protection, reciprocity, crisis prevention and cooperation, a level playing field and the pricing of energy resources should be taken into account in the dialogue; emphasises that particular attention should be paid to the ‘Druzhba’ issue and that specific steps should be taken at EU level to resume the supply of oil via the closed branch;

| 64. | Emphasises that as Member States set about connecting and integrating their national markets through investment in infrastructure and the approval of common regulations, efforts should also be made to work together with Russia to identify creative and mutually acceptable measures aimed at reducing discrepancies between the two energy markets; |
| --- | --- |

64.

Emphasises that as Member States set about connecting and integrating their national markets through investment in infrastructure and the approval of common regulations, efforts should also be made to work together with Russia to identify creative and mutually acceptable measures aimed at reducing discrepancies between the two energy markets;

| 65. | Stresses the importance of the energy dialogue with Russia and an EU-Russia roadmap as proposed by the Energy Council; highlights the importance of cooperating in areas of mutual benefit, such as common research and technology transfer, particularly on energy efficiency and renewable energy; |
| --- | --- |

65.

Stresses the importance of the energy dialogue with Russia and an EU-Russia roadmap as proposed by the Energy Council; highlights the importance of cooperating in areas of mutual benefit, such as common research and technology transfer, particularly on energy efficiency and renewable energy;

| 66. | Calls for the Energy Charter Treaty to be extended to more countries and for the participants at the Energy Charter Conference to work towards a negotiated settlement leading to the full acceptance of the principles of the Charter and its protocols by Russia; |
| --- | --- |

66.

Calls for the Energy Charter Treaty to be extended to more countries and for the participants at the Energy Charter Conference to work towards a negotiated settlement leading to the full acceptance of the principles of the Charter and its protocols by Russia;

| 67. | Calls for the strategic partnership with Russia to be reinforced through the conclusion of a new partnership and cooperation agreement; emphasises that this new agreement should be in full compliance with internal market rules and the regulations of the EU’s Third Energy Package and based on mutual respect and reciprocity; emphasises that Russia is already bound by the Energy Charter Treaty pursuant to Article 45 thereof; is convinced that ratification of the ECT by Russia would have mutually beneficial effects on bilateral energy relations; |
| --- | --- |

67.

Calls for the strategic partnership with Russia to be reinforced through the conclusion of a new partnership and cooperation agreement; emphasises that this new agreement should be in full compliance with internal market rules and the regulations of the EU’s Third Energy Package and based on mutual respect and reciprocity; emphasises that Russia is already bound by the Energy Charter Treaty pursuant to Article 45 thereof; is convinced that ratification of the ECT by Russia would have mutually beneficial effects on bilateral energy relations;

| 68. | Highlights the role of the Euronest Parliamentary Assembly, which will contribute to achieving the goals of the Eastern Partnership and therefore have a positive impact on energy security issues; |
| --- | --- |

68.

Highlights the role of the Euronest Parliamentary Assembly, which will contribute to achieving the goals of the Eastern Partnership and therefore have a positive impact on energy security issues;

| 69. | Points out that the countries of the European Economic Area are already part of the EU internal market and that their cooperation is key to achieving the 2020 energy targets; welcomes the current initiatives to intensify cooperation with Switzerland, which should also aim for full integration into the EU internal energy market; |
| --- | --- |

69.

Points out that the countries of the European Economic Area are already part of the EU internal market and that their cooperation is key to achieving the 2020 energy targets; welcomes the current initiatives to intensify cooperation with Switzerland, which should also aim for full integration into the EU internal energy market;

| 70. | Believes that the EU’s external energy policy should be based on and promote the principles of solidarity, transparency, subsidiarity, sustainability, cooperation, reciprocity, a rules-based market approach and coordination between the EU, its Member States and partner countries; believes that respect for the horizontal objectives laid down in the Lisbon Treaty is crucial to affirming the role of Europe in the changing regional political context; calls on the Council to give the Commission a mandate to start negotiations on transforming the current Memorandums of Understanding on energy issues with neighbouring states into legally binding texts; |
| --- | --- |

70.

Believes that the EU’s external energy policy should be based on and promote the principles of solidarity, transparency, subsidiarity, sustainability, cooperation, reciprocity, a rules-based market approach and coordination between the EU, its Member States and partner countries; believes that respect for the horizontal objectives laid down in the Lisbon Treaty is crucial to affirming the role of Europe in the changing regional political context; calls on the Council to give the Commission a mandate to start negotiations on transforming the current Memorandums of Understanding on energy issues with neighbouring states into legally binding texts;

| 71. | Stresses the importance of further developing the Africa-EU Energy Partnership launched in 2010; |
| --- | --- |

71.

Stresses the importance of further developing the Africa-EU Energy Partnership launched in 2010;

| 72. | Is convinced that more effective management at a global level would improve cooperation with producer, transit and consumer countries; believes that the EU should therefore play a major role in international management of energy policy with a view to promoting transparent and non-discriminatory principles, pursuing the objective of sustainability, lowering transaction costs and setting incentives for market participants to compete on price and quality; |
| --- | --- |

72.

Is convinced that more effective management at a global level would improve cooperation with producer, transit and consumer countries; believes that the EU should therefore play a major role in international management of energy policy with a view to promoting transparent and non-discriminatory principles, pursuing the objective of sustainability, lowering transaction costs and setting incentives for market participants to compete on price and quality;

| 73. | Welcomes the inclusion of the target of universal energy access by 2030 in the communication on ‘The EU Energy Policy: Engaging with Partners beyond our Borders’, and believes that for developing countries this should focus on decentralised, sustainable and affordable energy, particularly for rural and poor populations; encourages support for innovative payment schemes with private and public involvement aimed at making energy access affordable for end-users; |
| --- | --- |

73.

Welcomes the inclusion of the target of universal energy access by 2030 in the communication on ‘The EU Energy Policy: Engaging with Partners beyond our Borders’, and believes that for developing countries this should focus on decentralised, sustainable and affordable energy, particularly for rural and poor populations; encourages support for innovative payment schemes with private and public involvement aimed at making energy access affordable for end-users;

| 74. | Stresses that sustainable energy is a key driver of development, and reiterates its call for a specific ‘energy and development’ programme with particular focus on renewable, energy-efficient, small-scale and decentralised energy solutions and the promotion of capacity development and technology transfer in order to ensure local ownership; notes that large-scale renewable energy schemes may be necessary in order to sustainably meet the growing energy demand from urban centres and industry, particularly in emerging countries; calls for such schemes to adhere in all cases to the highest social and environmental criteria; |
| --- | --- |

74.

Stresses that sustainable energy is a key driver of development, and reiterates its call for a specific ‘energy and development’ programme with particular focus on renewable, energy-efficient, small-scale and decentralised energy solutions and the promotion of capacity development and technology transfer in order to ensure local ownership; notes that large-scale renewable energy schemes may be necessary in order to sustainably meet the growing energy demand from urban centres and industry, particularly in emerging countries; calls for such schemes to adhere in all cases to the highest social and environmental criteria;

| 75. | Calls for respect for the EU’s over-riding development objectives and for democracy and human rights when dealing with developing countries on energy matters, in the context of a strategic approach to achieving a secure, sustainable and competitive energy supply which puts the interests of the people living in developing countries at the core; |
| --- | --- |

75.

Calls for respect for the EU’s over-riding development objectives and for democracy and human rights when dealing with developing countries on energy matters, in the context of a strategic approach to achieving a secure, sustainable and competitive energy supply which puts the interests of the people living in developing countries at the core;

| 76. | Emphasises the importance of transparency, democratic oversight and civil society involvement in relations with third countries in the field of energy; |
| --- | --- |

76.

Emphasises the importance of transparency, democratic oversight and civil society involvement in relations with third countries in the field of energy;

| 77. | Stresses the importance of continuing to include key trade and investment principles, including those promoting a level playing field for investment in sustainable energy, both in bilateral agreements and in multilateral legal frameworks, such as the Energy Charter Treaty and the WTO, and making them enforceable through effective dispute settlement mechanisms; |
| --- | --- |

77.

Stresses the importance of continuing to include key trade and investment principles, including those promoting a level playing field for investment in sustainable energy, both in bilateral agreements and in multilateral legal frameworks, such as the Energy Charter Treaty and the WTO, and making them enforceable through effective dispute settlement mechanisms;

| 78. | Takes the view that while cooperating on the exploitation of, and trade in, energy products, and their transit to the EU, there is also a need to intensify cooperation on other important energy-related issues; calls, therefore, for strategic energy partnerships to be developed between the EU and key third countries, such as the BRICS and countries whose energy consumption is growing rapidly, inter alia, in the following areas:






  — | R&D cooperation on low-carbon technologies and innovation, |
| --- | --- | --- |

78.

Takes the view that while cooperating on the exploitation of, and trade in, energy products, and their transit to the EU, there is also a need to intensify cooperation on other important energy-related issues; calls, therefore, for strategic energy partnerships to be developed between the EU and key third countries, such as the BRICS and countries whose energy consumption is growing rapidly, inter alia, in the following areas:

—

R&D cooperation on low-carbon technologies and innovation,

| — | investment in sustainable energy production, |
| --- | --- |

—

investment in sustainable energy production,

| — | safety and security of energy technologies, |
| --- | --- |

—

safety and security of energy technologies,

| — | data-sharing on know-how transfer, including in the field of clean and renewable energy sources, |
| --- | --- |

—

data-sharing on know-how transfer, including in the field of clean and renewable energy sources,

| — | promotion of energy efficiency and energy savings, |
| --- | --- |

—

promotion of energy efficiency and energy savings,

| — | balancing of systems, |
| --- | --- |

—

balancing of systems,

| — | smart grids, |
| --- | --- |

—

smart grids,

| — | energy storage, |
| --- | --- |

—

energy storage,

| — | fusion research, |
| --- | --- |

—

fusion research,

| — | clean coal technology and carbon capture and storage; |
| --- | --- |

—

clean coal technology and carbon capture and storage;

| 79. | Urges the Commission to require and enforce the highest international safety standards for nuclear power plants in countries neighbouring the EU, using all available instruments and treaties, such as the Convention on Environmental Impact Assessment in a Transboundary Context (the ‘Espoo Convention’) and the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the ‘Aarhus Convention’); calls on countries neighbouring the EU to perform comprehensive EU nuclear safety and risk stress tests and on the Commission to offer EU technical assistance for this purpose; |
| --- | --- |

79.

Urges the Commission to require and enforce the highest international safety standards for nuclear power plants in countries neighbouring the EU, using all available instruments and treaties, such as the Convention on Environmental Impact Assessment in a Transboundary Context (the ‘Espoo Convention’) and the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the ‘Aarhus Convention’); calls on countries neighbouring the EU to perform comprehensive EU nuclear safety and risk stress tests and on the Commission to offer EU technical assistance for this purpose;

| 80. | Urges the Commission to promote the adoption, in all relevant trade agreements, including within the WTO, of the principles of the Extractive Industries Transparency Initiative and international standards on energy markets governance, including a phasing-out of fossil fuel subsidies with quantitative objectives; |
| --- | --- |

80.

Urges the Commission to promote the adoption, in all relevant trade agreements, including within the WTO, of the principles of the Extractive Industries Transparency Initiative and international standards on energy markets governance, including a phasing-out of fossil fuel subsidies with quantitative objectives;

| 81. | Notes that the storage of energy and electricity produced from renewable sources and other advanced energy applications requires a series of raw materials, including rare earth minerals, which are currently hard to obtain; considers that coordinated action by the EU and other leaders in the technology field, including the United States and Japan, is required to advance research into the creation of new raw and substitute materials or a reduction in the use of raw materials that are problematic from the point of view of continuous supply, toxicity or environmental impact; |
| --- | --- |

81.

Notes that the storage of energy and electricity produced from renewable sources and other advanced energy applications requires a series of raw materials, including rare earth minerals, which are currently hard to obtain; considers that coordinated action by the EU and other leaders in the technology field, including the United States and Japan, is required to advance research into the creation of new raw and substitute materials or a reduction in the use of raw materials that are problematic from the point of view of continuous supply, toxicity or environmental impact;

| 82. | In order to promote globally secure, safe and environment-conscious energy production, supports the strengthening and promotion of radiological protection and safeguards, nuclear safety standards, stringent requirements for offshore oil and gas operations, the safety of maritime transport of crude oil and oil products and LNG, as well as cooperation on new technologies, on R&D&I and work on international standards; |
| --- | --- |

82.

In order to promote globally secure, safe and environment-conscious energy production, supports the strengthening and promotion of radiological protection and safeguards, nuclear safety standards, stringent requirements for offshore oil and gas operations, the safety of maritime transport of crude oil and oil products and LNG, as well as cooperation on new technologies, on R&D&I and work on international standards;

| 83. | Takes the view that global climate change challenges cannot be mitigated without the involvement of big emitters and encourages the Commission to set up a common strategy with a view to achieving a global solution involving those countries; recognises that the accrued expertise within the EU, based on our experience with the design and implementation of the ETS, could be of benefit to third countries, and urges the Commission to provide assistance and encouragement to third countries in the setting up and design of their own ETS, with a view to linking such systems to the EU’s; |
| --- | --- |

83.

Takes the view that global climate change challenges cannot be mitigated without the involvement of big emitters and encourages the Commission to set up a common strategy with a view to achieving a global solution involving those countries; recognises that the accrued expertise within the EU, based on our experience with the design and implementation of the ETS, could be of benefit to third countries, and urges the Commission to provide assistance and encouragement to third countries in the setting up and design of their own ETS, with a view to linking such systems to the EU’s;

| 84. | Emphasises Europe’s need for a long-term policy perspective comprising new global partnerships and bilateral cooperation instruments allowing the EU to play a key role in global energy agenda-setting by taking the lead in shaping new market standards and heading international efforts in technology research and innovation in the energy field; |
| --- | --- |

84.

Emphasises Europe’s need for a long-term policy perspective comprising new global partnerships and bilateral cooperation instruments allowing the EU to play a key role in global energy agenda-setting by taking the lead in shaping new market standards and heading international efforts in technology research and innovation in the energy field;

| 85. | Emphasises the need to improve cooperation on R&D&I with third countries with a view to tackling global challenges; believes that the EU should work closely with major third-country exporters of biofuels to ensure that these alternative, clean energy options, which can contribute to diversification of supply, can be truly sustainable, and that indirect land-use change with negative consequences can be avoided; stresses that external sources of biofuels should be subject to the same standards as EU sources, especially environmental and climate standards; believes that the Union should promote the adoption of second- and third-generation biofuel technologies, both internally and externally; |
| --- | --- |

85.

Emphasises the need to improve cooperation on R&D&I with third countries with a view to tackling global challenges; believes that the EU should work closely with major third-country exporters of biofuels to ensure that these alternative, clean energy options, which can contribute to diversification of supply, can be truly sustainable, and that indirect land-use change with negative consequences can be avoided; stresses that external sources of biofuels should be subject to the same standards as EU sources, especially environmental and climate standards; believes that the Union should promote the adoption of second- and third-generation biofuel technologies, both internally and externally;

| 86. | Draws attention to the complex relationship between energy, food supply and security, particularly with regard to biofuels, which may have a negative social and environmental impact on developing countries; believes that the right to food must take precedence over the EU’s renewable energy target for biofuels; |
| --- | --- |

86.

Draws attention to the complex relationship between energy, food supply and security, particularly with regard to biofuels, which may have a negative social and environmental impact on developing countries; believes that the right to food must take precedence over the EU’s renewable energy target for biofuels;

| 87. | Notes that the expansion of agrofuels has relied overwhelmingly on the expansion of large-scale industrial monoculture, thereby extending agricultural practices that are harmful to the environment, biodiversity, soil fertility and water availability; expresses its concern that, by encouraging concentration of land ownership, this expansion of agrofuels may have dramatic consequences in terms of violation of land rights, loss of access to vital natural resources, deforestation and environmental degradation; |
| --- | --- |

87.

Notes that the expansion of agrofuels has relied overwhelmingly on the expansion of large-scale industrial monoculture, thereby extending agricultural practices that are harmful to the environment, biodiversity, soil fertility and water availability; expresses its concern that, by encouraging concentration of land ownership, this expansion of agrofuels may have dramatic consequences in terms of violation of land rights, loss of access to vital natural resources, deforestation and environmental degradation;

| 88. | Expresses its concern at the absence of any binding sustainability criteria for biomass production within the framework of the Renewable Energy Directive (RED); considers, under these circumstances, that bioenergy could play a negative role in the fight against climate change as well as becoming a major additional driver of land grab, food insecurity, deforestation and forest degradation in developing countries; urges the Commission, therefore, to develop legally binding sustainability criteria aimed at preventing negative climate, environmental and social impacts from the production and use of biomass for energy; |
| --- | --- |

88.

Expresses its concern at the absence of any binding sustainability criteria for biomass production within the framework of the Renewable Energy Directive (RED); considers, under these circumstances, that bioenergy could play a negative role in the fight against climate change as well as becoming a major additional driver of land grab, food insecurity, deforestation and forest degradation in developing countries; urges the Commission, therefore, to develop legally binding sustainability criteria aimed at preventing negative climate, environmental and social impacts from the production and use of biomass for energy;

| 89. | Calls on the EU to put in place a policy for sustainable biomass production and its use for energy purposes that meets the requirements of the climate change policy and is also consistent with the Union’s development cooperation policy; |
| --- | --- |

89.

Calls on the EU to put in place a policy for sustainable biomass production and its use for energy purposes that meets the requirements of the climate change policy and is also consistent with the Union’s development cooperation policy;

| 90. | Believes that the EU ought to ensure that energy becomes a key component of its external assistance programmes, as energy access, essential for economic development, remains a challenge in developing countries; |
| --- | --- |

90.

Believes that the EU ought to ensure that energy becomes a key component of its external assistance programmes, as energy access, essential for economic development, remains a challenge in developing countries;

| 91. | Believes that cooperation on the development and deployment of future-oriented energy technologies should be at the centre of the EU’s cooperation with industrialised partners and emerging economies; |
| --- | --- |

91.

Believes that cooperation on the development and deployment of future-oriented energy technologies should be at the centre of the EU’s cooperation with industrialised partners and emerging economies;

| 92. | Takes the view that the EU should place energy matters at the core of European initiatives such as the Eastern Partnership, the Union for the Mediterranean and the European Neighbourhood Policy; |
| --- | --- |

92.

Takes the view that the EU should place energy matters at the core of European initiatives such as the Eastern Partnership, the Union for the Mediterranean and the European Neighbourhood Policy;

| 93. | Calls on the Commission to draw up joint energy roadmaps with all the key energy suppliers and strategically important transit countries, and to establish partnerships with countries facing similar energy challenges and sharing similar values, notably with the aim of promoting technological, research and industrial cooperation, and to set common standards for renewable energy technologies, energy efficiency, electric vehicles, new and unconventional energy technologies and safety of offshore drilling as well as nuclear safety and non-proliferation; |
| --- | --- |

93.

Calls on the Commission to draw up joint energy roadmaps with all the key energy suppliers and strategically important transit countries, and to establish partnerships with countries facing similar energy challenges and sharing similar values, notably with the aim of promoting technological, research and industrial cooperation, and to set common standards for renewable energy technologies, energy efficiency, electric vehicles, new and unconventional energy technologies and safety of offshore drilling as well as nuclear safety and non-proliferation;

| 94. | With the aim of ensuring energy access for all and in line with the Millennium Development Goal, reaffirms the importance of increasing EU FDI in the building and modernisation of energy infrastructure and energy efficiency in developing countries through renewable generation capacity and support for the creation of adequate legislative frameworks to help them diversify their energy-mix while enhancing the protection of European investments in those countries through appropriate legal means; |
| --- | --- |

94.

With the aim of ensuring energy access for all and in line with the Millennium Development Goal, reaffirms the importance of increasing EU FDI in the building and modernisation of energy infrastructure and energy efficiency in developing countries through renewable generation capacity and support for the creation of adequate legislative frameworks to help them diversify their energy-mix while enhancing the protection of European investments in those countries through appropriate legal means;

| 95. | Calls for coordinated action with other technological leaders (e.g. the US and Japan) to address the emerging challenges, such as the shortage of raw materials, including rare earth minerals, that affects the deployment of renewable energy technologies, energy storage and advanced energy applications; |
| --- | --- |

95.

Calls for coordinated action with other technological leaders (e.g. the US and Japan) to address the emerging challenges, such as the shortage of raw materials, including rare earth minerals, that affects the deployment of renewable energy technologies, energy storage and advanced energy applications;

| 96. | Calls for EU Energy Cooperation Programmes with developing countries to facilitate the establishment of a relevant market structure and rules in order to ensure that domestic consumers benefit from renewable energy at an appropriate cost; |
| --- | --- |

96.

Calls for EU Energy Cooperation Programmes with developing countries to facilitate the establishment of a relevant market structure and rules in order to ensure that domestic consumers benefit from renewable energy at an appropriate cost;

| 97. | Considers that the strict nuclear security rules in force in the EU must be reflected in EU strategies with external countries, particularly those neighbouring countries where nuclear power plants which may have a major impact on EU security are already in operation or are planned; |
| --- | --- |

97.

Considers that the strict nuclear security rules in force in the EU must be reflected in EU strategies with external countries, particularly those neighbouring countries where nuclear power plants which may have a major impact on EU security are already in operation or are planned;

| 98. | Welcomes, in this context, the recent commitment of the Transatlantic Economic Council and the EU-US Energy Council to foster cooperation on energy security, smart grid standards, hydrogen and fuel cell technology, renewables and other clean energy technologies, energy efficiency and effective policies for facilitating trade and bringing clean energy technologies to market; calls for the EU-US Energy Council conclusions to be better transmitted to decision-making structures; |
| --- | --- |

98.

Welcomes, in this context, the recent commitment of the Transatlantic Economic Council and the EU-US Energy Council to foster cooperation on energy security, smart grid standards, hydrogen and fuel cell technology, renewables and other clean energy technologies, energy efficiency and effective policies for facilitating trade and bringing clean energy technologies to market; calls for the EU-US Energy Council conclusions to be better transmitted to decision-making structures;

| 99. | Underlines the need to deepen the dialogue on strategic energy issues of mutual interest, foster cooperation on energy policies and strengthen research collaboration with the United States, in particular in the field of energy-efficient technologies of production and transport; calls for the establishment of an Energy Security Partnership with the United States based on the current cooperation within the US-EU Energy Council; |
| --- | --- |

99.

Underlines the need to deepen the dialogue on strategic energy issues of mutual interest, foster cooperation on energy policies and strengthen research collaboration with the United States, in particular in the field of energy-efficient technologies of production and transport; calls for the establishment of an Energy Security Partnership with the United States based on the current cooperation within the US-EU Energy Council;

| 100. | Stresses the need for the Transatlantic Economic Council to foster cooperation on regulatory regimes, sustainable energy research and energy efficiency, fusion research and nuclear safety, amongst other matters, and calls for regular energy dialogues with Russia and other partners to develop and better enforce international rules for safe, secure and efficient energy generation, transmission, transit, storage and processing, as well as bilateral trade in new energy technologies and products such as biofuels; |
| --- | --- |

100.

Stresses the need for the Transatlantic Economic Council to foster cooperation on regulatory regimes, sustainable energy research and energy efficiency, fusion research and nuclear safety, amongst other matters, and calls for regular energy dialogues with Russia and other partners to develop and better enforce international rules for safe, secure and efficient energy generation, transmission, transit, storage and processing, as well as bilateral trade in new energy technologies and products such as biofuels;

| 101. | Calls on the Commission to increase its cooperation with the International Energy Agency, which provides vital information and data for energy planning; believes the EU and all Member States which are not IEA members should accede to the IEA; |
| --- | --- |

101.

Calls on the Commission to increase its cooperation with the International Energy Agency, which provides vital information and data for energy planning; believes the EU and all Member States which are not IEA members should accede to the IEA;

| 102. | Welcomes the EU’s participation in the International Thermonuclear Experimental Reactor (ITER) project and the Generation IV International Forum (GIF); |
| --- | --- |

102.

Welcomes the EU’s participation in the International Thermonuclear Experimental Reactor (ITER) project and the Generation IV International Forum (GIF);

| 103. | Calls on the EU and the Member States to cooperate further with the Organisation for Security and Cooperation in Europe on energy security issues and the protection of critical energy infrastructure; |
| --- | --- |

103.

Calls on the EU and the Member States to cooperate further with the Organisation for Security and Cooperation in Europe on energy security issues and the protection of critical energy infrastructure;

| 104. | Calls on the Council and the Commission to work with the United States and other allies to protect energy infrastructure from cyber-attacks; stresses that as we move towards a ‘smart’ grid, this risk, which traditional security measures cannot prevent, will become even more important in critical infrastructure protection; |
| --- | --- |

104.

Calls on the Council and the Commission to work with the United States and other allies to protect energy infrastructure from cyber-attacks; stresses that as we move towards a ‘smart’ grid, this risk, which traditional security measures cannot prevent, will become even more important in critical infrastructure protection;

| 105. | Welcomes the proposed ‘EU-Southern Mediterranean Energy Partnership’; considers that this partnership should focus on the enormous renewable (solar) energy potential of this region and that it should put in place the necessary measures to help meet the significant energy needs of the Southern Mediterranean countries on the basis of sustainable solutions; |
| --- | --- |

105.

Welcomes the proposed ‘EU-Southern Mediterranean Energy Partnership’; considers that this partnership should focus on the enormous renewable (solar) energy potential of this region and that it should put in place the necessary measures to help meet the significant energy needs of the Southern Mediterranean countries on the basis of sustainable solutions;

| 106. | Reiterates that external energy policy cooperation must contribute to the promotion, not decline, of the core values of the Union, such as respect for human rights, democracy, good governance, the rule of law, social dialogue, mutual respect, responsible use of natural resources, the fight against climate change and the comprehensive protection of the environment, and must promote peace and be coherent with the Union’s foreign policies; |
| --- | --- |

106.

Reiterates that external energy policy cooperation must contribute to the promotion, not decline, of the core values of the Union, such as respect for human rights, democracy, good governance, the rule of law, social dialogue, mutual respect, responsible use of natural resources, the fight against climate change and the comprehensive protection of the environment, and must promote peace and be coherent with the Union’s foreign policies;

| 107. | Calls on the Council and the Commission to set up, in cooperation with the European External Action Service, by the end of 2013, a precise roadmap based on the Commission communication ‘On security of energy supply and international cooperation; the EU Energy Policy: Engaging with Partners beyond our Borders’ (COM(2011)0539), leading to the formation of an effective foreign energy policy with short-, medium- and long-term objectives, targets and steps and a specific time-frame for their implementation; |
| --- | --- |

107.

Calls on the Council and the Commission to set up, in cooperation with the European External Action Service, by the end of 2013, a precise roadmap based on the Commission communication ‘On security of energy supply and international cooperation; the EU Energy Policy: Engaging with Partners beyond our Borders’ (COM(2011)0539), leading to the formation of an effective foreign energy policy with short-, medium- and long-term objectives, targets and steps and a specific time-frame for their implementation;

| 108. | Emphasises the importance of the Black Sea region in terms of diversification of sources and routes, renewable energy potential and its geostrategic location as a gateway to the Caspian sea area, the Middle East and central Asia; believes that the Commission and the Member States should provide assistance for multilateral energy cooperation in the areas of integration of markets, regulatory frameworks and infrastructure; highlights, in this respect, the key importance of the Southern Corridor, the Nabucco project and the Trans-Caspian pipeline, as well as other smaller projects; |
| --- | --- |

108.

Emphasises the importance of the Black Sea region in terms of diversification of sources and routes, renewable energy potential and its geostrategic location as a gateway to the Caspian sea area, the Middle East and central Asia; believes that the Commission and the Member States should provide assistance for multilateral energy cooperation in the areas of integration of markets, regulatory frameworks and infrastructure; highlights, in this respect, the key importance of the Southern Corridor, the Nabucco project and the Trans-Caspian pipeline, as well as other smaller projects;

| 109. | Recognises the contribution of GMES in the identification, from space, of the solar energy resources from which the Earth benefits; mindful that GMES has identified the fact that desert areas receive in one day a greater quantity of solar energy than that consumed by the whole of mankind in one year, calls on the Commission to form partnerships with countries having large desert areas, especially in Africa, and to develop strategies and technologies for the efficient use of this energy potential, including the use of the mechanisms for cooperation and development provided for by the energy and climate change package; |
| --- | --- |

109.

Recognises the contribution of GMES in the identification, from space, of the solar energy resources from which the Earth benefits; mindful that GMES has identified the fact that desert areas receive in one day a greater quantity of solar energy than that consumed by the whole of mankind in one year, calls on the Commission to form partnerships with countries having large desert areas, especially in Africa, and to develop strategies and technologies for the efficient use of this energy potential, including the use of the mechanisms for cooperation and development provided for by the energy and climate change package;

| 110. | Calls for the further extension of membership of the Energy Community Treaty (ECT) to more of the EU’s neighbouring countries, notably those in the Eastern Partnership and the Central Asian republics; emphasises that the Commission should ensure and enforce the timely and strict implementation of EU energy rules by members of the ECT, in particular by making the availability of EU funds contingent on compliance with Treaty obligations; |
| --- | --- |

110.

Calls for the further extension of membership of the Energy Community Treaty (ECT) to more of the EU’s neighbouring countries, notably those in the Eastern Partnership and the Central Asian republics; emphasises that the Commission should ensure and enforce the timely and strict implementation of EU energy rules by members of the ECT, in particular by making the availability of EU funds contingent on compliance with Treaty obligations;

| 111. | Believes that access to sustainable energy is a key driver for development and urges the EU to focus its development activities on assisting developing countries in promoting sustainable energy policies, reform measures, infrastructure development, favourable investment conditions and energy efficiency; |
| --- | --- |

111.

Believes that access to sustainable energy is a key driver for development and urges the EU to focus its development activities on assisting developing countries in promoting sustainable energy policies, reform measures, infrastructure development, favourable investment conditions and energy efficiency;

| 112. | Calls for a special energy dialogue with the countries of the Caspian region, and welcomes the work on a Caspian Development Corporation; asks the Commission to continue working to strengthen the EU’s relations with Azerbaijan and Turkmenistan; |
| --- | --- |

112.

Calls for a special energy dialogue with the countries of the Caspian region, and welcomes the work on a Caspian Development Corporation; asks the Commission to continue working to strengthen the EU’s relations with Azerbaijan and Turkmenistan;

| 113. | Maintains that the EU’s external energy policy priorities should be appropriately reflected in the post-2013 external financial instruments; |
| --- | --- |

113.

Maintains that the EU’s external energy policy priorities should be appropriately reflected in the post-2013 external financial instruments;

| 114. | Emphasises the importance of cooperation within the Eastern Partnership Energy Security Platform in order to promote the introduction of European standards in energy policy and regulation and support the development of infrastructure and interconnections, energy efficiency and the use of renewables; welcomes the Eastern European Energy Efficiency and Environment Partnership (E5P) initiative, and expects this initiative to shortly involve other Eastern Partnership countries in addition to Ukraine; |
| --- | --- |

114.

Emphasises the importance of cooperation within the Eastern Partnership Energy Security Platform in order to promote the introduction of European standards in energy policy and regulation and support the development of infrastructure and interconnections, energy efficiency and the use of renewables; welcomes the Eastern European Energy Efficiency and Environment Partnership (E5P) initiative, and expects this initiative to shortly involve other Eastern Partnership countries in addition to Ukraine;

| 115. | Recalls the recent tensions in the Eastern Mediterranean over the existence of hydrocarbons; points out that energy should be used as a means of promoting peace, cooperation and stability in the region; |
| --- | --- |

115.

Recalls the recent tensions in the Eastern Mediterranean over the existence of hydrocarbons; points out that energy should be used as a means of promoting peace, cooperation and stability in the region;

*

* *

| 116. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

116.

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

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

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Wednesday 13 June 2012

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/42 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/42

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Wednesday 13 June 2012Multiannual financial framework and own resources

P7_TA(2012)0245

European Parliament resolution of 13 June 2012 on the Multiannual Financial Framework and own resources (2012/2678(RSP))

2013/C 332 E/05

The European Parliament,

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1),

| — | having regard to the Treaty on the Functioning of the European Union and, in particular, Articles 311 and 312 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union and, in particular, Articles 311 and 312 thereof,

| — | having regard to its resolution of 8 June 2011 on investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe (2), |
| --- | --- |

—

having regard to its resolution of 8 June 2011 on investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe (2),

| — | having regard to the Commission proposals of 29 June 2011 entitled ‘A Budget for Europe 2020’, |
| --- | --- |

—

having regard to the Commission proposals of 29 June 2011 entitled ‘A Budget for Europe 2020’,

| — | having regard to Rule 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) of its Rules of Procedure,

| A. | whereas, pursuant to Article 312(2) of the Treaty on the Functioning of the European Union (TFEU), the Council is required to adopt a regulation laying down the MFF, acting unanimously, after obtaining the consent of Parliament; |
| --- | --- |

A.

whereas, pursuant to Article 312(2) of the Treaty on the Functioning of the European Union (TFEU), the Council is required to adopt a regulation laying down the MFF, acting unanimously, after obtaining the consent of Parliament;

| B. | whereas, pursuant to Article 311 TFEU, the Union must provide itself with the means necessary to attain its objectives and carry through its policies, and is to be financed wholly from own resources; |
| --- | --- |

B.

whereas, pursuant to Article 311 TFEU, the Union must provide itself with the means necessary to attain its objectives and carry through its policies, and is to be financed wholly from own resources;

| C. | whereas the Danish Presidency-in-Office is aiming to submit to the June European Council a ‘negotiating box’ putting forward options for all aspects of the negotiations, including the revenue side but excluding any figures at this stage; |
| --- | --- |

C.

whereas the Danish Presidency-in-Office is aiming to submit to the June European Council a ‘negotiating box’ putting forward options for all aspects of the negotiations, including the revenue side but excluding any figures at this stage;

| D. | whereas, in its aforementioned resolution of 8 June 2011, it established its political priorities for the next MFF, in both legislative terms and budgetary terms, providing a sound basis for negotiations; |
| --- | --- |

D.

whereas, in its aforementioned resolution of 8 June 2011, it established its political priorities for the next MFF, in both legislative terms and budgetary terms, providing a sound basis for negotiations;

| E. | whereas the multiannual programmes relating to the next MFF will be adopted by Parliament and the Council under the ordinary legislative procedure; |
| --- | --- |

E.

whereas the multiannual programmes relating to the next MFF will be adopted by Parliament and the Council under the ordinary legislative procedure;

| F. | whereas it has repeatedly called for the creation of new and genuine own resources; |
| --- | --- |

F.

whereas it has repeatedly called for the creation of new and genuine own resources;

| 1. | Stresses that the EU budget is an investment budget with a strong leverage effect, given that 94 % of its appropriations are dedicated to stimulating economic growth and jobs and the Union’s role as a global actor; stresses that despite its limited size – only 2 % of public expenditure in the Union – the EU budget pools resources, acts as a catalyst and provides economies of scale and cross-border effects to achieve commonly agreed EU political objectives; is strongly convinced that the EU budget represents a very strong tool to increase strategic investment with European added value and put the European economy back on track, generating growth and employment while aiming to foster economic and social cohesion throughout the Union; stresses, therefore, that the EU budget needs to play a strategic role, in parallel with the budgetary consolidation measures currently imposed on national budgets; |
| --- | --- |

1.

Stresses that the EU budget is an investment budget with a strong leverage effect, given that 94 % of its appropriations are dedicated to stimulating economic growth and jobs and the Union’s role as a global actor; stresses that despite its limited size – only 2 % of public expenditure in the Union – the EU budget pools resources, acts as a catalyst and provides economies of scale and cross-border effects to achieve commonly agreed EU political objectives; is strongly convinced that the EU budget represents a very strong tool to increase strategic investment with European added value and put the European economy back on track, generating growth and employment while aiming to foster economic and social cohesion throughout the Union; stresses, therefore, that the EU budget needs to play a strategic role, in parallel with the budgetary consolidation measures currently imposed on national budgets;

| 2. | Recalls that it adopted by an overwhelming majority the report of the Special committee on the Policy challenges and budgetary resources for a sustainable European Union after 2013 (SURE) in its resolution of 8 June 2011, the contents of which remain fully valid and which is to be seen as its negotiating position for the next MFF 2014-2020; restates that it will not be possible to meet the political goals of the Union without adequate financing from a robust EU budget; stresses that the Europe 2020 Strategy, endorsed by all 27 Member States, should help the Union recover from the crisis and emerge stronger through job creation and smart, sustainable and inclusive growth; reaffirms its position against any proposal that would not allow the Union to fulfil its role and meet the political commitments already made or to respond to new responsibilities; |
| --- | --- |

2.

Recalls that it adopted by an overwhelming majority the report of the Special committee on the Policy challenges and budgetary resources for a sustainable European Union after 2013 (SURE) in its resolution of 8 June 2011, the contents of which remain fully valid and which is to be seen as its negotiating position for the next MFF 2014-2020; restates that it will not be possible to meet the political goals of the Union without adequate financing from a robust EU budget; stresses that the Europe 2020 Strategy, endorsed by all 27 Member States, should help the Union recover from the crisis and emerge stronger through job creation and smart, sustainable and inclusive growth; reaffirms its position against any proposal that would not allow the Union to fulfil its role and meet the political commitments already made or to respond to new responsibilities;

| 3. | Insists that the EU budget should show an appropriate balance between revenue from genuine own resources and expenditure as required by the Treaty; states that it is not prepared to give its consent to the next MFF regulation without political agreement on reform of the own-resources system, putting an end to existing rebates and other correction mechanisms and leading to more transparency, fairness and sustainability; welcomes the legislative proposals made by the Commission on 29 June 2011 on the reform of the own-resources system, including the proposals on a financial transaction tax (FTT) and a new EU VAT as own resources, which are aimed at reducing the share of Member States’ GNI-based contributions to the EU budget to 40 % by 2020, thereby contributing to the consolidation efforts of Member States; |
| --- | --- |

3.

Insists that the EU budget should show an appropriate balance between revenue from genuine own resources and expenditure as required by the Treaty; states that it is not prepared to give its consent to the next MFF regulation without political agreement on reform of the own-resources system, putting an end to existing rebates and other correction mechanisms and leading to more transparency, fairness and sustainability; welcomes the legislative proposals made by the Commission on 29 June 2011 on the reform of the own-resources system, including the proposals on a financial transaction tax (FTT) and a new EU VAT as own resources, which are aimed at reducing the share of Member States’ GNI-based contributions to the EU budget to 40 % by 2020, thereby contributing to the consolidation efforts of Member States;

| 4. | In view of the macro-economic environment and the challenges of the changing world and with a view to better and more efficient use of the EU funds, insists that the MFF 2014-2020 must provide enhanced budgetary flexibility both within and across headings, as well as between financial years within the MFF, in order to ensure that budgetary resources can be appropriately aligned with evolving circumstances and priorities; insists on the principle of unity of the EU budget, stressing that all EU policies and programmes should be included within the MFF with appropriate funding, thus contributing to transparency, predictability and accountability; |
| --- | --- |

4.

In view of the macro-economic environment and the challenges of the changing world and with a view to better and more efficient use of the EU funds, insists that the MFF 2014-2020 must provide enhanced budgetary flexibility both within and across headings, as well as between financial years within the MFF, in order to ensure that budgetary resources can be appropriately aligned with evolving circumstances and priorities; insists on the principle of unity of the EU budget, stressing that all EU policies and programmes should be included within the MFF with appropriate funding, thus contributing to transparency, predictability and accountability;

| 5. | Strongly demands that political positions agreed by the European Council be negotiated between Parliament and the Council, as represented by the General Affairs Council, before the Council formally submits its proposals with a view to obtaining Parliament’s consent on the MFF regulation pursuant to Article 312 TFEU; stresses that the negotiations on the legislative proposals relating to the multiannual programmes will be pursued under the ordinary legislative procedure and will be finalised once an agreement on their financial envelopes is reached; is determined to make full use, as appropriate, of its consent and ordinary legislative powers, as enshrined in the Treaty; |
| --- | --- |

5.

Strongly demands that political positions agreed by the European Council be negotiated between Parliament and the Council, as represented by the General Affairs Council, before the Council formally submits its proposals with a view to obtaining Parliament’s consent on the MFF regulation pursuant to Article 312 TFEU; stresses that the negotiations on the legislative proposals relating to the multiannual programmes will be pursued under the ordinary legislative procedure and will be finalised once an agreement on their financial envelopes is reached; is determined to make full use, as appropriate, of its consent and ordinary legislative powers, as enshrined in the Treaty;

| 6. | Emphasises that the goals and policies of the MFF should be agreed before figures are assigned to them, and stresses that Parliament and the Council should hold fully fledged negotiations on all MFF-related aspects prior to assigning figures and making final adjustments to the entire MFF package; adheres to the principle that ‘nothing is agreed until everything is agreed’ as an appropriate working method; |
| --- | --- |

6.

Emphasises that the goals and policies of the MFF should be agreed before figures are assigned to them, and stresses that Parliament and the Council should hold fully fledged negotiations on all MFF-related aspects prior to assigning figures and making final adjustments to the entire MFF package; adheres to the principle that ‘nothing is agreed until everything is agreed’ as an appropriate working method;

| 7. | Instructs its President to forward this resolution to the European Council, the Council, the Commission, the national parliaments and governments of the Member States, and the other institutions and bodies concerned. |
| --- | --- |

7.

Instructs its President to forward this resolution to the European Council, the Council, the Commission, the national parliaments and governments of the Member States, and the other institutions and bodies concerned.

---

(1)  OJ C 139, 14.6.2006, p. 1.

(2)  Texts adopted, P7_TA(2011)0266.

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| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/44

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Wednesday 13 June 2012EU trade negotiations with Japan

P7_TA(2012)0246

European Parliament resolution of 13 June 2012 on EU trade negotiations with Japan (2012/2651(RSP))

2013/C 332 E/06

The European Parliament,

| — | having regard to Article 3(1)(e) of the Treaty on the Functioning of the European Union (TFEU), |
| --- | --- |

—

having regard to Article 3(1)(e) of the Treaty on the Functioning of the European Union (TFEU),

| — | having regard to Article 218(2) and (10) TFEU, |
| --- | --- |

—

having regard to Article 218(2) and (10) TFEU,

| — | having regard to the report by Copenhagen Economics entitled ‘Assessment of barriers to trade and investment between the EU and Japan’, published on 30 November 2009, |
| --- | --- |

—

having regard to the report by Copenhagen Economics entitled ‘Assessment of barriers to trade and investment between the EU and Japan’, published on 30 November 2009,

| — | having regard to the joint statement adopted at the 19th EU-Japan Summit held in Tokyo on 28 April 2010, |
| --- | --- |

—

having regard to the joint statement adopted at the 19th EU-Japan Summit held in Tokyo on 28 April 2010,

| — | having regard to the results of the Commission’s public consultation on EU-Japan trade relations, published on 21 February 2011, |
| --- | --- |

—

having regard to the results of the Commission’s public consultation on EU-Japan trade relations, published on 21 February 2011,

| — | having regard to the European Council conclusions of 24 and 25 March 2011, |
| --- | --- |

—

having regard to the European Council conclusions of 24 and 25 March 2011,

| — | having regard to its resolution of 11 May 2011 on EU-Japan trade relations (1), |
| --- | --- |

—

having regard to its resolution of 11 May 2011 on EU-Japan trade relations (1),

| — | having regard to the joint statement adopted at the 20th EU-Japan Summit held in Brussels on 28 May 2011, |
| --- | --- |

—

having regard to the joint statement adopted at the 20th EU-Japan Summit held in Brussels on 28 May 2011,

| — | having regard to Rules 90(2) and 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 90(2) and 110(2) of its Rules of Procedure,

| A. | whereas both the Council and the Commission have noted that Japan’s capacity to remove regulatory barriers to trade is a precondition for launching negotiations on the EU-Japan trade agreement, thus fostering closer economic integration between the two strategic trading partners; |
| --- | --- |

A.

whereas both the Council and the Commission have noted that Japan’s capacity to remove regulatory barriers to trade is a precondition for launching negotiations on the EU-Japan trade agreement, thus fostering closer economic integration between the two strategic trading partners;

| B. | whereas at the 20th EU-Japan Summit held on 28 May 2011 in Brussels, the summit leaders decided that the two sides would start discussions with a view to defining the scope and level of ambition of such negotiations; |
| --- | --- |

B.

whereas at the 20th EU-Japan Summit held on 28 May 2011 in Brussels, the summit leaders decided that the two sides would start discussions with a view to defining the scope and level of ambition of such negotiations;

| C. | whereas a Scoping Group has been set up to assess the shared understanding on the scope and level of ambition of the potential trade negotiations between Japan and the EU; |
| --- | --- |

C.

whereas a Scoping Group has been set up to assess the shared understanding on the scope and level of ambition of the potential trade negotiations between Japan and the EU;

| 1. | Asks the Council not to authorise the opening of trade negotiations until Parliament has stated its position on the proposed negotiating mandate, on the basis of a report by the committee responsible; |
| --- | --- |

1.

Asks the Council not to authorise the opening of trade negotiations until Parliament has stated its position on the proposed negotiating mandate, on the basis of a report by the committee responsible;

| 2. | Instructs its President to forward this resolution to the Council and Commission for information. |
| --- | --- |

2.

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

---

(1)  Texts adopted, P7_TA(2011)0225.

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Wednesday 13 June 2012Guinea-Bissau

P7_TA(2012)0247

European Parliament resolution of 13 June 2012 on the military coup in Guinea-Bissau (2012/2660(RSP))

2013/C 332 E/07

The European Parliament,

| — | having regard to the first round of the presidential elections of 18 March 2012 and the second round scheduled for 29 April 2012 in Guinea-Bissau, |
| --- | --- |

—

having regard to the first round of the presidential elections of 18 March 2012 and the second round scheduled for 29 April 2012 in Guinea-Bissau,

| — | having regard to the statements of the United Nations (UN) Security Council of 31 March, 13 and 21 April and 8 May 2012 and its resolution 2048 of 18 May 2012, |
| --- | --- |

—

having regard to the statements of the United Nations (UN) Security Council of 31 March, 13 and 21 April and 8 May 2012 and its resolution 2048 of 18 May 2012,

| — | having regard to the statements by the President of the Commission of the Economic Community of West African States (ECOWAS) of 6, 12 and 19 April 2012, |
| --- | --- |

—

having regard to the statements by the President of the Commission of the Economic Community of West African States (ECOWAS) of 6, 12 and 19 April 2012,

| — | having regard to the statements by the Vice-President / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) of 12 and 14 April 2012, |
| --- | --- |

—

having regard to the statements by the Vice-President / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) of 12 and 14 April 2012,

| — | having regard to statements by the UN Secretary General of 13 and 16 April 2012, |
| --- | --- |

—

having regard to statements by the UN Secretary General of 13 and 16 April 2012,

| — | having regard to the statement by the President of the European Commission of 13 April 2012, |
| --- | --- |

—

having regard to the statement by the President of the European Commission of 13 April 2012,

| — | having regard to the statement by the Presidency of the Community of Portuguese Speaking Countries (CPLP) of 13 April 2012, |
| --- | --- |

—

having regard to the statement by the Presidency of the Community of Portuguese Speaking Countries (CPLP) of 13 April 2012,

| — | having regard to the resolutions of the eighth and ninth Extraordinary Meetings of the Council of Ministers of the CPLP of 14 April and 5 May 2012, |
| --- | --- |

—

having regard to the resolutions of the eighth and ninth Extraordinary Meetings of the Council of Ministers of the CPLP of 14 April and 5 May 2012,

| — | having regard to the statement by the Secretary General of the International Organisation of the Francophonie (OIF) of 16 April 2012, |
| --- | --- |

—

having regard to the statement by the Secretary General of the International Organisation of the Francophonie (OIF) of 16 April 2012,

| — | having regard to the decisions of the Peace and Security Council of the African Union (AU) of 17 and 24 April 2012, |
| --- | --- |

—

having regard to the decisions of the Peace and Security Council of the African Union (AU) of 17 and 24 April 2012,

| — | having regard to the decision of the Permanent Council of the OIF of 18 April 2012, |
| --- | --- |

—

having regard to the decision of the Permanent Council of the OIF of 18 April 2012,

| — | having regard to the joint statement of the African Development Bank Group (AfDB) and the World Bank Group (WBG) of 19 April 2012, |
| --- | --- |

—

having regard to the joint statement of the African Development Bank Group (AfDB) and the World Bank Group (WBG) of 19 April 2012,

| — | having regard to the conclusions of the Council of the European Union of 23 April and 3 May 2012, |
| --- | --- |

—

having regard to the conclusions of the Council of the European Union of 23 April and 3 May 2012,

| — | having regard to the Final Communiqués of the Extraordinary Summit of ECOWAS Heads of State and Government of 26 April and 3 May 2012, |
| --- | --- |

—

having regard to the Final Communiqués of the Extraordinary Summit of ECOWAS Heads of State and Government of 26 April and 3 May 2012,

| — | having regard to the diplomatic, economic and financial sanctions on Guinea-Bissau imposed by ECOWAS on 29 April and 31 May 2012, |
| --- | --- |

—

having regard to the diplomatic, economic and financial sanctions on Guinea-Bissau imposed by ECOWAS on 29 April and 31 May 2012,

| — | having regard to the special report of the UN Secretary-General of 30 April 2012, |
| --- | --- |

—

having regard to the special report of the UN Secretary-General of 30 April 2012,

| — | having regard to Council Regulation (EU) No 377/2012 of 3 May 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau and to Council Implementing Regulation (EU) No 458/2012 of 31 May 2012 implementing Article 11(1) of Regulation (EU) No 377/2012, |
| --- | --- |

—

having regard to Council Regulation (EU) No 377/2012 of 3 May 2012 concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau and to Council Implementing Regulation (EU) No 458/2012 of 31 May 2012 implementing Article 11(1) of Regulation (EU) No 377/2012,

| — | having regard to the Declaration by the Presidency on behalf of the European Union of 18 May 2012, |
| --- | --- |

—

having regard to the Declaration by the Presidency on behalf of the European Union of 18 May 2012,

| — | having regard to its resolutions of 12 March 2009 on Guinea-Bissau (1), 10 March 2010 on the Implementation of the European Security Strategy and the Common Security and Defence Policy (CSDP) (2) and 11 May 2011 on the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy in 2009 (3), |
| --- | --- |

—

having regard to its resolutions of 12 March 2009 on Guinea-Bissau (1), 10 March 2010 on the Implementation of the European Security Strategy and the Common Security and Defence Policy (CSDP) (2) and 11 May 2011 on the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy in 2009 (3),

| — | having regard to the Cotonou Agreement, specifically to articles 1, 8, 9, 10, 11, 20 and 33, |
| --- | --- |

—

having regard to the Cotonou Agreement, specifically to articles 1, 8, 9, 10, 11, 20 and 33,

| — | 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 on 12 April 2012, members of the armed forces forcibly seized power in Guinea-Bissau and held both the interim President, Raimundo Pereira, and the Prime Minister, Carlos Gomes Júnior; |
| --- | --- |

A.

whereas on 12 April 2012, members of the armed forces forcibly seized power in Guinea-Bissau and held both the interim President, Raimundo Pereira, and the Prime Minister, Carlos Gomes Júnior;

| B. | whereas this illegitimate action occurred the day before the beginning of the electoral campaign for the second round of the presidential elections in Guinea-Bissau; |
| --- | --- |

B.

whereas this illegitimate action occurred the day before the beginning of the electoral campaign for the second round of the presidential elections in Guinea-Bissau;

| C. | whereas the transparency of the electoral process in Guinea-Bissau, in which Prime Minister Gomes Júnior had obtained 48,7 % of the votes in the first round, has been nationally and internationally recognised; |
| --- | --- |

C.

whereas the transparency of the electoral process in Guinea-Bissau, in which Prime Minister Gomes Júnior had obtained 48,7 % of the votes in the first round, has been nationally and internationally recognised;

| D. | whereas the military coup was widely condemned by the international community; |
| --- | --- |

D.

whereas the military coup was widely condemned by the international community;

| E. | whereas, under the auspices of ECOWAS, the military leaders and certain opposition parties have agreed to the establishment of a Transitional National Council and a Transitional Government without the free consent of the country’s legitimate political institutions; |
| --- | --- |

E.

whereas, under the auspices of ECOWAS, the military leaders and certain opposition parties have agreed to the establishment of a Transitional National Council and a Transitional Government without the free consent of the country’s legitimate political institutions;

| F. | whereas Guinea-Bissau’s decades of political instability have led the country into a deep political, governance and humanitarian crisis; |
| --- | --- |

F.

whereas Guinea-Bissau’s decades of political instability have led the country into a deep political, governance and humanitarian crisis;

| G. | whereas the military leadership of Guinea-Bissau has repeatedly and intolerably interfered in the country’s political life and these interferences have had an extremely negative impact on the processes of institutionalisation of democracy and the establishment of the rule of law, the safety of the population and the development of the economy; |
| --- | --- |

G.

whereas the military leadership of Guinea-Bissau has repeatedly and intolerably interfered in the country’s political life and these interferences have had an extremely negative impact on the processes of institutionalisation of democracy and the establishment of the rule of law, the safety of the population and the development of the economy;

| H. | whereas the instability in Guinea-Bissau not only prevents an effective fight against drug trafficking but also poses a threat to the consolidation of peace in the country and to the stability of the West African region; |
| --- | --- |

H.

whereas the instability in Guinea-Bissau not only prevents an effective fight against drug trafficking but also poses a threat to the consolidation of peace in the country and to the stability of the West African region;

| I. | whereas the European Union’s total allocation foreseen for Guinea-Bissau under the 10th European Development Fund (2008-2013) amounts to EUR 102,8 million; |
| --- | --- |

I.

whereas the European Union’s total allocation foreseen for Guinea-Bissau under the 10th European Development Fund (2008-2013) amounts to EUR 102,8 million;

| J. | whereas Guinea-Bissau’s economy is one of the poorest and most dependent of all in the West African region and international aid accounts for 80 % of its national budget; |
| --- | --- |

J.

whereas Guinea-Bissau’s economy is one of the poorest and most dependent of all in the West African region and international aid accounts for 80 % of its national budget;

| K. | whereas the current political situation in the country diverts attention from the needs of the population and from the growth of the humanitarian crisis therein; |
| --- | --- |

K.

whereas the current political situation in the country diverts attention from the needs of the population and from the growth of the humanitarian crisis therein;

| L. | whereas the EU’s security sector reform (SSR) mission in Guinea-Bissau launched in June 2008 and conducted under the Common Security and Defence Policy considered on 30 September 2010 its mandate as completed and left the country; |
| --- | --- |

L.

whereas the EU’s security sector reform (SSR) mission in Guinea-Bissau launched in June 2008 and conducted under the Common Security and Defence Policy considered on 30 September 2010 its mandate as completed and left the country;

| 1. | Condemns in the strongest terms the unconstitutional seizure of power by the armed forces of Guinea-Bissau on 12 April 2012; |
| --- | --- |

1.

Condemns in the strongest terms the unconstitutional seizure of power by the armed forces of Guinea-Bissau on 12 April 2012;

| 2. | Takes note of the release of the interim President and the Prime Minister on 27 April 2012 and of the fact that they were forced to leave the country and demands that both be allowed freely to resume the full exercise of their civil and political rights; |
| --- | --- |

2.

Takes note of the release of the interim President and the Prime Minister on 27 April 2012 and of the fact that they were forced to leave the country and demands that both be allowed freely to resume the full exercise of their civil and political rights;

| 3. | Demands absolute respect for the physical integrity of all public officials and other citizens being held by the military rebels and calls for their unconditional release and an end to violence, pillaging and intimidation; |
| --- | --- |

3.

Demands absolute respect for the physical integrity of all public officials and other citizens being held by the military rebels and calls for their unconditional release and an end to violence, pillaging and intimidation;

| 4. | Condemns the violent repression of peaceful demonstrations calling for the restoration of the rule of law, in particular that which took place on 25 May 2012 in Bissau; |
| --- | --- |

4.

Condemns the violent repression of peaceful demonstrations calling for the restoration of the rule of law, in particular that which took place on 25 May 2012 in Bissau;

| 5. | Urges all those involved to immediately stop their violent and illegal actions and recalls the army’s pledge to abide by Guinea-Bissau’s constitution; |
| --- | --- |

5.

Urges all those involved to immediately stop their violent and illegal actions and recalls the army’s pledge to abide by Guinea-Bissau’s constitution;

| 6. | Calls on the international community to exert all the necessary influence and to provide all the support required to ensure there is a thorough investigation of these unlawful actions and that those responsible are brought to justice; |
| --- | --- |

6.

Calls on the international community to exert all the necessary influence and to provide all the support required to ensure there is a thorough investigation of these unlawful actions and that those responsible are brought to justice;

| 7. | Rejects the establishment of the self-styled ‘Military Command’, ‘Transitional National Council’ and ‘Transitional Government’ stresses that it does not recognise self-appointed military and transitional institutions and urges the international community to act likewise; |
| --- | --- |

7.

Rejects the establishment of the self-styled ‘Military Command’, ‘Transitional National Council’ and ‘Transitional Government’ stresses that it does not recognise self-appointed military and transitional institutions and urges the international community to act likewise;

| 8. | Recalls and subscribes to ECOWAS’s principle of zero tolerance for power obtained or maintained by unconstitutional and undemocratic means and considers that the transitional agreement in Guinea-Bissau blatantly contradicts this principle, violates the country’s constitution and legitimises the coup d’état; |
| --- | --- |

8.

Recalls and subscribes to ECOWAS’s principle of zero tolerance for power obtained or maintained by unconstitutional and undemocratic means and considers that the transitional agreement in Guinea-Bissau blatantly contradicts this principle, violates the country’s constitution and legitimises the coup d’état;

| 9. | Demands the immediate reinstatement of the constitutional order and the rule of law and the conclusion of the electoral process, including the legislative elections, so as to enable the people of Guinea-Bissau to decide on their future by free and fair elections; |
| --- | --- |

9.

Demands the immediate reinstatement of the constitutional order and the rule of law and the conclusion of the electoral process, including the legislative elections, so as to enable the people of Guinea-Bissau to decide on their future by free and fair elections;

| 10. | Rejects any outside attempts to exploit the present situation and hence to undermine the sovereignty of Guinea-Bissau’s people and the territorial integrity and independence of Guinea-Bissau; |
| --- | --- |

10.

Rejects any outside attempts to exploit the present situation and hence to undermine the sovereignty of Guinea-Bissau’s people and the territorial integrity and independence of Guinea-Bissau;

| 11. | Demands the full restoration and guarantee of fundamental freedoms, including freedom of expression and the press, freedom of assembly and association and freedom of movement; |
| --- | --- |

11.

Demands the full restoration and guarantee of fundamental freedoms, including freedom of expression and the press, freedom of assembly and association and freedom of movement;

| 12. | Calls for the resolution of disputes by political and peaceful means within the framework of Guinea-Bissau’s legitimate institutions; |
| --- | --- |

12.

Calls for the resolution of disputes by political and peaceful means within the framework of Guinea-Bissau’s legitimate institutions;

| 13. | Calls on the political parties to reach a consensus on a comprehensive reform process for the army, police, the security sector and the justice system as a first step towards political stability; |
| --- | --- |

13.

Calls on the political parties to reach a consensus on a comprehensive reform process for the army, police, the security sector and the justice system as a first step towards political stability;

| 14. | Supports national and international efforts aiming to restore confidence among political actors, military and security forces and civil society in order to return the country to constitutional normality; |
| --- | --- |

14.

Supports national and international efforts aiming to restore confidence among political actors, military and security forces and civil society in order to return the country to constitutional normality;

| 15. | Reiterates its firm conviction that there is a danger that Guinea-Bissau will remain militarily unstable and unable to cope with rampant corruption or change its status as a key drugs transit country as long as its institutions remain structurally weak; |
| --- | --- |

15.

Reiterates its firm conviction that there is a danger that Guinea-Bissau will remain militarily unstable and unable to cope with rampant corruption or change its status as a key drugs transit country as long as its institutions remain structurally weak;

| 16. | Underlines the importance of the establishment of a ‘Crisis Contact Group’ for Guinea-Bissau under the coordination of the UN, with representatives of the African Union (AU), ECOWAS and the CPLP, as referred to in the special report of the UN Secretary-General of 30 April 2012 on the situation in Guinea-Bissau, and calls for the EU to be involved in the Group; |
| --- | --- |

16.

Underlines the importance of the establishment of a ‘Crisis Contact Group’ for Guinea-Bissau under the coordination of the UN, with representatives of the African Union (AU), ECOWAS and the CPLP, as referred to in the special report of the UN Secretary-General of 30 April 2012 on the situation in Guinea-Bissau, and calls for the EU to be involved in the Group;

| 17. | Supports the EU’s willingness to cooperate with West African states and its regional and international partners, including the UN, AU, CPLP and ECOWAS, with a view to establishing an effective partnership that can contribute to peacemaking and the long-term stabilisation of Guinea-Bissau; |
| --- | --- |

17.

Supports the EU’s willingness to cooperate with West African states and its regional and international partners, including the UN, AU, CPLP and ECOWAS, with a view to establishing an effective partnership that can contribute to peacemaking and the long-term stabilisation of Guinea-Bissau;

| 18. | Welcomes the unfortunate but necessary diplomatic, economic and financial sanctions imposed on Guinea-Bissau by ECOWAS, the restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau adopted by the Council of the European Union and the travel ban against certain individuals imposed by the UN Security Council; |
| --- | --- |

18.

Welcomes the unfortunate but necessary diplomatic, economic and financial sanctions imposed on Guinea-Bissau by ECOWAS, the restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau adopted by the Council of the European Union and the travel ban against certain individuals imposed by the UN Security Council;

| 19. | Calls on continuous and close monitoring of the situation in Guinea-Bissau by all international partners and for these to be prepared to review the appropriateness of the measures adopted, including the need for them to be increased, while doing their utmost to avoid any negative effects on the population; |
| --- | --- |

19.

Calls on continuous and close monitoring of the situation in Guinea-Bissau by all international partners and for these to be prepared to review the appropriateness of the measures adopted, including the need for them to be increased, while doing their utmost to avoid any negative effects on the population;

| 20. | Takes note of the decision by ECOWAS to deploy its standby force to secure the withdrawal of the Angolan Technical Military Assistance Mission (MISSANG) and of the arrival of its first contingent in Guinea-Bissau; |
| --- | --- |

20.

Takes note of the decision by ECOWAS to deploy its standby force to secure the withdrawal of the Angolan Technical Military Assistance Mission (MISSANG) and of the arrival of its first contingent in Guinea-Bissau;

| 21. | Welcomes the CPLP’s proposal to constitute a stabilisation force for Guinea-Bissau within the UN framework and with a mandate defined by the UN Security Council, in conjunction with ECOWAS, the AU and the EU, taking into account the experience of MISSANG; |
| --- | --- |

21.

Welcomes the CPLP’s proposal to constitute a stabilisation force for Guinea-Bissau within the UN framework and with a mandate defined by the UN Security Council, in conjunction with ECOWAS, the AU and the EU, taking into account the experience of MISSANG;

| 22. | Calls on the Council to provide advice and assistance in support of the urgent defence and security sectors reform in Guinea-Bissau and to consider effectively supporting the deployment of an international stabilisation operation within the framework of the CSDP; |
| --- | --- |

22.

Calls on the Council to provide advice and assistance in support of the urgent defence and security sectors reform in Guinea-Bissau and to consider effectively supporting the deployment of an international stabilisation operation within the framework of the CSDP;

| 23. | Encourages the EU, the UN, the AU, ECOWAS and the CPLP to jointly coordinate the various military forces of neighbouring countries that are already in place, including those of Angola, Nigeria, Senegal and Burkina Faso; |
| --- | --- |

23.

Encourages the EU, the UN, the AU, ECOWAS and the CPLP to jointly coordinate the various military forces of neighbouring countries that are already in place, including those of Angola, Nigeria, Senegal and Burkina Faso;

| 24. | Calls on the EU to request the authorities of those countries providing military and security forces – all ACP partners – to ensure that they will not be used to support the illegitimate order sought by the authors of the coup and the self-styled transitional authorities or to perpetrate abuses of human rights against the people of Guinea-Bissau; |
| --- | --- |

24.

Calls on the EU to request the authorities of those countries providing military and security forces – all ACP partners – to ensure that they will not be used to support the illegitimate order sought by the authors of the coup and the self-styled transitional authorities or to perpetrate abuses of human rights against the people of Guinea-Bissau;

| 25. | Regrets the termination of the SSR mission in Guinea-Bissau in 2010; |
| --- | --- |

25.

Regrets the termination of the SSR mission in Guinea-Bissau in 2010;

| 26. | Invites the HR/VP and the Council to study the possibility of sending a new SSR mission to Guinea-Bissau, with a strengthened mandate to help reform the security and defence sectors, promote capacity-building, reform public administration and support the rule of law, as soon as the legitimate authorities recover the full exercise of governance in Guinea-Bissau and request such a mission; |
| --- | --- |

26.

Invites the HR/VP and the Council to study the possibility of sending a new SSR mission to Guinea-Bissau, with a strengthened mandate to help reform the security and defence sectors, promote capacity-building, reform public administration and support the rule of law, as soon as the legitimate authorities recover the full exercise of governance in Guinea-Bissau and request such a mission;

| 27. | Urges once more the Council and the VP/HR to consider new ways to help the legitimate government of Guinea-Bissau to fight drug trafficking and organised crime, thereby preventing that country from becoming another failed narco-state; |
| --- | --- |

27.

Urges once more the Council and the VP/HR to consider new ways to help the legitimate government of Guinea-Bissau to fight drug trafficking and organised crime, thereby preventing that country from becoming another failed narco-state;

| 28. | Recalls that drug trafficking in Guinea-Bissau is channelled towards the European market and is linked with other criminal networks operating in the region, including those of terrorism in the Sahel and Nigeria in particular; |
| --- | --- |

28.

Recalls that drug trafficking in Guinea-Bissau is channelled towards the European market and is linked with other criminal networks operating in the region, including those of terrorism in the Sahel and Nigeria in particular;

| 29. | Calls for the strengthening of EU and international commitment to building a democratic and stable Guinea-Bissau; |
| --- | --- |

29.

Calls for the strengthening of EU and international commitment to building a democratic and stable Guinea-Bissau;

| 30. | Draws attention to the humanitarian situation in Guinea-Bissau, in particular that of internally-displaced people and refugees and to the risk of epidemics and the danger to food security and health care and asks the EU and the international community to promptly take concrete and adequate aid measures; |
| --- | --- |

30.

Draws attention to the humanitarian situation in Guinea-Bissau, in particular that of internally-displaced people and refugees and to the risk of epidemics and the danger to food security and health care and asks the EU and the international community to promptly take concrete and adequate aid measures;

| 31. | Asks the Commission to continue its humanitarian aid and direct support to the population; |
| --- | --- |

31.

Asks the Commission to continue its humanitarian aid and direct support to the population;

| 32. | Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Secretaries-General of the UN and ECOWAS, the AU institutions, the ACP-EU Joint Parliamentary Assembly, the CPLP Secretariat and the Government and Parliament of Guinea-Bissau. |
| --- | --- |

32.

Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, the Secretaries-General of the UN and ECOWAS, the AU institutions, the ACP-EU Joint Parliamentary Assembly, the CPLP Secretariat and the Government and Parliament of Guinea-Bissau.

---

(1)  OJ C 87 E, 1.4.2010, p. 178.

(2)  OJ C 349 E, 22.12.2010, p. 63.

(3)  Texts adopted, P7_TA(2011)0227.

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/49 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/49

---

Wednesday 13 June 2012Sudan and South Sudan

P7_TA(2012)0248

European Parliament resolution of 13 June 2012 on the situation in Sudan and South Sudan (2012/2659(RSP))

2013/C 332 E/08

The European Parliament,

| — | having regard to its previous resolutions on Sudan, |
| --- | --- |

—

having regard to its previous resolutions on Sudan,

| — | having regard to UN Security Council Resolution 2046 (2012) of 2 May 2012 on Sudan and Southern Sudan, |
| --- | --- |

—

having regard to UN Security Council Resolution 2046 (2012) of 2 May 2012 on Sudan and Southern Sudan,

| — | having regard to the EU High Representative for Foreign Affairs and Security Policy / Vice-President of the Commission Catherine Ashton’s statement welcoming UN Security Council Resolution 2046 (2012) of 2 May 2012, |
| --- | --- |

—

having regard to the EU High Representative for Foreign Affairs and Security Policy / Vice-President of the Commission Catherine Ashton’s statement welcoming UN Security Council Resolution 2046 (2012) of 2 May 2012,

| — | having regard to the Council conclusions on Sudan of 31 January 2011 and to Council Decision of 23 May 2011 (1), |
| --- | --- |

—

having regard to the Council conclusions on Sudan of 31 January 2011 and to Council Decision of 23 May 2011 (1),

| — | having regard to the Memorandum of Understanding on Non-Aggression and Cooperation signed on 10 February 2012 between Sudan and South Sudan, |
| --- | --- |

—

having regard to the Memorandum of Understanding on Non-Aggression and Cooperation signed on 10 February 2012 between Sudan and South Sudan,

| — | having regard to the Statements of 28 March 2012 and 11 April 2012 by the Spokesperson of EU High Representative, Catherine Ashton, on armed border clashes between Sudan and South Sudan, |
| --- | --- |

—

having regard to the Statements of 28 March 2012 and 11 April 2012 by the Spokesperson of EU High Representative, Catherine Ashton, on armed border clashes between Sudan and South Sudan,

| — | having regard to the African Union Statement of 17 April 2012 calling on Sudan and South Sudan to act responsibly and to heed the appeals made by the AU and the international community for an immediate end to the current conflict between the two countries, |
| --- | --- |

—

having regard to the African Union Statement of 17 April 2012 calling on Sudan and South Sudan to act responsibly and to heed the appeals made by the AU and the international community for an immediate end to the current conflict between the two countries,

| — | having regard to the Statement of 16 April 2012 by the Spokesperson for the UN Secretary-General on the situation in Sudan and South Sudan expressing deep concern over continued hostilities between the two countries, including their impact on innocent civilians, |
| --- | --- |

—

having regard to the Statement of 16 April 2012 by the Spokesperson for the UN Secretary-General on the situation in Sudan and South Sudan expressing deep concern over continued hostilities between the two countries, including their impact on innocent civilians,

| — | having regard to the Statement of 19 April 2012 by the UN Secretary-General Ban Ki-moon urging Sudan and South Sudan to end their hostilities, thus avoiding a return to a conflict which has already cost millions of lives over two decades, |
| --- | --- |

—

having regard to the Statement of 19 April 2012 by the UN Secretary-General Ban Ki-moon urging Sudan and South Sudan to end their hostilities, thus avoiding a return to a conflict which has already cost millions of lives over two decades,

| — | having regard to the Council conclusions on Sudan and South Sudan of 23 April 2012 (3159th Foreign Affairs Council meeting) expressing the EU’s deep concern about the escalating conflict between Sudan and South Sudan, |
| --- | --- |

—

having regard to the Council conclusions on Sudan and South Sudan of 23 April 2012 (3159th Foreign Affairs Council meeting) expressing the EU’s deep concern about the escalating conflict between Sudan and South Sudan,

| — | having regard to the Roadmap for Sudan and South Sudan set out in the communiqué issued by the AU Peace and Security Council on 24 April 2012, which is fully supported by the EU, |
| --- | --- |

—

having regard to the Roadmap for Sudan and South Sudan set out in the communiqué issued by the AU Peace and Security Council on 24 April 2012, which is fully supported by the EU,

| — | having regard to the Sudanese Comprehensive Peace Agreement (CPA) of 2005, |
| --- | --- |

—

having regard to the Sudanese Comprehensive Peace Agreement (CPA) of 2005,

| — | having regard to the UN Mission in South Sudan (UNMISS) and the UN Interim Security Force for Abyei (UNISFA), |
| --- | --- |

—

having regard to the UN Mission in South Sudan (UNMISS) and the UN Interim Security Force for Abyei (UNISFA),

| — | having regard to the Declaration of the ACP-EU JPA Co-Presidents on Sudan and South Sudan adopted by the Joint Parliamentary Assembly on 30 May 2012, |
| --- | --- |

—

having regard to the Declaration of the ACP-EU JPA Co-Presidents on Sudan and South Sudan adopted by the Joint Parliamentary Assembly on 30 May 2012,

| — | 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 repeated incidents of cross-border violence between Sudan and South Sudan, including troop movements, the seizure and occupation of Heglig, support to proxy forces, support for each other’s rebels, the fighting between the Sudanese Armed Forces (SAF) and the Sudan People’s Liberation Army (SPLA) have made the conflict between Sudan and South Sudan into a fully fledged confrontation; |
| --- | --- |

A.

whereas repeated incidents of cross-border violence between Sudan and South Sudan, including troop movements, the seizure and occupation of Heglig, support to proxy forces, support for each other’s rebels, the fighting between the Sudanese Armed Forces (SAF) and the Sudan People’s Liberation Army (SPLA) have made the conflict between Sudan and South Sudan into a fully fledged confrontation;

| B. | whereas a grave humanitarian situation has been created by the fighting between Sudan and South Sudan and the continued fighting in the states of Southern Kordofan and Blue Nile in Sudan; |
| --- | --- |

B.

whereas a grave humanitarian situation has been created by the fighting between Sudan and South Sudan and the continued fighting in the states of Southern Kordofan and Blue Nile in Sudan;

| C. | whereas the lack of agreement on transitional economic arrangements between the two countries, including on the use of oil, have led to Khartoum’s seizure of Southern Oil and South Sudan’s decision to stop oil production, and contributed significantly to the present crisis; |
| --- | --- |

C.

whereas the lack of agreement on transitional economic arrangements between the two countries, including on the use of oil, have led to Khartoum’s seizure of Southern Oil and South Sudan’s decision to stop oil production, and contributed significantly to the present crisis;

| D. | whereas on 29 June 2011 the Agreement Between the Government of the Sudan and the Government of Southern Sudan on Border Security and the Joint Political and Security Mechanism was concluded, including the commitment to create a safe demilitarised border zone (SDBZ), and on 30 July 2011 the Agreement on the Border Monitoring Support Mission Between the Government of Sudan and the Government of South Sudan was concluded; |
| --- | --- |

D.

whereas on 29 June 2011 the Agreement Between the Government of the Sudan and the Government of Southern Sudan on Border Security and the Joint Political and Security Mechanism was concluded, including the commitment to create a safe demilitarised border zone (SDBZ), and on 30 July 2011 the Agreement on the Border Monitoring Support Mission Between the Government of Sudan and the Government of South Sudan was concluded;

| E. | whereas South Sudan has announced its immediate withdrawal from the Abyei area in accordance with the Agreement between Sudan and South Sudan of 20 June 2011; |
| --- | --- |

E.

whereas South Sudan has announced its immediate withdrawal from the Abyei area in accordance with the Agreement between Sudan and South Sudan of 20 June 2011;

| F. | whereas the draft decisions of the Joint Political and Security Mechanism proposed to the Parties by the African Union High-Level Implementation Panel on 4 April 2012 provide a sound basis for establishing mutual security along the common border between Sudan and South Sudan; |
| --- | --- |

F.

whereas the draft decisions of the Joint Political and Security Mechanism proposed to the Parties by the African Union High-Level Implementation Panel on 4 April 2012 provide a sound basis for establishing mutual security along the common border between Sudan and South Sudan;

| G. | whereas the resolution unanimously adopted by the UN Security Council on 2 May 2012 endorsed a Roadmap for Sudan and South Sudan to end hostilities and resolve their outstanding post-secession issues within the next three months; |
| --- | --- |

G.

whereas the resolution unanimously adopted by the UN Security Council on 2 May 2012 endorsed a Roadmap for Sudan and South Sudan to end hostilities and resolve their outstanding post-secession issues within the next three months;

| H. | whereas Sudan and South Sudan have both welcomed the Roadmap and confirmed their commitment to an immediate cessation of hostilities; whereas, however, tensions remain high; |
| --- | --- |

H.

whereas Sudan and South Sudan have both welcomed the Roadmap and confirmed their commitment to an immediate cessation of hostilities; whereas, however, tensions remain high;

| I. | whereas on 4 June 2012 both Sudan and South Sudan began their first high-level talks on border security since a series of frontier clashes threatened to drag the former civil war back into a full scale conflict; |
| --- | --- |

I.

whereas on 4 June 2012 both Sudan and South Sudan began their first high-level talks on border security since a series of frontier clashes threatened to drag the former civil war back into a full scale conflict;

| J. | whereas the EU attaches particular importance to the immediate activation of the Joint Border Verification and Monitoring Mechanism by deploying international observers and other personnel on the ground to monitor what is happening and help ensure compliance; |
| --- | --- |

J.

whereas the EU attaches particular importance to the immediate activation of the Joint Border Verification and Monitoring Mechanism by deploying international observers and other personnel on the ground to monitor what is happening and help ensure compliance;

| K. | whereas Sudan and South Sudan are affected by a severe drought and people have started moving in search of food, and whereas, according to UN officials, around one million people could be at risk of starvation if food aid does not reach them in the coming months; |
| --- | --- |

K.

whereas Sudan and South Sudan are affected by a severe drought and people have started moving in search of food, and whereas, according to UN officials, around one million people could be at risk of starvation if food aid does not reach them in the coming months;

| 1. | Welcomes the fact that Sudan and South Sudan have both agreed to the Roadmap endorsed in UN Security Council Resolution 2046 of 2 May 2012 and confirmed their commitment to an immediate cessation of hostilities; welcomes the resumption of direct negotiations in Addis Ababa, as well as the role of the African Union and the mediation of Mr Thabo Mbeki in this process; |
| --- | --- |

1.

Welcomes the fact that Sudan and South Sudan have both agreed to the Roadmap endorsed in UN Security Council Resolution 2046 of 2 May 2012 and confirmed their commitment to an immediate cessation of hostilities; welcomes the resumption of direct negotiations in Addis Ababa, as well as the role of the African Union and the mediation of Mr Thabo Mbeki in this process;

| 2. | Urges Sudan and South Sudan to show their political and practical willingness to pursue the path of peace by addressing the security concerns of both sides through meaningful negotiations within the framework of the Joint Political and Security Mechanism, starting with the creation of a safe, demilitarised border zone and unconditional withdrawal of all their armed forces to their side of the border, in accordance with previously adopted agreements, including the Agreement on the Border Monitoring Support Mission of 30 July 2011; |
| --- | --- |

2.

Urges Sudan and South Sudan to show their political and practical willingness to pursue the path of peace by addressing the security concerns of both sides through meaningful negotiations within the framework of the Joint Political and Security Mechanism, starting with the creation of a safe, demilitarised border zone and unconditional withdrawal of all their armed forces to their side of the border, in accordance with previously adopted agreements, including the Agreement on the Border Monitoring Support Mission of 30 July 2011;

| 3. | Calls for immediate activation of the Joint Border Verification and Monitoring Mechanism (JBVMM) through deployment of international observers and other personnel on the ground to monitor and help ensure compliance; |
| --- | --- |

3.

Calls for immediate activation of the Joint Border Verification and Monitoring Mechanism (JBVMM) through deployment of international observers and other personnel on the ground to monitor and help ensure compliance;

| 4. | Calls on Sudan and South Sudan to implement pending aspects of the 20 June 2011 Agreement on Temporary Security and Administrative Arrangements for the Abyei area, in particular the redeployment of all Sudanese and South Sudanese forces out of the Abyei area; welcomes the withdrawal from Heglig of the army of South Sudan and calls on the Government of Sudan to do the same; calls for the immediate cessation of aerial bombardments of South Sudan by the Sudanese Armed Forces; |
| --- | --- |

4.

Calls on Sudan and South Sudan to implement pending aspects of the 20 June 2011 Agreement on Temporary Security and Administrative Arrangements for the Abyei area, in particular the redeployment of all Sudanese and South Sudanese forces out of the Abyei area; welcomes the withdrawal from Heglig of the army of South Sudan and calls on the Government of Sudan to do the same; calls for the immediate cessation of aerial bombardments of South Sudan by the Sudanese Armed Forces;

| 5. | Calls on Sudan and South Sudan to cease the harbouring of, and support to, rebel groups against the other state; |
| --- | --- |

5.

Calls on Sudan and South Sudan to cease the harbouring of, and support to, rebel groups against the other state;

| 6. | Urges all parties to stick in particular to paragraphs 7 and 16 of the 24 April 2012 Decision of the Peace and Security Council of the African Union, which reiterates that the territorial boundaries of states shall not be altered by force and that any territorial disputes shall be settled exclusively by mutually agreed, peaceful, political means and that there can be no military solution to the conflict in Southern Kordofan and Blue Nile; |
| --- | --- |

6.

Urges all parties to stick in particular to paragraphs 7 and 16 of the 24 April 2012 Decision of the Peace and Security Council of the African Union, which reiterates that the territorial boundaries of states shall not be altered by force and that any territorial disputes shall be settled exclusively by mutually agreed, peaceful, political means and that there can be no military solution to the conflict in Southern Kordofan and Blue Nile;

| 7. | Calls on the EU to continue to work closely with its international partners, in particular the AU and the UN, to ensure that Sudan and South Sudan implement the UN Security Council Resolution of 2 May 2012 on the Roadmap for Sudan and South Sudan; |
| --- | --- |

7.

Calls on the EU to continue to work closely with its international partners, in particular the AU and the UN, to ensure that Sudan and South Sudan implement the UN Security Council Resolution of 2 May 2012 on the Roadmap for Sudan and South Sudan;

| 8. | Expresses its deep concern at the humanitarian situation created by the fighting between Sudan and South Sudan, and the continued fighting in the states of Southern Kordofan and Blue Nile in Sudan; strongly condemns all acts of violence committed against civilians in violation of international humanitarian law and human rights law; |
| --- | --- |

8.

Expresses its deep concern at the humanitarian situation created by the fighting between Sudan and South Sudan, and the continued fighting in the states of Southern Kordofan and Blue Nile in Sudan; strongly condemns all acts of violence committed against civilians in violation of international humanitarian law and human rights law;

| 9. | Calls upon all parties to promote and protect human rights, including those of women and people belonging to vulnerable groups, and to comply with their obligations under international law, including international humanitarian and international human rights law, and calls for those responsible for serious violations of such law, including sexual violence, to be held accountable; |
| --- | --- |

9.

Calls upon all parties to promote and protect human rights, including those of women and people belonging to vulnerable groups, and to comply with their obligations under international law, including international humanitarian and international human rights law, and calls for those responsible for serious violations of such law, including sexual violence, to be held accountable;

| 10. | Strongly urges Sudan and Southern Sudan to permit humanitarian access to the affected population in the areas of the conflict, particularly Southern Kordofan and Blue Nile, ensuring, in accordance with international law and international humanitarian law, the safe, unhindered and immediate access of United Nations and other humanitarian personnel, as well as the delivery of supplies and equipment, in order to allow such personnel to perform efficiently their task of assisting the conflict-affected civilian population; |
| --- | --- |

10.

Strongly urges Sudan and Southern Sudan to permit humanitarian access to the affected population in the areas of the conflict, particularly Southern Kordofan and Blue Nile, ensuring, in accordance with international law and international humanitarian law, the safe, unhindered and immediate access of United Nations and other humanitarian personnel, as well as the delivery of supplies and equipment, in order to allow such personnel to perform efficiently their task of assisting the conflict-affected civilian population;

| 11. | Urges both sides to stop inflammatory rhetoric and hostile propaganda, which result in mutual demonisation, xenophobia and the threat of violence; calls on both governments to assume full responsibility for the protection of each other’s nationals in line with international principles, consistent with the Framework Agreement on the Status of Nationals of the Other State and Related Matters initialled in March 2012; |
| --- | --- |

11.

Urges both sides to stop inflammatory rhetoric and hostile propaganda, which result in mutual demonisation, xenophobia and the threat of violence; calls on both governments to assume full responsibility for the protection of each other’s nationals in line with international principles, consistent with the Framework Agreement on the Status of Nationals of the Other State and Related Matters initialled in March 2012;

| 12. | Welcomes the UN Security Council decision to extend the mandate of UNMIS and to send additional peacekeeping forces to Sudan; considers that a continued UN presence is extremely valuable to the peaceful development of two viable states; calls on both Sudan and South Sudan to welcome the UN presence and ensure its safety; |
| --- | --- |

12.

Welcomes the UN Security Council decision to extend the mandate of UNMIS and to send additional peacekeeping forces to Sudan; considers that a continued UN presence is extremely valuable to the peaceful development of two viable states; calls on both Sudan and South Sudan to welcome the UN presence and ensure its safety;

| 13. | Strongly urges Sudan and South Sudan to reach an agreement on the unsolved transitional political and economic arrangements between the two countries, including on the use of oil; reiterates that a precondition for achieving peace and stability in the region is to solve the issues of border demarcation; |
| --- | --- |

13.

Strongly urges Sudan and South Sudan to reach an agreement on the unsolved transitional political and economic arrangements between the two countries, including on the use of oil; reiterates that a precondition for achieving peace and stability in the region is to solve the issues of border demarcation;

| 14. | Calls on Sudan and South Sudan to use the services of the African Union Border Programme, which can assist the parties in resolving their concerns in the delineation, demarcation and resolution of disputed areas based on African best practices and international principles; |
| --- | --- |

14.

Calls on Sudan and South Sudan to use the services of the African Union Border Programme, which can assist the parties in resolving their concerns in the delineation, demarcation and resolution of disputed areas based on African best practices and international principles;

| 15. | Is convinced that the long-term stability in the region requires a new, unified, comprehensive international strategy, in which the EU would play a role alongside other global and regional actors, which would focus not only on North-South issues and the situation in Southern Kordofan and Blue Nile, but also on the long-overdue reform process in Sudan and the deepening of democratic reforms in South Sudan; calls on the HR/VP and the Commission to be ready to offer the necessary assistance if the ruling Sudan National Congress Party (NCP) accepts a free and unhindered national dialogue aimed at establishing inclusive constitutional arrangements accepted by all and takes genuine steps to end impunity in Darfur, Southern Kordofan and Blue Nile; |
| --- | --- |

15.

Is convinced that the long-term stability in the region requires a new, unified, comprehensive international strategy, in which the EU would play a role alongside other global and regional actors, which would focus not only on North-South issues and the situation in Southern Kordofan and Blue Nile, but also on the long-overdue reform process in Sudan and the deepening of democratic reforms in South Sudan; calls on the HR/VP and the Commission to be ready to offer the necessary assistance if the ruling Sudan National Congress Party (NCP) accepts a free and unhindered national dialogue aimed at establishing inclusive constitutional arrangements accepted by all and takes genuine steps to end impunity in Darfur, Southern Kordofan and Blue Nile;

| 16. | Calls on the Commission, the EU Member States and the international community to honour their funding commitments to the region, and in particular to address severe shortages of food aid, emergency shelter and protection; calls for close attention to the food security situation and for measures to be put in place should the situation worsen; |
| --- | --- |

16.

Calls on the Commission, the EU Member States and the international community to honour their funding commitments to the region, and in particular to address severe shortages of food aid, emergency shelter and protection; calls for close attention to the food security situation and for measures to be put in place should the situation worsen;

| 17. | Instructs its President to forward this resolution to the European Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the UN Security Council and Secretary-General, the EU Special Representative to South Sudan, the Government of Sudan, the Government of South Sudan, the African Union institutions, the Chair of the African Union High-Level Panel on Sudan, and the governments and parliaments of the EU Member States. |
| --- | --- |

17.

Instructs its President to forward this resolution to the European Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the UN Security Council and Secretary-General, the EU Special Representative to South Sudan, the Government of Sudan, the Government of South Sudan, the African Union institutions, the Chair of the African Union High-Level Panel on Sudan, and the governments and parliaments of the EU Member States.

---

(1)  OJ L 142, 28.5.2011, p. 61.

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| 15.11.2013 | EN | Official Journal of the European Union | CE 332/52 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/52

---

Wednesday 13 June 2012EU trade agreement with Colombia and Peru

P7_TA(2012)0249

European Parliament resolution of 13 June 2012 on the EU trade agreement with Colombia and Peru (2012/2628(RSP))

2013/C 332 E/09

The European Parliament,

| — | having regard to the end of the negotiations on a Trade Agreement between the EU, Colombia and Peru on 1 March 2010 and the announcement of the conclusion of trade negotiations on 19 May 2010, |
| --- | --- |

—

having regard to the end of the negotiations on a Trade Agreement between the EU, Colombia and Peru on 1 March 2010 and the announcement of the conclusion of trade negotiations on 19 May 2010,

| — | having regard to the initialling of the Trade Agreement between the EU, Colombia and Peru on 23 March 2011, |
| --- | --- |

—

having regard to the initialling of the Trade Agreement between the EU, Colombia and Peru on 23 March 2011,

| — | having regard to the official endorsement of the Trade Agreement by the three parties on 13 April 2011, |
| --- | --- |

—

having regard to the official endorsement of the Trade Agreement by the three parties on 13 April 2011,

| — | having regard to the Commission’s proposal for a Council decision on the signing, on behalf of the European Union, of the Trade Agreement between the European Union and Colombia and Peru (COM(2011)0570), |
| --- | --- |

—

having regard to the Commission’s proposal for a Council decision on the signing, on behalf of the European Union, of the Trade Agreement between the European Union and Colombia and Peru (COM(2011)0570),

| — | having regard to its resolutions of 5 May 2010 on the EU strategy for relations with Latin America (1) and of 21 October 2010 on the European Union’s trade relations with Latin-America (2), |
| --- | --- |

—

having regard to its resolutions of 5 May 2010 on the EU strategy for relations with Latin America (1) and of 21 October 2010 on the European Union’s trade relations with Latin-America (2),

| — | having regard to the resolutions of the Euro-Latin American Parliamentary Assembly, and in particular that of 19 May 2011 on the prospects for trade relations between the European Union and Latin America, |
| --- | --- |

—

having regard to the resolutions of the Euro-Latin American Parliamentary Assembly, and in particular that of 19 May 2011 on the prospects for trade relations between the European Union and Latin America,

| — | having regard to the question of 26 April 2012 to the Commission on the Trade Agreement between the EU of the one part and Colombia and Peru of the other part (O-000107/2012 – B7-0114/2012), |
| --- | --- |

—

having regard to the question of 26 April 2012 to the Commission on the Trade Agreement between the EU of the one part and Colombia and Peru of the other part (O-000107/2012 – B7-0114/2012),

| — | 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, given the importance of the historical and cultural links, the Trade Agreement between the European Union and Colombia and Peru aims to open markets for, inter alia, goods, services, government procurement and investment and to promote economic integration between the parties and comprehensive economic development with the objective of reducing poverty, creating new employment opportunities, improving working conditions and raising living standards by liberalising and expanding trade and investment between their territories, as well as encouraging a commitment to implement the Trade Agreement in accordance with the objective of sustainable development, including the promotion of economic progress, respect for labour rights and protection of the environment, in accordance with the international commitments adopted by the parties; |
| --- | --- |

A.

whereas, given the importance of the historical and cultural links, the Trade Agreement between the European Union and Colombia and Peru aims to open markets for, inter alia, goods, services, government procurement and investment and to promote economic integration between the parties and comprehensive economic development with the objective of reducing poverty, creating new employment opportunities, improving working conditions and raising living standards by liberalising and expanding trade and investment between their territories, as well as encouraging a commitment to implement the Trade Agreement in accordance with the objective of sustainable development, including the promotion of economic progress, respect for labour rights and protection of the environment, in accordance with the international commitments adopted by the parties;

| B. | whereas the European Union is the second biggest trading partner of Colombia and Peru, and whereas the planned Trade Agreement provides for total liberalisation of trade in industrial products and fisheries, which could increase the Colombian GDP up to 1,3 % and Peruvian GDP by 0,7 % in the long term, but might also have a considerable negative impact at the environmental and social levels, according to an independent sustainability impact assessment study; |
| --- | --- |

B.

whereas the European Union is the second biggest trading partner of Colombia and Peru, and whereas the planned Trade Agreement provides for total liberalisation of trade in industrial products and fisheries, which could increase the Colombian GDP up to 1,3 % and Peruvian GDP by 0,7 % in the long term, but might also have a considerable negative impact at the environmental and social levels, according to an independent sustainability impact assessment study;

| C. | whereas with the entry into force of the Trade Agreement, Colombia and Peru would leave the EU’s Generalised System of Preferences special incentive arrangement (GSP+) scheme, which is currently being revised; |
| --- | --- |

C.

whereas with the entry into force of the Trade Agreement, Colombia and Peru would leave the EU’s Generalised System of Preferences special incentive arrangement (GSP+) scheme, which is currently being revised;

| D. | whereas under the current GSP+ scheme both Colombia and Peru receive trade preferences in return for ensuring the effective implementation of 27 fundamental human-rights and environmental conventions, including the ILO’s four Core Labour Standards; |
| --- | --- |

D.

whereas under the current GSP+ scheme both Colombia and Peru receive trade preferences in return for ensuring the effective implementation of 27 fundamental human-rights and environmental conventions, including the ILO’s four Core Labour Standards;

| E. | whereas, according to the Treaty on European Union, the EU’s action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law; whereas the Union shall seek to develop relations and build partnerships with third countries and international, regional or global organisations which share the principles referred to above; |
| --- | --- |

E.

whereas, according to the Treaty on European Union, the EU’s action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law; whereas the Union shall seek to develop relations and build partnerships with third countries and international, regional or global organisations which share the principles referred to above;

| F. | whereas the first article of the Trade Agreement includes extensive and binding provisions guaranteeing the protection of human rights, stating that ‘respect for democratic principles and fundamental human rights, as laid down in the Universal Declaration of Human Rights, and for the principle of the rule of law, underpins the internal and international policies of the parties. Respect for these principles constitutes an essential element of the Agreement’; whereas the failure to respect human rights and democratic principles would constitute a ‘material breach’ of the Trade Agreement which, under public international law, would give rise to the adoption of appropriate measures, including the possibility of terminating or suspending the Agreement partially or totally; whereas proper monitoring of the respect of human rights by all signatory parties must be ensured and the practical enforceability of the Human Rights Clause must be guaranteed; |
| --- | --- |

F.

whereas the first article of the Trade Agreement includes extensive and binding provisions guaranteeing the protection of human rights, stating that ‘respect for democratic principles and fundamental human rights, as laid down in the Universal Declaration of Human Rights, and for the principle of the rule of law, underpins the internal and international policies of the parties. Respect for these principles constitutes an essential element of the Agreement’; whereas the failure to respect human rights and democratic principles would constitute a ‘material breach’ of the Trade Agreement which, under public international law, would give rise to the adoption of appropriate measures, including the possibility of terminating or suspending the Agreement partially or totally; whereas proper monitoring of the respect of human rights by all signatory parties must be ensured and the practical enforceability of the Human Rights Clause must be guaranteed;

| G. | whereas the Trade Agreement offers guarantees to ensure that the new architecture of the EU’s trade and investment relations works in favour of far-reaching social and environmental protection and sustainable development by promoting and preserving a high level of labour and environmental protection standards on all sides, as it contains a chapter on Trade and Sustainable Development; |
| --- | --- |

G.

whereas the Trade Agreement offers guarantees to ensure that the new architecture of the EU’s trade and investment relations works in favour of far-reaching social and environmental protection and sustainable development by promoting and preserving a high level of labour and environmental protection standards on all sides, as it contains a chapter on Trade and Sustainable Development;

| H. | whereas both Colombia and Peru have made enormous efforts in recent years to improve the general condition of their citizens’ lives, including human and labour rights; |
| --- | --- |

H.

whereas both Colombia and Peru have made enormous efforts in recent years to improve the general condition of their citizens’ lives, including human and labour rights;

| I. | whereas, despite these enormous efforts, in order fully to achieve the high standards set out and demanded by individual citizens, civil society organisations, the opposition parties and the government, there is still substantial work to be done both in Colombia and Peru, especially regarding the effective implementation of the new legislative framework, which is intended to solve old problems that have not been completely resolved, relating to longstanding problems of poverty, violence and corruption, internal armed conflict (going back more than 50 years in the case of Colombia), illegal armed groups, drug trafficking, impunity and land dispossession; |
| --- | --- |

I.

whereas, despite these enormous efforts, in order fully to achieve the high standards set out and demanded by individual citizens, civil society organisations, the opposition parties and the government, there is still substantial work to be done both in Colombia and Peru, especially regarding the effective implementation of the new legislative framework, which is intended to solve old problems that have not been completely resolved, relating to longstanding problems of poverty, violence and corruption, internal armed conflict (going back more than 50 years in the case of Colombia), illegal armed groups, drug trafficking, impunity and land dispossession;

| J. | whereas, despite these huge efforts, Colombia remains the country with the highest rate of trade unionist murder in the world, and whereas, despite the latest fundamental improvements in law enforcement, more than 90 % of these crimes still remain unpunished; whereas nearly 4 million people are internally displaced; whereas the UN Special Rapporteur on the Rights of Indigenous Peoples, though acknowledging the State of Colombia’s recognition of indigenous peoples’ rights, has urged Colombia to invite the United Nations Special Adviser on the Prevention of Genocide to monitor the situation of indigenous communities that find themselves threatened with cultural or physical extermination owing to the longstanding internal armed conflict in the country; |
| --- | --- |

J.

whereas, despite these huge efforts, Colombia remains the country with the highest rate of trade unionist murder in the world, and whereas, despite the latest fundamental improvements in law enforcement, more than 90 % of these crimes still remain unpunished; whereas nearly 4 million people are internally displaced; whereas the UN Special Rapporteur on the Rights of Indigenous Peoples, though acknowledging the State of Colombia’s recognition of indigenous peoples’ rights, has urged Colombia to invite the United Nations Special Adviser on the Prevention of Genocide to monitor the situation of indigenous communities that find themselves threatened with cultural or physical extermination owing to the longstanding internal armed conflict in the country;

| 1. | Regrets that, although the chapter on trade and sustainable development includes legally binding provisions, there is no binding dispute settlement mechanism for this chapter in the Trade Agreement, and that the use of the measures and sanctions foreseen in the Trade Agreement’s binding general dispute settlement mechanism is excluded in the case of violations of the standards set forth in the chapter on trade and sustainable development, constituting a weakening of the current binding conditions under the EU’s GSP+ scheme; |
| --- | --- |

1.

Regrets that, although the chapter on trade and sustainable development includes legally binding provisions, there is no binding dispute settlement mechanism for this chapter in the Trade Agreement, and that the use of the measures and sanctions foreseen in the Trade Agreement’s binding general dispute settlement mechanism is excluded in the case of violations of the standards set forth in the chapter on trade and sustainable development, constituting a weakening of the current binding conditions under the EU’s GSP+ scheme;

| 2. | Strongly welcomes the commitment expressed by all the parties involved to the promotion of human rights, democratic principles and the rule of law, as confirmed by the inclusion in the first article of the Trade Agreement of extensive and binding provisions on these fundamental principles; |
| --- | --- |

2.

Strongly welcomes the commitment expressed by all the parties involved to the promotion of human rights, democratic principles and the rule of law, as confirmed by the inclusion in the first article of the Trade Agreement of extensive and binding provisions on these fundamental principles;

| 3. | Underlines the importance of maintaining constructive dialogue with our partner countries on the effective implementation of higher standards on human rights; strongly welcomes the Reciprocal Dialogue Mechanism on human rights (EU-Colombia Human Rights Dialogue), which was established voluntarily in 2009 between Colombia and the European Union and has been held twice a year since then and which is clear proof that the Colombian Government is open to dialogue on human rights with the EU and with other international partners; regrets, however, that the European Parliament is neither briefed nor debriefed regularly and comprehensively on its agenda and outcome; |
| --- | --- |

3.

Underlines the importance of maintaining constructive dialogue with our partner countries on the effective implementation of higher standards on human rights; strongly welcomes the Reciprocal Dialogue Mechanism on human rights (EU-Colombia Human Rights Dialogue), which was established voluntarily in 2009 between Colombia and the European Union and has been held twice a year since then and which is clear proof that the Colombian Government is open to dialogue on human rights with the EU and with other international partners; regrets, however, that the European Parliament is neither briefed nor debriefed regularly and comprehensively on its agenda and outcome;

| 4. | Strongly supports the inclusion in the Trade Agreement of a chapter on trade and sustainable development and the creation of domestic mechanisms and dialogue with civil society which will involve citizens, whether individually or in an organised collective manner; |
| --- | --- |

4.

Strongly supports the inclusion in the Trade Agreement of a chapter on trade and sustainable development and the creation of domestic mechanisms and dialogue with civil society which will involve citizens, whether individually or in an organised collective manner;

| 5. | Calls on civil society organisations in the Andean Countries and in the European Union to participate in the monitoring mechanisms established in the Trade Agreement under the title of Trade and Sustainable Development; calls on the governments involved to set up, as soon as possible, the legal framework for the domestic mechanisms and dialogue with civil society if these do not exist, including a substantial information and advertising campaign to maximise participation of the interested groups or persons in the monitoring framework of the Civil Society Mechanism; suggests that these procedures be set up within six months of the entry into force of the Agreement, instead of one year as set out in the Trade Agreement (3); |
| --- | --- |

5.

Calls on civil society organisations in the Andean Countries and in the European Union to participate in the monitoring mechanisms established in the Trade Agreement under the title of Trade and Sustainable Development; calls on the governments involved to set up, as soon as possible, the legal framework for the domestic mechanisms and dialogue with civil society if these do not exist, including a substantial information and advertising campaign to maximise participation of the interested groups or persons in the monitoring framework of the Civil Society Mechanism; suggests that these procedures be set up within six months of the entry into force of the Agreement, instead of one year as set out in the Trade Agreement (3);

| 6. | Recalls the importance of establishing representative domestic advisory mechanisms, as set out in Article 281 of the Trade Agreement, with the participation of trade unions, employer representatives or other relevant stakeholders such as NGOs, which will play a mandatory part in observing the implementation of the Trade Agreement, especially in the areas of labour and sustainable development, with the right to be regularly consulted and to bring forward complaints within a mandatory and institutionalised complaint mechanism, as well as recommendations and suggestions, including a proposal to have an independent exchange of views with their EU equivalents; |
| --- | --- |

6.

Recalls the importance of establishing representative domestic advisory mechanisms, as set out in Article 281 of the Trade Agreement, with the participation of trade unions, employer representatives or other relevant stakeholders such as NGOs, which will play a mandatory part in observing the implementation of the Trade Agreement, especially in the areas of labour and sustainable development, with the right to be regularly consulted and to bring forward complaints within a mandatory and institutionalised complaint mechanism, as well as recommendations and suggestions, including a proposal to have an independent exchange of views with their EU equivalents;

| 7. | In order to fully accomplish the high standards of human rights set out in the Trade Agreement, to which both the Andean governments and the European Union are committed, suggests that the parties involved swiftly establish a dedicated domestic advisory group (DAG) on human rights and democratic principles, which should accompany and monitor the implementation of this or other Trade Agreements and work as an effective internal consultation body to the domestic offices that participate in the Committee on Trade of the Trade Agreement, using as a model for its operation the legal framework envisaged in the Trade Agreement for the participation of civil society in the Subcommittee on Trade and Sustainable Development; calls on the parties to the Trade Agreement to guarantee these DAGs the same level of binding involvement for civil society as in the Free Trade Agreement with South Korea, including a formalised and institutionalised complaint mechanism; calls on the parties, furthermore, to ensure the full independence of the DAGs, including as regards their own choice of members of the DAGs; |
| --- | --- |

7.

In order to fully accomplish the high standards of human rights set out in the Trade Agreement, to which both the Andean governments and the European Union are committed, suggests that the parties involved swiftly establish a dedicated domestic advisory group (DAG) on human rights and democratic principles, which should accompany and monitor the implementation of this or other Trade Agreements and work as an effective internal consultation body to the domestic offices that participate in the Committee on Trade of the Trade Agreement, using as a model for its operation the legal framework envisaged in the Trade Agreement for the participation of civil society in the Subcommittee on Trade and Sustainable Development; calls on the parties to the Trade Agreement to guarantee these DAGs the same level of binding involvement for civil society as in the Free Trade Agreement with South Korea, including a formalised and institutionalised complaint mechanism; calls on the parties, furthermore, to ensure the full independence of the DAGs, including as regards their own choice of members of the DAGs;

| 8. | Endorses all the legislative and non-legislative measures taken by both Andean countries to fight poverty, all forms of violence, impunity, corruption and drug trafficking, to safeguard children’s and women rights, especially with regard to child labour, to follow the path of sustainable development as the only viable future for our planet, to promote indigenous peoples rights, broader dialogue and citizen’s participation in the legislative process, and to restore justice; |
| --- | --- |

8.

Endorses all the legislative and non-legislative measures taken by both Andean countries to fight poverty, all forms of violence, impunity, corruption and drug trafficking, to safeguard children’s and women rights, especially with regard to child labour, to follow the path of sustainable development as the only viable future for our planet, to promote indigenous peoples rights, broader dialogue and citizen’s participation in the legislative process, and to restore justice;

| 9. | Strongly condemns the assassination of trade unionists, human rights defenders, civilians, indigenous people, all victims of the internal armed conflict, police officers and military personnel, occurring especially in Colombia; nevertheless notes that there has been a decline in the trade unionist murder cases reported over the last two years; |
| --- | --- |

9.

Strongly condemns the assassination of trade unionists, human rights defenders, civilians, indigenous people, all victims of the internal armed conflict, police officers and military personnel, occurring especially in Colombia; nevertheless notes that there has been a decline in the trade unionist murder cases reported over the last two years;

| 10. | Supports the Colombian Government’s efforts to fight impunity and the murder of trade unionists and human rights defenders, which is translated, for example, in an increase in the number of investigators in the General Prosecutor’s Office (FGN) from 100 in 2010 to 243 in 2011 specifically for the investigation of crimes committed against trade unionists; also, according to the ILO, between 2010 and June 2011 there were 355 arrests, and 88 sentences were passed and 483 people sentenced for crimes against trade unionists; in this connection, underlines the importance of the Special Protection Programme (SPP), which is currently giving state protection to more than 8 500 people, including trade unionists (13 %), municipal councillors (30 %) and human rights defenders (15 %); notes that the budget for this programme increased from EUR 10.5 million in 2002 to more than EUR 120 million in 2011; |
| --- | --- |

10.

Supports the Colombian Government’s efforts to fight impunity and the murder of trade unionists and human rights defenders, which is translated, for example, in an increase in the number of investigators in the General Prosecutor’s Office (FGN) from 100 in 2010 to 243 in 2011 specifically for the investigation of crimes committed against trade unionists; also, according to the ILO, between 2010 and June 2011 there were 355 arrests, and 88 sentences were passed and 483 people sentenced for crimes against trade unionists; in this connection, underlines the importance of the Special Protection Programme (SPP), which is currently giving state protection to more than 8 500 people, including trade unionists (13 %), municipal councillors (30 %) and human rights defenders (15 %); notes that the budget for this programme increased from EUR 10.5 million in 2002 to more than EUR 120 million in 2011;

| 11. | Welcomes the references to the importance of the concepts of ‘trade for sustainable development’ and ‘the promotion of fair and equitable trade’ in Articles 271 and 324 respectively of the Trade Agreement; calls on the parties to facilitate trade in goods that contribute to sustainable development, including goods that are the subject of schemes such as fair and ethical trade and those involving corporate social responsibility and accountability, such as the ‘fair trade’, ‘rainforest alliance’, ‘UTZ Certified’, ‘BSCI’ or other similar schemes; |
| --- | --- |

11.

Welcomes the references to the importance of the concepts of ‘trade for sustainable development’ and ‘the promotion of fair and equitable trade’ in Articles 271 and 324 respectively of the Trade Agreement; calls on the parties to facilitate trade in goods that contribute to sustainable development, including goods that are the subject of schemes such as fair and ethical trade and those involving corporate social responsibility and accountability, such as the ‘fair trade’, ‘rainforest alliance’, ‘UTZ Certified’, ‘BSCI’ or other similar schemes;

| 12. | Calls on the parties involved to provide sufficient technical and financial capacity to guarantee full compliance with the sustainability standards under the Trade Agreement and to provide for a full review, monitoring and assessment of the implementation of the chapter on trade and sustainable development at the latest three years after the entry into force of the FTA; |
| --- | --- |

12.

Calls on the parties involved to provide sufficient technical and financial capacity to guarantee full compliance with the sustainability standards under the Trade Agreement and to provide for a full review, monitoring and assessment of the implementation of the chapter on trade and sustainable development at the latest three years after the entry into force of the FTA;

| 13. | Underlines, in particular, the importance of promoting corporate social responsibility (CSR) and welcomes its inclusion in the Trade Agreement; calls on all the parties to promote best business practices related to CSR in line with the UN Guiding Principles on Business and Human Rights, the OECD Guidelines on CSR and the recent Commission Communication of 25 October 2011 on ‘a renewed EU strategy 2011-14 for Corporate Social Responsibility’ COM(2011)0681; strongly believes that higher living standards can only be achieved through active partnerships between entrepreneurs, workers, NGOs and the state, either at central, regional or community level; reaffirms, therefore, the importance of the involvement of all the parties that are involved, especially the governments, which must play an essential role in the effective implementation of CSR in their countries; calls on the EU and the Andean countries to work towards the global implementation of binding UN Guiding Principles on CSR; |
| --- | --- |

13.

Underlines, in particular, the importance of promoting corporate social responsibility (CSR) and welcomes its inclusion in the Trade Agreement; calls on all the parties to promote best business practices related to CSR in line with the UN Guiding Principles on Business and Human Rights, the OECD Guidelines on CSR and the recent Commission Communication of 25 October 2011 on ‘a renewed EU strategy 2011-14 for Corporate Social Responsibility’ COM(2011)0681; strongly believes that higher living standards can only be achieved through active partnerships between entrepreneurs, workers, NGOs and the state, either at central, regional or community level; reaffirms, therefore, the importance of the involvement of all the parties that are involved, especially the governments, which must play an essential role in the effective implementation of CSR in their countries; calls on the EU and the Andean countries to work towards the global implementation of binding UN Guiding Principles on CSR;

| 14. | Welcomes the robust environmental laws which have been added to the statute book by the Colombian authorities but underlines the need for full and proper enforcement of these laws; highlights potential environmental problems, including increased deforestation and industrial, agricultural and mining pollution, which could give rise to negative effects on safe water supplies and the protection of biodiversity; |
| --- | --- |

14.

Welcomes the robust environmental laws which have been added to the statute book by the Colombian authorities but underlines the need for full and proper enforcement of these laws; highlights potential environmental problems, including increased deforestation and industrial, agricultural and mining pollution, which could give rise to negative effects on safe water supplies and the protection of biodiversity;

| 15. | Calls on the Andean countries to ensure the establishment of a transparent and binding road map on human, environmental and labour rights, which should be aimed essentially at safeguarding human rights, enhancing and improving trade unionists’ rights and protecting the environment; suggests that they take into account the Action Plan related to Labour Rights between Colombia and the US, with particular reference to the following:






  — | enforcing and implementing legislation and policy measures which guarantee freedom of association and the right to bargain collectively, without loopholes, in particular for workers in the informal sector, and especially through the elimination of the use of cooperatives, collective pacts or other measures that have the purpose or effect of denying workers their trade union rights or the benefits of a direct employment relationship; |
| --- | --- | --- |

15.

Calls on the Andean countries to ensure the establishment of a transparent and binding road map on human, environmental and labour rights, which should be aimed essentially at safeguarding human rights, enhancing and improving trade unionists’ rights and protecting the environment; suggests that they take into account the Action Plan related to Labour Rights between Colombia and the US, with particular reference to the following:

—

enforcing and implementing legislation and policy measures which guarantee freedom of association and the right to bargain collectively, without loopholes, in particular for workers in the informal sector, and especially through the elimination of the use of cooperatives, collective pacts or other measures that have the purpose or effect of denying workers their trade union rights or the benefits of a direct employment relationship;

| — | conducting strict labour inspections which lead to penalties in the case of discrimination, non-justified dismissals, intimidation and threats against workers; |
| --- | --- |

—

conducting strict labour inspections which lead to penalties in the case of discrimination, non-justified dismissals, intimidation and threats against workers;

| — | clear and verifiable steps to strengthen social dialogue at regional and local level as well as on the part of enterprises; |
| --- | --- |

—

clear and verifiable steps to strengthen social dialogue at regional and local level as well as on the part of enterprises;

| — | introducing measures to guarantee the effective enforcement of legislation to protect the environment and biodiversity, particularly from the negative effects of deforestation and the extraction of raw materials; |
| --- | --- |

—

introducing measures to guarantee the effective enforcement of legislation to protect the environment and biodiversity, particularly from the negative effects of deforestation and the extraction of raw materials;

| — | taking the necessary steps to end impunity and investigating, prosecuting and punishing in civil courts those most responsible, both intellectually and materially, for the crimes committed in Colombia; |
| --- | --- |

—

taking the necessary steps to end impunity and investigating, prosecuting and punishing in civil courts those most responsible, both intellectually and materially, for the crimes committed in Colombia;

| — | achieving clear, time-bound and result-based targets in each of the above areas; |
| --- | --- |

—

achieving clear, time-bound and result-based targets in each of the above areas;

| — | calling on the European Commission to immediately begin assisting Colombia and Peru in the establishment and implementation of the above process, and urging it to produce a regular report to be presented and assessed by the European Parliament; |
| --- | --- |

—

calling on the European Commission to immediately begin assisting Colombia and Peru in the establishment and implementation of the above process, and urging it to produce a regular report to be presented and assessed by the European Parliament;

| — | underlining the fact that some of the targets of this road map should preferably come into effect before the entry into force of the FTA; |
| --- | --- |

—

underlining the fact that some of the targets of this road map should preferably come into effect before the entry into force of the FTA;

| 16. | Calls on the Commission to assist these measures through cooperation programmes in education, training and regulatory cooperation, in particular by enhancing the capacity of the Andean authorities to effectively propose, enforce and assess environmental legislation; in this connection, urges the Commission to make full use of the Development Cooperation Instrument (DCI) and the European Instrument for Democracy and Human Rights (EIDHR); |
| --- | --- |

16.

Calls on the Commission to assist these measures through cooperation programmes in education, training and regulatory cooperation, in particular by enhancing the capacity of the Andean authorities to effectively propose, enforce and assess environmental legislation; in this connection, urges the Commission to make full use of the Development Cooperation Instrument (DCI) and the European Instrument for Democracy and Human Rights (EIDHR);

| 17. | Strongly welcomes the new Victims and Land Restitution Law (also known as ‘Ley 1448’) which came into effect in Colombia on 1 January 2012, guaranteeing financial compensation and restitution of land for the almost 4 million victims of the country’s armed conflict and violence over the past 50 years; emphasises the massive financial effort of the Colombian Government, which is estimated at more than USD 25 billion for the next ten years, representing about EUR 160 million per month; underlines the need for thorough monitoring and evaluation of the implementation of this law in close consultation with civil society, in particular regarding the protection of returnees; |
| --- | --- |

17.

Strongly welcomes the new Victims and Land Restitution Law (also known as ‘Ley 1448’) which came into effect in Colombia on 1 January 2012, guaranteeing financial compensation and restitution of land for the almost 4 million victims of the country’s armed conflict and violence over the past 50 years; emphasises the massive financial effort of the Colombian Government, which is estimated at more than USD 25 billion for the next ten years, representing about EUR 160 million per month; underlines the need for thorough monitoring and evaluation of the implementation of this law in close consultation with civil society, in particular regarding the protection of returnees;

| 18. | Welcomes the dissolution of the highly controversial intelligence agency (DAS) and the sentencing of its former director to 25 years in prison as an important sign of the change of attitude and openness of the Colombian Administration and the independence of the judiciary; |
| --- | --- |

18.

Welcomes the dissolution of the highly controversial intelligence agency (DAS) and the sentencing of its former director to 25 years in prison as an important sign of the change of attitude and openness of the Colombian Administration and the independence of the judiciary;

| 19. | Stresses that the right to property is also one of the fundamental human rights and must be safeguarded by all parties to the Trade Agreement; therefore warns all parties to the Trade Agreement against taking unilateral action that would endanger investment protection; highlights in this regard the need effectively to enforce proper dispute settlement; |
| --- | --- |

19.

Stresses that the right to property is also one of the fundamental human rights and must be safeguarded by all parties to the Trade Agreement; therefore warns all parties to the Trade Agreement against taking unilateral action that would endanger investment protection; highlights in this regard the need effectively to enforce proper dispute settlement;

| 20. | Welcomes the fact that Colombia and Peru have ratified all eight fundamental ILO conventions plus three of the four governance conventions, as stated by the ILO representative at the public hearing held by the Committee on International Trade on the Trade Agreement at the European Parliament in Brussels on 29 February 2012; insists on the importance of swift ratification and effective implementation of all such ILO conventions, especially C122 in the case of Colombia and C129 in the case of Peru; underlines to all parties the importance of ratifying ILO Convention 135 on workers’ representatives; notes in this context that 24 EU Member States have still not ratified ILO C169, the Indigenous and Tribal Peoples Convention; |
| --- | --- |

20.

Welcomes the fact that Colombia and Peru have ratified all eight fundamental ILO conventions plus three of the four governance conventions, as stated by the ILO representative at the public hearing held by the Committee on International Trade on the Trade Agreement at the European Parliament in Brussels on 29 February 2012; insists on the importance of swift ratification and effective implementation of all such ILO conventions, especially C122 in the case of Colombia and C129 in the case of Peru; underlines to all parties the importance of ratifying ILO Convention 135 on workers’ representatives; notes in this context that 24 EU Member States have still not ratified ILO C169, the Indigenous and Tribal Peoples Convention;

| 21. | Emphasises the importance of the principles of fair, just and transparent administrative and legal procedures, in order to implement national labour laws, including strict labour inspections, as well as international human rights standards, in accordance with international obligations; believes that fair, just and transparent administrative and legal procedures are also needed to ensure that no undue restrictions are put on communication or freedom of speech, which are very important in empowering citizens to organise themselves; |
| --- | --- |

21.

Emphasises the importance of the principles of fair, just and transparent administrative and legal procedures, in order to implement national labour laws, including strict labour inspections, as well as international human rights standards, in accordance with international obligations; believes that fair, just and transparent administrative and legal procedures are also needed to ensure that no undue restrictions are put on communication or freedom of speech, which are very important in empowering citizens to organise themselves;

| 22. | Believes that new European Parliament powers regarding international agreements that are enshrined in the Lisbon Treaty bring new responsibilities; therefore proposes to hold public hearings both in the European Parliament and in one of the Andean capitals in the last quarter of 2013; following the hearings, calls for a written report to be submitted to its Committee on International Trade and Subcommittee on Human Rights on the results of the application of the Trade Agreement to date; |
| --- | --- |

22.

Believes that new European Parliament powers regarding international agreements that are enshrined in the Lisbon Treaty bring new responsibilities; therefore proposes to hold public hearings both in the European Parliament and in one of the Andean capitals in the last quarter of 2013; following the hearings, calls for a written report to be submitted to its Committee on International Trade and Subcommittee on Human Rights on the results of the application of the Trade Agreement to date;

| 23. | Instructs its President to forward this resolution to the Council, the Commission and the Governments of Colombia and Peru. |
| --- | --- |

23.

Instructs its President to forward this resolution to the Council, the Commission and the Governments of Colombia and Peru.

---

(1)  OJ C 81 E, 15.3.2011, p. 54.

(2)  OJ C 70 E, 8.3.2012, p. 79.

(3)  Article 282(1).

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| 15.11.2013 | EN | Official Journal of the European Union | CE 332/58 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/58

---

Wednesday 13 June 2012Negotiations on the UN Arms Trade Treaty

P7_TA(2012)0251

European Parliament resolution of 13 June 2012 on the negotiations on the UN Arms Trade Treaty (ATT) (2012/2636(RSP))

2013/C 332 E/10

The European Parliament,

| — | having regard to the United Nations conference to negotiate an arms trade treaty (ATT), due to take place in New York from 2 to 27 July 2012, |
| --- | --- |

—

having regard to the United Nations conference to negotiate an arms trade treaty (ATT), due to take place in New York from 2 to 27 July 2012,

| — | having regard to UN General Assembly Resolutions 61/89 (1) of 6 December 2006 entitled ‘Towards an arms trade treaty: establishing common international standards for the import, export and transfer of conventional arms’, supported by 153 UN member states and marking the formal start of a process towards an ATT, and 64/48 (2) of 2 December 2009 on the arms trade treaty, supported by 153 UN member states, under which it was decided to convene a United Nations Conference on the Arms Trade Treaty to meet for four consecutive weeks in 2012 in order to elaborate a legally binding instrument on the highest possible common international standards for the transfer of conventional arms, |
| --- | --- |

—

having regard to UN General Assembly Resolutions 61/89 (1) of 6 December 2006 entitled ‘Towards an arms trade treaty: establishing common international standards for the import, export and transfer of conventional arms’, supported by 153 UN member states and marking the formal start of a process towards an ATT, and 64/48 (2) of 2 December 2009 on the arms trade treaty, supported by 153 UN member states, under which it was decided to convene a United Nations Conference on the Arms Trade Treaty to meet for four consecutive weeks in 2012 in order to elaborate a legally binding instrument on the highest possible common international standards for the transfer of conventional arms,

| — | having regard to Council Decision 2010/336/CFSP (3) of 14 June 2010 and previous Council decisions on EU activities in support of the Arms Trade Treaty, |
| --- | --- |

—

having regard to Council Decision 2010/336/CFSP (3) of 14 June 2010 and previous Council decisions on EU activities in support of the Arms Trade Treaty,

| — | having regard to Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (4), |
| --- | --- |

—

having regard to Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment (4),

| — | having regard to the conclusions of the Council of the European Union, in particular those of 10 December 2007 and of 12 July 2010 on the Arms Trade Treaty, |
| --- | --- |

—

having regard to the conclusions of the Council of the European Union, in particular those of 10 December 2007 and of 12 July 2010 on the Arms Trade Treaty,

| — | having regard to its resolutions of 21 June 2007 on an arms trade treaty and the establishment of common international standards for the import, export and transfer of conventional weapons (5), of 13 March 2008 on the EU Code of Conduct on Arms Exports (6) and of 4 December 2008 on the EU Code of Conduct on Arms Exports (7), which underline the urgent need for an arms trade treaty, |
| --- | --- |

—

having regard to its resolutions of 21 June 2007 on an arms trade treaty and the establishment of common international standards for the import, export and transfer of conventional weapons (5), of 13 March 2008 on the EU Code of Conduct on Arms Exports (6) and of 4 December 2008 on the EU Code of Conduct on Arms Exports (7), which underline the urgent need for an arms trade treaty,

| — | having regard to the EU’s reply to the UN Secretary-General’s request for views on the elements of an arms trade treaty, |
| --- | --- |

—

having regard to the EU’s reply to the UN Secretary-General’s request for views on the elements of an arms trade treaty,

| — | having regard to the many civil society campaigns across the world in favour of a strong and robust arms trade treaty, including the Control Arms Campaign and the call made by Nobel Peace laureates, |
| --- | --- |

—

having regard to the many civil society campaigns across the world in favour of a strong and robust arms trade treaty, including the Control Arms Campaign and the call made by Nobel Peace laureates,

| — | having regard to Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (8), |
| --- | --- |

—

having regard to Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (8),

| — | having regard to Article 34 of the Treaty on European Union, |
| --- | --- |

—

having regard to Article 34 of the Treaty on European Union,

| — | having regard to Rule 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) of its Rules of Procedure,

| A. | whereas there is no legally binding, global treaty on the regulation of transfers of conventional arms; |
| --- | --- |

A.

whereas there is no legally binding, global treaty on the regulation of transfers of conventional arms;

| B. | whereas more than 40 UN member states neither have a national regulatory framework for the control of arms transfers nor comply with any regional or international norms; |
| --- | --- |

B.

whereas more than 40 UN member states neither have a national regulatory framework for the control of arms transfers nor comply with any regional or international norms;

| C. | whereas the estimated global value of agreements on arms transfers to developing countries in 2010 was USD 40 355 million and the value of deliveries was USD 34 989 million according to the US Congressional Research Service (9); |
| --- | --- |

C.

whereas the estimated global value of agreements on arms transfers to developing countries in 2010 was USD 40 355 million and the value of deliveries was USD 34 989 million according to the US Congressional Research Service (9);

| D. | whereas UN General Assembly Resolution 64/48 urges UN member states to attain an effective and balanced legally binding instrument on the highest possible common international standards for the transfer of conventional arms and to achieve a strong and robust treaty; |
| --- | --- |

D.

whereas UN General Assembly Resolution 64/48 urges UN member states to attain an effective and balanced legally binding instrument on the highest possible common international standards for the transfer of conventional arms and to achieve a strong and robust treaty;

| E. | whereas the UN General Assembly has defined the aim of the Arms Trade Treaty (ATT) as a ‘legally binding treaty establishing common standards for the import, export and transfer of conventional arms’ (10) and as being for states ‘to ensure that their national systems and internal controls are at the highest possible standards to prevent the diversion of conventional arms from the legal to the illicit market, where they can be used for terrorist acts, organised crime and other criminal activities’ (11); |
| --- | --- |

E.

whereas the UN General Assembly has defined the aim of the Arms Trade Treaty (ATT) as a ‘legally binding treaty establishing common standards for the import, export and transfer of conventional arms’ (10) and as being for states ‘to ensure that their national systems and internal controls are at the highest possible standards to prevent the diversion of conventional arms from the legal to the illicit market, where they can be used for terrorist acts, organised crime and other criminal activities’ (11);

| F. | whereas uncontrolled and unregulated arms trading poses a serious threat to local, national, regional and international peace, security and stability but also to democracy, the rule of law and sustainable social and economic development; whereas unregulated arms trading is a contributory factor in armed conflict, the displacement of people, organised crime and terrorism; |
| --- | --- |

F.

whereas uncontrolled and unregulated arms trading poses a serious threat to local, national, regional and international peace, security and stability but also to democracy, the rule of law and sustainable social and economic development; whereas unregulated arms trading is a contributory factor in armed conflict, the displacement of people, organised crime and terrorism;

| G. | whereas the Arms Trade Treaty that will be negotiated in 2012 must include clear and binding provisions consistent with the highest international standards, including full compliance with international human rights law (IHRL) and international humanitarian law (IHL); |
| --- | --- |

G.

whereas the Arms Trade Treaty that will be negotiated in 2012 must include clear and binding provisions consistent with the highest international standards, including full compliance with international human rights law (IHRL) and international humanitarian law (IHL);

| H. | whereas a united, coherent and consistent EU approach is crucial for such a treaty to be adopted and effectively implemented at a global level; |
| --- | --- |

H.

whereas a united, coherent and consistent EU approach is crucial for such a treaty to be adopted and effectively implemented at a global level;

| I. | whereas in the field of arms transfers there are no binding commitments which unequivocally safeguard international human rights and international humanitarian law; |
| --- | --- |

I.

whereas in the field of arms transfers there are no binding commitments which unequivocally safeguard international human rights and international humanitarian law;

| J. | whereas the Council has emphasised that no effort should be spared to ensure that the sessions of the Preparatory Committee are as inclusive as possible; whereas, to this end, on 14 June 2010 the Council adopted Decision 2010/336/CFSP on EU activities in support of the Arms Trade Treaty, in the framework of the European Security Strategy, with a view to promoting the ATT among UN member states, civil society and industry; |
| --- | --- |

J.

whereas the Council has emphasised that no effort should be spared to ensure that the sessions of the Preparatory Committee are as inclusive as possible; whereas, to this end, on 14 June 2010 the Council adopted Decision 2010/336/CFSP on EU activities in support of the Arms Trade Treaty, in the framework of the European Security Strategy, with a view to promoting the ATT among UN member states, civil society and industry;

| K. | whereas, since its adoption, the EU Common Position defining common rules governing control of exports of military technology and equipment has contributed to harmonising the national arms export control policies of EU Member States and its principles and criteria have been officially endorsed by various third countries; |
| --- | --- |

K.

whereas, since its adoption, the EU Common Position defining common rules governing control of exports of military technology and equipment has contributed to harmonising the national arms export control policies of EU Member States and its principles and criteria have been officially endorsed by various third countries;

| L. | whereas the Arms Trade Treaty must strengthen accountability and its implementation must be open and transparent; |
| --- | --- |

L.

whereas the Arms Trade Treaty must strengthen accountability and its implementation must be open and transparent;

| M. | whereas the United Nations Charter confers rights and responsibilities upon UN member states, including under Article 51 the inherent right of all states to individual or collective self-defence; |
| --- | --- |

M.

whereas the United Nations Charter confers rights and responsibilities upon UN member states, including under Article 51 the inherent right of all states to individual or collective self-defence;

Transparency and accountability – the key to a robust Arms Trade Treaty

| 1. | Notes that the value of global exports has continued to grow despite the economic and financial crisis, and that EU Member States consistently account for approximately 30 % of all exports and are among the world’s leading arms producers and exporters (12); stresses, therefore, that the EU has both a responsibility and an interest in developing and contributing to a regulated and more transparent and controlled arms trade at global level; |
| --- | --- |

1.

Notes that the value of global exports has continued to grow despite the economic and financial crisis, and that EU Member States consistently account for approximately 30 % of all exports and are among the world’s leading arms producers and exporters (12); stresses, therefore, that the EU has both a responsibility and an interest in developing and contributing to a regulated and more transparent and controlled arms trade at global level;

| 2. | Notes that the poorly regulated, uncontrolled and opaque arms trade leads to irresponsible trading in weapons, has caused unnecessary human suffering, fuelled armed conflict, instability, terrorist attacks and corruption, undermined peace-building processes, good governance and socio-economic development and led to the overthrow of democratically elected governments and the violation of the rule of law, human rights and international humanitarian law; |
| --- | --- |

2.

Notes that the poorly regulated, uncontrolled and opaque arms trade leads to irresponsible trading in weapons, has caused unnecessary human suffering, fuelled armed conflict, instability, terrorist attacks and corruption, undermined peace-building processes, good governance and socio-economic development and led to the overthrow of democratically elected governments and the violation of the rule of law, human rights and international humanitarian law;

| 3. | Calls, therefore, for the July 2012 negotiation of a legally binding international arms trade treaty to mark a historic step forward, through greater transparency and accountability, by establishing the highest international standards and criteria for making assessments of decisions on the transfer, import and export of conventional arms; |
| --- | --- |

3.

Calls, therefore, for the July 2012 negotiation of a legally binding international arms trade treaty to mark a historic step forward, through greater transparency and accountability, by establishing the highest international standards and criteria for making assessments of decisions on the transfer, import and export of conventional arms;

| 4. | Calls on the international community to demonstrate its commitment to regulating the international arms trade by making full use of the Rules of Procedure to agree upon a comprehensive text that covers all the major issues necessary for a robust treaty to be agreed during the conference in July 2012; |
| --- | --- |

4.

Calls on the international community to demonstrate its commitment to regulating the international arms trade by making full use of the Rules of Procedure to agree upon a comprehensive text that covers all the major issues necessary for a robust treaty to be agreed during the conference in July 2012;

| 5. | Calls for the speedy negotiation, and urgent adoption and entry into force, of a global and comprehensive UN Arms Trade Treaty; |
| --- | --- |

5.

Calls for the speedy negotiation, and urgent adoption and entry into force, of a global and comprehensive UN Arms Trade Treaty;

Scope

| 6. | Stresses that an effective treaty should cover the widest possible range of activities in the trade in conventional weapons, including the import, export, transfer (including transit and transhipment as well as temporary import and export and re-export), manufacture under foreign licence, stockpile management, and all related services including brokering, transportation and finance; |
| --- | --- |

6.

Stresses that an effective treaty should cover the widest possible range of activities in the trade in conventional weapons, including the import, export, transfer (including transit and transhipment as well as temporary import and export and re-export), manufacture under foreign licence, stockpile management, and all related services including brokering, transportation and finance;

| 7. | Believes that an effective treaty should cover all aspects of the trade in conventional weapons including state-to-state transfers, state-to-private end-user transfers, commercial sales and leases, as well as loans, gifts, aid or any other form of transfer; |
| --- | --- |

7.

Believes that an effective treaty should cover all aspects of the trade in conventional weapons including state-to-state transfers, state-to-private end-user transfers, commercial sales and leases, as well as loans, gifts, aid or any other form of transfer;

| 8. | Believes that an effective treaty should also cover the widest spectrum of conventional weapons, including small arms and light weapons and munitions, intangible transfers, dual-use goods, the components and technologies associated with their use, manufacture or maintenance, whether for use in military or other security and law-enforcement purposes; |
| --- | --- |

8.

Believes that an effective treaty should also cover the widest spectrum of conventional weapons, including small arms and light weapons and munitions, intangible transfers, dual-use goods, the components and technologies associated with their use, manufacture or maintenance, whether for use in military or other security and law-enforcement purposes;

| 9. | Believes that proper attention should be given to the marking and traceability of conventional weapons and ammunition in order to strengthen accountability and prevent diversion of arms transfers to illicit recipients; |
| --- | --- |

9.

Believes that proper attention should be given to the marking and traceability of conventional weapons and ammunition in order to strengthen accountability and prevent diversion of arms transfers to illicit recipients;

Criteria and international standards

| 10. | Believes that the long-term success of the ATT is dependent upon the adoption of the highest, strongest and clearest possible set of standards; |
| --- | --- |

10.

Believes that the long-term success of the ATT is dependent upon the adoption of the highest, strongest and clearest possible set of standards;

| 11. | Calls for the ATT to remind States Parties that all decisions to transfer arms should be fully consistent with their international commitments, in particular with regard to international human rights law, international humanitarian law and in accordance with the United Nations Charter, including the sanctions and arms embargoes of regional organisations and the UN Security Council; takes the view that States Parties should not transfer arms to countries where there is a substantial risk that they would be used to commit or facilitate serious violations of international human rights law and international humanitarian law, including genocide, crimes against humanity and war crimes; |
| --- | --- |

11.

Calls for the ATT to remind States Parties that all decisions to transfer arms should be fully consistent with their international commitments, in particular with regard to international human rights law, international humanitarian law and in accordance with the United Nations Charter, including the sanctions and arms embargoes of regional organisations and the UN Security Council; takes the view that States Parties should not transfer arms to countries where there is a substantial risk that they would be used to commit or facilitate serious violations of international human rights law and international humanitarian law, including genocide, crimes against humanity and war crimes;

| 12. | Urges the UN member states to adopt additional binding criteria (to be developed as international standards) to guide decision-makers on arms exports; considers that these should include, in particular, the destination country’s track record on good governance, democracy, the rule of law, human rights, non-proliferation and the fight against corruption, the risk of diversion, the impact on the country’s socio-economic development and the preservation of regional peace and security; takes the view that specific anti-corruption criteria should be laid down in the treaty; |
| --- | --- |

12.

Urges the UN member states to adopt additional binding criteria (to be developed as international standards) to guide decision-makers on arms exports; considers that these should include, in particular, the destination country’s track record on good governance, democracy, the rule of law, human rights, non-proliferation and the fight against corruption, the risk of diversion, the impact on the country’s socio-economic development and the preservation of regional peace and security; takes the view that specific anti-corruption criteria should be laid down in the treaty;

| 13. | Calls on the VP/HR and the EU Members States to promote the inclusion of strong anti-corruption mechanisms in the future treaty as laid down in paragraph 3 of the EU statement of 12 July 2011; recalls the need to include a reference to corruption consistent with relevant applicable international instruments and to take adequate measures to prevent such crimes; |
| --- | --- |

13.

Calls on the VP/HR and the EU Members States to promote the inclusion of strong anti-corruption mechanisms in the future treaty as laid down in paragraph 3 of the EU statement of 12 July 2011; recalls the need to include a reference to corruption consistent with relevant applicable international instruments and to take adequate measures to prevent such crimes;

| 14. | Calls for these criteria to be set out in the form of common operational guidelines for carrying out risk assessments as a basis for making decisions on arms transfers; |
| --- | --- |

14.

Calls for these criteria to be set out in the form of common operational guidelines for carrying out risk assessments as a basis for making decisions on arms transfers;

| 15. | Calls on the European Union, irrespective of the outcome of the ATT negotiations, to continue to uphold the highest possible standards in the interpretation of the Council Common Position on Arms Exports (2008/944/CFSP) and its eight criteria, especially with regard to international human rights law and international humanitarian law; |
| --- | --- |

15.

Calls on the European Union, irrespective of the outcome of the ATT negotiations, to continue to uphold the highest possible standards in the interpretation of the Council Common Position on Arms Exports (2008/944/CFSP) and its eight criteria, especially with regard to international human rights law and international humanitarian law;

Implementation and reporting measures

| 16. | Stresses the importance of effective and credible implementation of the ATT, emphasising accountability, transparency, State Party responsibility and enhanced coordination among the competent authorities; |
| --- | --- |

16.

Stresses the importance of effective and credible implementation of the ATT, emphasising accountability, transparency, State Party responsibility and enhanced coordination among the competent authorities;

| 17. | Stresses that a robust ATT must include provisions and benchmarks committing States Parties to adopt national legislation and to establish a national authority responsible for the control of all transfers of items covered by the treaty and for meeting all reporting and implementation requirements; takes the view that the implementation of the ATT should cover end-user controls and brokering activities, including registration of operators and the licensing of their activities, disclosure by applicants of necessary information and full supporting documentation prior to issuance of an export authorisation, as well as legislative measures to establish as criminal offences all transfers of conventional arms and ammunitions not licensed by the national authority or in accordance with the treaty; |
| --- | --- |

17.

Stresses that a robust ATT must include provisions and benchmarks committing States Parties to adopt national legislation and to establish a national authority responsible for the control of all transfers of items covered by the treaty and for meeting all reporting and implementation requirements; takes the view that the implementation of the ATT should cover end-user controls and brokering activities, including registration of operators and the licensing of their activities, disclosure by applicants of necessary information and full supporting documentation prior to issuance of an export authorisation, as well as legislative measures to establish as criminal offences all transfers of conventional arms and ammunitions not licensed by the national authority or in accordance with the treaty;

| 18. | Believes that the effective implementation of the treaty will depend on promoting transparency and the exchange of information and best practices between States Parties on arms exports, imports and transfer decisions; |
| --- | --- |

18.

Believes that the effective implementation of the treaty will depend on promoting transparency and the exchange of information and best practices between States Parties on arms exports, imports and transfer decisions;

| 19. | Believes that the experience of the evolving UN Register on Conventional Arms will facilitate the building of such transparency and exchange of information, and calls for the further expansion of the categories of weapons in the register, including small arms and light weapons and munitions; |
| --- | --- |

19.

Believes that the experience of the evolving UN Register on Conventional Arms will facilitate the building of such transparency and exchange of information, and calls for the further expansion of the categories of weapons in the register, including small arms and light weapons and munitions;

| 20. | Calls for the ATT, therefore, to include strong and clear provisions for regular reporting by the States Parties on an annual basis on all arms transfer decisions, including information on types, amounts and recipients of equipment authorised for transfer, and on the implementation of the full scope and provisions of the treaty; calls for the ATT also to require State Parties to establish a system of detailed record-keeping, for at least 20 years, for all international trade and transactions processed through their national control systems; |
| --- | --- |

20.

Calls for the ATT, therefore, to include strong and clear provisions for regular reporting by the States Parties on an annual basis on all arms transfer decisions, including information on types, amounts and recipients of equipment authorised for transfer, and on the implementation of the full scope and provisions of the treaty; calls for the ATT also to require State Parties to establish a system of detailed record-keeping, for at least 20 years, for all international trade and transactions processed through their national control systems;

| 21. | Calls for the establishment of a dedicated ATT Implementation and Support Unit, the responsibilities of which would include compilation and analysis of States Parties’ reports, and for the UN Secretary-General to publish an annual report with further proposals for the strengthening of the operational provisions of the treaty; calls for the ATT Implementation and Support Unit to be granted the right also to analyse data on arms transfers and to identify discrepancies and potential breaches of the treaty and report back to the assembly of State Parties; |
| --- | --- |

21.

Calls for the establishment of a dedicated ATT Implementation and Support Unit, the responsibilities of which would include compilation and analysis of States Parties’ reports, and for the UN Secretary-General to publish an annual report with further proposals for the strengthening of the operational provisions of the treaty; calls for the ATT Implementation and Support Unit to be granted the right also to analyse data on arms transfers and to identify discrepancies and potential breaches of the treaty and report back to the assembly of State Parties;

| 22. | Calls for all such reports to be made public; |
| --- | --- |

22.

Calls for all such reports to be made public;

| 23. | Calls for the holding of annual assemblies of States Parties and a five-yearly review conference, in which civil society organisations would be encouraged to take part; |
| --- | --- |

23.

Calls for the holding of annual assemblies of States Parties and a five-yearly review conference, in which civil society organisations would be encouraged to take part;

| 24. | Believes that the long-term success of the ATT is dependent on full transparency and accountability to the competent national authorities, including parliamentary control bodies in exporting and importing countries; calls, therefore, for robust transparency mechanisms, including annual reporting, in order to strengthen the role of parliaments in holding their governments to account for decisions made on arms exports, imports and transfers; |
| --- | --- |

24.

Believes that the long-term success of the ATT is dependent on full transparency and accountability to the competent national authorities, including parliamentary control bodies in exporting and importing countries; calls, therefore, for robust transparency mechanisms, including annual reporting, in order to strengthen the role of parliaments in holding their governments to account for decisions made on arms exports, imports and transfers;

| 25. | Believes that any State Party requesting support for the implementation of its commitments under the Arms Trade Treaty should be provided with the necessary support and technical assistance; calls on the European Union to continue its activities in the area of outreach and to step up its assistance in areas such as legislative assistance, institution-building, administrative support and support for enhancement of national expertise in all bodies involved in the transfer control system, including civil society organisations and parliaments; |
| --- | --- |

25.

Believes that any State Party requesting support for the implementation of its commitments under the Arms Trade Treaty should be provided with the necessary support and technical assistance; calls on the European Union to continue its activities in the area of outreach and to step up its assistance in areas such as legislative assistance, institution-building, administrative support and support for enhancement of national expertise in all bodies involved in the transfer control system, including civil society organisations and parliaments;

The role of the EU and EP

| 26. | Recognises the coherent and consistent role played by the EU and its Member States in support of the international process to establish an arms trade treaty; calls for continued commitment and outreach ahead of the conference, including at the highest political level in démarches and summits leading up to the July conference and in the ratification and implementation processes; |
| --- | --- |

26.

Recognises the coherent and consistent role played by the EU and its Member States in support of the international process to establish an arms trade treaty; calls for continued commitment and outreach ahead of the conference, including at the highest political level in démarches and summits leading up to the July conference and in the ratification and implementation processes;

| 27. | Believes that the EU’s reply to the UN Secretary-General’s request for views on the elements of an arms trade treaty represents the appropriate basis for coordinated action by EU Member States at the international ATT Conference; |
| --- | --- |

27.

Believes that the EU’s reply to the UN Secretary-General’s request for views on the elements of an arms trade treaty represents the appropriate basis for coordinated action by EU Member States at the international ATT Conference;

| 28. | Urges the VP/HR to engage in intensive consultations and coordination efforts with all EU Member States in order to ensure that the EU speaks with one voice and promotes a strong position; |
| --- | --- |

28.

Urges the VP/HR to engage in intensive consultations and coordination efforts with all EU Member States in order to ensure that the EU speaks with one voice and promotes a strong position;

| 29. | Calls for the Member States, in line with their Lisbon Treaty commitment, to uphold the Union’s positions set out in reply to the UN Secretary-General at the Conference in order to ensure an ambitious outcome and a robust arms trade treaty; calls, therefore, on the EU Member States to openly and unequivocally declare their full support to the EU delegation taking part in the negotiations; |
| --- | --- |

29.

Calls for the Member States, in line with their Lisbon Treaty commitment, to uphold the Union’s positions set out in reply to the UN Secretary-General at the Conference in order to ensure an ambitious outcome and a robust arms trade treaty; calls, therefore, on the EU Member States to openly and unequivocally declare their full support to the EU delegation taking part in the negotiations;

| 30. | Urges the VP/HR and Member States to favour robustness with regard to the content and membership of the future treaty; urges the US to step aside from its position that the Arms Trade Treaty needs to be negotiated on the basis of consensus; |
| --- | --- |

30.

Urges the VP/HR and Member States to favour robustness with regard to the content and membership of the future treaty; urges the US to step aside from its position that the Arms Trade Treaty needs to be negotiated on the basis of consensus;

| 31. | Welcomes the VP/HR’s statement, in line with Article 34(1) of the Treaty on European Union, in which she will present to Parliament the EU’s position ahead of the Conference; |
| --- | --- |

31.

Welcomes the VP/HR’s statement, in line with Article 34(1) of the Treaty on European Union, in which she will present to Parliament the EU’s position ahead of the Conference;

*

* *

| 32. | Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative for Foreign Affairs and Security Policy, the Council, the Commission, the United Nations and the national parliaments of the EU Member States. |
| --- | --- |

32.

Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative for Foreign Affairs and Security Policy, the Council, the Commission, the United Nations and the national parliaments of the EU Member States.

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(1)  http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N06/499/77/PDF/N0649977.pdf?OpenElement

(2)  http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N09/464/71/PDF/N0946471.pdf?OpenElement

(3)  OJ L 152, 18.6.2010, p 14.

(4)  OJ L 335, 13.12.2008, p. 99.

(5)  OJ C 146 E, 12.6.2008, p. 342.

(6)  OJ C 66 E, 20.3.2009, p. 48.

(7)  OJ C 21 E, 28.1.2010, p. 2.

(8)  OJ L 146, 10.6.2009, p. 1.

(9)  http://www.sipri.org:9090/research/armaments/transfers/transparency/ national_reports/united_states/CRS_Report_DN_03-10.pdf/view

(10)  UN General Assembly Resolution 61/89.

(11)  UN General Assembly Resolution 63/240.

(12)  Figures drawn from the SIPRI Trend Indicator Values (expressed in USD at constant 1990 prices) and accessible at: http://www.sipri.org/databases/armstransfers/background/explanations2_default

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| 15.11.2013 | EN | Official Journal of the European Union | CE 332/63 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/63

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Wednesday 13 June 2012Follow-up of the elections in the Democratic Republic of Congo

P7_TA(2012)0252

European Parliament resolution of 13 June 2012 on the monitoring of elections in the Democratic Republic of Congo (2012/2673(RSP))

2013/C 332 E/11

The European Parliament,

| — | having regard to the Declaration of Principles for International Election Observation commemorated at the United Nations in October 2005, |
| --- | --- |

—

having regard to the Declaration of Principles for International Election Observation commemorated at the United Nations in October 2005,

| — | having regard to the United Nations Charter of Human Rights, |
| --- | --- |

—

having regard to the United Nations Charter of Human Rights,

| — | having regard to the African Charter on Human and Peoples’ Rights, which was ratified by the Democratic Republic of the Congo (DRC) in 1982, |
| --- | --- |

—

having regard to the African Charter on Human and Peoples’ Rights, which was ratified by the Democratic Republic of the Congo (DRC) in 1982,

| — | having regard to the Commission communication on EU election assistance and observation, |
| --- | --- |

—

having regard to the Commission communication on EU election assistance and observation,

| — | having regard to its previous resolutions on the Democratic Republic of Congo, |
| --- | --- |

—

having regard to its previous resolutions on the Democratic Republic of Congo,

| — | having regard to the Cotonou Partnership Agreement signed in June 2000, |
| --- | --- |

—

having regard to the Cotonou Partnership Agreement signed in June 2000,

| — | having regard to the resolution of 22 November 2007 of the ACP-EU Joint Parliamentary Assembly on the situation in the Democratic Republic of Congo, particularly in the east of the country, and its impact on the region, |
| --- | --- |

—

having regard to the resolution of 22 November 2007 of the ACP-EU Joint Parliamentary Assembly on the situation in the Democratic Republic of Congo, particularly in the east of the country, and its impact on the region,

| — | having regard to Council Joint Action 2009/769/CFSP of 19 October 2009 amending Joint Action 2007/405/CFSP on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo), |
| --- | --- |

—

having regard to Council Joint Action 2009/769/CFSP of 19 October 2009 amending Joint Action 2007/405/CFSP on the European Union police mission undertaken in the framework of reform of the security sector (SSR) and its interface with the system of justice in the Democratic Republic of the Congo (EUPOL RD Congo),

| — | having regard to the EUSEC RD Congo security sector reform mission, established in June 2005 (Council Joint Action 2005/355/CFSP of 2 May 2005 on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (DRC)), |
| --- | --- |

—

having regard to the EUSEC RD Congo security sector reform mission, established in June 2005 (Council Joint Action 2005/355/CFSP of 2 May 2005 on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (DRC)),

| — | having regard to the mandate of the Election Observation Mission (EU EOM) deployed by the European Union for the presidential and parliamentary elections of 28 November 2011 to provide a detailed, impartial and independent assessment of the electoral process, within the national and regional legal framework, but also in accordance with international standards and the international treaties signed by the Democratic Republic of Congo, |
| --- | --- |

—

having regard to the mandate of the Election Observation Mission (EU EOM) deployed by the European Union for the presidential and parliamentary elections of 28 November 2011 to provide a detailed, impartial and independent assessment of the electoral process, within the national and regional legal framework, but also in accordance with international standards and the international treaties signed by the Democratic Republic of Congo,

| — | having regard to the mandate of the European Parliament delegation that joined the EU EOM and endorsed its conclusions, |
| --- | --- |

—

having regard to the mandate of the European Parliament delegation that joined the EU EOM and endorsed its conclusions,

| — | having regard to the statement of 9 December 2011 by Baroness Ashton, High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the European Commission, on the electoral process in the Democratic Republic of Congo; |
| --- | --- |

—

having regard to the statement of 9 December 2011 by Baroness Ashton, High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the European Commission, on the electoral process in the Democratic Republic of Congo;

| — | having regard to the Joint Declaration by EU High Representative Ashton and Commissioner Piebalgs of 2 December 2011 on the elections and the Declaration of 7 June 2012, |
| --- | --- |

—

having regard to the Joint Declaration by EU High Representative Ashton and Commissioner Piebalgs of 2 December 2011 on the elections and the Declaration of 7 June 2012,

| — | having regard to the statement of 20 December 2011 by Baroness Ashton, High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the European Commission, on the electoral process in Democratic Republic of Congo, |
| --- | --- |

—

having regard to the statement of 20 December 2011 by Baroness Ashton, High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the European Commission, on the electoral process in Democratic Republic of Congo,

| — | having regard to the Final Report of the European Union’s Election Observation Mission in the Democratic Republic of Congo and its recommendations, |
| --- | --- |

—

having regard to the Final Report of the European Union’s Election Observation Mission in the Democratic Republic of Congo and its recommendations,

| — | having regard to the recommendations of the Independent National Electoral Commission (INEC), issued in April 2012, |
| --- | --- |

—

having regard to the recommendations of the Independent National Electoral Commission (INEC), issued in April 2012,

| — | 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,

| — | having regard to Rule 122 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 122 of its Rules of Procedure,

| A. | whereas the European Union’s Election Observation Mission in the Democratic Republic of Congo has concluded in its final report that the electoral process was marred by a lack of transparency and credibility due to the numerous irregularities and cases of fraud detected; |
| --- | --- |

A.

whereas the European Union’s Election Observation Mission in the Democratic Republic of Congo has concluded in its final report that the electoral process was marred by a lack of transparency and credibility due to the numerous irregularities and cases of fraud detected;

| B. | whereas the EU EOM in the DRC has drawn up 22 recommendations for the Congolese authorities aimed at essential measures for improving the transparency and credibility of elections that are technically feasible before the forthcoming provincial and local elections; |
| --- | --- |

B.

whereas the EU EOM in the DRC has drawn up 22 recommendations for the Congolese authorities aimed at essential measures for improving the transparency and credibility of elections that are technically feasible before the forthcoming provincial and local elections;

| C. | whereas, speaking on behalf of the EU, Vice-President / High Representative Catherine Ashton reiterated concern at the serious shortcomings and lack of transparency in the compilation and publication of the electoral results which were reported by, among others, the EU Election Observation Mission; |
| --- | --- |

C.

whereas, speaking on behalf of the EU, Vice-President / High Representative Catherine Ashton reiterated concern at the serious shortcomings and lack of transparency in the compilation and publication of the electoral results which were reported by, among others, the EU Election Observation Mission;

| D. | whereas, despite shortcomings identified by the Congolese authorities themselves and by the INEC, the Supreme Court of Justice of the DRC confirmed the definitive results of both elections and, on 16 December 2011, proclaimed the incumbent, Joseph Kabila, President re-elect; |
| --- | --- |

D.

whereas, despite shortcomings identified by the Congolese authorities themselves and by the INEC, the Supreme Court of Justice of the DRC confirmed the definitive results of both elections and, on 16 December 2011, proclaimed the incumbent, Joseph Kabila, President re-elect;

| E. | whereas the date set for the holding of provincial and local elections, namely 25 March 2012, has not been respected and whereas on 6 June 2012, the Chair of the INEC announced a revised timetable for provincial, city, municipal and local elections which extends the electoral process to 2014; |
| --- | --- |

E.

whereas the date set for the holding of provincial and local elections, namely 25 March 2012, has not been respected and whereas on 6 June 2012, the Chair of the INEC announced a revised timetable for provincial, city, municipal and local elections which extends the electoral process to 2014;

| F. | whereas the High Council for Audiovisual and Communications (CSAC) was unable to ensure that the principle of equal media coverage for all candidates was respected; |
| --- | --- |

F.

whereas the High Council for Audiovisual and Communications (CSAC) was unable to ensure that the principle of equal media coverage for all candidates was respected;

| G. | whereas impunity for serious human rights abuses is creating a climate of insecurity, and whereas the situation as regards the democratisation process in the DRC continues to give cause for concern, given that politically motivated human rights violations increased in the run-up to the presidential elections; |
| --- | --- |

G.

whereas impunity for serious human rights abuses is creating a climate of insecurity, and whereas the situation as regards the democratisation process in the DRC continues to give cause for concern, given that politically motivated human rights violations increased in the run-up to the presidential elections;

| H. | whereas the repression of human rights activists and journalists in Congo has increased and they are being arbitrarily arrested and intimidated; |
| --- | --- |

H.

whereas the repression of human rights activists and journalists in Congo has increased and they are being arbitrarily arrested and intimidated;

| I. | whereas the assassination of Floribert Chebeya Bahizire, a leading Congolese human rights activist, and the way in which the matter has been handled are not only serious crimes in themselves but also the worst sign there could be for all Congolese human rights defenders; |
| --- | --- |

I.

whereas the assassination of Floribert Chebeya Bahizire, a leading Congolese human rights activist, and the way in which the matter has been handled are not only serious crimes in themselves but also the worst sign there could be for all Congolese human rights defenders;

| J. | whereas a large number of problems built up during the pre-election period, including the changeover to a single-ballot system for the presidential elections, an unvalidated electoral roll, a lack of legitimacy on the part of the INEC, an inadequate and poorly applied legal framework and the appointment of Supreme Court judges; |
| --- | --- |

J.

whereas a large number of problems built up during the pre-election period, including the changeover to a single-ballot system for the presidential elections, an unvalidated electoral roll, a lack of legitimacy on the part of the INEC, an inadequate and poorly applied legal framework and the appointment of Supreme Court judges;

| K. | whereas, under the 10th EDF A-envelope, the EU supports good governance projects, such as the holding of democratic and transparent elections; |
| --- | --- |

K.

whereas, under the 10th EDF A-envelope, the EU supports good governance projects, such as the holding of democratic and transparent elections;

| L. | noting the EU financial contribution to these elections, amounting to EUR 47,5 million, with an additional EUR 2 million for security; appreciating the personal involvement of 147 observers in the electoral surveillance operations, as part of the EU EOM DRC 2011; |
| --- | --- |

L.

noting the EU financial contribution to these elections, amounting to EUR 47,5 million, with an additional EUR 2 million for security; appreciating the personal involvement of 147 observers in the electoral surveillance operations, as part of the EU EOM DRC 2011;

| M. | whereas in its Resolution 1991 adopted on 28 June 2011, the UN Security Council extended until 30 June 2012 the mandate of the United Nations Stabilisation Mission in the DRC (Monusco); |
| --- | --- |

M.

whereas in its Resolution 1991 adopted on 28 June 2011, the UN Security Council extended until 30 June 2012 the mandate of the United Nations Stabilisation Mission in the DRC (Monusco);

| N. | whereas increased unemployment, the social downturn and impoverishment of the population are also determining factors in undermining political stability in the Democratic Republic of the Congo; |
| --- | --- |

N.

whereas increased unemployment, the social downturn and impoverishment of the population are also determining factors in undermining political stability in the Democratic Republic of the Congo;

| O. | whereas there are 1,7 million internally displaced persons and 426 000 Congolese refugees in neighbouring countries; |
| --- | --- |

O.

whereas there are 1,7 million internally displaced persons and 426 000 Congolese refugees in neighbouring countries;

| 1. | Believes that the building of a democratic society requires, above all, strong political will and ambitious vision on the part of political leaders, governments and opposition groups, with the aim of building political institutions to guarantee the human, civil and political, social, economic and environmental rights of the population; |
| --- | --- |

1.

Believes that the building of a democratic society requires, above all, strong political will and ambitious vision on the part of political leaders, governments and opposition groups, with the aim of building political institutions to guarantee the human, civil and political, social, economic and environmental rights of the population;

| 2. | Takes the view that political leaders, civil society organisations, religious authorities and women’s associations in the DRC should reach a national consensus on adequate and appropriate institutions, and established and agreed procedures through which democratic practices can be implemented; |
| --- | --- |

2.

Takes the view that political leaders, civil society organisations, religious authorities and women’s associations in the DRC should reach a national consensus on adequate and appropriate institutions, and established and agreed procedures through which democratic practices can be implemented;

| 3. | Considers that independent judicial and media systems are essential in shaping and regulating the democratic process, with a view to reinforcing the rule of law, building democratic institutions, including a functioning parliament based on political pluralism, and strengthening the role of civil society; |
| --- | --- |

3.

Considers that independent judicial and media systems are essential in shaping and regulating the democratic process, with a view to reinforcing the rule of law, building democratic institutions, including a functioning parliament based on political pluralism, and strengthening the role of civil society;

| 4. | Takes the view that elections are necessary, but are not of themselves sufficient to create the necessary conditions for a democratisation process, which involves more than simply organising elections; considers that for a democratisation process to be successful, a commitment to the social and economic development of the country and to upholding the population’s basic rights, including the right to employment, health and education, is crucial; |
| --- | --- |

4.

Takes the view that elections are necessary, but are not of themselves sufficient to create the necessary conditions for a democratisation process, which involves more than simply organising elections; considers that for a democratisation process to be successful, a commitment to the social and economic development of the country and to upholding the population’s basic rights, including the right to employment, health and education, is crucial;

| 5. | Welcomes the fact that the Congolese people turned out in large numbers for the presidential and parliamentary elections of November 2011, thereby demonstrating their deep attachment to the building of a genuine democracy in the DRC; |
| --- | --- |

5.

Welcomes the fact that the Congolese people turned out in large numbers for the presidential and parliamentary elections of November 2011, thereby demonstrating their deep attachment to the building of a genuine democracy in the DRC;

| 6. | Encourages the government to initiate a political dialogue with all parties, including the opposition forces and civil society, paving the way for true democracy and political reform in the country; |
| --- | --- |

6.

Encourages the government to initiate a political dialogue with all parties, including the opposition forces and civil society, paving the way for true democracy and political reform in the country;

| 7. | Emphasises the importance of setting up a Constitutional Court that will ensure more transparency in the electoral process, especially as regards the settlement of electoral disputes; |
| --- | --- |

7.

Emphasises the importance of setting up a Constitutional Court that will ensure more transparency in the electoral process, especially as regards the settlement of electoral disputes;

| 8. | Reiterates its finding that the INEC has failed and recommends fundamental reforms in several areas after its composition has been revised in order to ensure genuine parity and make it more representative of Congolese civil society; |
| --- | --- |

8.

Reiterates its finding that the INEC has failed and recommends fundamental reforms in several areas after its composition has been revised in order to ensure genuine parity and make it more representative of Congolese civil society;

| 9. | Welcomes the willingness of the INEC to restore trust among the various actors and to implement the recommendations of the EU EOM, calls on the INEC, in this connection, to suggest a specific and suitable course of action; |
| --- | --- |

9.

Welcomes the willingness of the INEC to restore trust among the various actors and to implement the recommendations of the EU EOM, calls on the INEC, in this connection, to suggest a specific and suitable course of action;

| 10. | Emphasises the crucial role of Congolese civil society in the electoral process in terms of promoting civic education and national observation; calls therefore on the European Union and the international community to support the DRC in its efforts to underpin democracy and peace, to assist Congolese NGOs in increasing voter awareness and monitoring elections at home and to support the Congolese people in its bid to achieve democracy and social justice; |
| --- | --- |

10.

Emphasises the crucial role of Congolese civil society in the electoral process in terms of promoting civic education and national observation; calls therefore on the European Union and the international community to support the DRC in its efforts to underpin democracy and peace, to assist Congolese NGOs in increasing voter awareness and monitoring elections at home and to support the Congolese people in its bid to achieve democracy and social justice;

| 11. | Urges that the High Council for Audiovisual and Communications (CSAC) be allowed to operate effectively and efficiently so as to ensure that the principle of equal media coverage for all candidates in the elections is respected; |
| --- | --- |

11.

Urges that the High Council for Audiovisual and Communications (CSAC) be allowed to operate effectively and efficiently so as to ensure that the principle of equal media coverage for all candidates in the elections is respected;

| 12. | Strongly condemns the deplorable violence and violations of fundamental rights during the elections of 28 November 2011 and calls upon the Congolese authorities to make every effort to hold the necessary investigations to find the perpetrators; welcomes and encourages the work of the security forces and the law enforcement agencies in their efforts effectively to address all the human rights violations; |
| --- | --- |

12.

Strongly condemns the deplorable violence and violations of fundamental rights during the elections of 28 November 2011 and calls upon the Congolese authorities to make every effort to hold the necessary investigations to find the perpetrators; welcomes and encourages the work of the security forces and the law enforcement agencies in their efforts effectively to address all the human rights violations;

| 13. | Emphasises that no significant progress has been made in criminal investigations into human rights violations, in particular mass rape; notes that the judiciary has remained largely unable to dispense justice and offer compensation to the victims; |
| --- | --- |

13.

Emphasises that no significant progress has been made in criminal investigations into human rights violations, in particular mass rape; notes that the judiciary has remained largely unable to dispense justice and offer compensation to the victims;

| 14. | Is concerned that the killers of Floribert Chebeya, the human rights activist, are still at large despite a Court ruling; urges the Congolese justice system to consider the appeal in respect of this ruling by Chebeya’s widow and to set a date for this appeal; |
| --- | --- |

14.

Is concerned that the killers of Floribert Chebeya, the human rights activist, are still at large despite a Court ruling; urges the Congolese justice system to consider the appeal in respect of this ruling by Chebeya’s widow and to set a date for this appeal;

| 15. | Calls on the Congolese authorities, in the name of freedom of expression, not to impede, either directly or indirectly, the distribution in the DRC of the film by filmmaker Thierry Michel on this case; |
| --- | --- |

15.

Calls on the Congolese authorities, in the name of freedom of expression, not to impede, either directly or indirectly, the distribution in the DRC of the film by filmmaker Thierry Michel on this case;

| 16. | Calls on the Congolese Government to commit itself resolutely to a political practice that genuinely respects all human rights including freedom of expression and opinion, freedom to demonstrate, freedom of religion, and the end of the discrimination based on sex or sexual orientation; stresses the importance of strengthening the rule of law, good governance and the fight against corruption and control over the security services; |
| --- | --- |

16.

Calls on the Congolese Government to commit itself resolutely to a political practice that genuinely respects all human rights including freedom of expression and opinion, freedom to demonstrate, freedom of religion, and the end of the discrimination based on sex or sexual orientation; stresses the importance of strengthening the rule of law, good governance and the fight against corruption and control over the security services;

| 17. | Calls on the current DRC Government to step up its domestic efforts to enforce the rule of law and ensure the security of the Congolese people throughout the country; invites the Prime Minister, as the government member responsible for public finances, to ensure that the highest financial management standards and sound budgetary procedures become the norm in the policy-making decisions of the DRC Government; |
| --- | --- |

17.

Calls on the current DRC Government to step up its domestic efforts to enforce the rule of law and ensure the security of the Congolese people throughout the country; invites the Prime Minister, as the government member responsible for public finances, to ensure that the highest financial management standards and sound budgetary procedures become the norm in the policy-making decisions of the DRC Government;

| 18. | Notes that discrimination against women which stands in the way of their full participation in political life is continuing, despite the fact that the principle of equality between men and women and gender parity in the various decision-making bodies is enshrined in the Constitution; proposes that all necessary measures be taken to ensure the integration of women in political life and that the electoral law be amended to ensure the principle of gender parity; |
| --- | --- |

18.

Notes that discrimination against women which stands in the way of their full participation in political life is continuing, despite the fact that the principle of equality between men and women and gender parity in the various decision-making bodies is enshrined in the Constitution; proposes that all necessary measures be taken to ensure the integration of women in political life and that the electoral law be amended to ensure the principle of gender parity;

| 19. | Welcomes the announcement by the Bureau of the INEC, made by means of a press release issued on 6 June 2012, of its decision N 019/CEN/BUR/12 setting a revised timetable for the provincial, city, municipal and local elections which extends the electoral process to 2014; |
| --- | --- |

19.

Welcomes the announcement by the Bureau of the INEC, made by means of a press release issued on 6 June 2012, of its decision N 019/CEN/BUR/12 setting a revised timetable for the provincial, city, municipal and local elections which extends the electoral process to 2014;

| 20. | Calls on the INEC to present an organisational plan and a budgetary plan which outline clearly how the forthcoming elections will be organised; calls for these plans to be submitted to all the political parties and to civil society for approval; |
| --- | --- |

20.

Calls on the INEC to present an organisational plan and a budgetary plan which outline clearly how the forthcoming elections will be organised; calls for these plans to be submitted to all the political parties and to civil society for approval;

| 21. | Calls on all the members of the presidential majority, the opposition and the public administration, and on civil society and Congolese people in general, to ensure that the forthcoming elections included in the revised electoral timetable for the period 2012-2014 are transparent, credible and reliable and that human rights and fundamental freedoms are respected; |
| --- | --- |

21.

Calls on all the members of the presidential majority, the opposition and the public administration, and on civil society and Congolese people in general, to ensure that the forthcoming elections included in the revised electoral timetable for the period 2012-2014 are transparent, credible and reliable and that human rights and fundamental freedoms are respected;

| 22. | Encourages the Commission and Member States to make the Union’s financial contribution to the electoral process in the DRC dependent upon the effective implementation of the recommendations of the EU EOM; |
| --- | --- |

22.

Encourages the Commission and Member States to make the Union’s financial contribution to the electoral process in the DRC dependent upon the effective implementation of the recommendations of the EU EOM;

| 23. | Emphasises that the security and humanitarian situation in the country remains a threat to stability in the region and stresses that peace, security, democracy and good governance are preconditions for the long-term development of the DRC; |
| --- | --- |

23.

Emphasises that the security and humanitarian situation in the country remains a threat to stability in the region and stresses that peace, security, democracy and good governance are preconditions for the long-term development of the DRC;

| 24. | Calls for the Congolese Parliament to be involved in the work of monitoring the mining sector and for consideration to be given to holding an independent inquiry with a view to ensuring that the sector conducts its activities in a transparent manner; |
| --- | --- |

24.

Calls for the Congolese Parliament to be involved in the work of monitoring the mining sector and for consideration to be given to holding an independent inquiry with a view to ensuring that the sector conducts its activities in a transparent manner;

| 25. | Supports the creation of the post of Special Rapporteur for the DRC to the Human Rights Council and the renewal of Monusco’s mandate in order to protect the civilian population; |
| --- | --- |

25.

Supports the creation of the post of Special Rapporteur for the DRC to the Human Rights Council and the renewal of Monusco’s mandate in order to protect the civilian population;

| 26. | Calls on the Congolese authorities to ratify the African Charter on Democracy, Elections and Governance at the earliest opportunity; |
| --- | --- |

26.

Calls on the Congolese authorities to ratify the African Charter on Democracy, Elections and Governance at the earliest opportunity;

| 27. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the African Union, the governments of countries the Great Lakes region, the UN Human Rights Council and the authorities of the Democratic Republic of Congo. |
| --- | --- |

27.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the African Union, the governments of countries the Great Lakes region, the UN Human Rights Council and the authorities of the Democratic Republic of Congo.

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Thursday 14 June 2012

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/68 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/68

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Thursday 14 June 2012Public consultations and their availability in all EU languages

P7_TA(2012)0256

European Parliament resolution of 14 June 2012 on public consultations and their availability in all EU languages (2012/2676(RSP))

2013/C 332 E/12

The European Parliament,

| — | having regard to the Commission Communication of 8 October 2010 on smart regulation in the European Union (COM(2010)0543), announcing that the Commission would carry out a review of its consultation policy in 2011, |
| --- | --- |

—

having regard to the Commission Communication of 8 October 2010 on smart regulation in the European Union (COM(2010)0543), announcing that the Commission would carry out a review of its consultation policy in 2011,

| — | 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 Cracow declaration adopted at the Single Market Forum on 3-4 October 2011, |
| --- | --- |

—

having regard to the Cracow declaration adopted at the Single Market Forum on 3-4 October 2011,

| — | having regard to the written question of 14 March 2011 to the Commission, entitled ‘Commission communications strategy / Languages for public consultation’ (E-002327/2011), |
| --- | --- |

—

having regard to the written question of 14 March 2011 to the Commission, entitled ‘Commission communications strategy / Languages for public consultation’ (E-002327/2011),

| — | having regard to Rule 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) of its Rules of Procedure,

| A. | whereas the Commission has proposed designating 2013 as the European Year of Citizens in order to raise people’s awareness of the benefits and rights afforded by EU citizenship and stimulate their active participation in Union policy-making; |
| --- | --- |

A.

whereas the Commission has proposed designating 2013 as the European Year of Citizens in order to raise people’s awareness of the benefits and rights afforded by EU citizenship and stimulate their active participation in Union policy-making;

| B. | whereas disabled people have greater difficulties since they need accessible formats to facilitate communication; |
| --- | --- |

B.

whereas disabled people have greater difficulties since they need accessible formats to facilitate communication;

| C. | whereas the involvement of the public is a fundamental component of democratic governance, whereas well designed and communicated public consultations are one of the main tools giving substance to the EU’s policy of transparency, and whereas to date their potential for bridging the communication and information gap between citizens and the EU has not been fully exploited; |
| --- | --- |

C.

whereas the involvement of the public is a fundamental component of democratic governance, whereas well designed and communicated public consultations are one of the main tools giving substance to the EU’s policy of transparency, and whereas to date their potential for bridging the communication and information gap between citizens and the EU has not been fully exploited;

| 1. | Calls on the Commission to actively seek communication with ordinary citizens by making full use of existing communication channels to distribute consultations to the general public and conduct them, in a targeted way, in conjunction with NGOs and other stakeholders; |
| --- | --- |

1.

Calls on the Commission to actively seek communication with ordinary citizens by making full use of existing communication channels to distribute consultations to the general public and conduct them, in a targeted way, in conjunction with NGOs and other stakeholders;

| 2. | Urges the Commission to ensure that every EU citizen’s right to address the EU institutions in any of the EU official languages is fully respected and implemented by ensuring that public consultations are available in all EU official languages, that all consultations are treated equally and that there is no language-based discrimination between consultations; |
| --- | --- |

2.

Urges the Commission to ensure that every EU citizen’s right to address the EU institutions in any of the EU official languages is fully respected and implemented by ensuring that public consultations are available in all EU official languages, that all consultations are treated equally and that there is no language-based discrimination between consultations;

| 3. | Asks the Commission to ensure that all consultations are understandable to ordinary citizens and are carried out over a sufficiently long period of time to allow for increased participation; |
| --- | --- |

3.

Asks the Commission to ensure that all consultations are understandable to ordinary citizens and are carried out over a sufficiently long period of time to allow for increased participation;

| 4. | Urges the Commission to guarantee the right of disabled people to be consulted using accessible formats; |
| --- | --- |

4.

Urges the Commission to guarantee the right of disabled people to be consulted using accessible formats;

| 5. | Instructs its President to forward this resolution to the Commission. |
| --- | --- |

5.

Instructs its President to forward this resolution to the Commission.

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| 15.11.2013 | EN | Official Journal of the European Union | CE 332/69 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/69

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Thursday 14 June 2012Situation in Tibet

P7_TA(2012)0257

European Parliament resolution of 14 June 2012 on the human rights situation in Tibet (2012/2685(RSP))

2013/C 332 E/13

The European Parliament,

| — | having regard to its previous resolutions on China and Tibet, in particular its resolutions of 27 October 2011 (1) and 25 November 2010 (2), |
| --- | --- |

—

having regard to its previous resolutions on China and Tibet, in particular its resolutions of 27 October 2011 (1) and 25 November 2010 (2),

| — | having regard to its previous resolution of 7 April 2011 on the ban on the elections for the Tibetan government in exile in Nepal (3), |
| --- | --- |

—

having regard to its previous resolution of 7 April 2011 on the ban on the elections for the Tibetan government in exile in Nepal (3),

| — | 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 Article 36 of the Constitution of the People’s Republic of China, which guarantees all citizens the right to freedom of religious belief, |
| --- | --- |

—

having regard to Article 36 of the Constitution of the People’s Republic of China, which guarantees all citizens the right to freedom of religious belief,

| — | 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 respect for human rights, freedom of identity, culture, religion and association are founding principles of the EU and of its foreign policy; |
| --- | --- |

A.

whereas respect for human rights, freedom of identity, culture, religion and association are founding principles of the EU and of its foreign policy;

| B. | whereas the EU raised the question of Tibetan minority rights during the 31st round of the EU-China Human Rights Dialogue held in Brussels on 29 May 2012; whereas the EU-China Human Rights Dialogue has not resulted in any significant improvements in the human rights situation of the Tibetans; |
| --- | --- |

B.

whereas the EU raised the question of Tibetan minority rights during the 31st round of the EU-China Human Rights Dialogue held in Brussels on 29 May 2012; whereas the EU-China Human Rights Dialogue has not resulted in any significant improvements in the human rights situation of the Tibetans;

| C. | whereas the envoys of His Holiness the Dalai Lama have approached the Government of the People’s Republic of China to find a peaceful and mutually beneficial solution to the issue of Tibet; whereas the talks between the two sides have delivered no concrete results and are currently frozen; |
| --- | --- |

C.

whereas the envoys of His Holiness the Dalai Lama have approached the Government of the People’s Republic of China to find a peaceful and mutually beneficial solution to the issue of Tibet; whereas the talks between the two sides have delivered no concrete results and are currently frozen;

| D. | whereas the authorities of the People’s Republic of China used disproportionate force while dealing with the protests of 2008 in Tibet and have, ever since, imposed restrictive security measures that curtail freedom of expression, freedom of association and freedom of belief; |
| --- | --- |

D.

whereas the authorities of the People’s Republic of China used disproportionate force while dealing with the protests of 2008 in Tibet and have, ever since, imposed restrictive security measures that curtail freedom of expression, freedom of association and freedom of belief;

| E. | whereas the number of victims of the 2008 protests may have exceeded 200, the number of those detained varies from 4 434 to more than 6 500, and there were 831 known political prisoners in Tibet at the end of 2010, of whom 360 were judicially convicted and 12 were serving life sentences; |
| --- | --- |

E.

whereas the number of victims of the 2008 protests may have exceeded 200, the number of those detained varies from 4 434 to more than 6 500, and there were 831 known political prisoners in Tibet at the end of 2010, of whom 360 were judicially convicted and 12 were serving life sentences;

| F. | whereas torture, including beating, use of electroshock weapons, long-term solitary confinement, starvation and other similar measures are reportedly used to extract confessions in the prisons of Tibet by the authorities of the People’s Republic of China; |
| --- | --- |

F.

whereas torture, including beating, use of electroshock weapons, long-term solitary confinement, starvation and other similar measures are reportedly used to extract confessions in the prisons of Tibet by the authorities of the People’s Republic of China;

| G. | whereas 38 Tibetans, mostly monks and nuns, have reportedly set themselves on fire since 2009 in protest against restrictive Chinese policies in Tibet and in support of the return of the Dalai Lama and the right to religious freedom in the Aba/Ngaba county prefecture in Sichuan Province and other parts of the Tibetan plateau; |
| --- | --- |

G.

whereas 38 Tibetans, mostly monks and nuns, have reportedly set themselves on fire since 2009 in protest against restrictive Chinese policies in Tibet and in support of the return of the Dalai Lama and the right to religious freedom in the Aba/Ngaba county prefecture in Sichuan Province and other parts of the Tibetan plateau;

| H. | whereas the current state of wellbeing and the whereabouts of a number of victims of self-immolation remain unknown or unclear, namely Chimey Palden, Tenpa Darjey, Jamyang Palden, Lobsang Gyatso, Sona Rabyang, Dawa Tsering, Kelsang Wangchuck, Lobsang Kelsang, Lobsang Kunchok and Tapey; |
| --- | --- |

H.

whereas the current state of wellbeing and the whereabouts of a number of victims of self-immolation remain unknown or unclear, namely Chimey Palden, Tenpa Darjey, Jamyang Palden, Lobsang Gyatso, Sona Rabyang, Dawa Tsering, Kelsang Wangchuck, Lobsang Kelsang, Lobsang Kunchok and Tapey;

| I. | whereas Gedhun Choekyi Nyima, the 11th Panchen Lama, was detained by the authorities of the People’s Republic of China and has not been seen since 14 May 1995; |
| --- | --- |

I.

whereas Gedhun Choekyi Nyima, the 11th Panchen Lama, was detained by the authorities of the People’s Republic of China and has not been seen since 14 May 1995;

| J. | whereas Tibetan identity, language, culture and religion – the testimony to a historically rich civilisation – are endangered by the resettlement of Han people in the historical territory of Tibet and the extermination of the traditional nomadic lifestyle of the Tibetans; |
| --- | --- |

J.

whereas Tibetan identity, language, culture and religion – the testimony to a historically rich civilisation – are endangered by the resettlement of Han people in the historical territory of Tibet and the extermination of the traditional nomadic lifestyle of the Tibetans;

| K. | whereas the EU is in the process of appointing and laying down the mandate of the EU Special Representative for Human Rights; |
| --- | --- |

K.

whereas the EU is in the process of appointing and laying down the mandate of the EU Special Representative for Human Rights;

| L. | whereas the European Parliament’s previous calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of the EU to address the situation in Tibet with her Chinese counterparts have not delivered the expected results; |
| --- | --- |

L.

whereas the European Parliament’s previous calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of the EU to address the situation in Tibet with her Chinese counterparts have not delivered the expected results;

| 1. | Reiterates that the Strategic Partnership between the EU and the People’s Republic of China should be based on shared principles and values; |
| --- | --- |

1.

Reiterates that the Strategic Partnership between the EU and the People’s Republic of China should be based on shared principles and values;

| 2. | Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of the EU to increase and intensify efforts to address the human rights situation of the Tibetans in the framework of the EU-China Human Rights Dialogue; |
| --- | --- |

2.

Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of the EU to increase and intensify efforts to address the human rights situation of the Tibetans in the framework of the EU-China Human Rights Dialogue;

| 3. | Regrets, in this respect, the unwillingness of the Chinese authorities to hold the dialogue twice a year and their stance concerning the modalities and frequency of the meetings, with regard in particular to the strengthening of the civil society segment and the involvement of civil society in the dialogue; urges the Vice-President of the Commission / High Representative of the Union to make every effort to ensure that the human rights dialogue is more effective and result-oriented; |
| --- | --- |

3.

Regrets, in this respect, the unwillingness of the Chinese authorities to hold the dialogue twice a year and their stance concerning the modalities and frequency of the meetings, with regard in particular to the strengthening of the civil society segment and the involvement of civil society in the dialogue; urges the Vice-President of the Commission / High Representative of the Union to make every effort to ensure that the human rights dialogue is more effective and result-oriented;

| 4. | Commends the very important and successful democratisation process in the governance of Tibetans in exile by His Holiness the Dalai Lama and the recent transfer by him of his political powers and responsibilities to the democratically elected Kalon Tripa of the Central Tibetan Administration, which represents the aspirations of the Tibetan people; |
| --- | --- |

4.

Commends the very important and successful democratisation process in the governance of Tibetans in exile by His Holiness the Dalai Lama and the recent transfer by him of his political powers and responsibilities to the democratically elected Kalon Tripa of the Central Tibetan Administration, which represents the aspirations of the Tibetan people;

| 5. | Commends the decision of the democratically elected new Tibetan political leadership to continue to abide by the Middle-Way Policy of His Holiness the Dalai Lama, which seeks genuine autonomy for Tibetans within the People’s Republic of China and within the framework of the Chinese Constitution; |
| --- | --- |

5.

Commends the decision of the democratically elected new Tibetan political leadership to continue to abide by the Middle-Way Policy of His Holiness the Dalai Lama, which seeks genuine autonomy for Tibetans within the People’s Republic of China and within the framework of the Chinese Constitution;

| 6. | Endorses the principles set out in the Memorandum on Genuine Autonomy for the Tibetan people, proposed by the envoys of His Holiness the Dalai Lama to their Chinese counterparts in 2008, which provide the basis for a realistic and sustainable political solution to the issue of Tibet; |
| --- | --- |

6.

Endorses the principles set out in the Memorandum on Genuine Autonomy for the Tibetan people, proposed by the envoys of His Holiness the Dalai Lama to their Chinese counterparts in 2008, which provide the basis for a realistic and sustainable political solution to the issue of Tibet;

| 7. | Rejects the argument made by the Government of the People’s Republic of China that the engagement of governments with His Holiness the Dalai Lama and members of the elected Tibetan leadership and the expression of support by governments for a peaceful resolution of the issue of Tibet through dialogue and negotiations constitute breaches of the ‘One China Policy’; |
| --- | --- |

7.

Rejects the argument made by the Government of the People’s Republic of China that the engagement of governments with His Holiness the Dalai Lama and members of the elected Tibetan leadership and the expression of support by governments for a peaceful resolution of the issue of Tibet through dialogue and negotiations constitute breaches of the ‘One China Policy’;

| 8. | Calls on the authorities of the People’s Republic of China to grant meaningful autonomy to the historical territory of Tibet; |
| --- | --- |

8.

Calls on the authorities of the People’s Republic of China to grant meaningful autonomy to the historical territory of Tibet;

| 9. | Expresses disappointment that the Government of the People’s Republic of China has been unwilling to continue the dialogue with the envoys of His Holiness the Dalai Lama since January 2010 and encourages the Chinese authorities to engage in a meaningful discussion with the representatives of the Central Tibetan Administration on the future of Tibet; |
| --- | --- |

9.

Expresses disappointment that the Government of the People’s Republic of China has been unwilling to continue the dialogue with the envoys of His Holiness the Dalai Lama since January 2010 and encourages the Chinese authorities to engage in a meaningful discussion with the representatives of the Central Tibetan Administration on the future of Tibet;

| 10. | Insists that the authorities of the People’s Republic of China respect the freedom of expression, freedom of association and freedom of belief of the Tibetans; |
| --- | --- |

10.

Insists that the authorities of the People’s Republic of China respect the freedom of expression, freedom of association and freedom of belief of the Tibetans;

| 11. | Urges the authorities of the People’s Republic of China to allow an independent international investigation to be conducted into the 2008 protests and their aftermath, and calls for the release of the political prisoners; |
| --- | --- |

11.

Urges the authorities of the People’s Republic of China to allow an independent international investigation to be conducted into the 2008 protests and their aftermath, and calls for the release of the political prisoners;

| 12. | Condemns any form of torture of persons in custody and invites and asks the authorities of the People’s Republic of China to allow the independent international inspection of the prisons and detention centres in Tibet; |
| --- | --- |

12.

Condemns any form of torture of persons in custody and invites and asks the authorities of the People’s Republic of China to allow the independent international inspection of the prisons and detention centres in Tibet;

| 13. | Reiterates its condemnation of the Chinese authorities’ continued crackdown on Tibetan monasteries, and calls on the Chinese Government to guarantee freedom of religion both for the people of Tibet and for all of its citizens; |
| --- | --- |

13.

Reiterates its condemnation of the Chinese authorities’ continued crackdown on Tibetan monasteries, and calls on the Chinese Government to guarantee freedom of religion both for the people of Tibet and for all of its citizens;

| 14. | Insists that the Chinese authorities reveal the fate and whereabouts of all the victims of self-immolations in Tibet; |
| --- | --- |

14.

Insists that the Chinese authorities reveal the fate and whereabouts of all the victims of self-immolations in Tibet;

| 15. | Reiterates its call to the Chinese authorities to reveal the fate and whereabouts of Chedun Choekyi Nyima, the 11th Panchen Lama; |
| --- | --- |

15.

Reiterates its call to the Chinese authorities to reveal the fate and whereabouts of Chedun Choekyi Nyima, the 11th Panchen Lama;

| 16. | Calls on the Chinese authorities to uphold the linguistic, cultural, religious and other fundamental freedoms of Tibetans and to refrain from settlement policies in favour of the Han people and to the disadvantage of the Tibetans in historical territories of Tibet, as well as from forcing Tibetan nomads to abandon their traditional lifestyle; |
| --- | --- |

16.

Calls on the Chinese authorities to uphold the linguistic, cultural, religious and other fundamental freedoms of Tibetans and to refrain from settlement policies in favour of the Han people and to the disadvantage of the Tibetans in historical territories of Tibet, as well as from forcing Tibetan nomads to abandon their traditional lifestyle;

| 17. | Calls on the Chinese authorities to lift all restrictions and allow unfettered access and freedom of movement throughout Tibet to independent media, journalists and human rights monitors; |
| --- | --- |

17.

Calls on the Chinese authorities to lift all restrictions and allow unfettered access and freedom of movement throughout Tibet to independent media, journalists and human rights monitors;

| 18. | Calls on the EU Special Representative for Human Rights, once appointed, to report regularly on the human rights situation in the People’s Republic of China, in particular with regard to Tibet; |
| --- | --- |

18.

Calls on the EU Special Representative for Human Rights, once appointed, to report regularly on the human rights situation in the People’s Republic of China, in particular with regard to Tibet;

| 19. | Urges the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of the EU to appoint a special coordinator with a mandate to report regularly on Tibet in order to advance respect for the human rights of the Tibetan people, including their right to preserve and develop their distinctive identity and its religious, cultural and linguistic manifestations, to support constructive dialogue and negotiations between the Government of the People’s Republic of China and the envoys of His Holiness the Dalai Lama, and to provide assistance to Tibetan refugees, in particular in Nepal and India; |
| --- | --- |

19.

Urges the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of the EU to appoint a special coordinator with a mandate to report regularly on Tibet in order to advance respect for the human rights of the Tibetan people, including their right to preserve and develop their distinctive identity and its religious, cultural and linguistic manifestations, to support constructive dialogue and negotiations between the Government of the People’s Republic of China and the envoys of His Holiness the Dalai Lama, and to provide assistance to Tibetan refugees, in particular in Nepal and India;

| 20. | Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of the EU to address the human rights situation in Tibet at every meeting with the representatives of the People’s Republic of China; |
| --- | --- |

20.

Calls on the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of the EU to address the human rights situation in Tibet at every meeting with the representatives of the People’s Republic of China;

| 21. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of the EU, the governments and parliaments of the Member States, the Government and Parliament of the People’s Republic of China, the Secretary-General of the United Nations, the Tibetan Government-in-exile, the Tibetan Parliament-in-exile and His Holiness the Dalai Lama. |
| --- | --- |

21.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy of the EU, the governments and parliaments of the Member States, the Government and Parliament of the People’s Republic of China, the Secretary-General of the United Nations, the Tibetan Government-in-exile, the Tibetan Parliament-in-exile and His Holiness the Dalai Lama.

---

(1)  Texts adopted, P7_TA(2011)0474.

(2)  OJ C 99 E, 3.4.2012, p. 118.

(3)  Texts adopted, P7_TA(2011)0158.

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| 15.11.2013 | EN | Official Journal of the European Union | CE 332/72 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/72

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Thursday 14 June 2012Future of the Single Market Act

P7_TA(2012)0258

European Parliament resolution of 14 June 2012 on ‘Single Market Act: The Next Steps to Growth’ (2012/2663(RSP))

2013/C 332 E/14

The European Parliament,

| — | 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 27 October 2010 entitled ‘Towards a Single Market Act for a highly competitive social market economy: 50 proposals for improving our work, business and exchanges with one another’ (COM(2010)0608), |
| --- | --- |

—

having regard to the Commission Communication of 27 October 2010 entitled ‘Towards a Single Market Act for a highly competitive social market economy: 50 proposals for improving our work, business and exchanges with one another’ (COM(2010)0608),

| — | having regard to the Commission staff working document of 24 February 2012 entitled ‘Making the Single Market Deliver Annual Governance check-up 2011’ (SWD(2012)0025), |
| --- | --- |

—

having regard to the Commission staff working document of 24 February 2012 entitled ‘Making the Single Market Deliver Annual Governance check-up 2011’ (SWD(2012)0025),

| — | having regard to the Commission staff working paper of 16 August 2011 entitled ‘The Single Market through the lens of the people: A snapshot of citizens’ and businesses’ 20 main concerns’ (SEC(2011)1003), |
| --- | --- |

—

having regard to the Commission staff working paper of 16 August 2011 entitled ‘The Single Market through the lens of the people: A snapshot of citizens’ and businesses’ 20 main concerns’ (SEC(2011)1003),

| — | having regard to the Conclusions of the Competitiveness Council of 10 December 2010, |
| --- | --- |

—

having regard to the Conclusions of the Competitiveness Council of 10 December 2010,

| — | having regard to its resolution of 20 May 2010 on delivering a single market to consumers and citizens (1), |
| --- | --- |

—

having regard to its resolution of 20 May 2010 on delivering a single market to consumers and citizens (1),

| — | having regard to its resolution of 6 April 2011 on a single market for enterprises and growth (2), |
| --- | --- |

—

having regard to its resolution of 6 April 2011 on a single market for enterprises and growth (2),

| — | having regard to its resolution of 6 April 2011 on a single market for Europeans (3), |
| --- | --- |

—

having regard to its resolution of 6 April 2011 on a single market for Europeans (3),

| — | having regard to its resolution of 6 April 2011 on governance and partnership in the Single Market (4), |
| --- | --- |

—

having regard to its resolution of 6 April 2011 on governance and partnership in the Single Market (4),

| — | having regard to its resolution of 1 December 2011 on the outcome of the Single Market Forum (5), held in Krakow (Poland) on 3-4 October 2011, and the European Council conclusions of 23 October 2011, |
| --- | --- |

—

having regard to its resolution of 1 December 2011 on the outcome of the Single Market Forum (5), held in Krakow (Poland) on 3-4 October 2011, and the European Council conclusions of 23 October 2011,

| — | having regard to Rule 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) of its Rules of Procedure,

| A. | whereas the European Single Market has brought tremendous benefits to the citizens of Europe, whilst opening up new opportunities for European businesses, especially small and medium-sized enterprises (SMEs); |
| --- | --- |

A.

whereas the European Single Market has brought tremendous benefits to the citizens of Europe, whilst opening up new opportunities for European businesses, especially small and medium-sized enterprises (SMEs);

| B. | whereas the Single Market is a key driver for economic growth and employment in the European Union; whereas Europeans have not yet fully benefited from the potential of the Single Market in many areas and whereas new incentives are needed, in particular to ensure effective labour mobility across Europe, together with adequate social cohesion, and to facilitate selling and buying across borders; |
| --- | --- |

B.

whereas the Single Market is a key driver for economic growth and employment in the European Union; whereas Europeans have not yet fully benefited from the potential of the Single Market in many areas and whereas new incentives are needed, in particular to ensure effective labour mobility across Europe, together with adequate social cohesion, and to facilitate selling and buying across borders;

| C. | whereas the Single Market must not be seen in isolation from other horizontal policy areas, particularly health, social and consumer protection, labour law, the environment, sustainable development and external policies; whereas the concrete implementation of the EU 2020 Strategy needs a fully-fledged approach to the deepening of the Single Market; |
| --- | --- |

C.

whereas the Single Market must not be seen in isolation from other horizontal policy areas, particularly health, social and consumer protection, labour law, the environment, sustainable development and external policies; whereas the concrete implementation of the EU 2020 Strategy needs a fully-fledged approach to the deepening of the Single Market;

| D. | whereas the current economic downspin, and the re-emergence of protectionist economic attitudes in Member States, have threatened some of the most visible achievements of the European integration process, which means that it is necessary to achieve the objectives originally set by the Services Directive, in the meantime avoiding damage to traditional economical sectors; whereas the Single Market is needed more than ever as a means to revitalise the European economy, by providing a concrete response to the current long-standing crisis, and to ensure the viability of the European project in the long term; |
| --- | --- |

D.

whereas the current economic downspin, and the re-emergence of protectionist economic attitudes in Member States, have threatened some of the most visible achievements of the European integration process, which means that it is necessary to achieve the objectives originally set by the Services Directive, in the meantime avoiding damage to traditional economical sectors; whereas the Single Market is needed more than ever as a means to revitalise the European economy, by providing a concrete response to the current long-standing crisis, and to ensure the viability of the European project in the long term;

| E. | whereas the Member States and the EU institutions should agree on a binding calendar, and on the concrete measures needed to enforce the Single Market legislation and to abolish all remaining unjustified obstacles to the free circulation of goods, services and workers; |
| --- | --- |

E.

whereas the Member States and the EU institutions should agree on a binding calendar, and on the concrete measures needed to enforce the Single Market legislation and to abolish all remaining unjustified obstacles to the free circulation of goods, services and workers;

| F. | whereas the Member States and the EU institutions should focus on adopting and swiftly implementing the key pieces of legislation on growth, giving priority to tackling youth unemployment and cutting red tape; |
| --- | --- |

F.

whereas the Member States and the EU institutions should focus on adopting and swiftly implementing the key pieces of legislation on growth, giving priority to tackling youth unemployment and cutting red tape;

I.   
  Introduction

| 1. | Stresses that strengthening the Single Market and underpinning it with the right economic governance should be at the core of the EU’s growth agenda, and calls for the Single Market to be completed with utmost determination and speed, taking due account of the economic, social and environmental dimensions; |
| --- | --- |

1.

Stresses that strengthening the Single Market and underpinning it with the right economic governance should be at the core of the EU’s growth agenda, and calls for the Single Market to be completed with utmost determination and speed, taking due account of the economic, social and environmental dimensions;

| 2. | Highlights the strategic relevance of the Single Market Act, and of the identification of the ‘twelve levers’ for sustainable, smart and inclusive growth, as an important contribution to strengthening the Single Market in a comprehensive and balanced manner; emphasises that the Single Market Act is the result of a broad stakeholder and inter-institutional consultation process; |
| --- | --- |

2.

Highlights the strategic relevance of the Single Market Act, and of the identification of the ‘twelve levers’ for sustainable, smart and inclusive growth, as an important contribution to strengthening the Single Market in a comprehensive and balanced manner; emphasises that the Single Market Act is the result of a broad stakeholder and inter-institutional consultation process;

| 3. | Is of the opinion that immediate priority should be given to the adoption of the 12 key actions of the Single Market Act, especially those which will facilitate completion of the digital single market, wherever possible, by the end of 2012; calls on the Commission to assist Member States in ensuring the implementation of the key actions aiming at early transposition, well ahead of the deadline; |
| --- | --- |

3.

Is of the opinion that immediate priority should be given to the adoption of the 12 key actions of the Single Market Act, especially those which will facilitate completion of the digital single market, wherever possible, by the end of 2012; calls on the Commission to assist Member States in ensuring the implementation of the key actions aiming at early transposition, well ahead of the deadline;

| 4. | Believes that there is a need to maintain the momentum achieved with the Single Market Act and proposes, therefore, that the Single Market Act should be a rolling programme to be updated and reviewed annually; welcomes the Commission’s plan to further deepen the Single Market by taking stock of progress achieved with the Single Market Act before the end of 2012, with the aim of facilitating growth and improving the governance of the Single Market; reiterates that the Single Market Act should also address the EU’s socio-economic problems and should work towards a market that is at the service of citizens; |
| --- | --- |

4.

Believes that there is a need to maintain the momentum achieved with the Single Market Act and proposes, therefore, that the Single Market Act should be a rolling programme to be updated and reviewed annually; welcomes the Commission’s plan to further deepen the Single Market by taking stock of progress achieved with the Single Market Act before the end of 2012, with the aim of facilitating growth and improving the governance of the Single Market; reiterates that the Single Market Act should also address the EU’s socio-economic problems and should work towards a market that is at the service of citizens;

| 5. | Takes the view that the next steps for priority actions should largely be based on the growth-boosting ‘twelve levers’ of the Single Market Act, in order to focus political attention, ensure consensus around a balanced way forward, and deepen and modernise the Single Market, with special attention given to promoting its benefits to consumers and business; takes the view that the Single Market should also preserve social welfare and ensure fair working conditions; |
| --- | --- |

5.

Takes the view that the next steps for priority actions should largely be based on the growth-boosting ‘twelve levers’ of the Single Market Act, in order to focus political attention, ensure consensus around a balanced way forward, and deepen and modernise the Single Market, with special attention given to promoting its benefits to consumers and business; takes the view that the Single Market should also preserve social welfare and ensure fair working conditions;

| 6. | Requests the Commission to make relevant detailed proposals by spring 2013; |
| --- | --- |

6.

Requests the Commission to make relevant detailed proposals by spring 2013;

II.   
  Single Market governance

| 7. | Reiterates that strong leadership on the part of the European institutions, and political ownership on the part of the Member States, is required to restore the credibility of – and confidence in – the Single Market; |
| --- | --- |

7.

Reiterates that strong leadership on the part of the European institutions, and political ownership on the part of the Member States, is required to restore the credibility of – and confidence in – the Single Market;

| 8. | Stresses that poor and late transposition, and inadequate implementation and enforcement of rules, prevent citizens and businesses from taking full advantage of the benefits of the Single Market; |
| --- | --- |

8.

Stresses that poor and late transposition, and inadequate implementation and enforcement of rules, prevent citizens and businesses from taking full advantage of the benefits of the Single Market;

| 9. | Reiterates the need to reduce the transposition deficit of Single Market Directives to 0,5 % for outstanding legislation and 0,5 % for incorrectly transposed legislation by the end of 2012; |
| --- | --- |

9.

Reiterates the need to reduce the transposition deficit of Single Market Directives to 0,5 % for outstanding legislation and 0,5 % for incorrectly transposed legislation by the end of 2012;

| 10. | Stresses that there is a need for better and less EU legislation; calls on the Commission, therefore, to choose, where appropriate and principally where there is no need for further discretion when implementing EU legislation, regulations rather than directives as the preferred legal instrument for regulating the Single Market since they have clear advantages in terms of efficiency and effectiveness and create a level playing field for citizens and business, with greater potential for private enforcement; |
| --- | --- |

10.

Stresses that there is a need for better and less EU legislation; calls on the Commission, therefore, to choose, where appropriate and principally where there is no need for further discretion when implementing EU legislation, regulations rather than directives as the preferred legal instrument for regulating the Single Market since they have clear advantages in terms of efficiency and effectiveness and create a level playing field for citizens and business, with greater potential for private enforcement;

| 11. | Calls on the Commission to focus its efforts to improve the enforcement of Single Market legislation, especially in the services and goods sector, which are expected to have the highest potential for boosting economic growth in Europe; calls, therefore, on the Commission to pursue Single Market infringements swiftly and vigorously; |
| --- | --- |

11.

Calls on the Commission to focus its efforts to improve the enforcement of Single Market legislation, especially in the services and goods sector, which are expected to have the highest potential for boosting economic growth in Europe; calls, therefore, on the Commission to pursue Single Market infringements swiftly and vigorously;

| 12. | Asks the Commission to consider expanding innovative mechanisms, such as the mutual evaluation procedure of the Services Directive, to new areas in order to ensure better application of EU law; |
| --- | --- |

12.

Asks the Commission to consider expanding innovative mechanisms, such as the mutual evaluation procedure of the Services Directive, to new areas in order to ensure better application of EU law;

| 13. | Considers that correlation tables increase transparency in the process of ensuring the application of EU law; |
| --- | --- |

13.

Considers that correlation tables increase transparency in the process of ensuring the application of EU law;

| 14. | Calls on the EU and the Member States to commit themselves to cut administrative burdens by an additional 25 % by 2015 and to modernise their public administrations; |
| --- | --- |

14.

Calls on the EU and the Member States to commit themselves to cut administrative burdens by an additional 25 % by 2015 and to modernise their public administrations;

| 15. | Calls on the Commission to develop a ‘proportionality test’ to identify disproportionate EU legislation, and to repeal such legislation; |
| --- | --- |

15.

Calls on the Commission to develop a ‘proportionality test’ to identify disproportionate EU legislation, and to repeal such legislation;

| 16. | Welcomes the Commission’s 2011 ‘Governance Check-Up’, which presents for the first time an integrated view of the various tools used in a ‘Single Market governance cycle’, including the Internal Market Scoreboard, the Solvit Annual Report and the ‘Your Europe’ website; strongly reaffirms its position regarding the importance of one-stop shops; commends the Commission for its work on the Your Europe portal, and encourages completion of the development of this innovative tool which serves as an essential complement to the ‘Points of Single Contact’ network by providing a single gateway to all the information and help services that citizens and businesses need in order to make use of their rights in the Single Market; |
| --- | --- |

16.

Welcomes the Commission’s 2011 ‘Governance Check-Up’, which presents for the first time an integrated view of the various tools used in a ‘Single Market governance cycle’, including the Internal Market Scoreboard, the Solvit Annual Report and the ‘Your Europe’ website; strongly reaffirms its position regarding the importance of one-stop shops; commends the Commission for its work on the Your Europe portal, and encourages completion of the development of this innovative tool which serves as an essential complement to the ‘Points of Single Contact’ network by providing a single gateway to all the information and help services that citizens and businesses need in order to make use of their rights in the Single Market;

| 17. | Encourages the Commission to adopt, without delay, an action plan to further reinforce and strengthen the role of SOLVIT, Your Europe Advice and the European Consumers’ Centres, among others assistance services, in order to make them more visible to citizens and businesses; |
| --- | --- |

17.

Encourages the Commission to adopt, without delay, an action plan to further reinforce and strengthen the role of SOLVIT, Your Europe Advice and the European Consumers’ Centres, among others assistance services, in order to make them more visible to citizens and businesses;

| 18. | Emphasises the importance of a stronger and earlier involvement of stakeholders in designing, adopting, implementing and monitoring the measures needed to boost growth and citizens’ rights in the Single Market; emphasises, furthermore, that dialogue with social partners, national parliaments and civil society plays an essential part in restoring confidence in the Single Market, and should therefore be at the core of the renewed Single Market; |
| --- | --- |

18.

Emphasises the importance of a stronger and earlier involvement of stakeholders in designing, adopting, implementing and monitoring the measures needed to boost growth and citizens’ rights in the Single Market; emphasises, furthermore, that dialogue with social partners, national parliaments and civil society plays an essential part in restoring confidence in the Single Market, and should therefore be at the core of the renewed Single Market;

| 19. | Calls on the Member States and the Commission to involve citizens more closely in the development of the Single Market, in particular by providing clearer information that will allow them to monitor the enforcement of Single Market rules, by fostering dialogue and communication with citizens in order to better understand their expectations, and by ensuring that citizens and businesses are able to exercise their rights and meet their obligations; |
| --- | --- |

19.

Calls on the Member States and the Commission to involve citizens more closely in the development of the Single Market, in particular by providing clearer information that will allow them to monitor the enforcement of Single Market rules, by fostering dialogue and communication with citizens in order to better understand their expectations, and by ensuring that citizens and businesses are able to exercise their rights and meet their obligations;

| 20. | Reiterates the need for the continuous monitoring of the implementation of the Single Market Act at the highest political level; welcomes the engagement of the European Council with the monitoring of the implementation of the Single Market Act; calls on the Commission and the Member States to ensure proper implementation and transposition of Single Market legislation through more systematic, independent monitoring in order to guarantee a level playing field throughout the Union; proposes that transposition can be improved by working closely with Member States to discover the problems that they face when transposing legislation, including conflicts with national legislation, so that the Commission can assist them; |
| --- | --- |

20.

Reiterates the need for the continuous monitoring of the implementation of the Single Market Act at the highest political level; welcomes the engagement of the European Council with the monitoring of the implementation of the Single Market Act; calls on the Commission and the Member States to ensure proper implementation and transposition of Single Market legislation through more systematic, independent monitoring in order to guarantee a level playing field throughout the Union; proposes that transposition can be improved by working closely with Member States to discover the problems that they face when transposing legislation, including conflicts with national legislation, so that the Commission can assist them;

| 21. | Calls on the Commission to monitor the completion of the Single Market within the annual exercise of the European Semester, taking account of the annual SMA Governance Check-up and the Scoreboard reporting mechanisms; takes the view that the annual monitoring should assess the extent to which consumers and businesses alike benefit from the Single Market, and should report on obstacles to its functioning; |
| --- | --- |

21.

Calls on the Commission to monitor the completion of the Single Market within the annual exercise of the European Semester, taking account of the annual SMA Governance Check-up and the Scoreboard reporting mechanisms; takes the view that the annual monitoring should assess the extent to which consumers and businesses alike benefit from the Single Market, and should report on obstacles to its functioning;

| 22. | Invites the Commission to propose a dedicated Growth initiative built on the concept of a competitive European Social Market Economy, based on the European semester, the SMA, the EU2020 Strategy and relevant existing decisions, and underpinned by funding from, inter alia, the Structural Funds, project bonds and the Research Framework Programme; suggests that the Growth initiative should be endorsed politically by the European Council and the European Parliament, following the consultation of the national parliaments, and that this process should feed into distinct country-specific recommendations that take into account the state of implementation of the Single Market; |
| --- | --- |

22.

Invites the Commission to propose a dedicated Growth initiative built on the concept of a competitive European Social Market Economy, based on the European semester, the SMA, the EU2020 Strategy and relevant existing decisions, and underpinned by funding from, inter alia, the Structural Funds, project bonds and the Research Framework Programme; suggests that the Growth initiative should be endorsed politically by the European Council and the European Parliament, following the consultation of the national parliaments, and that this process should feed into distinct country-specific recommendations that take into account the state of implementation of the Single Market;

III.   
  The next steps to growth

| 23. | Believes that it is important that sectors which have a direct impact on the daily lives of citizens and consumers’ need to be at the centre of the Single Market policies and legislation; |
| --- | --- |

23.

Believes that it is important that sectors which have a direct impact on the daily lives of citizens and consumers’ need to be at the centre of the Single Market policies and legislation;

| 24. | Recalls the importance of an effective redress mechanism as a means of ensuring that consumers can pursue their rights; stresses that citizens should be better informed about these redress mechanisms and problem-solving tools with a view to facilitating consumer redress in cross-border purchases of goods and services; |
| --- | --- |

24.

Recalls the importance of an effective redress mechanism as a means of ensuring that consumers can pursue their rights; stresses that citizens should be better informed about these redress mechanisms and problem-solving tools with a view to facilitating consumer redress in cross-border purchases of goods and services;

| 25. | Calls on all EU Member States to ensure full and complete implementation of the Services Directive, inter alia, by setting up user-friendly and comprehensive Points of Single Contact, and to follow up the mutual evaluation process and the performance checks; considers that the Member States should consider integrating these with the Points of Single Contact required under the Goods Package; |
| --- | --- |

25.

Calls on all EU Member States to ensure full and complete implementation of the Services Directive, inter alia, by setting up user-friendly and comprehensive Points of Single Contact, and to follow up the mutual evaluation process and the performance checks; considers that the Member States should consider integrating these with the Points of Single Contact required under the Goods Package;

| 26. | Calls on the Commission to bring forward the transparency mechanism provided in Article 59 of the MRPQ (Mutual Recognition of Professional Qualifications) Directive to identify areas where Member States are disproportionately blocking access to regulated professions; |
| --- | --- |

26.

Calls on the Commission to bring forward the transparency mechanism provided in Article 59 of the MRPQ (Mutual Recognition of Professional Qualifications) Directive to identify areas where Member States are disproportionately blocking access to regulated professions;

| 27. | Highlights the crucial role of public procurement in enhancing innovation and competitiveness and calls, therefore, for momentum to be maintained in this area; calls on the Commission, the Member States and local authorities to implement the new legislation on public procurements in a strategic manner that guarantees that public money invested in works, services and supplies engender sustainable growth, employment and social cohesion; |
| --- | --- |

27.

Highlights the crucial role of public procurement in enhancing innovation and competitiveness and calls, therefore, for momentum to be maintained in this area; calls on the Commission, the Member States and local authorities to implement the new legislation on public procurements in a strategic manner that guarantees that public money invested in works, services and supplies engender sustainable growth, employment and social cohesion;

| 28. | Underlines the need to quickly use unspent EU funds for measures tackling efficiently high youth unemployment; calls on Member States and the EU institutions to swiftly agree on binding targets and measures in the area of youth mobility (‘Youth on the Move’), as well as to speedily implement the Youth Opportunities Initiative; |
| --- | --- |

28.

Underlines the need to quickly use unspent EU funds for measures tackling efficiently high youth unemployment; calls on Member States and the EU institutions to swiftly agree on binding targets and measures in the area of youth mobility (‘Youth on the Move’), as well as to speedily implement the Youth Opportunities Initiative;

| 29. | Underscores that, in the digital era, the Union must fully realise the potential and opportunities that the internet, e-commerce and the diffusion of ICT – in SMEs and in public administration – present to the further development of the Single Market, making it available to all EU citizens; emphasises that the development of new technologies must take into account the need to protect all citizens, consumers and SMEs; |
| --- | --- |

29.

Underscores that, in the digital era, the Union must fully realise the potential and opportunities that the internet, e-commerce and the diffusion of ICT – in SMEs and in public administration – present to the further development of the Single Market, making it available to all EU citizens; emphasises that the development of new technologies must take into account the need to protect all citizens, consumers and SMEs;

| 30. | Calls on the Commission to look upon the development of the digital single market as a priority, so that consumers have full access to more competitive offers of goods and services; demands further action from the Member States in coordination with the Commission to overcome hurdles preventing citizens from having access to online services; |
| --- | --- |

30.

Calls on the Commission to look upon the development of the digital single market as a priority, so that consumers have full access to more competitive offers of goods and services; demands further action from the Member States in coordination with the Commission to overcome hurdles preventing citizens from having access to online services;

| 31. | Calls for an ambitious Consumer agenda, encompassing legislative and policy actions, aimed at fully empowering average as well as vulnerable consumers; |
| --- | --- |

31.

Calls for an ambitious Consumer agenda, encompassing legislative and policy actions, aimed at fully empowering average as well as vulnerable consumers;

| 32. | Highlights the role of retail as a driver for growth and jobs, and as a building-block of the Single Market; welcomes the planned adoption of the Commission’s comprehensive Retail Action Plan, setting out a strategy for a more efficient and fair retail market in Europe, building on positive achievements and addressing outstanding challenges, as well as a Communication assessing national measures in place to deal with contractual relations; recalls that the Action Plan, and the results of the multi-stakeholder dialogue on B2B (business-to-business) practices, will be presented at the first Retail Market Roundtable, to be convened by the end of 2012; |
| --- | --- |

32.

Highlights the role of retail as a driver for growth and jobs, and as a building-block of the Single Market; welcomes the planned adoption of the Commission’s comprehensive Retail Action Plan, setting out a strategy for a more efficient and fair retail market in Europe, building on positive achievements and addressing outstanding challenges, as well as a Communication assessing national measures in place to deal with contractual relations; recalls that the Action Plan, and the results of the multi-stakeholder dialogue on B2B (business-to-business) practices, will be presented at the first Retail Market Roundtable, to be convened by the end of 2012;

| 33. | Believes that the external dimension of the Single Market needs to be reinforced, in particular by enhancing cooperation in the field of international standardisation, and that synergies achievable between the Union’s internal and external economic policies, namely between the Single Market and trade, should be pursued; |
| --- | --- |

33.

Believes that the external dimension of the Single Market needs to be reinforced, in particular by enhancing cooperation in the field of international standardisation, and that synergies achievable between the Union’s internal and external economic policies, namely between the Single Market and trade, should be pursued;

| 34. | Calls on the Commission, and urges the Member States, to promote the implementation of the Single European Sky II, for which the deployment of SESAR will play an important role, and calls on the Commission to put forward, by 2013, a proposal on the completion of a single European airspace through the reduction of the number of functional airspace blocks; |
| --- | --- |

34.

Calls on the Commission, and urges the Member States, to promote the implementation of the Single European Sky II, for which the deployment of SESAR will play an important role, and calls on the Commission to put forward, by 2013, a proposal on the completion of a single European airspace through the reduction of the number of functional airspace blocks;

| 35. | Emphasises the importance of developing infrastructures for large network industries and public services – including energy, transport services such as Cross-European railway networks, and electronic communications such as broadband access throughout the EU – as leverage for competitiveness, growth and employment; stresses the need to create a single European energy market in order to reduce EU energy dependence, enhance EU energy efficiency and improve affordability of prices; |
| --- | --- |

35.

Emphasises the importance of developing infrastructures for large network industries and public services – including energy, transport services such as Cross-European railway networks, and electronic communications such as broadband access throughout the EU – as leverage for competitiveness, growth and employment; stresses the need to create a single European energy market in order to reduce EU energy dependence, enhance EU energy efficiency and improve affordability of prices;

| 36. | Calls on the Commission to submit, no later than 31 December 2012, a proposal for a directive containing provisions on the relationship between infrastructure management and transport operations, and a proposal for opening-up the domestic rail passenger market which does not detract from the quality of rail transport services and which safeguards public service obligations; |
| --- | --- |

36.

Calls on the Commission to submit, no later than 31 December 2012, a proposal for a directive containing provisions on the relationship between infrastructure management and transport operations, and a proposal for opening-up the domestic rail passenger market which does not detract from the quality of rail transport services and which safeguards public service obligations;

| 37. | Stresses the need to foster the role of SMEs in the Single Market by ensuring access to credit and financing, and by fully implementing the Small Business Act; |
| --- | --- |

37.

Stresses the need to foster the role of SMEs in the Single Market by ensuring access to credit and financing, and by fully implementing the Small Business Act;

| 38. | Calls on the Commission to propose measures to improve framework conditions for industry, and for SMEs, especially by enhancing the European Investment Bank’s actions to support access to finance, and to foster research and innovation by substantially increasing key EU programmes for R&D and innovation and by making better use of unspent EU funds for growth-enhancing projects; |
| --- | --- |

38.

Calls on the Commission to propose measures to improve framework conditions for industry, and for SMEs, especially by enhancing the European Investment Bank’s actions to support access to finance, and to foster research and innovation by substantially increasing key EU programmes for R&D and innovation and by making better use of unspent EU funds for growth-enhancing projects;

| 39. | Recalls its request for the 14th Company Law Directive on the cross-border transfer of company seats, pointing out that such a directive would considerably facilitate companies’ mobility in Europe; asks the Commission, moreover, to present legislative proposals that follow up on the Green Paper on Corporate Governance and to include them in the 2013 Work Programme; |
| --- | --- |

39.

Recalls its request for the 14th Company Law Directive on the cross-border transfer of company seats, pointing out that such a directive would considerably facilitate companies’ mobility in Europe; asks the Commission, moreover, to present legislative proposals that follow up on the Green Paper on Corporate Governance and to include them in the 2013 Work Programme;

| 40. | Deplores the withdrawal of the proposed regulation for the statute of European mutual societies, and asks the European Commission to put forward a new proposal; requests that the Commission resume its work on the Ninth Company Law Directive on groups of companies in order to provide a regulatory framework for this common form of business association, and thereby create a set of common rules with regard to, inter alia, the protection of subsidiaries and stakeholders, and greater transparency in the legal and ownership structure; |
| --- | --- |

40.

Deplores the withdrawal of the proposed regulation for the statute of European mutual societies, and asks the European Commission to put forward a new proposal; requests that the Commission resume its work on the Ninth Company Law Directive on groups of companies in order to provide a regulatory framework for this common form of business association, and thereby create a set of common rules with regard to, inter alia, the protection of subsidiaries and stakeholders, and greater transparency in the legal and ownership structure;

| 41. | Calls on the Commission to bring forward proposals to improve the financial instruments available to support sustainable growth, such as project bonds for long-term investments, and to issue a communication on the contribution of competition policy to innovation and growth, reviewing existing rules as necessary; |
| --- | --- |

41.

Calls on the Commission to bring forward proposals to improve the financial instruments available to support sustainable growth, such as project bonds for long-term investments, and to issue a communication on the contribution of competition policy to innovation and growth, reviewing existing rules as necessary;

| 42. | Request that the Commission urgently brings forward proposals to improve the protection of investors and other retail clients with regard to financial services, notably packaged retail investment products (PRIPS), undertakings for collective investments in transferable securities (UCITS), and insurance mediation and insurance guarantee schemes; |
| --- | --- |

42.

Request that the Commission urgently brings forward proposals to improve the protection of investors and other retail clients with regard to financial services, notably packaged retail investment products (PRIPS), undertakings for collective investments in transferable securities (UCITS), and insurance mediation and insurance guarantee schemes;

| 43. | Underlines the importance of a robust financial market infrastructure to support the Single Market, and calls, therefore, on the Commission to bring forward early proposals for crisis resolution mechanisms for such an infrastructure; emphasises, furthermore, the importance of an early follow-up to the Commission’s strategy paper on the future of VAT; |
| --- | --- |

43.

Underlines the importance of a robust financial market infrastructure to support the Single Market, and calls, therefore, on the Commission to bring forward early proposals for crisis resolution mechanisms for such an infrastructure; emphasises, furthermore, the importance of an early follow-up to the Commission’s strategy paper on the future of VAT;

| 44. | Stresses the importance of the fight against tax evasion and tax avoidance at national and European level, and calls on the Commission and the Member States to coordinate taxation policies adequately in order to avoid distortion in the functioning of the Single Market, guarantee a level playing field for business and citizens and ensure sound public finances; |
| --- | --- |

44.

Stresses the importance of the fight against tax evasion and tax avoidance at national and European level, and calls on the Commission and the Member States to coordinate taxation policies adequately in order to avoid distortion in the functioning of the Single Market, guarantee a level playing field for business and citizens and ensure sound public finances;

| 45. | Reiterates its call on the Commission to produce a scoreboard presenting the obstacles faced by Union workers wishing to make use of their right to free movement, describing how these obstacles are being tackled in the Member States and serving to assess whether they are dealt with in a thorough and effective manner, not least by examining the phenomenon of ‘social dumping’; calls on the Commission to present an action plan to remove the persistent obstacles facing Union citizens wishing to make use of their right to move and work in another Member State; |
| --- | --- |

45.

Reiterates its call on the Commission to produce a scoreboard presenting the obstacles faced by Union workers wishing to make use of their right to free movement, describing how these obstacles are being tackled in the Member States and serving to assess whether they are dealt with in a thorough and effective manner, not least by examining the phenomenon of ‘social dumping’; calls on the Commission to present an action plan to remove the persistent obstacles facing Union citizens wishing to make use of their right to move and work in another Member State;

| 46. | Takes the view that Europeans have not yet fully exploited the potential of the Single Market in many areas, including the free movement of persons and workers, and that important incentives are needed, in particular, to ensure effective labour mobility across Europe, notably through the guarantee of the portability of social security and pensions rights; |
| --- | --- |

46.

Takes the view that Europeans have not yet fully exploited the potential of the Single Market in many areas, including the free movement of persons and workers, and that important incentives are needed, in particular, to ensure effective labour mobility across Europe, notably through the guarantee of the portability of social security and pensions rights;

| 47. | Calls on the Commission and the Member States, while complying with Regulation (EC) No 883/2004 and Article 153 TFEU, to undertake studies to ensure the continuity of social security protection for mobile citizens in the EU and equal treatment with nationals, also taking into consideration an optional, voluntary and transferable social security system at European level, complementary to the general system, in order to set up closer cooperation on social policy; |
| --- | --- |

47.

Calls on the Commission and the Member States, while complying with Regulation (EC) No 883/2004 and Article 153 TFEU, to undertake studies to ensure the continuity of social security protection for mobile citizens in the EU and equal treatment with nationals, also taking into consideration an optional, voluntary and transferable social security system at European level, complementary to the general system, in order to set up closer cooperation on social policy;

*

* *

| 48. | Instructs its President to forward this resolution to the Council and Commission. |
| --- | --- |

48.

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

---

(1)  OJ C 161 E, 31.5.2011, p. 84.

(2)  Texts adopted, P7_TA(2011)0146.

(3)  Texts adopted, P7_TA(2011)0145.

(4)  Texts adopted, P7_TA(2011)0144.

(5)  Texts adopted, P7_TA(2011)0543.

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/78 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/78

---

Thursday 14 June 2012Future of European company law

P7_TA(2012)0259

European Parliament resolution of 14 June 2012 on the future of European company law (2012/2669(RSP))

2013/C 332 E/15

The European Parliament,

| — | having regard to the public consultation on the future of European company law launched by the Commission on 20 February 2012 (1), |
| --- | --- |

—

having regard to the public consultation on the future of European company law launched by the Commission on 20 February 2012 (1),

| — | having regard to the conference on ‘European Company Law: the way forward’ held by the Commission on 16 and 17 May 2011 (2), |
| --- | --- |

—

having regard to the conference on ‘European Company Law: the way forward’ held by the Commission on 16 and 17 May 2011 (2),

| — | having regard to the report of the Reflection Group on the Future of European Company Law of 5 April 2011 (3), |
| --- | --- |

—

having regard to the report of the Reflection Group on the Future of European Company Law of 5 April 2011 (3),

| — | 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 the Commission communication of 10 July 2007 on a simplified business environment for companies in the areas of company law, accounting and auditing (COM(2007)0394), |
| --- | --- |

—

having regard to the Commission communication of 10 July 2007 on a simplified business environment for companies in the areas of company law, accounting and auditing (COM(2007)0394),

| — | having regard to the Commission communication of 21 May 2003 entitled ‘Modernising Company Law and Enhancing Corporate Governance in the European Union – A Plan to Move Forward’ (COM(2003)0284), |
| --- | --- |

—

having regard to the Commission communication of 21 May 2003 entitled ‘Modernising Company Law and Enhancing Corporate Governance in the European Union – A Plan to Move Forward’ (COM(2003)0284),

| — | having regard to its resolution of 21 April 2004 on ‘the communication from the Commission to the Council and the European Parliament: Modernising company law and enhancing corporate governance in the European Union – a plan to move forward’ (4), |
| --- | --- |

—

having regard to its resolution of 21 April 2004 on ‘the communication from the Commission to the Council and the European Parliament: Modernising company law and enhancing corporate governance in the European Union – a plan to move forward’ (4),

| — | having regard to its resolution of 4 July 2006 on recent developments and prospects in relation to company law (5), |
| --- | --- |

—

having regard to its resolution of 4 July 2006 on recent developments and prospects in relation to company law (5),

| — | having regard to its resolution of 25 October 2007 on the European Private Company and the Fourteenth Company Law Directive on the transfer of the company seat (6), |
| --- | --- |

—

having regard to its resolution of 25 October 2007 on the European Private Company and the Fourteenth Company Law Directive on the transfer of the company seat (6),

| — | having regard to its resolution of 10 March 2009 with recommendations to the Commission on the cross-border transfer of the registered office of a company (7), |
| --- | --- |

—

having regard to its resolution of 10 March 2009 with recommendations to the Commission on the cross-border transfer of the registered office of a company (7),

| — | 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 (8), |
| --- | --- |

—

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 (8),

| — | having regard to its resolution of 2 February 2012 with recommendations to the Commission on a 14th company law directive on the cross-border transfer of company seats (9), |
| --- | --- |

—

having regard to its resolution of 2 February 2012 with recommendations to the Commission on a 14th company law directive on the cross-border transfer of company seats (9),

| — | having regard to the question of 7 May 2012 to the Commission on the future of European company law (O-000110/2012 – B7-0117/2012), |
| --- | --- |

—

having regard to the question of 7 May 2012 to the Commission on the future of European company law (O-000110/2012 – B7-0117/2012),

| — | 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 EU regulatory framework for company law and corporate governance needs to be adapted to reflect the growing trend for European companies to operate across borders within the EU and the continuing integration of European markets; |
| --- | --- |

A.

whereas the EU regulatory framework for company law and corporate governance needs to be adapted to reflect the growing trend for European companies to operate across borders within the EU and the continuing integration of European markets;

| B. | whereas the overall objective is to enable businesses in Europe to compete more effectively and to achieve greater success in a highly competitive global environment, while ensuring appropriate protection of the interests of creditors, shareholders, members and employees; |
| --- | --- |

B.

whereas the overall objective is to enable businesses in Europe to compete more effectively and to achieve greater success in a highly competitive global environment, while ensuring appropriate protection of the interests of creditors, shareholders, members and employees;

| C. | whereas a user-friendly regulatory framework would encourage businesses, in particular SMEs, to seize the opportunities offered by the single market; |
| --- | --- |

C.

whereas a user-friendly regulatory framework would encourage businesses, in particular SMEs, to seize the opportunities offered by the single market;

| D. | whereas any future initiatives should be compatible with national corporate governance systems and national laws on worker involvement, while striving for increased flexibility and freedom of choice in respect of company forms, internal distribution of powers and sustainable company strategies; |
| --- | --- |

D.

whereas any future initiatives should be compatible with national corporate governance systems and national laws on worker involvement, while striving for increased flexibility and freedom of choice in respect of company forms, internal distribution of powers and sustainable company strategies;

| E. | whereas there is untapped potential in company legal forms at European level that should be further explored, developed and promoted; |
| --- | --- |

E.

whereas there is untapped potential in company legal forms at European level that should be further explored, developed and promoted;

| F. | whereas cross-border mobility for companies should be facilitated; |
| --- | --- |

F.

whereas cross-border mobility for companies should be facilitated;

| G. | whereas the financial crisis has demonstrated the need for a clearer corporate governance framework which focuses more strongly on stakeholder participation; |
| --- | --- |

G.

whereas the financial crisis has demonstrated the need for a clearer corporate governance framework which focuses more strongly on stakeholder participation;

| 1. | Welcomes the Commission’s recent public consultation on the future of European company law, which should help to shape future initiatives designed to simplify the business environment for companies, reduce unnecessary administrative burdens and enable companies to operate effectively within the single market, while ensuring appropriate protection of the interests of creditors, shareholders, members and employees; |
| --- | --- |

1.

Welcomes the Commission’s recent public consultation on the future of European company law, which should help to shape future initiatives designed to simplify the business environment for companies, reduce unnecessary administrative burdens and enable companies to operate effectively within the single market, while ensuring appropriate protection of the interests of creditors, shareholders, members and employees;

| 2. | Takes the view that EU company forms supplementing the existing forms available under national law have considerable potential and should be further developed and promoted; urges the Commission, in order to serve the specific needs of SMEs, to make further efforts with a view to the adoption of the Private Company Statute (SPE) (10), which could take full account of the interests of all stakeholders, in order to overcome the impasse in the Council; |
| --- | --- |

2.

Takes the view that EU company forms supplementing the existing forms available under national law have considerable potential and should be further developed and promoted; urges the Commission, in order to serve the specific needs of SMEs, to make further efforts with a view to the adoption of the Private Company Statute (SPE) (10), which could take full account of the interests of all stakeholders, in order to overcome the impasse in the Council;

| 3. | Welcomes the fact that the Commission is conducting a study on European mutual societies, as announced in its aforementioned Social Business Initiative (11), and urges it to move swiftly towards submitting a new proposal for a statute; |
| --- | --- |

3.

Welcomes the fact that the Commission is conducting a study on European mutual societies, as announced in its aforementioned Social Business Initiative (11), and urges it to move swiftly towards submitting a new proposal for a statute;

| 4. | Believes that possible reforms of the Second Company Law Directive (12) should focus on further simplification instead of introducing an alternative regime for capital formation and maintenance; |
| --- | --- |

4.

Believes that possible reforms of the Second Company Law Directive (12) should focus on further simplification instead of introducing an alternative regime for capital formation and maintenance;

| 5. | Welcomes the review of the accounting directives and suggests that the Commission further explore possibilities for developing European accounting standards, in particular with regard to the specific needs of SMEs, taking into account the traditional ideas of sustainability, long-term planning, family ownership and other traditional aspects of SMEs; |
| --- | --- |

5.

Welcomes the review of the accounting directives and suggests that the Commission further explore possibilities for developing European accounting standards, in particular with regard to the specific needs of SMEs, taking into account the traditional ideas of sustainability, long-term planning, family ownership and other traditional aspects of SMEs;

| 6. | Believes that due consideration should be given to the resumption of work on the Fifth Company Law Directive with regard to the structure and operation of public limited companies; |
| --- | --- |

6.

Believes that due consideration should be given to the resumption of work on the Fifth Company Law Directive with regard to the structure and operation of public limited companies;

| 7. | Reiterates its request to the Commission that it submit a legislative proposal laying down measures designed to facilitate cross-border mobility for companies within the EU (14th Company Law Directive on the cross-border transfer of company seats); |
| --- | --- |

7.

Reiterates its request to the Commission that it submit a legislative proposal laying down measures designed to facilitate cross-border mobility for companies within the EU (14th Company Law Directive on the cross-border transfer of company seats);

| 8. | Recalls that, in the Framework Agreement on relations between Parliament and the Commission, the latter committed itself to report on concrete follow-up to any request to submit a proposal pursuant to Article 225 TFEU within three months of the adoption of the corresponding resolution in plenary; deplores the fact that this commitment has not been honoured in respect of Parliament’s resolution with recommendations on a 14th company law directive; calls on the Commission to comply with the framework agreement by submitting more detailed follow-up reports in future; |
| --- | --- |

8.

Recalls that, in the Framework Agreement on relations between Parliament and the Commission, the latter committed itself to report on concrete follow-up to any request to submit a proposal pursuant to Article 225 TFEU within three months of the adoption of the corresponding resolution in plenary; deplores the fact that this commitment has not been honoured in respect of Parliament’s resolution with recommendations on a 14th company law directive; calls on the Commission to comply with the framework agreement by submitting more detailed follow-up reports in future;

| 9. | Suggests that the Commission resume its work on the Ninth Company Law Directive on groups of companies in order to provide a regulatory framework for this common form of business association; believes that there is no need for fully harmonised European corporate legislation on groups, but rather a need for a set of common rules on, inter alia, the protection of subsidiaries and stakeholders and greater transparency as regards legal and ownership structure; |
| --- | --- |

9.

Suggests that the Commission resume its work on the Ninth Company Law Directive on groups of companies in order to provide a regulatory framework for this common form of business association; believes that there is no need for fully harmonised European corporate legislation on groups, but rather a need for a set of common rules on, inter alia, the protection of subsidiaries and stakeholders and greater transparency as regards legal and ownership structure;

| 10. | Recalls that, according to the Commission’s Smart Regulation Agenda, legislation needs to be clearer and more accessible; takes the view that the Commission should codify EU company law in order to provide a user-friendly set of rules and to ensure the consistency of EU law; recognises the merits of a single EU company law instrument, but believes that company law directives need to be grouped together as a first step; suggests grouping them in categories, including formation and operation (e.g. the First and Second Directives and the accounting and audit directives), mobility (e.g. the Third (13), Sixth (14), Tenth (15), Eleventh (16) and 13th (17) Directives and the future 14th Directive) and EU company law forms (e.g. SE, SCE, EEIG); emphasises that this codification project should not, of course, lead to a halt in the necessary reform activities; |
| --- | --- |

10.

Recalls that, according to the Commission’s Smart Regulation Agenda, legislation needs to be clearer and more accessible; takes the view that the Commission should codify EU company law in order to provide a user-friendly set of rules and to ensure the consistency of EU law; recognises the merits of a single EU company law instrument, but believes that company law directives need to be grouped together as a first step; suggests grouping them in categories, including formation and operation (e.g. the First and Second Directives and the accounting and audit directives), mobility (e.g. the Third (13), Sixth (14), Tenth (15), Eleventh (16) and 13th (17) Directives and the future 14th Directive) and EU company law forms (e.g. SE, SCE, EEIG); emphasises that this codification project should not, of course, lead to a halt in the necessary reform activities;

| 11. | Takes the view that conflict-of-law issues also need to be tackled in the field of company law and that an academic proposal in this field (18) could serve as a starting point for further work on conflict-of-law rules with regard to companies’ cross-border operations; |
| --- | --- |

11.

Takes the view that conflict-of-law issues also need to be tackled in the field of company law and that an academic proposal in this field (18) could serve as a starting point for further work on conflict-of-law rules with regard to companies’ cross-border operations;

| 12. | Urges the Commission to present an action plan indicating the way forward after the consultation, which should outline short-, medium- and long-term initiatives to improve the regulatory framework for EU company law; believes that short-term initiatives should include the14th Company Law Directive and measures improving the EU framework for corporate governance, while mid-term initiatives should address, for instance, the Ninth Company Law Directive, and long-term initiatives the codification of EU company law; |
| --- | --- |

12.

Urges the Commission to present an action plan indicating the way forward after the consultation, which should outline short-, medium- and long-term initiatives to improve the regulatory framework for EU company law; believes that short-term initiatives should include the14th Company Law Directive and measures improving the EU framework for corporate governance, while mid-term initiatives should address, for instance, the Ninth Company Law Directive, and long-term initiatives the codification of EU company law;

| 13. | Stresses that it expects the short-term initiatives to be formally included in the legislative work programme for 2013, and target dates to be set for the medium- and long-term initiatives; |
| --- | --- |

13.

Stresses that it expects the short-term initiatives to be formally included in the legislative work programme for 2013, and target dates to be set for the medium- and long-term initiatives;

| 14. | Reiterates its earlier calls on the Commission to analyse the problems in the implementation of existing legislation so that the findings can be taken into account when considering new legislative proposals; |
| --- | --- |

14.

Reiterates its earlier calls on the Commission to analyse the problems in the implementation of existing legislation so that the findings can be taken into account when considering new legislative proposals;

| 15. | Recalls that any legislative proposal put forward by the Commission should be based on an impact assessment taking into account the interests of all stakeholders, including investors, owners, creditors and employees, in full compliance with the principles of subsidiarity and proportionality; |
| --- | --- |

15.

Recalls that any legislative proposal put forward by the Commission should be based on an impact assessment taking into account the interests of all stakeholders, including investors, owners, creditors and employees, in full compliance with the principles of subsidiarity and proportionality;

| 16. | Calls on the Commission comprehensively to inform Parliament of the results of its consultation on the future of European company law and to explain in detail the decisions it will take as a result of the outcome of that consultation; |
| --- | --- |

16.

Calls on the Commission comprehensively to inform Parliament of the results of its consultation on the future of European company law and to explain in detail the decisions it will take as a result of the outcome of that consultation;

| 17. | Instructs its President to forward this resolution to the Council, the Commission and the parliaments and governments of the Member States. |
| --- | --- |

17.

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

---

(1)  http://ec.europa.eu/internal_market/consultations/2012/company_law_en.htm

(2)  http://ec.europa.eu/internal_market/company/modern/index_en.htm#conference

(3)  http://ec.europa.eu/internal_market/company/modern/index_en.htm

(4)  OJ C 104 E, 30.4.2004, p. 714.

(5)  OJ C 303 E, 13.12.2006, p. 114.

(6)  OJ C 263 E, 16.10.2008, p. 671.

(7)  OJ C 87 E, 1.4.2010, p. 5.

(8)  OJ C 99 E, 3.4.2012, p. 19.

(9)  Texts adopted, P7_TA(2012)0019.

(10)  COM(2008)0396.

(11)  COM(2011)0682, p. 10.

(12)  OJ L 26, 31.1.1977, p. 1.

(13)  OJ L 295, 20.10.1978, p. 36.

(14)  OJ L 378, 31.12.1982, p. 47.

(15)  OJ L 310, 25.11.2005, p. 1.

(16)  OJ L 395, 30.12.1989, p. 36.

(17)  OJ L 142, 30.4.2004, p. 12.

(18)  H.-J. Sonnenberger (ed.), Vorschläge und Berichte zur Reform des europäischen und deutschen internationalen Gesellschaftsrechts – Vorgelegt im Auftrag der zweiten Kommission des Deutschen Rates für Internationales Privatrecht, Spezialkommission Internationales Gesellschaftsrecht, Mohr Siebeck, Tübingen, 2007.

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| 15.11.2013 | EN | Official Journal of the European Union | CE 332/81 |
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15.11.2013

EN

Official Journal of the European Union

CE 332/81

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Thursday 14 June 2012Towards a job-rich recovery

P7_TA(2012)0260

European Parliament resolution of 14 June 2012 on ‘Towards a job-rich recovery’ (2012/2647(RSP))

2013/C 332 E/16

The European Parliament,

| — | having regard to the Commission Communication of 18 April 2012 entitled ‘Towards a job-rich recovery’ (COM(2012)0173), |
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—

having regard to the Commission Communication of 18 April 2012 entitled ‘Towards a job-rich recovery’ (COM(2012)0173),

| — | having regard to the Commission Staff Working Document of 18 April 2012 entitled ‘Quality Framework for Traineeships’ (SWD(2012)0099), |
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—

having regard to the Commission Staff Working Document of 18 April 2012 entitled ‘Quality Framework for Traineeships’ (SWD(2012)0099),

| — | having regard to the Commission Staff Working Document of 18 April 2012 on exploiting the employment potential of the personal and household services (SWD(2012)0095), |
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—

having regard to the Commission Staff Working Document of 18 April 2012 on exploiting the employment potential of the personal and household services (SWD(2012)0095),

| — | having regard to the Commission Staff Working Document of 18 April 2012 entitled ‘Reforming EURES to meet the goals of Europe 2020’ (SWD(2012)0100), |
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—

having regard to the Commission Staff Working Document of 18 April 2012 entitled ‘Reforming EURES to meet the goals of Europe 2020’ (SWD(2012)0100),

| — | having regard to the Commission Staff Working Document of 18 April 2012 entitled ‘Implementing the Youth Opportunities Initiative: first steps taken’ (SWD(2012)0098), |
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—

having regard to the Commission Staff Working Document of 18 April 2012 entitled ‘Implementing the Youth Opportunities Initiative: first steps taken’ (SWD(2012)0098),

| — | having regard to the Commission Staff Working Document of 18 April 2012 on labour market trends and challenges (SWD(2012)0090), |
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—

having regard to the Commission Staff Working Document of 18 April 2012 on labour market trends and challenges (SWD(2012)0090),

| — | having regard to the Commission Staff Working Document of 18 April 2012 entitled ‘Open, dynamic and inclusive labour markets’ (SWD(2012)0097), |
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—

having regard to the Commission Staff Working Document of 18 April 2012 entitled ‘Open, dynamic and inclusive labour markets’ (SWD(2012)0097),

| — | having regard to the Commission Staff Working Document of 18 April 2012 entitled ‘Exploiting the employment potential of ICTs’ (SWD(2012)0096), |
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—

having regard to the Commission Staff Working Document of 18 April 2012 entitled ‘Exploiting the employment potential of ICTs’ (SWD(2012)0096),

| — | having regard to the Commission Staff Working Document of 18 April 2012 on an Action Plan for the EU Health Workforce (SWD(2012)0093), |
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—

having regard to the Commission Staff Working Document of 18 April 2012 on an Action Plan for the EU Health Workforce (SWD(2012)0093),

| — | having regard to the Commission Staff Working Document of 18 April 2012 entitled ‘Exploiting the employment potential of green growth’ (SWD(2012)0092), |
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—

having regard to the Commission Staff Working Document of 18 April 2012 entitled ‘Exploiting the employment potential of green growth’ (SWD(2012)0092),

| — | having regard to the Commission Communication of 23 November 2010 entitled 'An Agenda for new skills and jobs: a European contribution towards full employment' (COM(2010)0682) and its resolution of 26 October 2011 (1) thereon, |
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—

having regard to the Commission Communication of 23 November 2010 entitled 'An Agenda for new skills and jobs: a European contribution towards full employment' (COM(2010)0682) and its resolution of 26 October 2011 (1) thereon,

| — | having regard to its resolution of 6 July 2010 on promoting youth access to the labour market, strengthening trainee, internship and apprenticeship status (2), |
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—

having regard to its resolution of 6 July 2010 on promoting youth access to the labour market, strengthening trainee, internship and apprenticeship status (2),

| — | having regard to its resolution of 6 July 2010 on atypical contracts, secured professional paths, and new forms of social dialogue (3), |
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—

having regard to its resolution of 6 July 2010 on atypical contracts, secured professional paths, and new forms of social dialogue (3),

| — | having regard to its resolution of 7 September 2010 on developing the job potential of a new sustainable economy (4), |
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—

having regard to its resolution of 7 September 2010 on developing the job potential of a new sustainable economy (4),

| — | having regard to the Council Conclusions of 6 December 2010 on ‘Employment policies for a competitive, low-carbon, resource-efficient and green economy’, |
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—

having regard to the Council Conclusions of 6 December 2010 on ‘Employment policies for a competitive, low-carbon, resource-efficient and green economy’,

| — | having regard to the study of the European Centre for the Development of Vocational Training (Cedefop) ‘Skills for Green Jobs’, 2010, |
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—

having regard to the study of the European Centre for the Development of Vocational Training (Cedefop) ‘Skills for Green Jobs’, 2010,

| — | having regard to its resolution of 25 October 2011 on promoting workers’ mobility within the European Union (5) |
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—

having regard to its resolution of 25 October 2011 on promoting workers’ mobility within the European Union (5)

| — | having regard to the communication from the Commission of 3 March 2010 entitled 'Europe 2020: a strategy for smart, sustainable and inclusive growth' (COM(2010)2020), |
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—

having regard to the communication from the Commission of 3 March 2010 entitled 'Europe 2020: a strategy for smart, sustainable and inclusive growth' (COM(2010)2020),

| — | having regard to the communication from the Commission of 12 January 2011 entitled 'Annual Growth Survey: advancing the EU’s comprehensive response to the crisis' (COM(2011)0011), and the Draft Joint Employment Report annexed thereto, |
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—

having regard to the communication from the Commission of 12 January 2011 entitled 'Annual Growth Survey: advancing the EU’s comprehensive response to the crisis' (COM(2011)0011), and the Draft Joint Employment Report annexed thereto,

| — | having regard to the Commission staff working document of 18 April 2011 entitled ‘Progress Towards the Common European Objectives in Education and Training’ (SEC(2011)0526), |
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—

having regard to the Commission staff working document of 18 April 2011 entitled ‘Progress Towards the Common European Objectives in Education and Training’ (SEC(2011)0526),

| — | having regard to its resolution of 8 June 2011 on European cooperation in vocational education and training to support the Europe 2020 strategy (6), |
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—

having regard to its resolution of 8 June 2011 on European cooperation in vocational education and training to support the Europe 2020 strategy (6),

| — | having regard to its resolution of 15 November 2011 on the European Platform against poverty and social exclusion (7), |
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—

having regard to its resolution of 15 November 2011 on the European Platform against poverty and social exclusion (7),

| — | having regard to Rule 110(2) of its Rules of Procedure, |
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—

having regard to Rule 110(2) of its Rules of Procedure,

| A. | whereas, due to persisting structural weaknesses and the economic crisis, unemployment rates have risen from 9,5 % to 10,2 % in 2010 and 2012 respectively, equalling a total of 6 million job losses since 2008; |
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A.

whereas, due to persisting structural weaknesses and the economic crisis, unemployment rates have risen from 9,5 % to 10,2 % in 2010 and 2012 respectively, equalling a total of 6 million job losses since 2008;

| B. | whereas the challenge in terms of employment, social inclusion and combating poverty is increasing, together with the widening of divergences between Member States and between regions; |
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B.

whereas the challenge in terms of employment, social inclusion and combating poverty is increasing, together with the widening of divergences between Member States and between regions;

| C. | whereas the outlook for 2012, according to Commission forecasts, is even more unfavourable, predicting stagnation of the EU GDP in 2012 and recessions in several Member States; |
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C.

whereas the outlook for 2012, according to Commission forecasts, is even more unfavourable, predicting stagnation of the EU GDP in 2012 and recessions in several Member States;

| D. | whereas 17,6 million new jobs will have to be filled in order to meet the employment target set out in the EU 2020 Strategy for smart, sustainable and inclusive growth, which calls for 75 % of 20-64 year olds to be in employment by 2020; |
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D.

whereas 17,6 million new jobs will have to be filled in order to meet the employment target set out in the EU 2020 Strategy for smart, sustainable and inclusive growth, which calls for 75 % of 20-64 year olds to be in employment by 2020;

| E. | whereas job instability is, above all, a human tragedy for workers and their families and entails a waste of productive capacity, as skills tend to be lost as a result of excessive rotation between jobs and long periods of unemployment or inactivity; |
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E.

whereas job instability is, above all, a human tragedy for workers and their families and entails a waste of productive capacity, as skills tend to be lost as a result of excessive rotation between jobs and long periods of unemployment or inactivity;

| F. | whereas unemployment is particularly high among young people, partly due to mismatches between skills supply and demand but often also regardless of their level of education; |
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F.

whereas unemployment is particularly high among young people, partly due to mismatches between skills supply and demand but often also regardless of their level of education;

| G. | whereas austerity measures aimed at fiscal consolidation being pursued in a number of Member States have contributed to significant increases in unemployment; |
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G.

whereas austerity measures aimed at fiscal consolidation being pursued in a number of Member States have contributed to significant increases in unemployment;

| H. | whereas the financial crisis has led to significant increases in unemployment and economies in many Member States are failing to produce adequate growth to address this problem; |
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H.

whereas the financial crisis has led to significant increases in unemployment and economies in many Member States are failing to produce adequate growth to address this problem;

| I. | whereas reaching a high level of employment is also necessary to implement fiscal consolidation and the recovery of the economy, both by maintaining the level of internal consumption and by making more people contribute to the financing of the welfare state; |
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I.

whereas reaching a high level of employment is also necessary to implement fiscal consolidation and the recovery of the economy, both by maintaining the level of internal consumption and by making more people contribute to the financing of the welfare state;

| J. | whereas labour law reforms in many Member States have not led to more qualitative employment opportunities but have instead promoted a two-tier labour market where increasing numbers of workers – and often the most vulnerable groups of workers, such as women, young workers and migrants – are working under conditions of permanent precariousness and poor salaries; |
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J.

whereas labour law reforms in many Member States have not led to more qualitative employment opportunities but have instead promoted a two-tier labour market where increasing numbers of workers – and often the most vulnerable groups of workers, such as women, young workers and migrants – are working under conditions of permanent precariousness and poor salaries;

| K. | whereas the commitments set out in Member States’ National Reform Programmes are often insufficient to meet most of the EU-level targets stipulated in the EU 2020 Strategy; |
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K.

whereas the commitments set out in Member States’ National Reform Programmes are often insufficient to meet most of the EU-level targets stipulated in the EU 2020 Strategy;

| L. | whereas the EU’s 2012 Annual Growth Survey calls for resolute action to step up job creation and ensure job-intensive recovery, and whereas this message was forcefully echoed at the March 2012 European Council; |
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L.

whereas the EU’s 2012 Annual Growth Survey calls for resolute action to step up job creation and ensure job-intensive recovery, and whereas this message was forcefully echoed at the March 2012 European Council;

| M. | whereas it is the responsibility of policy-makers, both at national and EU level, to ensure that appropriate education and training facilities are available to workers to adapt their skill sets to changing economic structures and employment patterns; |
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M.

whereas it is the responsibility of policy-makers, both at national and EU level, to ensure that appropriate education and training facilities are available to workers to adapt their skill sets to changing economic structures and employment patterns;

| N. | whereas the promotion of a social, resource-efficient, sustainable and competitive economy is one of the objectives of the EU 2020 Strategy; |
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N.

whereas the promotion of a social, resource-efficient, sustainable and competitive economy is one of the objectives of the EU 2020 Strategy;

| O. | whereas deficits in qualified job-specific skills can already be observed in areas critical for innovation and at least 40 % of employment is expected to be in high-skilled, non-manual occupations by 2020; |
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O.

whereas deficits in qualified job-specific skills can already be observed in areas critical for innovation and at least 40 % of employment is expected to be in high-skilled, non-manual occupations by 2020;

| P. | whereas, according to recent statistics, one in four employers in Europe reports difficulty in filling jobs, with skilled trade workers, technicians, and engineers the hardest to find; |
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P.

whereas, according to recent statistics, one in four employers in Europe reports difficulty in filling jobs, with skilled trade workers, technicians, and engineers the hardest to find;

| Q. | whereas investment in research, innovation, education and training, which is vital for economic growth and job creation, is still lower in the EU than in its economic partners and competitors elsewhere in the world; |
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Q.

whereas investment in research, innovation, education and training, which is vital for economic growth and job creation, is still lower in the EU than in its economic partners and competitors elsewhere in the world;

| 1. | Welcomes the Commission’s proposals to complement the employment priorities of the Annual Growth Survey with medium-term policy guidance aimed at reaching the targets set out in the EU 2020 Strategy; welcomes the broad range addressed by the Employment Package and applauds the long-requested change of policy towards job creation; calls for the necessary investment in job and growth potentials in the green economy, the health and social services sector and ICT, including investment in skills, training and higher wages; |
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1.

Welcomes the Commission’s proposals to complement the employment priorities of the Annual Growth Survey with medium-term policy guidance aimed at reaching the targets set out in the EU 2020 Strategy; welcomes the broad range addressed by the Employment Package and applauds the long-requested change of policy towards job creation; calls for the necessary investment in job and growth potentials in the green economy, the health and social services sector and ICT, including investment in skills, training and higher wages;

| 2. | Deplores the fact that, despite their political commitment during the 2012 Spring European Council and the Commission’s guidance in the Communication, most Member States did not submit a National Job Plan as part of their National Reform Programme 2012, specifying comprehensive measures for job creation, green employment, the link between employment policies and financial instruments, labour market reforms and a clear timetable on how the multiannual reform agenda will be rolled out over the next 12 months; |
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2.

Deplores the fact that, despite their political commitment during the 2012 Spring European Council and the Commission’s guidance in the Communication, most Member States did not submit a National Job Plan as part of their National Reform Programme 2012, specifying comprehensive measures for job creation, green employment, the link between employment policies and financial instruments, labour market reforms and a clear timetable on how the multiannual reform agenda will be rolled out over the next 12 months;

| 3. | Points out that labour market policies cannot compensate for failing macro-economic policies and calls on the Commission to mainstream the four objectives of the ILO Decent Work Agenda in all the proposals aimed at job creation: creating jobs, guaranteeing rights at work, extending social protection and promoting social dialogue; |
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3.

Points out that labour market policies cannot compensate for failing macro-economic policies and calls on the Commission to mainstream the four objectives of the ILO Decent Work Agenda in all the proposals aimed at job creation: creating jobs, guaranteeing rights at work, extending social protection and promoting social dialogue;

| 4. | Welcomes the Commission’s initiative of a labour market monitoring system and individual tracking scheme for countries that do not comply with country-specific recommendations; urges the Commission to include monitoring to help move towards the EU2020 poverty and social inclusion objective in this system; |
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4.

Welcomes the Commission’s initiative of a labour market monitoring system and individual tracking scheme for countries that do not comply with country-specific recommendations; urges the Commission to include monitoring to help move towards the EU2020 poverty and social inclusion objective in this system;

| 5. | Urges the Heads of State or Government of the EU to commit to a European investment package before the end of 2012; believes that such a package could push Europe out of the crisis if it includes concrete commitments at national and European level for investment to create sustainable growth and jobs in key sectors such as resource efficiency and management, renewables, energy efficiency or recycling/reusing; points to the Energy Efficiency Directive as a concrete example of European legislation which could create up to 2 million new jobs; |
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5.

Urges the Heads of State or Government of the EU to commit to a European investment package before the end of 2012; believes that such a package could push Europe out of the crisis if it includes concrete commitments at national and European level for investment to create sustainable growth and jobs in key sectors such as resource efficiency and management, renewables, energy efficiency or recycling/reusing; points to the Energy Efficiency Directive as a concrete example of European legislation which could create up to 2 million new jobs;

| 6. | Welcomes the proposal to reduce the tax wedge on labour in a budgetary-neutral way; recalls that the average tax wedge between what it costs for an employer to hire a worker and the worker’s real pay is often above 40 % in the EU; believes that shifting the tax burden may enable companies benefiting from these exemptions/reductions to create new jobs or to increase wages; |
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6.

Welcomes the proposal to reduce the tax wedge on labour in a budgetary-neutral way; recalls that the average tax wedge between what it costs for an employer to hire a worker and the worker’s real pay is often above 40 % in the EU; believes that shifting the tax burden may enable companies benefiting from these exemptions/reductions to create new jobs or to increase wages;

| 7. | Agrees with the Commission that more ambitious renewable energy targets trigger investments and hence employment in knowledge-intensive generation technologies; urges Member States to move towards an economic model based on the principle of resource efficiency; points to the Commission’s finding that every percentage point reduction in resource use could lead to up to 100 000 to 200 000 new jobs; |
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7.

Agrees with the Commission that more ambitious renewable energy targets trigger investments and hence employment in knowledge-intensive generation technologies; urges Member States to move towards an economic model based on the principle of resource efficiency; points to the Commission’s finding that every percentage point reduction in resource use could lead to up to 100 000 to 200 000 new jobs;

| 8. | Supports the idea that entrepreneurship, business-start-ups and self-employment should be promoted as a means of creating more jobs, in particular since SMEs and microenterprises provide over two thirds of the EU’s private sector jobs, and calls on the Commission and the Member States to increase investment in these areas, in particular through public procurement and access to finance; |
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8.

Supports the idea that entrepreneurship, business-start-ups and self-employment should be promoted as a means of creating more jobs, in particular since SMEs and microenterprises provide over two thirds of the EU’s private sector jobs, and calls on the Commission and the Member States to increase investment in these areas, in particular through public procurement and access to finance;

| 9. | Welcomes investment in social business and social entrepreneurship, which provides a good option to meet social needs that are not satisfied by public goods and services; |
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9.

Welcomes investment in social business and social entrepreneurship, which provides a good option to meet social needs that are not satisfied by public goods and services;

| 10. | Calls on the Commission to observe the ‘Think Small First’ principle and to carefully monitor the implementation of appropriate reductions in order to ensure that SMEs do not suffer from disproportionate administrative burden or obstacles to free trade within the Single Market, while ensuring that labour law and social regulations are properly respected at all levels; |
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10.

Calls on the Commission to observe the ‘Think Small First’ principle and to carefully monitor the implementation of appropriate reductions in order to ensure that SMEs do not suffer from disproportionate administrative burden or obstacles to free trade within the Single Market, while ensuring that labour law and social regulations are properly respected at all levels;

| 11. | Urges the Member States to remove immediately all restrictions on free labour market access to workers from Bulgaria and Romania; points to the negative impact these restrictions have on undeclared, irregular employment and to the abuse which takes place; |
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11.

Urges the Member States to remove immediately all restrictions on free labour market access to workers from Bulgaria and Romania; points to the negative impact these restrictions have on undeclared, irregular employment and to the abuse which takes place;

| 12. | Calls on the Member States to step up their fight against informal or undeclared work and ‘forced self employment’ by providing sufficient means to labour inspection, introducing information campaigns about the risks and disadvantages of illegal work, combining more and better enforcement of existing labour laws and labour standards to combat undeclared work, the general application of the equal treatment principle, a stronger role of the EU in promoting more and better cooperation and coordination between national labour and social inspectorates, with preventive measures with controls and appropriate sanctions and by closely monitoring progress made in this area; |
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12.

Calls on the Member States to step up their fight against informal or undeclared work and ‘forced self employment’ by providing sufficient means to labour inspection, introducing information campaigns about the risks and disadvantages of illegal work, combining more and better enforcement of existing labour laws and labour standards to combat undeclared work, the general application of the equal treatment principle, a stronger role of the EU in promoting more and better cooperation and coordination between national labour and social inspectorates, with preventive measures with controls and appropriate sanctions and by closely monitoring progress made in this area;

| 13. | Welcomes the launch of the public consultation on employment in the health and social care sectors; considers that these sectors can play an important role in the achievement of the EU 2020 employment and social inclusion targets; calls on the Commission, in any future policy proposals, to take into account the ILO Convention, supplemented by a recommendation on domestic workers to improve the existing working conditions in these sectors; |
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13.

Welcomes the launch of the public consultation on employment in the health and social care sectors; considers that these sectors can play an important role in the achievement of the EU 2020 employment and social inclusion targets; calls on the Commission, in any future policy proposals, to take into account the ILO Convention, supplemented by a recommendation on domestic workers to improve the existing working conditions in these sectors;

| 14. | Agrees with the Commission that cohesion policy, EAFRD and EMFF funds are important sources of investment which stimulate sustainable growth and job creation; calls on the Commission and the Member States to ensure the efficient use of these funds and of the Microfinance Facility to their full potential for investment in education, training, self-employment, labour mobility and productivity; |
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14.

Agrees with the Commission that cohesion policy, EAFRD and EMFF funds are important sources of investment which stimulate sustainable growth and job creation; calls on the Commission and the Member States to ensure the efficient use of these funds and of the Microfinance Facility to their full potential for investment in education, training, self-employment, labour mobility and productivity;

| 15. | Calls for faster and easier processing of application and approval procedures for EU funding programmes for growth and innovation; |
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15.

Calls for faster and easier processing of application and approval procedures for EU funding programmes for growth and innovation;

| 16. | Welcomes the Commission proposal that stresses the benefit of setting minimum wages at Member State level to fight in-work poverty and social dumping and to boost aggregate demand; considers that any such proposal must take note of and respect national practices of collective bargaining; |
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16.

Welcomes the Commission proposal that stresses the benefit of setting minimum wages at Member State level to fight in-work poverty and social dumping and to boost aggregate demand; considers that any such proposal must take note of and respect national practices of collective bargaining;

| 17. | Is convinced that employment protection legislation must be adapted to encourage companies to create new jobs, to help increase mobility and the adjustment capacity of labour markets and at the same time to help to address segmentation across the EU; |
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17.

Is convinced that employment protection legislation must be adapted to encourage companies to create new jobs, to help increase mobility and the adjustment capacity of labour markets and at the same time to help to address segmentation across the EU;

| 18. | Calls on the Commission to address the real causes of labour market segmentation, such as gender inequality and the lack of policies to support the work-life balance; |
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18.

Calls on the Commission to address the real causes of labour market segmentation, such as gender inequality and the lack of policies to support the work-life balance;

| 19. | Agrees that internal flexibility of working time organisation can help to maintain employment and lower adjustment costs in times of economic contraction, although it cannot replace growth policies; stresses however that measures must be tailored to social circumstances, negotiated with social partners and consistent with the interests of both employers and workers; |
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19.

Agrees that internal flexibility of working time organisation can help to maintain employment and lower adjustment costs in times of economic contraction, although it cannot replace growth policies; stresses however that measures must be tailored to social circumstances, negotiated with social partners and consistent with the interests of both employers and workers;

| 20. | Agrees with the Commission that all types of contractual arrangements should give jobholders access to a core set of rights, including pension rights, social protection and access to lifelong learning; |
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20.

Agrees with the Commission that all types of contractual arrangements should give jobholders access to a core set of rights, including pension rights, social protection and access to lifelong learning;

| 21. | Welcomes the Commission’s initiative to launch the EU Skills Panorama, which will improve transparency and access for jobseekers and will increase workers’ mobility; |
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21.

Welcomes the Commission’s initiative to launch the EU Skills Panorama, which will improve transparency and access for jobseekers and will increase workers’ mobility;

| 22. | Welcomes the recent legislative initiative by the Commission on professional qualifications; considers it crucial to strengthen the mutual recognition of diplomas and professional qualifications and to develop a mechanism for enhanced mutual recognition of competences and skills; |
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22.

Welcomes the recent legislative initiative by the Commission on professional qualifications; considers it crucial to strengthen the mutual recognition of diplomas and professional qualifications and to develop a mechanism for enhanced mutual recognition of competences and skills;

| 23. | Calls on the Commission to make the European Skills Passport a reality before the end of 2012 in order to ensure equality and non-discrimination in terms of the means and the place where skills have been acquired, to allow for more efficiency in the matching of skills demand and supply and to promote workers’ mobility across borders; |
| --- | --- |

23.

Calls on the Commission to make the European Skills Passport a reality before the end of 2012 in order to ensure equality and non-discrimination in terms of the means and the place where skills have been acquired, to allow for more efficiency in the matching of skills demand and supply and to promote workers’ mobility across borders;

| 24. | Welcomes the Commission’s Staff Working Document on the Quality Framework for Traineeships and looks forward to the results of the study on the overview of traineeship arrangements in the Member States, and calls on the Commission to propose that internships should always be associated with a qualification process; invites the Commission to present as soon as possible a proposal for a Council Recommendation on a Quality Framework for Traineeships and a Council Recommendation on Youth Guarantees Regulation, and to define minimum standards supporting the provision and take-up of high-quality traineeships; |
| --- | --- |

24.

Welcomes the Commission’s Staff Working Document on the Quality Framework for Traineeships and looks forward to the results of the study on the overview of traineeship arrangements in the Member States, and calls on the Commission to propose that internships should always be associated with a qualification process; invites the Commission to present as soon as possible a proposal for a Council Recommendation on a Quality Framework for Traineeships and a Council Recommendation on Youth Guarantees Regulation, and to define minimum standards supporting the provision and take-up of high-quality traineeships;

| 25. | Stresses that the employment situation of young people is highly dependent on the overall economic situation; stresses the importance of support, guidance and monitoring of young people in their move from education to professional life; calls on the Commission to align any future policy proposals in this area with the ‘Youth on the Move’ and ‘Youth Opportunities’ initiatives; calls on Member States to start an exchange on best practice in fighting youth unemployment; |
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25.

Stresses that the employment situation of young people is highly dependent on the overall economic situation; stresses the importance of support, guidance and monitoring of young people in their move from education to professional life; calls on the Commission to align any future policy proposals in this area with the ‘Youth on the Move’ and ‘Youth Opportunities’ initiatives; calls on Member States to start an exchange on best practice in fighting youth unemployment;

| 26. | Calls on the Member States, the Commission and the Council to use, in close cooperation with social partners, every opportunity to ensure that every young EU citizen can start work or training after a maximum period of four months of unemployment by implementing the European Youth Guarantee; believes that Member States should make the Youth Guarantee legally enforceable in order to effectively improve the situation of young people who are neither in employment nor in education or training and to gradually overcome the problem of youth unemployment in the EU; stresses that the Youth Guarantee needs specific European financial support, especially in the Member States with the highest youth unemployment rates; |
| --- | --- |

26.

Calls on the Member States, the Commission and the Council to use, in close cooperation with social partners, every opportunity to ensure that every young EU citizen can start work or training after a maximum period of four months of unemployment by implementing the European Youth Guarantee; believes that Member States should make the Youth Guarantee legally enforceable in order to effectively improve the situation of young people who are neither in employment nor in education or training and to gradually overcome the problem of youth unemployment in the EU; stresses that the Youth Guarantee needs specific European financial support, especially in the Member States with the highest youth unemployment rates;

| 27. | Calls on the Commission to support the Member States in their fight against unemployment and youth unemployment with unused allocations from the Structural Funds; |
| --- | --- |

27.

Calls on the Commission to support the Member States in their fight against unemployment and youth unemployment with unused allocations from the Structural Funds;

| 28. | Joins the Commission in its call for the Member States to enhance their use of the EURES system; stresses the key role of EURES in the functioning of the Internal Market through advising workers and jobseekers as regards their rights in other Member States; calls for full involvement of the European Parliament with regard to the reform of the structure and governance of the EURES network; |
| --- | --- |

28.

Joins the Commission in its call for the Member States to enhance their use of the EURES system; stresses the key role of EURES in the functioning of the Internal Market through advising workers and jobseekers as regards their rights in other Member States; calls for full involvement of the European Parliament with regard to the reform of the structure and governance of the EURES network;

| 29. | Welcomes the Commission’s initiatives aimed at reducing disadvantages and the integration of women in the labour market by providing equal pay and adequate childcare, and by eliminating all discrimination and tax-benefits disincentives that prevent female participation in the labour market; calls on the Member States to take further action in these areas; |
| --- | --- |

29.

Welcomes the Commission’s initiatives aimed at reducing disadvantages and the integration of women in the labour market by providing equal pay and adequate childcare, and by eliminating all discrimination and tax-benefits disincentives that prevent female participation in the labour market; calls on the Member States to take further action in these areas;

| 30. | Urges the Commission to speed up the work on the Pension Portability Directive, as legal uncertainty concerning social security provisions and pension rights is one of the main obstacles to the free movement of workers; |
| --- | --- |

30.

Urges the Commission to speed up the work on the Pension Portability Directive, as legal uncertainty concerning social security provisions and pension rights is one of the main obstacles to the free movement of workers;

| 31. | Calls on the Member States to adopt or maintain growth-friendly policies, including the prioritisation of spending in the areas of education, life-long learning, research and innovation, despite the austerity measures necessitated by the economic crisis and the need to minimise the burden of public debt, especially in the euro area; |
| --- | --- |

31.

Calls on the Member States to adopt or maintain growth-friendly policies, including the prioritisation of spending in the areas of education, life-long learning, research and innovation, despite the austerity measures necessitated by the economic crisis and the need to minimise the burden of public debt, especially in the euro area;

| 32. | Urges the Commission to strengthen fair mobility and combat any misuse of posted workers, both in host and home countries; |
| --- | --- |

32.

Urges the Commission to strengthen fair mobility and combat any misuse of posted workers, both in host and home countries;

| 33. | Instructs its President to forward this resolution to the Commission and the Council. |
| --- | --- |

33.

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

---

(1)  Texts adopted, P7_TA(2011)0466.

(2)  OJ C 351 E, 2.12.2011, p. 29.

(3)  OJ C 351 E, 2.12.2011, p. 39.

(4)  OJ C 308 E, 20.10.2011, p. 6.

(5)  Texts adopted, P7_TA(2011)0455.

(6)  Texts adopted, P7_TA(2011)0263.

(7)  Texts adopted, P7_TA(2011)0495.

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/87 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/87

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Thursday 14 June 2012Female genital mutilation

P7_TA(2012)0261

European Parliament resolution of 14 June 2012 on ending female genital mutilation (2012/2684(RSP))

2013/C 332 E/17

The European Parliament,

| — | having regard to the reports submitted under the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Optional Protocol thereto, and to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, |
| --- | --- |

—

having regard to the reports submitted under the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Optional Protocol thereto, and to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

| — | having regard to its resolution of 24 March 2009 on combating female genital mutilation in the EU (1), |
| --- | --- |

—

having regard to its resolution of 24 March 2009 on combating female genital mutilation in the EU (1),

| — | having regard to the report of the UN Secretary-General of 5 December 2011 entitled ‘Ending female genital mutilation’, |
| --- | --- |

—

having regard to the report of the UN Secretary-General of 5 December 2011 entitled ‘Ending female genital mutilation’,

| — | having regard to the EPSCO Council Conclusions of 8 March 2010 on the eradication of violence against women in the European Union, which call for an international approach to fighting female genital mutilation, |
| --- | --- |

—

having regard to the EPSCO Council Conclusions of 8 March 2010 on the eradication of violence against women in the European Union, which call for an international approach to fighting female genital mutilation,

| — | having regard to the Council of Europe Convention of 12 April 2011 on preventing and combating violence against women and domestic violence, |
| --- | --- |

—

having regard to the Council of Europe Convention of 12 April 2011 on preventing and combating violence against women and domestic violence,

| — | having regard to the EU Guidelines on violence against women and girls and combating all forms of discrimination against them, adopted by the General Affairs Council of 8 December 2008, |
| --- | --- |

—

having regard to the EU Guidelines on violence against women and girls and combating all forms of discrimination against them, adopted by the General Affairs Council of 8 December 2008,

| — | having regard to its resolution of 5 April 2011 on priorities and outline of a new EU policy framework to fight violence against women (2), |
| --- | --- |

—

having regard to its resolution of 5 April 2011 on priorities and outline of a new EU policy framework to fight violence against women (2),

| — | having regard to its resolution of 18 April 2012 on the Annual Report on Human Rights in the World and the European Union’s policy on the matter, including implications for the EU’s strategic human rights (3), |
| --- | --- |

—

having regard to its resolution of 18 April 2012 on the Annual Report on Human Rights in the World and the European Union’s policy on the matter, including implications for the EU’s strategic human rights (3),

| — | 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 female genital mutilation is an irreparable abuse that intentionally alters or causes injury to female genitals for non-medical reasons, with irreversible consequences which affect 140 million women and girls alive today, and whereas a further three million girls are at risk of undergoing the procedure each year; |
| --- | --- |

A.

whereas female genital mutilation is an irreparable abuse that intentionally alters or causes injury to female genitals for non-medical reasons, with irreversible consequences which affect 140 million women and girls alive today, and whereas a further three million girls are at risk of undergoing the procedure each year;

| B. | whereas at least 500 000 women and girls in Europe are living with female genital mutilation and an estimated 180 000 girls are at risk, according to the WHO; whereas, according to experts, these figures are underestimated and do not take into account second-generation or undocumented migrants; |
| --- | --- |

B.

whereas at least 500 000 women and girls in Europe are living with female genital mutilation and an estimated 180 000 girls are at risk, according to the WHO; whereas, according to experts, these figures are underestimated and do not take into account second-generation or undocumented migrants;

| C. | whereas any form of female genital mutilation is a harmful traditional practice that cannot be considered part of a religion, but is an act of violence against women and girls which constitutes a violation of their fundamental rights, particularly the right to personal security and integrity and physical and mental health, and of their sexual and reproductive health, while also constituting child abuse in the case of girls who are minors; whereas such violations can under no circumstances be justified on grounds of respect for cultural traditions of various kinds or for initiation ceremonies; |
| --- | --- |

C.

whereas any form of female genital mutilation is a harmful traditional practice that cannot be considered part of a religion, but is an act of violence against women and girls which constitutes a violation of their fundamental rights, particularly the right to personal security and integrity and physical and mental health, and of their sexual and reproductive health, while also constituting child abuse in the case of girls who are minors; whereas such violations can under no circumstances be justified on grounds of respect for cultural traditions of various kinds or for initiation ceremonies;

| D. | whereas, as well as being in itself a violation of human rights, female genital mutilation causes very serious and irreparable injuries in the short and long term to the physical and mental health and rights of the women and girls who undergo it, constituting a grave assault on their person and integrity, and in some cases can even be fatal; whereas the use of rudimentary instruments and the lack of antiseptic precautions have further harmful effects, such that sexual intercourse and childbirth may become painful, the affected organs are irreparably damaged and there may be complications such as haemorrhaging, shock, infection, transmission of the AIDS virus, tetanus, benign tumours and serious complications affecting pregnancy and childbirth; |
| --- | --- |

D.

whereas, as well as being in itself a violation of human rights, female genital mutilation causes very serious and irreparable injuries in the short and long term to the physical and mental health and rights of the women and girls who undergo it, constituting a grave assault on their person and integrity, and in some cases can even be fatal; whereas the use of rudimentary instruments and the lack of antiseptic precautions have further harmful effects, such that sexual intercourse and childbirth may become painful, the affected organs are irreparably damaged and there may be complications such as haemorrhaging, shock, infection, transmission of the AIDS virus, tetanus, benign tumours and serious complications affecting pregnancy and childbirth;

| E. | whereas female genital mutilation is an expression of unequal power relations and a form of violence against women, alongside other serious forms of gender-based violence, and whereas it is absolutely necessary to embed the fight against female genital mutilation in a general and coherent approach to combating gender-based violence and violence against women; |
| --- | --- |

E.

whereas female genital mutilation is an expression of unequal power relations and a form of violence against women, alongside other serious forms of gender-based violence, and whereas it is absolutely necessary to embed the fight against female genital mutilation in a general and coherent approach to combating gender-based violence and violence against women;

| 1. | Welcomes the decision of the 56th session of the Commission on the Status of Women of 8 March 2012 that the issue of female genital mutilation should be taken up by the United Nations General Assembly at its forthcoming 67th session; |
| --- | --- |

1.

Welcomes the decision of the 56th session of the Commission on the Status of Women of 8 March 2012 that the issue of female genital mutilation should be taken up by the United Nations General Assembly at its forthcoming 67th session;

| 2. | Calls upon the UN General Assembly to adopt a resolution at its 67th session with a view to ending female genital mutilation worldwide – as requested by the African Union Summit on 1 July 2011 – by harmonising the action taken by member states and issuing recommendations and guidelines for the development and strengthening of regional and international legal instruments and national legislation; |
| --- | --- |

2.

Calls upon the UN General Assembly to adopt a resolution at its 67th session with a view to ending female genital mutilation worldwide – as requested by the African Union Summit on 1 July 2011 – by harmonising the action taken by member states and issuing recommendations and guidelines for the development and strengthening of regional and international legal instruments and national legislation;

| 3. | States that, since female genital mutilation is mostly performed on young girls between infancy and 15 years of age, it constitutes a violation of the rights of the child; reiterates that all 27 Member States have committed themselves to protecting children’s rights under the UN Convention on the Rights of the Child; |
| --- | --- |

3.

States that, since female genital mutilation is mostly performed on young girls between infancy and 15 years of age, it constitutes a violation of the rights of the child; reiterates that all 27 Member States have committed themselves to protecting children’s rights under the UN Convention on the Rights of the Child;

| 4. | Calls on the Member States to continue to ratify international instruments and implement them through comprehensive legislation that prohibits all forms of female genital mutilation and provides for effective sanctions against the perpetrators of this practice; notes that legislation should also mandate a full range of prevention and protection measures, including mechanisms to coordinate, monitor and evaluate law enforcement, and should improve the conditions permitting women and girls to report cases of female genital mutilation; |
| --- | --- |

4.

Calls on the Member States to continue to ratify international instruments and implement them through comprehensive legislation that prohibits all forms of female genital mutilation and provides for effective sanctions against the perpetrators of this practice; notes that legislation should also mandate a full range of prevention and protection measures, including mechanisms to coordinate, monitor and evaluate law enforcement, and should improve the conditions permitting women and girls to report cases of female genital mutilation;

| 5. | Calls upon the relevant UN entities and civil society, through the allocation of appropriate financial resources, actively to support targeted, innovative programmes and to disseminate best practices that address the needs and priorities of girls in vulnerable situations, including those subjected to female genital mutilation, who have difficulty accessing services and programmes; |
| --- | --- |

5.

Calls upon the relevant UN entities and civil society, through the allocation of appropriate financial resources, actively to support targeted, innovative programmes and to disseminate best practices that address the needs and priorities of girls in vulnerable situations, including those subjected to female genital mutilation, who have difficulty accessing services and programmes;

| 6. | Requests the UN Secretary-General to ensure that all relevant UN organisations and bodies, in particular the UN Children’s Fund, the UN Population Fund, the World Health Organisation, the UN Educational, Scientific and Cultural Organisation (UNESCO), the UN Entity for Gender Equality and the Empowerment of Women, the UN Development Fund for Women, the UN Development Programme and the Office of the UN High Commissioner for Human Rights, individually and collectively, incorporate the protection and promotion of the rights of girls not to be subjected to female genital mutilation into their country programmes, as appropriate, and in accordance with national priorities, in order to step up further their efforts in this regard; |
| --- | --- |

6.

Requests the UN Secretary-General to ensure that all relevant UN organisations and bodies, in particular the UN Children’s Fund, the UN Population Fund, the World Health Organisation, the UN Educational, Scientific and Cultural Organisation (UNESCO), the UN Entity for Gender Equality and the Empowerment of Women, the UN Development Fund for Women, the UN Development Programme and the Office of the UN High Commissioner for Human Rights, individually and collectively, incorporate the protection and promotion of the rights of girls not to be subjected to female genital mutilation into their country programmes, as appropriate, and in accordance with national priorities, in order to step up further their efforts in this regard;

| 7. | Emphasises the need to support members of civil society, in particular women’s organisations, working within their communities to end violence against women, including female genital mutilation; |
| --- | --- |

7.

Emphasises the need to support members of civil society, in particular women’s organisations, working within their communities to end violence against women, including female genital mutilation;

| 8. | Urges the Commission to ensure that measures aimed at combating gender-based violence and promoting the empowerment of women are mainstreamed in all EU development policies and programmes through its 2010 Gender Action Plan; stresses the importance of awareness-raising, community mobilisation, education and training, and of involving national, regional and local authorities and civil society in partner countries; points out that efforts to eliminate attitudes and harmful practices that negatively affect girls will succeed only with the full involvement of all key actors, including religious and community leaders and those working directly with girls, including parents, families and communities; |
| --- | --- |

8.

Urges the Commission to ensure that measures aimed at combating gender-based violence and promoting the empowerment of women are mainstreamed in all EU development policies and programmes through its 2010 Gender Action Plan; stresses the importance of awareness-raising, community mobilisation, education and training, and of involving national, regional and local authorities and civil society in partner countries; points out that efforts to eliminate attitudes and harmful practices that negatively affect girls will succeed only with the full involvement of all key actors, including religious and community leaders and those working directly with girls, including parents, families and communities;

| 9. | Urges the Commission to give specific attention to female genital mutilation as part of an overall strategy for combating violence against women, including joint action against female genital mutilation; |
| --- | --- |

9.

Urges the Commission to give specific attention to female genital mutilation as part of an overall strategy for combating violence against women, including joint action against female genital mutilation;

| 10. | Urges the Commission to make it a priority to end violence against women and girls and, through the allocation of appropriate financial resources, to support targeted and innovative programmes both within the EU and in third countries; |
| --- | --- |

10.

Urges the Commission to make it a priority to end violence against women and girls and, through the allocation of appropriate financial resources, to support targeted and innovative programmes both within the EU and in third countries;

| 11. | Urges the Member States to take firm action to combat this illegal practice; |
| --- | --- |

11.

Urges the Member States to take firm action to combat this illegal practice;

| 12. | Instructs its President to forward this resolution to the Council, the Commission, the UN Secretary-General and the Member States. |
| --- | --- |

12.

Instructs its President to forward this resolution to the Council, the Commission, the UN Secretary-General and the Member States.

---

(1)  OJ C 117 E 6.5.2010, p. 52.

(2)  Texts adopted, P7_TA(2011)0127.

(3)  Texts adopted, P7_TA(2012)0126.

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| 15.11.2013 | EN | Official Journal of the European Union | CE 332/89 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/89

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Thursday 14 June 2012Defective silicone gel breast implants made by French company PIP

P7_TA(2012)0262

European Parliament resolution of 14 June 2012 on defective silicone gel breast implants made by French company PIP (2012/2621(RSP))

2013/C 332 E/18

The European Parliament,

| — | having regard to Article 184 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 184 of the Treaty on the Functioning of the European Union,

| — | having regard to the Council conclusions on innovation in the medical device sector (1), |
| --- | --- |

—

having regard to the Council conclusions on innovation in the medical device sector (1),

| — | having regard to Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (2), |
| --- | --- |

—

having regard to Council Directive 93/42/EEC of 14 June 1993 concerning medical devices (2),

| — | having regard to Council Directive 90/385/EEC of 20 June 1990 on the approximation of laws of the Member States relating to active implantable medical devices (3), |
| --- | --- |

—

having regard to Council Directive 90/385/EEC of 20 June 1990 on the approximation of laws of the Member States relating to active implantable medical devices (3),

| — | having regard to European Parliament and Council Directive 98/79/EC of 27 October 1998 on in vitro diagnostic medical devices (4), |
| --- | --- |

—

having regard to European Parliament and Council Directive 98/79/EC of 27 October 1998 on in vitro diagnostic medical devices (4),

| — | having regard to Directive 2000/70/EC of the European Parliament and of the Council of 16 November 2000 amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivates of human blood or human plasma (5), |
| --- | --- |

—

having regard to Directive 2000/70/EC of the European Parliament and of the Council of 16 November 2000 amending Council Directive 93/42/EEC as regards medical devices incorporating stable derivates of human blood or human plasma (5),

| — | having regard to the opinion of the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) on ‘the safety of silicone products manufactured by the Poly Implant Prothèse (PIP) Company’ published on 1 February 2012 (6), |
| --- | --- |

—

having regard to the opinion of the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) on ‘the safety of silicone products manufactured by the Poly Implant Prothèse (PIP) Company’ published on 1 February 2012 (6),

| — | having regard to the conclusions (7) of the High Level Health Conference on innovation in medical technology held in Brussels on 22 March 2011, |
| --- | --- |

—

having regard to the conclusions (7) of the High Level Health Conference on innovation in medical technology held in Brussels on 22 March 2011,

| — | having regard to its resolution of 13 June 2001 on the petitions declared admissible concerning silicone implants (Petitions 0470/1998 and 0771/1998) (8), |
| --- | --- |

—

having regard to its resolution of 13 June 2001 on the petitions declared admissible concerning silicone implants (Petitions 0470/1998 and 0771/1998) (8),

| — | having regard to its resolution of 2 February 2012 on ‘Towards a Coherent European Approach to Collective Redress’ (9), |
| --- | --- |

—

having regard to its resolution of 2 February 2012 on ‘Towards a Coherent European Approach to Collective Redress’ (9),

| — | having regard to Directive 2007/47/EC of the European Parliament and of the Council of 5 September 2007 amending Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices, Council Directive 93/42/EEC concerning medical devices and Directive 98/8/EC concerning the placing of biocidal products on the market (10), |
| --- | --- |

—

having regard to Directive 2007/47/EC of the European Parliament and of the Council of 5 September 2007 amending Council Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices, Council Directive 93/42/EEC concerning medical devices and Directive 98/8/EC concerning the placing of biocidal products on the market (10),

| — | having regard to the question of 18 April 2012 to the Commission on defective silicone gel breast implants made by French company PIP (O-000101/2012 – B7-0118/2012), |
| --- | --- |

—

having regard to the question of 18 April 2012 to the Commission on defective silicone gel breast implants made by French company PIP (O-000101/2012 – B7-0118/2012),

| — | 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 according to the findings of the French health authorities, a French manufacturer (Poly Implant Prothèse) is under investigation for the fraudulent use of low-quality material (industrial silicone) different from the material indicated in the documents submitted for conformity assessment (approved medical-grade silicone); |
| --- | --- |

A.

whereas according to the findings of the French health authorities, a French manufacturer (Poly Implant Prothèse) is under investigation for the fraudulent use of low-quality material (industrial silicone) different from the material indicated in the documents submitted for conformity assessment (approved medical-grade silicone);

| B. | whereas there is a lack of both clinical and epidemiological data on the potential risks of PIP breast implants; |
| --- | --- |

B.

whereas there is a lack of both clinical and epidemiological data on the potential risks of PIP breast implants;

| C. | whereas for third-generation implants there is a rate of rupture within ten years of implantation of 10-15 %; |
| --- | --- |

C.

whereas for third-generation implants there is a rate of rupture within ten years of implantation of 10-15 %;

| D. | whereas tests conducted by the French authorities on the physical integrity of a sample of PIP silicone breast implants indicated weaknesses in PIP shells not found in other commercially available implants; |
| --- | --- |

D.

whereas tests conducted by the French authorities on the physical integrity of a sample of PIP silicone breast implants indicated weaknesses in PIP shells not found in other commercially available implants;

| E. | whereas the SCENIHR report requested by the Commission in early January 2012 stresses that there is some concern regarding the possibility of inflammation induced by ruptured or leaking PIP silicone implants; |
| --- | --- |

E.

whereas the SCENIHR report requested by the Commission in early January 2012 stresses that there is some concern regarding the possibility of inflammation induced by ruptured or leaking PIP silicone implants;

| F. | whereas the lack of EU-wide registration of breast implants means that the overall number of women who have received implants is unknown; whereas, however, it is estimated on the basis of the available data provided by the European Commission that around 400 000 PIP silicone breast implants have been sold worldwide; whereas many women in the United Kingdom (40 000), France (30 000), Spain (10 000), Germany (7 500) and Portugal (2 000) have received PIP silicone breast implants; |
| --- | --- |

F.

whereas the lack of EU-wide registration of breast implants means that the overall number of women who have received implants is unknown; whereas, however, it is estimated on the basis of the available data provided by the European Commission that around 400 000 PIP silicone breast implants have been sold worldwide; whereas many women in the United Kingdom (40 000), France (30 000), Spain (10 000), Germany (7 500) and Portugal (2 000) have received PIP silicone breast implants;

| G. | whereas patients need to know that implants are not permanent and may need to be replaced or removed; whereas patients also need to be informed about the quality of implants and the potential risks associated with them; |
| --- | --- |

G.

whereas patients need to know that implants are not permanent and may need to be replaced or removed; whereas patients also need to be informed about the quality of implants and the potential risks associated with them;

| H. | whereas the transposition of EU legislation on medical devices into national legislation has not prevented this health fraud, which has had, and will continue to have, a serious negative impact on health worldwide; |
| --- | --- |

H.

whereas the transposition of EU legislation on medical devices into national legislation has not prevented this health fraud, which has had, and will continue to have, a serious negative impact on health worldwide;

| I. | whereas this health fraud has brought to light a malfunction at the European and national levels, notably as regards the lack of cooperation between Member States and the international community in terms of information sharing and notification of adverse effects, and lack of traceability of raw material used for medical devices; |
| --- | --- |

I.

whereas this health fraud has brought to light a malfunction at the European and national levels, notably as regards the lack of cooperation between Member States and the international community in terms of information sharing and notification of adverse effects, and lack of traceability of raw material used for medical devices;

| J. | whereas the case of PIP implants, like the case of hip implants, illustrates the failure of the current system of certification of compliance with essential health and safety requirements and of the control and surveillance of notified bodies by national competent authorities pursuant to the Medical Device Directive (2007/47/EC); |
| --- | --- |

J.

whereas the case of PIP implants, like the case of hip implants, illustrates the failure of the current system of certification of compliance with essential health and safety requirements and of the control and surveillance of notified bodies by national competent authorities pursuant to the Medical Device Directive (2007/47/EC);

| K. | whereas the desire to provide swift access to new medical devices for patients must never take precedence over the need to ensure patient safety; |
| --- | --- |

K.

whereas the desire to provide swift access to new medical devices for patients must never take precedence over the need to ensure patient safety;

| L. | whereas the Medical Device Directive (2007/47/EC) will be reviewed in 2012; whereas it is essential that lessons be learned from the fraudulent marketing of PIP implants such that surveillance and safety controls and requirements for placing products on the market are strengthened at national and at European level; |
| --- | --- |

L.

whereas the Medical Device Directive (2007/47/EC) will be reviewed in 2012; whereas it is essential that lessons be learned from the fraudulent marketing of PIP implants such that surveillance and safety controls and requirements for placing products on the market are strengthened at national and at European level;

| M. | whereas the available data indicate that many PIP implants have been manufactured from non-medical-grade silicone containing components that can weaken the implant shell and diffuse into body tissues; |
| --- | --- |

M.

whereas the available data indicate that many PIP implants have been manufactured from non-medical-grade silicone containing components that can weaken the implant shell and diffuse into body tissues;

| 1. | Notes that several Member States have advised patients to consult their surgeon, or have recommended patients to have breast implants made by PIP removed as a precaution; |
| --- | --- |

1.

Notes that several Member States have advised patients to consult their surgeon, or have recommended patients to have breast implants made by PIP removed as a precaution;

| 2. | Notes, however, that inequalities exist between Member States as some have given their citizens conflicting advice as to what action to take, causing confusion among patients; |
| --- | --- |

2.

Notes, however, that inequalities exist between Member States as some have given their citizens conflicting advice as to what action to take, causing confusion among patients;

| 3. | Calls on the Commission and the Member States to strengthen their cooperation within the existing legal framework, in particular in the fields of market surveillance, vigilance and inspection, and to tighten controls, in order to provide a better guarantee of safety of patients, especially those exposed to high-risk medical devices; |
| --- | --- |

3.

Calls on the Commission and the Member States to strengthen their cooperation within the existing legal framework, in particular in the fields of market surveillance, vigilance and inspection, and to tighten controls, in order to provide a better guarantee of safety of patients, especially those exposed to high-risk medical devices;

| 4. | Stresses that after carrying out an assessment, Member States must immediately inform the Commission and the other Member States of measures that have been taken, or are being contemplated, to minimise the recurrence of such incidents; |
| --- | --- |

4.

Stresses that after carrying out an assessment, Member States must immediately inform the Commission and the other Member States of measures that have been taken, or are being contemplated, to minimise the recurrence of such incidents;

| 5. | Calls on the Commission to develop an appropriate legal framework to guarantee the safety of breast implants and of medical technology in general; |
| --- | --- |

5.

Calls on the Commission to develop an appropriate legal framework to guarantee the safety of breast implants and of medical technology in general;

| 6. | Calls for the introduction and implementation of essential and immediate specific measures on the basis of the current legislation on medical devices, in particular designed to:






  — | strengthen the controls on medical devices already on the market, including those using samples; |
| --- | --- | --- |

6.

Calls for the introduction and implementation of essential and immediate specific measures on the basis of the current legislation on medical devices, in particular designed to:

—

strengthen the controls on medical devices already on the market, including those using samples;

| — | ensure that, in the context of the conformity assessments, all notified bodies make full use of their powers to conduct frequent (at least once per year) unannounced inspections of the whole supply chain and of the operations of certain suppliers, notably suppliers of medical devices associated with the greatest risks and those in relation to which users’ reports indicate that the number of incidents is growing; |
| --- | --- |

—

ensure that, in the context of the conformity assessments, all notified bodies make full use of their powers to conduct frequent (at least once per year) unannounced inspections of the whole supply chain and of the operations of certain suppliers, notably suppliers of medical devices associated with the greatest risks and those in relation to which users’ reports indicate that the number of incidents is growing;

| — | strengthen the criteria for accreditation and assessment of notified bodies – with particular emphasis on the demonstrated competence of full-time staff, the use of contract resources, and transparency with regard to their functioning and tasks – and set up an EU-wide qualification management system for notified bodies, their staff, auditors and experts; |
| --- | --- |

—

strengthen the criteria for accreditation and assessment of notified bodies – with particular emphasis on the demonstrated competence of full-time staff, the use of contract resources, and transparency with regard to their functioning and tasks – and set up an EU-wide qualification management system for notified bodies, their staff, auditors and experts;

| — | reinforce market surveillance by, and information sharing between, national authorities to monitor the adverse effects of medical devices and the withdrawal of such devices from the market, in order to guarantee better traceability of medical devices and better follow-up of measures to control their marketing; |
| --- | --- |

—

reinforce market surveillance by, and information sharing between, national authorities to monitor the adverse effects of medical devices and the withdrawal of such devices from the market, in order to guarantee better traceability of medical devices and better follow-up of measures to control their marketing;

| — | improve supervision by national authorities of notified bodies and ensure consistency across Member States; |
| --- | --- |

—

improve supervision by national authorities of notified bodies and ensure consistency across Member States;

| — | encourage innovation in medical technology, as innovation is crucial to efforts to overcome the health challenges of today and tomorrow; |
| --- | --- |

—

encourage innovation in medical technology, as innovation is crucial to efforts to overcome the health challenges of today and tomorrow;

| — | require manufacturers of medical devices to communicate immediately to their national competent authority any ban, restriction or legal action under way in one or more Member States; |
| --- | --- |

—

require manufacturers of medical devices to communicate immediately to their national competent authority any ban, restriction or legal action under way in one or more Member States;

| — | improve the functioning of the vigilance system for medical devices, for example by facilitating and actively encouraging patients, patients’ associations, patient groups and healthcare professionals to report all adverse events and harmful effects to the competent authorities, without their being hampered by excessive red tape, by giving notified bodies systematic access to reports of adverse events and by setting up a centralised procedure for gathering and treating notifications on adverse effects and on the withdrawal of devices from the market; |
| --- | --- |

—

improve the functioning of the vigilance system for medical devices, for example by facilitating and actively encouraging patients, patients’ associations, patient groups and healthcare professionals to report all adverse events and harmful effects to the competent authorities, without their being hampered by excessive red tape, by giving notified bodies systematic access to reports of adverse events and by setting up a centralised procedure for gathering and treating notifications on adverse effects and on the withdrawal of devices from the market;

| — | establish tools that, while providing data protection, ensure traceability of medical devices and long-term monitoring of their safety and performance, such as a ‘Unique Device Identification’ system, an implant register and a summary of product characteristics for each medical device; |
| --- | --- |

—

establish tools that, while providing data protection, ensure traceability of medical devices and long-term monitoring of their safety and performance, such as a ‘Unique Device Identification’ system, an implant register and a summary of product characteristics for each medical device;

| — | facilitate notification of national authorities by patients’ associations and health professionals regarding adverse effects; |
| --- | --- |

—

facilitate notification of national authorities by patients’ associations and health professionals regarding adverse effects;

| — | establish a single European database that brings together information about the medical devices available on the market, registration of economic operations, vigilance and market surveillance initiatives, clinical investigations, notified bodies and EC certificates issued; |
| --- | --- |

—

establish a single European database that brings together information about the medical devices available on the market, registration of economic operations, vigilance and market surveillance initiatives, clinical investigations, notified bodies and EC certificates issued;

| 7. | Calls on the Commission to shift to a system of pre-market authorisation for certain categories of medical devices, including, at least, medical devices of class IIb and III; |
| --- | --- |

7.

Calls on the Commission to shift to a system of pre-market authorisation for certain categories of medical devices, including, at least, medical devices of class IIb and III;

| 8. | Calls for the introduction – where it does not already exist at national level – of an implant recipient’s passport specifying the unique product code of the implant, its special characteristics and potential adverse effects, and bearing a warning of the potential health risks and post-operative follow-up care measures associated with the implant; the passport would have to be signed by the surgeon and the patient, and would be valid as a consent form for the operation; |
| --- | --- |

8.

Calls for the introduction – where it does not already exist at national level – of an implant recipient’s passport specifying the unique product code of the implant, its special characteristics and potential adverse effects, and bearing a warning of the potential health risks and post-operative follow-up care measures associated with the implant; the passport would have to be signed by the surgeon and the patient, and would be valid as a consent form for the operation;

| 9. | Recommends that hospitals should keep an electronic version of the passport for future reference, noting that an electronic version can easily be forwarded at the request of a patient to a new care facility, whether in the same or in a different country; |
| --- | --- |

9.

Recommends that hospitals should keep an electronic version of the passport for future reference, noting that an electronic version can easily be forwarded at the request of a patient to a new care facility, whether in the same or in a different country;

| 10. | Calls on the Member States to raise awareness more effectively of the potential risks attached to cosmetic surgery, and to better regulate the advertising of cosmetic surgery in order to ensure that patients are fully aware of the risks as well as the benefits; stresses that women should be made aware that breast implants need to be replaced after a period of time that varies from person to person, enabling them to assess risks more effectively; |
| --- | --- |

10.

Calls on the Member States to raise awareness more effectively of the potential risks attached to cosmetic surgery, and to better regulate the advertising of cosmetic surgery in order to ensure that patients are fully aware of the risks as well as the benefits; stresses that women should be made aware that breast implants need to be replaced after a period of time that varies from person to person, enabling them to assess risks more effectively;

| 11. | Recognises that patients who have already received breast implants may need retrospective information, advice, medical supervision and counselling, as well as screening for intra- and extra-capsular rupture; |
| --- | --- |

11.

Recognises that patients who have already received breast implants may need retrospective information, advice, medical supervision and counselling, as well as screening for intra- and extra-capsular rupture;

| 12. | Stresses that the testing procedures and standards for breast implants should be refined to allow a better understanding of the interaction of the shell material with the filling gel and the surrounding body fluids, and of the fatigue and tear resistance of the shell and the total implant; considers that more proposals should be made for research to develop non-destructive methods of testing of implants; |
| --- | --- |

12.

Stresses that the testing procedures and standards for breast implants should be refined to allow a better understanding of the interaction of the shell material with the filling gel and the surrounding body fluids, and of the fatigue and tear resistance of the shell and the total implant; considers that more proposals should be made for research to develop non-destructive methods of testing of implants;

| 13. | Urgently recommends that details of breast implant operations be recorded in the EU in the form of a compulsory National Breast Implant Register in each Member State; underlines the fact that a compulsory register would make reporting mandatory for all clinics, but stresses that the inclusion of a patient’s personal details should be subject to their consent; recommends that such national registers be interconnected and allow for exchange of information when needed, for example in cases where significant defects are detected in implants; |
| --- | --- |

13.

Urgently recommends that details of breast implant operations be recorded in the EU in the form of a compulsory National Breast Implant Register in each Member State; underlines the fact that a compulsory register would make reporting mandatory for all clinics, but stresses that the inclusion of a patient’s personal details should be subject to their consent; recommends that such national registers be interconnected and allow for exchange of information when needed, for example in cases where significant defects are detected in implants;

| 14. | Urgently recommends a revision of the Medical Devices Directive aiming at introducing a capacity to detect and minimise the risk of fraud, focusing in particular on provisions regarding market surveillance, vigilance, and the functioning and tasks of notified bodies, so as to avoid a repetition of the PIP case; |
| --- | --- |

14.

Urgently recommends a revision of the Medical Devices Directive aiming at introducing a capacity to detect and minimise the risk of fraud, focusing in particular on provisions regarding market surveillance, vigilance, and the functioning and tasks of notified bodies, so as to avoid a repetition of the PIP case;

| 15. | Calls on the Commission to consider the possibility of establishing an efficient tracking system for medical devices used as implants, particularly for the most dangerous medical devices such as those in class III; |
| --- | --- |

15.

Calls on the Commission to consider the possibility of establishing an efficient tracking system for medical devices used as implants, particularly for the most dangerous medical devices such as those in class III;

| 16. | Calls on the Commission to consider the following aspects in the upcoming revision of the legislation on medical devices: the need for a marketing authorisation request for dangerous medical devices which complies with, or is similar to, the requirements for medicinal products; use of mandatory unannounced inspections; the need for increased traceability of implanted medical devices; the need for increased coordination between Member States when it comes to reporting on, and warning about, serious side effects or damage caused by medical devices; enhanced control of notified bodies; and additional sample testing of products already on the market; |
| --- | --- |

16.

Calls on the Commission to consider the following aspects in the upcoming revision of the legislation on medical devices: the need for a marketing authorisation request for dangerous medical devices which complies with, or is similar to, the requirements for medicinal products; use of mandatory unannounced inspections; the need for increased traceability of implanted medical devices; the need for increased coordination between Member States when it comes to reporting on, and warning about, serious side effects or damage caused by medical devices; enhanced control of notified bodies; and additional sample testing of products already on the market;

| 17. | Calls on the Commission also to consider, in the upcoming revision of the legislation on medical devices, the need for adequate human testing during clinical trials, particularly of implantable medical devices, before they are put on the market; |
| --- | --- |

17.

Calls on the Commission also to consider, in the upcoming revision of the legislation on medical devices, the need for adequate human testing during clinical trials, particularly of implantable medical devices, before they are put on the market;

| 18. | Urges the Member States to carry out, at least annually, thorough unannounced inspections of those medical devices that are associated with the greatest risks and of those devices in relation to which users’ reports indicate that the number of incidents is growing; |
| --- | --- |

18.

Urges the Member States to carry out, at least annually, thorough unannounced inspections of those medical devices that are associated with the greatest risks and of those devices in relation to which users’ reports indicate that the number of incidents is growing;

| 19. | Urges the Member States to apply penalties in case of non-compliance; |
| --- | --- |

19.

Urges the Member States to apply penalties in case of non-compliance;

| 20. | Considers that this fraud provides further evidence of the need for a system of collective redress designed to help consumers and patients to obtain compensation, as stressed by its above-mentioned resolution of 2 February 2012; |
| --- | --- |

20.

Considers that this fraud provides further evidence of the need for a system of collective redress designed to help consumers and patients to obtain compensation, as stressed by its above-mentioned resolution of 2 February 2012;

| 21. | Calls on the Member States to pool their adverse incident reports and other regulatory data in the centralised database, as required by the Medical Devices Directive, in order to enable more effective vigilance and health protection measures; |
| --- | --- |

21.

Calls on the Member States to pool their adverse incident reports and other regulatory data in the centralised database, as required by the Medical Devices Directive, in order to enable more effective vigilance and health protection measures;

| 22. | Calls on the Commission to require adequate toxicological assessments of all medical devices, and to propose that the use of substances that are carcinogenic, mutagenic or toxic for reproduction (category 1A or 1B) be phased out, unless no substitutes are available; |
| --- | --- |

22.

Calls on the Commission to require adequate toxicological assessments of all medical devices, and to propose that the use of substances that are carcinogenic, mutagenic or toxic for reproduction (category 1A or 1B) be phased out, unless no substitutes are available;

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

23.

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

---

(1)  OJ C 202, 8.7.2011, p. 7.

(2)  OJ L 169, 12.7.1993, p. 1.

(3)  OJ L 189, 20.7.1990, p. 17.

(4)  OJ L 331, 7.12.1998, p. 1.

(5)  OJ L 313, 13.12.2000, p. 22.

(6)  http://ec.europa.eu/health/scientific_committees/emerging/docs/scenihr_o_034.pdf

(7)  http://ec.europa.eu/consumers/sectors/medical-devices/files/exploratory_process/hlc_en.pdf

(8)  OJ C 53 E, 28.2.2002, p. 231.

(9)  Texts adopted, P7_TA(2012)0021.

(10)  OJ L 247, 21.9.2007, p. 21.

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/94 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/94

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Thursday 14 June 2012Human rights and the security situation in the Sahel region

P7_TA(2012)0263

European Parliament resolution of 14 June 2012 on human rights and the security situation in the Sahel region (2012/2680(RSP))

2013/C 332 E/19

The European Parliament,

| — | having regard to the Council of the European Union Conclusions on Mali/Sahel of 23 April 2012 (1), |
| --- | --- |

—

having regard to the Council of the European Union Conclusions on Mali/Sahel of 23 April 2012 (1),

| — | having regard to the Council of the European Union Conclusions on Sahel of 23 March 2012 (2) approving the Crisis Management Concept for a civilian CSDP Advisory, Assistance and Training mission in the Sahel, |
| --- | --- |

—

having regard to the Council of the European Union Conclusions on Sahel of 23 March 2012 (2) approving the Crisis Management Concept for a civilian CSDP Advisory, Assistance and Training mission in the Sahel,

| — | having regard to the EEAS report entitled ‘Strategy for Security and Development in the Sahel: Implementation Progress Report, March 2012’, |
| --- | --- |

—

having regard to the EEAS report entitled ‘Strategy for Security and Development in the Sahel: Implementation Progress Report, March 2012’,

| — | having regard to the UN report of the assessment mission on the impact of Libyan crisis on the Sahel region, UN Security Council of 2012 (3), and to the UN Security Council statements on Mali of 22 March (4), 26 March (5), 4 April (6) and 9 April 2012 (7) , |
| --- | --- |

—

having regard to the UN report of the assessment mission on the impact of Libyan crisis on the Sahel region, UN Security Council of 2012 (3), and to the UN Security Council statements on Mali of 22 March (4), 26 March (5), 4 April (6) and 9 April 2012 (7) ,

| — | having regard to the Council Conclusions on a European Union Strategy for Security and Development in the Sahel of 21 March 2011 (3076th Foreign Affairs Council meeting), |
| --- | --- |

—

having regard to the Council Conclusions on a European Union Strategy for Security and Development in the Sahel of 21 March 2011 (3076th Foreign Affairs Council meeting),

| — | having regard to the ACP-EU JPA resolutions of 18 May 2011 on the democratic upheavals in North Africa and the Middle East – consequences for the ACP countries, for Europe and for the world (8) and of 23 November 2011 on the Arab Spring and its impact on neighbouring sub-Saharan states (9), |
| --- | --- |

—

having regard to the ACP-EU JPA resolutions of 18 May 2011 on the democratic upheavals in North Africa and the Middle East – consequences for the ACP countries, for Europe and for the world (8) and of 23 November 2011 on the Arab Spring and its impact on neighbouring sub-Saharan states (9),

| — | having regard to the Foreign Affairs Council Conclusions of 1 December 2011 encouraging the High Representative to take forward preparatory work on a CSDP engagement to reinforce regional security capabilities in the Sahel region, in close cooperation with the African Union, |
| --- | --- |

—

having regard to the Foreign Affairs Council Conclusions of 1 December 2011 encouraging the High Representative to take forward preparatory work on a CSDP engagement to reinforce regional security capabilities in the Sahel region, in close cooperation with the African Union,

| — | having regard to the Council Conclusions on Libya of 21 March, 23 May and 18 July 2011 and 23 March 2012; |
| --- | --- |

—

having regard to the Council Conclusions on Libya of 21 March, 23 May and 18 July 2011 and 23 March 2012;

| — | having regard to the Council of the European Union final report on the Sahel security and development initiative of 1 October 2010 (10), |
| --- | --- |

—

having regard to the Council of the European Union final report on the Sahel security and development initiative of 1 October 2010 (10),

| — | having regard to the additional relevant provisions of the Treaty on European Union (TEU), in particular Articles 3, 6, 21 and 39 thereof, and of the Treaty on the Functioning of the European Union (TFEU), in particular Articles 205, 208, 214 and 222 thereof, |
| --- | --- |

—

having regard to the additional relevant provisions of the Treaty on European Union (TEU), in particular Articles 3, 6, 21 and 39 thereof, and of the Treaty on the Functioning of the European Union (TFEU), in particular Articles 205, 208, 214 and 222 thereof,

| — | having regard to the ACP-EU Partnership Agreement (‘Cotonou Agreement’), and in particular to Articles 1, 8, 25 and 28 thereof, |
| --- | --- |

—

having regard to the ACP-EU Partnership Agreement (‘Cotonou Agreement’), and in particular to Articles 1, 8, 25 and 28 thereof,

| — | having regard to the Africa-EU Peace and Security Partnership, in particular initiatives 2, 7 and 8 of the Action Plan 2011-2013, adopted at the Africa-EU Summit held in Tripoli on 29 and 30 November 2010, |
| --- | --- |

—

having regard to the Africa-EU Peace and Security Partnership, in particular initiatives 2, 7 and 8 of the Action Plan 2011-2013, adopted at the Africa-EU Summit held in Tripoli on 29 and 30 November 2010,

| — | having regard to the Protocol to the African Union Convention on the Prevention and Combating of Terrorism, adopted in Addis Ababa on 8 July 2004 at the 3rd ordinary session of the African Union Conference, |
| --- | --- |

—

having regard to the Protocol to the African Union Convention on the Prevention and Combating of Terrorism, adopted in Addis Ababa on 8 July 2004 at the 3rd ordinary session of the African Union Conference,

| — | having regard to Ban Ki-moon’s address to the Luxembourg Parliament on 17 April 2012, in which he called on the international community to respond to the growing conflict and unrest in the Sahel region which is suffering a severe drought, where the number of displaced people is growing and where food and fuel prices are rising, |
| --- | --- |

—

having regard to Ban Ki-moon’s address to the Luxembourg Parliament on 17 April 2012, in which he called on the international community to respond to the growing conflict and unrest in the Sahel region which is suffering a severe drought, where the number of displaced people is growing and where food and fuel prices are rising,

| — | having regard to the distress call to the international community sent on 5 June 2012 by the Economic Community of West African States (ECOWAS) after its high-level meeting in Lomé, Togo, aimed at addressing the issue of food security in the region, especially in Senegal, Mauritania, Mali, Burkina Faso, Niger and Chad, |
| --- | --- |

—

having regard to the distress call to the international community sent on 5 June 2012 by the Economic Community of West African States (ECOWAS) after its high-level meeting in Lomé, Togo, aimed at addressing the issue of food security in the region, especially in Senegal, Mauritania, Mali, Burkina Faso, Niger and Chad,

| — | having regard to the strategic document ‘Preparation for a food and nutrition crisis in the Sahel and neighbouring countries’, prepared jointly and updated in February 2012 by Action Against Hunger, the Food and Agriculture Organisation of the United Nations (FAO), the United Nations Office for Coordination of Humanitarian Affairs (OCHA), the United Nations Children’s Fund (Unicef) and the World Food Programme (WFP), and launched as a strategy to better respond to the risk of a new food and nutritional crisis in the Sahel in 2012 on behalf of the IASC Regional Food Security and Nutrition Working Group, |
| --- | --- |

—

having regard to the strategic document ‘Preparation for a food and nutrition crisis in the Sahel and neighbouring countries’, prepared jointly and updated in February 2012 by Action Against Hunger, the Food and Agriculture Organisation of the United Nations (FAO), the United Nations Office for Coordination of Humanitarian Affairs (OCHA), the United Nations Children’s Fund (Unicef) and the World Food Programme (WFP), and launched as a strategy to better respond to the risk of a new food and nutritional crisis in the Sahel in 2012 on behalf of the IASC Regional Food Security and Nutrition Working Group,

| — | having regard to the call on 10 April 2012 by various UN agencies – Unicef, UNHCR and the WHO – for additional funding for the millions of people affected by food insecurity in the Sahel region, |
| --- | --- |

—

having regard to the call on 10 April 2012 by various UN agencies – Unicef, UNHCR and the WHO – for additional funding for the millions of people affected by food insecurity in the Sahel region,

| — | having regard to Unicef’s appeal for USD 26 million for Mali to enable it to meet the health and nutritional needs of children until the end of the year, |
| --- | --- |

—

having regard to Unicef’s appeal for USD 26 million for Mali to enable it to meet the health and nutritional needs of children until the end of the year,

| — | having regard to its previous resolutions on West Africa, in particular its resolution on Mali of 20 April 2012 (11), |
| --- | --- |

—

having regard to its previous resolutions on West Africa, in particular its resolution on Mali of 20 April 2012 (11),

| — | having regard to the ACP-EU JPA resolution on the political impact of the Libyan conflict on neighbouring ACP and EU States (101.157/fin) adopted in Horsens, Denmark on 30 May 2012, |
| --- | --- |

—

having regard to the ACP-EU JPA resolution on the political impact of the Libyan conflict on neighbouring ACP and EU States (101.157/fin) adopted in Horsens, Denmark on 30 May 2012,

| — | having regard to Rule 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas the combination in the Sahel region of drought, floods, soil degradation, low crop yields, high food prices, displacement, a refugee crisis, chronic poverty, weak governance and, as a result of conflicts, a deteriorating situation for security and human rights is affecting millions of people across the region; |
| --- | --- |

A.

whereas the combination in the Sahel region of drought, floods, soil degradation, low crop yields, high food prices, displacement, a refugee crisis, chronic poverty, weak governance and, as a result of conflicts, a deteriorating situation for security and human rights is affecting millions of people across the region;

| B. | whereas people affected by the political and food crisis are living in conditions of extreme poverty, such that their basic human needs are not being met and social tensions are increasing; whereas the majority of those persons are women who, deprived of any form of protection, constitute a particularly vulnerable group; |
| --- | --- |

B.

whereas people affected by the political and food crisis are living in conditions of extreme poverty, such that their basic human needs are not being met and social tensions are increasing; whereas the majority of those persons are women who, deprived of any form of protection, constitute a particularly vulnerable group;

| C. | whereas the ECOWAS member states have recorded a 9 % drop in cereal production in 2012 compared with the previous year, with Sahel’s cereal production dropping by 26 %, and Chad and Gambia experiencing 50 % decreases; |
| --- | --- |

C.

whereas the ECOWAS member states have recorded a 9 % drop in cereal production in 2012 compared with the previous year, with Sahel’s cereal production dropping by 26 %, and Chad and Gambia experiencing 50 % decreases;

| D. | whereas, according to the UN, 18 million people have been affected by the drought- and conflict-related crisis in the Sahel region of West Africa, where more than 200 000 children died of malnutrition in 2011 and where currently one million children are at risk of severe acute malnutrition; |
| --- | --- |

D.

whereas, according to the UN, 18 million people have been affected by the drought- and conflict-related crisis in the Sahel region of West Africa, where more than 200 000 children died of malnutrition in 2011 and where currently one million children are at risk of severe acute malnutrition;

| E. | whereas state fragility, poor governance and corruption in the Sahel countries, accompanied by economic underdevelopment resulting in chronic poverty, provide a perfect environment for terrorist groups, drug and human traffickers, and groups engaged in piracy, arms trade, money laundering, illegal immigration and organised crime networks, which combine to destabilise the region, with a negative impact also on neighbouring regions; |
| --- | --- |

E.

whereas state fragility, poor governance and corruption in the Sahel countries, accompanied by economic underdevelopment resulting in chronic poverty, provide a perfect environment for terrorist groups, drug and human traffickers, and groups engaged in piracy, arms trade, money laundering, illegal immigration and organised crime networks, which combine to destabilise the region, with a negative impact also on neighbouring regions;

| F. | whereas the region has been experiencing an alarming strengthening of linkages between drug traffickers in Latin America and in states in West/Central Africa, and whereas the latter region now forms a key transit route for drug shipments to Europe, which accounts for more than 25 % of the global consumption of cocaine; whereas these trends require greater engagement by the European Union; |
| --- | --- |

F.

whereas the region has been experiencing an alarming strengthening of linkages between drug traffickers in Latin America and in states in West/Central Africa, and whereas the latter region now forms a key transit route for drug shipments to Europe, which accounts for more than 25 % of the global consumption of cocaine; whereas these trends require greater engagement by the European Union;

| G. | whereas conflicts in Libya and Mali, with hundreds of thousands of displaced people migrating towards Burkina Faso, Niger and Mauritania, have negatively influenced the security situation in the region, which suffers from acute food insecurity, water scarcity, increasing criminality and profound instability; |
| --- | --- |

G.

whereas conflicts in Libya and Mali, with hundreds of thousands of displaced people migrating towards Burkina Faso, Niger and Mauritania, have negatively influenced the security situation in the region, which suffers from acute food insecurity, water scarcity, increasing criminality and profound instability;

| H. | whereas the Libyan conflict has given rise to the proliferation, in the Sahel-Saharan region, of huge quantities of arms, and to a sudden influx of heavy weapons, which, in the hands of the various terrorist and criminal groups and drug traffickers that are rife in this region, poses a serious threat to the security and stability of the entire sub-region; |
| --- | --- |

H.

whereas the Libyan conflict has given rise to the proliferation, in the Sahel-Saharan region, of huge quantities of arms, and to a sudden influx of heavy weapons, which, in the hands of the various terrorist and criminal groups and drug traffickers that are rife in this region, poses a serious threat to the security and stability of the entire sub-region;

| I. | whereas former combatants returning from Libya to Niger, Chad, Mali and Mauritania, with large quantities of arms and munitions, are potential recruits for rebel movements, groups affiliated to al-Qaeda in the Islamic Maghreb (AQIM) and criminal gangs, and contribute to the destabilisation of the region as a whole; |
| --- | --- |

I.

whereas former combatants returning from Libya to Niger, Chad, Mali and Mauritania, with large quantities of arms and munitions, are potential recruits for rebel movements, groups affiliated to al-Qaeda in the Islamic Maghreb (AQIM) and criminal gangs, and contribute to the destabilisation of the region as a whole;

| J. | having regard to the traditions of tolerance, solidarity and respect for the human person adhered to by Islam as practised in the region; |
| --- | --- |

J.

having regard to the traditions of tolerance, solidarity and respect for the human person adhered to by Islam as practised in the region;

| K. | whereas the lack of meaningful socio-economic development, unfair distribution of resources, high rates of youth unemployment, chronic poverty, lack of job security and hopeless social deprivation play an important role in the recruitment of youth by terrorist groups; |
| --- | --- |

K.

whereas the lack of meaningful socio-economic development, unfair distribution of resources, high rates of youth unemployment, chronic poverty, lack of job security and hopeless social deprivation play an important role in the recruitment of youth by terrorist groups;

| L. | whereas the rise of rebel groups such as Boko Haram in Chad and in Nigeria is a threat to the stability of the whole Sahel region; |
| --- | --- |

L.

whereas the rise of rebel groups such as Boko Haram in Chad and in Nigeria is a threat to the stability of the whole Sahel region;

| M. | whereas this development, together with the resurgence of Tuareg irredentism in countries such as Mali and Niger, jeopardise the stability and territorial integrity of the countries of the Sahel-Saharan region, especially Mauritania and Burkina Faso; |
| --- | --- |

M.

whereas this development, together with the resurgence of Tuareg irredentism in countries such as Mali and Niger, jeopardise the stability and territorial integrity of the countries of the Sahel-Saharan region, especially Mauritania and Burkina Faso;

| N. | whereas avowed links exist between terrorist groups in the Sahel-Saharan region and traffickers in drugs, arms, cigarettes and human beings; whereas several Europeans have been abducted and held hostage, in particular in recent years; |
| --- | --- |

N.

whereas avowed links exist between terrorist groups in the Sahel-Saharan region and traffickers in drugs, arms, cigarettes and human beings; whereas several Europeans have been abducted and held hostage, in particular in recent years;

| O. | whereas terrorism in the Sahel needs to be fought partly by means of an active policy to promote development, social justice, the rule of law and integration; whereas it is necessary to hold out to local population groups economic prospects which provide an alternative to the criminal economy; |
| --- | --- |

O.

whereas terrorism in the Sahel needs to be fought partly by means of an active policy to promote development, social justice, the rule of law and integration; whereas it is necessary to hold out to local population groups economic prospects which provide an alternative to the criminal economy;

| P. | whereas the Sahel arc is a pivotal area between Sub-Saharan Africa and Europe and whereas the situation in the Sahel-Saharan strip is therefore a key security issue for both Africa and Europe; |
| --- | --- |

P.

whereas the Sahel arc is a pivotal area between Sub-Saharan Africa and Europe and whereas the situation in the Sahel-Saharan strip is therefore a key security issue for both Africa and Europe;

| Q. | whereas all international, regional and national stakeholders should be mobilised in order to step up the fight against terrorism and strengthen security in the region, including through structured dialogue; |
| --- | --- |

Q.

whereas all international, regional and national stakeholders should be mobilised in order to step up the fight against terrorism and strengthen security in the region, including through structured dialogue;

| R. | whereas the EU’s strategy identifies Mauritania, Mali and Niger as core Sahel countries and argues that lack of governmental capacity and systemic poverty are mutually reinforcing dynamics; |
| --- | --- |

R.

whereas the EU’s strategy identifies Mauritania, Mali and Niger as core Sahel countries and argues that lack of governmental capacity and systemic poverty are mutually reinforcing dynamics;

| S. | having regard to the serious repercussions of insecurity on the region’s economy, in particular the mining and tourism sectors, on its development and on job creation; whereas the worsening security situation has resulted in the shelving of development projects under way in several countries in the sub-region, thus leaving many young people unemployed, whose vulnerability is likely to benefit terrorist or criminal groups; |
| --- | --- |

S.

having regard to the serious repercussions of insecurity on the region’s economy, in particular the mining and tourism sectors, on its development and on job creation; whereas the worsening security situation has resulted in the shelving of development projects under way in several countries in the sub-region, thus leaving many young people unemployed, whose vulnerability is likely to benefit terrorist or criminal groups;

| 1. | Expresses deep concerns about the deterioration of the security situation in the Sahel region, and calls on the EU to work in close cooperation with the authorities and parliaments of the countries of the region, civil society and regional and international bodies, including the African Union and ECOWAS, to comprehensively address underlying political, economic, social and environmental root causes of poverty, support economic development, good governance and improved access to key infrastructures and basic services for the local population, and help consolidate state institutions, justice, police and customs in order to strengthen security and the rule of law in the region; |
| --- | --- |

1.

Expresses deep concerns about the deterioration of the security situation in the Sahel region, and calls on the EU to work in close cooperation with the authorities and parliaments of the countries of the region, civil society and regional and international bodies, including the African Union and ECOWAS, to comprehensively address underlying political, economic, social and environmental root causes of poverty, support economic development, good governance and improved access to key infrastructures and basic services for the local population, and help consolidate state institutions, justice, police and customs in order to strengthen security and the rule of law in the region;

| 2. | Unequivocally condemns all attempts to seize power by force, any acts of terrorism and of pillaging of hospitals, schools, aid agencies and government buildings, all forms of cruel and inhuman punishments associated with the application of Sharia law, and all war crimes, kidnappings and serious violations of human right abuses directed at the population of Mali, especially in rebel-held northern areas, and calls on the Malian authorities and the Tuareg liberation movement to reach a peaceful and lasting solution through a constructive dialogue; |
| --- | --- |

2.

Unequivocally condemns all attempts to seize power by force, any acts of terrorism and of pillaging of hospitals, schools, aid agencies and government buildings, all forms of cruel and inhuman punishments associated with the application of Sharia law, and all war crimes, kidnappings and serious violations of human right abuses directed at the population of Mali, especially in rebel-held northern areas, and calls on the Malian authorities and the Tuareg liberation movement to reach a peaceful and lasting solution through a constructive dialogue;

| 3. | Condemns in particular the atrocities committed against the civilian population, which have been directed against women and children more than other victims, and particularly condemns the use of abduction and rape as weapons of war; |
| --- | --- |

3.

Condemns in particular the atrocities committed against the civilian population, which have been directed against women and children more than other victims, and particularly condemns the use of abduction and rape as weapons of war;

| 4. | Urges the Vice-President / High Representative to speed up the implementation of the various components of the EU Strategy for Security and Development in the Sahel; supports the commitment of the Council to contribute to the development of a peaceful, stable region where food self-sufficiency is secured; |
| --- | --- |

4.

Urges the Vice-President / High Representative to speed up the implementation of the various components of the EU Strategy for Security and Development in the Sahel; supports the commitment of the Council to contribute to the development of a peaceful, stable region where food self-sufficiency is secured;

| 5. | Recalls that, as security and development are closely interlinked, improving the security situation is integral to economic growth and the reduction of poverty in the region; calls, therefore, on the EU to introduce instruments to improve the region’s security, focusing especially on capacity building in the countries concerned and on promoting and strengthening a comprehensive dialogue among the main regional actors; |
| --- | --- |

5.

Recalls that, as security and development are closely interlinked, improving the security situation is integral to economic growth and the reduction of poverty in the region; calls, therefore, on the EU to introduce instruments to improve the region’s security, focusing especially on capacity building in the countries concerned and on promoting and strengthening a comprehensive dialogue among the main regional actors;

| 6. | Calls on the Commission and the EEAS, in implementing the EU Strategy for Security and Development in the Sahel (focusing on four groups of action: development, good governance and internal conflict resolution; political and diplomatic action; security and rule of law; action to counter violent extremism and radicalisation), to adopt as an overriding principle the linking of security with development needs, especially food security; |
| --- | --- |

6.

Calls on the Commission and the EEAS, in implementing the EU Strategy for Security and Development in the Sahel (focusing on four groups of action: development, good governance and internal conflict resolution; political and diplomatic action; security and rule of law; action to counter violent extremism and radicalisation), to adopt as an overriding principle the linking of security with development needs, especially food security;

| 7. | Welcomes the Sahel counter-terrorism programme, the West Africa Information System, the ECOWAS Peace and Security Project and the ECOWAS Drug and Crime Action Plan, undertaken in the framework of the EU Strategy for Security and Development in the Sahel, as well as regional initiatives such as those organised by the African Centre for Study and Research on Terrorism (ACSRT) on the capacity of national legal systems to respond to terrorism; |
| --- | --- |

7.

Welcomes the Sahel counter-terrorism programme, the West Africa Information System, the ECOWAS Peace and Security Project and the ECOWAS Drug and Crime Action Plan, undertaken in the framework of the EU Strategy for Security and Development in the Sahel, as well as regional initiatives such as those organised by the African Centre for Study and Research on Terrorism (ACSRT) on the capacity of national legal systems to respond to terrorism;

| 8. | Is of the opinion that the EU Strategy for Security and Development in the Sahel, while delivering positive results, needs to address the risk of fragmentation, and improve the synchronisation of actions undertaken by the EU within different instruments addressing Sahel-related issues; |
| --- | --- |

8.

Is of the opinion that the EU Strategy for Security and Development in the Sahel, while delivering positive results, needs to address the risk of fragmentation, and improve the synchronisation of actions undertaken by the EU within different instruments addressing Sahel-related issues;

| 9. | Calls on the Council and the Member States to mobilise all available resources to promote security and development in the Sahel-Saharan region in cooperation with the countries of the region, the United Nations and other international partners; |
| --- | --- |

9.

Calls on the Council and the Member States to mobilise all available resources to promote security and development in the Sahel-Saharan region in cooperation with the countries of the region, the United Nations and other international partners;

| 10. | Welcomes the West African community package of USD 80 million, pledged in response to the emergency crisis in the Sahel region, and the EU’s humanitarian aid increase to the Sahel region from EUR 45 million to over EUR 120 million since the beginning of 2012, and urges all sides to make sure that this aid benefits those in need; calls, at the same time, on the international community to make the financial efforts needed to address the food crisis and the lack of security in the region; |
| --- | --- |

10.

Welcomes the West African community package of USD 80 million, pledged in response to the emergency crisis in the Sahel region, and the EU’s humanitarian aid increase to the Sahel region from EUR 45 million to over EUR 120 million since the beginning of 2012, and urges all sides to make sure that this aid benefits those in need; calls, at the same time, on the international community to make the financial efforts needed to address the food crisis and the lack of security in the region;

| 11. | Points out that the Sahel is one of the regions most affected by climate change and loss of biodiversity, which have a profound impact on agriculture, farmers and local people’s lives and increase poverty and inequalities; welcomes the action taken by the FAO, in conjunction with the Permanent Interstate Committee for Drought Control in the Sahel (CILSS), the Famine Early Warning Systems Network (FEWSNET), the WFP and governments; |
| --- | --- |

11.

Points out that the Sahel is one of the regions most affected by climate change and loss of biodiversity, which have a profound impact on agriculture, farmers and local people’s lives and increase poverty and inequalities; welcomes the action taken by the FAO, in conjunction with the Permanent Interstate Committee for Drought Control in the Sahel (CILSS), the Famine Early Warning Systems Network (FEWSNET), the WFP and governments;

| 12. | Urges the EU, while coordinating with other donors, to exercise strong leadership and take rapid action in order to prevent the crisis in the Sahel region from becoming a catastrophe, as the humanitarian situation in the region is expected to remain critical until at least the main harvest this autumn; |
| --- | --- |

12.

Urges the EU, while coordinating with other donors, to exercise strong leadership and take rapid action in order to prevent the crisis in the Sahel region from becoming a catastrophe, as the humanitarian situation in the region is expected to remain critical until at least the main harvest this autumn;

| 13. | Is convinced that it is indispensible for the international community, in the medium and long-term perspective, to focus its actions on reinforcing the ability of the populations concerned to cope with future droughts and other shocks and thereby reduce their dependence on emergency aid, to improve hunger-response strategies and to fight against structural vulnerabilities, and in so doing tackle the problem in a more efficient way; |
| --- | --- |

13.

Is convinced that it is indispensible for the international community, in the medium and long-term perspective, to focus its actions on reinforcing the ability of the populations concerned to cope with future droughts and other shocks and thereby reduce their dependence on emergency aid, to improve hunger-response strategies and to fight against structural vulnerabilities, and in so doing tackle the problem in a more efficient way;

| 14. | Urges the EU and the international community to focus their activities on efforts to protect the livelihoods of the most vulnerable households, strengthen the resilience of pastoralists, agro-pastoralists and farmers, support the management/conservation of natural resources such as water, trees and soil, provide integrated emergency nutrition assistance to the most vulnerable families, especially women, reinforce disaster risk reduction and management at local, national and regional levels, and support the coordination of, and strengthen, food security information management and early warning systems; |
| --- | --- |

14.

Urges the EU and the international community to focus their activities on efforts to protect the livelihoods of the most vulnerable households, strengthen the resilience of pastoralists, agro-pastoralists and farmers, support the management/conservation of natural resources such as water, trees and soil, provide integrated emergency nutrition assistance to the most vulnerable families, especially women, reinforce disaster risk reduction and management at local, national and regional levels, and support the coordination of, and strengthen, food security information management and early warning systems;

| 15. | Believes that there is an urgent need to support initiatives aimed at strengthening dialogue about, and increasing the ability of local communities to resist and counter, the appeal of terrorism and the recruitment of youth by terrorist and other criminal groups, including through support for youth employment and training; |
| --- | --- |

15.

Believes that there is an urgent need to support initiatives aimed at strengthening dialogue about, and increasing the ability of local communities to resist and counter, the appeal of terrorism and the recruitment of youth by terrorist and other criminal groups, including through support for youth employment and training;

| 16. | Urges the states of the Sahel-Saharan region, the new Libyan authorities and the competent multilateral agencies to take all necessary measures to stop the proliferation of arms in the region by establishing adequate mechanisms to control and secure national borders across the region, including mechanism to halt the transfer of small arms and light weapons, to implement programmes for collecting and destroying illegal small arms and light weapons, and to institute measures for exchanging information and launching joint security operations in the region; |
| --- | --- |

16.

Urges the states of the Sahel-Saharan region, the new Libyan authorities and the competent multilateral agencies to take all necessary measures to stop the proliferation of arms in the region by establishing adequate mechanisms to control and secure national borders across the region, including mechanism to halt the transfer of small arms and light weapons, to implement programmes for collecting and destroying illegal small arms and light weapons, and to institute measures for exchanging information and launching joint security operations in the region;

| 17. | Welcomes the establishment in 2010 of the Joint Staff Operations Committee (CEMOC) by Algeria, Mali, Mauritania and Niger to coordinate the fight against terrorism, organised crime and drug trafficking in the Sahel-Saharan region; |
| --- | --- |

17.

Welcomes the establishment in 2010 of the Joint Staff Operations Committee (CEMOC) by Algeria, Mali, Mauritania and Niger to coordinate the fight against terrorism, organised crime and drug trafficking in the Sahel-Saharan region;

| 18. | Calls on the international community in general, and the EU in particular, to step up their cooperation with the countries of the Sahel-Saharan region and with ECOWAS in the fight against terrorism and organised crime in the sub-region, especially by increasing the resources available to CEMOC; |
| --- | --- |

18.

Calls on the international community in general, and the EU in particular, to step up their cooperation with the countries of the Sahel-Saharan region and with ECOWAS in the fight against terrorism and organised crime in the sub-region, especially by increasing the resources available to CEMOC;

| 19. | Calls for all the measures taken to combat terrorism to comply with international human rights conventions and protocols; |
| --- | --- |

19.

Calls for all the measures taken to combat terrorism to comply with international human rights conventions and protocols;

| 20. | Stresses that effective measures should be taken to cut off sources of funding for terrorists and their accomplices, and calls for the states of the region to take the measures advocated by the United Nations Office on Drugs and Crime (UNODC), namely reform of criminal justice systems, anti-corruption laws, improved monitoring of the trade in light weapons and the freezing of suspects’ bank accounts; |
| --- | --- |

20.

Stresses that effective measures should be taken to cut off sources of funding for terrorists and their accomplices, and calls for the states of the region to take the measures advocated by the United Nations Office on Drugs and Crime (UNODC), namely reform of criminal justice systems, anti-corruption laws, improved monitoring of the trade in light weapons and the freezing of suspects’ bank accounts;

| 21. | Recalls and condemns the abduction on 24-25 November 2011 of two French nationals, a Swede, a Dutchman and a South African holding a British passport, along with the killing of a German citizen who resisted the kidnappers; notes that this brings the number of EU hostages in the Sahel area to 12, with al-Qaeda in the Islamic Maghreb still holding two Spanish nationals and an Italian national abducted in western Algeria in October 2011, four French nationals abducted in Niger in September 2010 and, on 15 April 2012, a Swiss missionary abducted in Timbuktu; |
| --- | --- |

21.

Recalls and condemns the abduction on 24-25 November 2011 of two French nationals, a Swede, a Dutchman and a South African holding a British passport, along with the killing of a German citizen who resisted the kidnappers; notes that this brings the number of EU hostages in the Sahel area to 12, with al-Qaeda in the Islamic Maghreb still holding two Spanish nationals and an Italian national abducted in western Algeria in October 2011, four French nationals abducted in Niger in September 2010 and, on 15 April 2012, a Swiss missionary abducted in Timbuktu;

| 22. | Hopes that any European Security Defence Policy (ESDP) mission officially requested by the Government of Mali will help the countries in the sub-region control their borders more effectively and, in particular, to combat trafficking in arms, drugs and human beings; |
| --- | --- |

22.

Hopes that any European Security Defence Policy (ESDP) mission officially requested by the Government of Mali will help the countries in the sub-region control their borders more effectively and, in particular, to combat trafficking in arms, drugs and human beings;

| 23. | Commends the actions taken by ECOWAS, the African Union, the United Nations and neighbouring countries with a view to facilitating Mali’s rapid return to constitutional order and to initiating concrete measures to protect its sovereignty, unity and territorial integrity; takes note of the outcome of the conference held in Ouagadougou on 14 and 15 April 2012 under the auspices of Burkinabe President Blaise Compaoré, the mediator appointed by ECOWAS, and hopes that the timetable and detailed arrangements for the transition will swiftly be clarified further; |
| --- | --- |

23.

Commends the actions taken by ECOWAS, the African Union, the United Nations and neighbouring countries with a view to facilitating Mali’s rapid return to constitutional order and to initiating concrete measures to protect its sovereignty, unity and territorial integrity; takes note of the outcome of the conference held in Ouagadougou on 14 and 15 April 2012 under the auspices of Burkinabe President Blaise Compaoré, the mediator appointed by ECOWAS, and hopes that the timetable and detailed arrangements for the transition will swiftly be clarified further;

| 24. | Calls on the EU and its Member States to pay particular attention to the situation of women and girls in the Sahel region and to take all the necessary measures to ensure their protection from every type of violence and from violations of their human rights; |
| --- | --- |

24.

Calls on the EU and its Member States to pay particular attention to the situation of women and girls in the Sahel region and to take all the necessary measures to ensure their protection from every type of violence and from violations of their human rights;

| 25. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the UN and AU Secretaries-General, ECOWAS and the EU Member States. |
| --- | --- |

25.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the UN and AU Secretaries-General, ECOWAS and the EU Member States.

---

(1)  Doc. 09009/2012.

(2)  Doc. 08067/2012.

(3)  S/2012/42.

(4)  SC/10590.

(5)  SC/10592.

(6)  SC/10600.

(7)  SC/10603.

(8)  OJ C 327, 10.11.2011, p. 38.

(9)  OJ C 145, 23.5.2012, p. 34.

(10)  Doc 14361/2010.

(11)  Texts adopted, P7_TA(2012)0141.

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| 15.11.2013 | EN | Official Journal of the European Union | CE 332/99 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/99

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Thursday 14 June 2012Cases of impunity in the Philippines

P7_TA(2012)0264

European Parliament resolution of 14 June 2012 on the cases of impunity in the Philippines (2012/2681(RSP))

2013/C 332 E/20

The European Parliament,

| — | having regard to the International Covenant on Civil and Political Rights and the Additional Protocol thereto, to which the Philippines is a signatory, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights and the Additional Protocol thereto, to which the Philippines is a signatory,

| — | having regard to the Commission’s Country Strategy Paper 2007-2013 for the Philippines, |
| --- | --- |

—

having regard to the Commission’s Country Strategy Paper 2007-2013 for the Philippines,

| — | having regard to the Financing Agreement for the EU-Philippines Justice Support Programme, signed in October 2009 and intended to speed up judicial proceedings against the perpetrators of extrajudicial killings, and to the new ‘Justice for All’ programme, |
| --- | --- |

—

having regard to the Financing Agreement for the EU-Philippines Justice Support Programme, signed in October 2009 and intended to speed up judicial proceedings against the perpetrators of extrajudicial killings, and to the new ‘Justice for All’ programme,

| — | having regard to the recent ratification by the Philippines of the Rome Statute of the ICC and of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (OPCAT), |
| --- | --- |

—

having regard to the recent ratification by the Philippines of the Rome Statute of the ICC and of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment (OPCAT),

| — | having regard to the report of the UN Working Group on the Universal Periodic Review (UPR) on the Philippines of 31 May 2012, |
| --- | --- |

—

having regard to the report of the UN Working Group on the Universal Periodic Review (UPR) on the Philippines of 31 May 2012,

| — | having regard to the statement by VP/HR Catherine Ashton of 24 April 2012, |
| --- | --- |

—

having regard to the statement by VP/HR Catherine Ashton of 24 April 2012,

| — | having regard to its previous resolutions on the Philippines, notably that of 21 January 2010 (1), |
| --- | --- |

—

having regard to its previous resolutions on the Philippines, notably that of 21 January 2010 (1),

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas Esmail Amil Enog, an employee of the Ampatuan family of Maguindanao, went missing in March 2012 after having testified in court that he had driven armed militia members to the site where 57 victims were killed in 2009; whereas his dismembered body bearing traces of torture was found on 31 May 2012; |
| --- | --- |

A.

whereas Esmail Amil Enog, an employee of the Ampatuan family of Maguindanao, went missing in March 2012 after having testified in court that he had driven armed militia members to the site where 57 victims were killed in 2009; whereas his dismembered body bearing traces of torture was found on 31 May 2012;

| B. | whereas, in an unprecedented move, the leading members of the Ampatuan family accused of masterminding the Maguindanao massacre were arrested after the events of 23 November 2009, while the assets and bank accounts of 28 clan members and associates were frozen; |
| --- | --- |

B.

whereas, in an unprecedented move, the leading members of the Ampatuan family accused of masterminding the Maguindanao massacre were arrested after the events of 23 November 2009, while the assets and bank accounts of 28 clan members and associates were frozen;

| C. | whereas the trial of the persons accused of committing the Maguindanao massacre began on 8 September 2010 in Manila; whereas Andal Ampatuan and several of his sons are on trial for the massacre, while about 100 other suspects are still at large; |
| --- | --- |

C.

whereas the trial of the persons accused of committing the Maguindanao massacre began on 8 September 2010 in Manila; whereas Andal Ampatuan and several of his sons are on trial for the massacre, while about 100 other suspects are still at large;

| D. | whereas Esmail Enog was the third witness to have been killed since the trial began in 2010, while the relatives of other witnesses have reported being attacked, threatened, offered bribes or harassed; |
| --- | --- |

D.

whereas Esmail Enog was the third witness to have been killed since the trial began in 2010, while the relatives of other witnesses have reported being attacked, threatened, offered bribes or harassed;

| E. | whereas Mr Enog’s brutal death is a clear indicator of the fact that the climate of impunity that fostered the Maguindanao massacre is still alive in the country; |
| --- | --- |

E.

whereas Mr Enog’s brutal death is a clear indicator of the fact that the climate of impunity that fostered the Maguindanao massacre is still alive in the country;

| F. | whereas, according to international press reports, four journalists have been killed in 2012 and the Philippines is deemed a dangerous country for the media by human rights monitoring organisations; |
| --- | --- |

F.

whereas, according to international press reports, four journalists have been killed in 2012 and the Philippines is deemed a dangerous country for the media by human rights monitoring organisations;

| G. | whereas extrajudicial killings and enforced disappearances have significantly declined since President Aquino assumed power; whereas, however the government’s ability to effectively combat the widespread impunity of the perpetrators of such acts and tackle the politically motivated violence in the country remains insufficient; |
| --- | --- |

G.

whereas extrajudicial killings and enforced disappearances have significantly declined since President Aquino assumed power; whereas, however the government’s ability to effectively combat the widespread impunity of the perpetrators of such acts and tackle the politically motivated violence in the country remains insufficient;

| H. | whereas, according to human rights organisations, of the many hundreds of cases of extrajudicial killings in the last decade, only seven, involving 11 defendants, have been successfully prosecuted, and none since President Aquino took power; |
| --- | --- |

H.

whereas, according to human rights organisations, of the many hundreds of cases of extrajudicial killings in the last decade, only seven, involving 11 defendants, have been successfully prosecuted, and none since President Aquino took power;

| I. | whereas after the Maguindanao massacre the government established an Independent Commission Against Private Armies to dismantle private militias, but with no concrete results so far; |
| --- | --- |

I.

whereas after the Maguindanao massacre the government established an Independent Commission Against Private Armies to dismantle private militias, but with no concrete results so far;

| J. | whereas according to the May 2011 report of the Independent Commission Against Private Armies there are at least 72 active private armed groups in the country; |
| --- | --- |

J.

whereas according to the May 2011 report of the Independent Commission Against Private Armies there are at least 72 active private armed groups in the country;

| K. | whereas the most recent UPR of the Philippines reiterated the recommendations of 2008, i.e.: end impunity for extrajudicial killings, enforced disappearances and torture, and bring those responsible to justice; step up efforts for the total prohibition of torture, extrajudicial killings and enforced disappearances; end impunity by bringing the perpetrators to justice; and ensure the adequate protection of journalists and human rights defenders; |
| --- | --- |

K.

whereas the most recent UPR of the Philippines reiterated the recommendations of 2008, i.e.: end impunity for extrajudicial killings, enforced disappearances and torture, and bring those responsible to justice; step up efforts for the total prohibition of torture, extrajudicial killings and enforced disappearances; end impunity by bringing the perpetrators to justice; and ensure the adequate protection of journalists and human rights defenders;

| L. | whereas the Enforced or Involuntary Disappearance Act was adopted by the Senate of the Philippines in June 2011 and by the country’s House of Representatives in May 2012; |
| --- | --- |

L.

whereas the Enforced or Involuntary Disappearance Act was adopted by the Senate of the Philippines in June 2011 and by the country’s House of Representatives in May 2012;

| 1. | Strongly condemns the murder of the third witness of the Maguindanao massacre and the assassination of four journalists, and expresses its solidarity with the families of the deceased; |
| --- | --- |

1.

Strongly condemns the murder of the third witness of the Maguindanao massacre and the assassination of four journalists, and expresses its solidarity with the families of the deceased;

| 2. | Expresses its serious concern over judicial independence and slow convictions for human rights violations in the country, and calls for an immediate independent investigation into the recent murder cases; |
| --- | --- |

2.

Expresses its serious concern over judicial independence and slow convictions for human rights violations in the country, and calls for an immediate independent investigation into the recent murder cases;

| 3. | Calls on the Government of the Philippines to take further measures in order to end impunity for extrajudicial killings, enforced disappearances and torture and bring those responsible to justice, including the perpetrators of the Maguindanao massacre who are still at large; further calls for the release of all disappeared persons still in captivity and for light to be shed on all other unresolved cases; |
| --- | --- |

3.

Calls on the Government of the Philippines to take further measures in order to end impunity for extrajudicial killings, enforced disappearances and torture and bring those responsible to justice, including the perpetrators of the Maguindanao massacre who are still at large; further calls for the release of all disappeared persons still in captivity and for light to be shed on all other unresolved cases;

| 4. | Welcomes the indictment of 196 people over the Maguindanao massacre, but deplores the fact that no real progress has been made so far in the trial; |
| --- | --- |

4.

Welcomes the indictment of 196 people over the Maguindanao massacre, but deplores the fact that no real progress has been made so far in the trial;

| 5. | Urges the Government of the Philippines to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and to enact the Enforced or Involuntary Disappearance Act; |
| --- | --- |

5.

Urges the Government of the Philippines to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and to enact the Enforced or Involuntary Disappearance Act;

| 6. | Calls on the Government of the Philippines to ensure the adequate protection of human rights defenders, trade unionists and journalists, effectively investigate and prosecute attacks against journalists, and introduce into domestic law strong legislation prohibiting such acts and imposing criminal penalties; |
| --- | --- |

6.

Calls on the Government of the Philippines to ensure the adequate protection of human rights defenders, trade unionists and journalists, effectively investigate and prosecute attacks against journalists, and introduce into domestic law strong legislation prohibiting such acts and imposing criminal penalties;

| 7. | Urges the state authorities to establish, under the Commission on Human Rights, a specialised programme for witness and victim protection, including the protection of the families of victims, in cases involving serious human rights violations, particularly when the perpetrators are believed to be soldiers, police or state officials; |
| --- | --- |

7.

Urges the state authorities to establish, under the Commission on Human Rights, a specialised programme for witness and victim protection, including the protection of the families of victims, in cases involving serious human rights violations, particularly when the perpetrators are believed to be soldiers, police or state officials;

| 8. | Expresses its concern that the use of torture and the ill-treatment of suspects in police custody continue to be widespread, and urges the Philippine authorities to increase their efforts to rigorously combat violations of the national Anti-Terror Act of 2009; |
| --- | --- |

8.

Expresses its concern that the use of torture and the ill-treatment of suspects in police custody continue to be widespread, and urges the Philippine authorities to increase their efforts to rigorously combat violations of the national Anti-Terror Act of 2009;

| 9. | Urges the government to immediately prohibit and disband paramilitary forces (including where paramilitary activity is supervised by military command) and local militias, and to establish full military and police control over the armed civilian units, notably the Civilian Armed Forces Geographical Units and Civilian Volunteer Organisations; |
| --- | --- |

9.

Urges the government to immediately prohibit and disband paramilitary forces (including where paramilitary activity is supervised by military command) and local militias, and to establish full military and police control over the armed civilian units, notably the Civilian Armed Forces Geographical Units and Civilian Volunteer Organisations;

| 10. | Calls on the government to take concrete steps to implement the recommendations made to the Philippines during the recent UPR; urges it to revoke, without further delay, Executive Order 546, in order to ban private armies; |
| --- | --- |

10.

Calls on the government to take concrete steps to implement the recommendations made to the Philippines during the recent UPR; urges it to revoke, without further delay, Executive Order 546, in order to ban private armies;

| 11. | Welcomes the ratification by the Philippines of the Rome Statute of the International Criminal Court on 30 August 2011 and of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) on 17 April 2012; |
| --- | --- |

11.

Welcomes the ratification by the Philippines of the Rome Statute of the International Criminal Court on 30 August 2011 and of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) on 17 April 2012;

| 12. | Welcomes the important steps taken by the Government of the Philippines in its attempts to prevent killings and bring their perpetrators to justice, as well as the launch of a new Task Force of dedicated prosecutors to address extrajudicial killings and enforced disappearances; |
| --- | --- |

12.

Welcomes the important steps taken by the Government of the Philippines in its attempts to prevent killings and bring their perpetrators to justice, as well as the launch of a new Task Force of dedicated prosecutors to address extrajudicial killings and enforced disappearances;

| 13. | Welcomes the successful implementation of the EPJUST programme and the new EU-Philippines justice support programme ‘Justice for All’, which will be launched soon and will allocate EUR 10 million over the period 2012-2015 in order to promote equitable access to justice and its efficient enforcement for all citizens in general, and in particular for poor and disadvantaged people, especially women, children, minorities and indigenous peoples, as well as human rights and social activists; |
| --- | --- |

13.

Welcomes the successful implementation of the EPJUST programme and the new EU-Philippines justice support programme ‘Justice for All’, which will be launched soon and will allocate EUR 10 million over the period 2012-2015 in order to promote equitable access to justice and its efficient enforcement for all citizens in general, and in particular for poor and disadvantaged people, especially women, children, minorities and indigenous peoples, as well as human rights and social activists;

| 14. | Calls on the Government of the Philippines to enable a visit by the UN Special Rapporteur to investigate the human rights situation in the country; |
| --- | --- |

14.

Calls on the Government of the Philippines to enable a visit by the UN Special Rapporteur to investigate the human rights situation in the country;

| 15. | Instructs its President to forward this resolution to the EU High Representative for Foreign Affairs and Security Policy, the President and Government of the Philippines, the UN High Commissioner for Human Rights, and the governments of the ASEAN member states. |
| --- | --- |

15.

Instructs its President to forward this resolution to the EU High Representative for Foreign Affairs and Security Policy, the President and Government of the Philippines, the UN High Commissioner for Human Rights, and the governments of the ASEAN member states.

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(1)  OJ C 305 E, 11.11.2010, p. 11.

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| 15.11.2013 | EN | Official Journal of the European Union | CE 332/102 |
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15.11.2013

EN

Official Journal of the European Union

CE 332/102

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Thursday 14 June 2012Situation of ethnic minorities in Iran

P7_TA(2012)0265

European Parliament resolution of 14 June 2012 on the situation of ethnic minorities in Iran (2012/2682(RSP))

2013/C 332 E/21

The European Parliament,

| — | having regard to its previous resolutions on the situation in Iran, in particular those concerning human rights, |
| --- | --- |

—

having regard to its previous resolutions on the situation in Iran, in particular those concerning human rights,

| — | having regard to UN Human Rights Council Resolution 16/9 establishing a mandate for a Special Rapporteur on the situation of human rights in Iran, |
| --- | --- |

—

having regard to UN Human Rights Council Resolution 16/9 establishing a mandate for a Special Rapporteur on the situation of human rights in Iran,

| — | having regard to the reports on the situation of human rights in the Islamic Republic of Iran by the UN Special Rapporteur on human rights in Iran of 23 September 2011 and 6 March 2012, |
| --- | --- |

—

having regard to the reports on the situation of human rights in the Islamic Republic of Iran by the UN Special Rapporteur on human rights in Iran of 23 September 2011 and 6 March 2012,

| — | having regard to the Statement by the Spokesperson of High Representative Catherine Ashton on the use of the death penalty in Iran, issued on 30 May 2012, |
| --- | --- |

—

having regard to the Statement by the Spokesperson of High Representative Catherine Ashton on the use of the death penalty in Iran, issued on 30 May 2012,

| — | having regard to the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Elimination of All Forms of Racial Discrimination, to all of which Iran is a party, |
| --- | --- |

—

having regard to the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Convention on the Elimination of All Forms of Racial Discrimination, to all of which Iran is a party,

| — | having regard to Rule 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas the current human rights situation in Iran is characterised by an ongoing pattern of systematic violations of fundamental rights; whereas minorities in Iran continue to be discriminated against and harassed on the grounds of their ethnic or religious background; whereas in recent months minority groups have demonstrated for their rights, and whereas this has led to the large-scale imprisonment of participants; |
| --- | --- |

A.

whereas the current human rights situation in Iran is characterised by an ongoing pattern of systematic violations of fundamental rights; whereas minorities in Iran continue to be discriminated against and harassed on the grounds of their ethnic or religious background; whereas in recent months minority groups have demonstrated for their rights, and whereas this has led to the large-scale imprisonment of participants;

| B. | whereas six members of Iran’s Ahwazi Arab minority are on trial after they were detained without charge for almost a year in connection with their activities on behalf of this minority; whereas justified fears exist that they may not receive a fair trial and may be at risk of torture or other ill-treatment; |
| --- | --- |

B.

whereas six members of Iran’s Ahwazi Arab minority are on trial after they were detained without charge for almost a year in connection with their activities on behalf of this minority; whereas justified fears exist that they may not receive a fair trial and may be at risk of torture or other ill-treatment;

| C. | whereas, on 5 June 2012, for instance, Mohammad Mehdi Zalieh, an Iranian-Kurdish prisoner, died in Rajaee Shahr prison as a result of poor medical attention by the prison’s authorities; |
| --- | --- |

C.

whereas, on 5 June 2012, for instance, Mohammad Mehdi Zalieh, an Iranian-Kurdish prisoner, died in Rajaee Shahr prison as a result of poor medical attention by the prison’s authorities;

| D. | whereas the constitution of the Islamic Republic of Iran formally provides for the fair treatment of ethnic minorities; whereas, however, in practice members of ethnic minorities, such as Azeris, Arabs, Kurds and Balochs, face a wide range of human and civil rights violations, including encroachments on their right to freedom of assembly, association and expression; |
| --- | --- |

D.

whereas the constitution of the Islamic Republic of Iran formally provides for the fair treatment of ethnic minorities; whereas, however, in practice members of ethnic minorities, such as Azeris, Arabs, Kurds and Balochs, face a wide range of human and civil rights violations, including encroachments on their right to freedom of assembly, association and expression;

| E. | whereas there is widespread socio-economic discrimination against persons belonging to minorities, including land and property confiscation and denial of employment, and restrictions on social, cultural and linguistic rights, in violation of the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Economic, Social and Cultural Rights; |
| --- | --- |

E.

whereas there is widespread socio-economic discrimination against persons belonging to minorities, including land and property confiscation and denial of employment, and restrictions on social, cultural and linguistic rights, in violation of the International Convention on the Elimination of All Forms of Racial Discrimination and the International Covenant on Economic, Social and Cultural Rights;

| F. | whereas discrimination against ethnic minorities has a considerable impact in the field of education, as schools in minority regions are often poor and dropout and illiteracy rates in these regions tend to be higher than the national average, which contributes to the underrepresentation of national and ethnic minorities in high-ranking government positions; |
| --- | --- |

F.

whereas discrimination against ethnic minorities has a considerable impact in the field of education, as schools in minority regions are often poor and dropout and illiteracy rates in these regions tend to be higher than the national average, which contributes to the underrepresentation of national and ethnic minorities in high-ranking government positions;

| G. | whereas non-Persian women face double discrimination as members of marginalised communities and as women in Iran, where the law specifically limits their rights; |
| --- | --- |

G.

whereas non-Persian women face double discrimination as members of marginalised communities and as women in Iran, where the law specifically limits their rights;

| H. | whereas a dramatic increase in executions, including of juveniles, has been recorded in Iran in recent years; whereas the death penalty is regularly imposed in cases where the accused are denied their due-process rights and for crimes that do not fall into the category of ‘most serious crimes’ under international standards; |
| --- | --- |

H.

whereas a dramatic increase in executions, including of juveniles, has been recorded in Iran in recent years; whereas the death penalty is regularly imposed in cases where the accused are denied their due-process rights and for crimes that do not fall into the category of ‘most serious crimes’ under international standards;

| 1. | Expresses its serious concern at the steadily deteriorating human rights situation in Iran, including for persons belonging to ethnic and religious minorities, due to systematic political, economic, social, and cultural discrimination; |
| --- | --- |

1.

Expresses its serious concern at the steadily deteriorating human rights situation in Iran, including for persons belonging to ethnic and religious minorities, due to systematic political, economic, social, and cultural discrimination;

| 2. | Calls on the Iranian authorities to eliminate all forms of discrimination against persons belonging to ethnic and religious minorities, officially recognised or otherwise; demands that all persons belonging to minorities be allowed to exercise all the rights enshrined in the Iranian constitution and in international law, including the guarantees stipulated in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, to which Iran is a party; |
| --- | --- |

2.

Calls on the Iranian authorities to eliminate all forms of discrimination against persons belonging to ethnic and religious minorities, officially recognised or otherwise; demands that all persons belonging to minorities be allowed to exercise all the rights enshrined in the Iranian constitution and in international law, including the guarantees stipulated in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, to which Iran is a party;

| 3. | Calls on the Iranian authorities to ensure that the arrested members of Iran’s Ahwazi Arab minority – Mohammad Ali Amouri, Rahman Asakereh, Hashem Sha’bani Amouri, Hadi Rashidi, Sayed Jaber Alboshoka and Sayed Mokhtar Alboshoka – are tried in accordance with international fair-trial standards, with due protection from torture and other ill-treatment, and without recourse to the death penalty; |
| --- | --- |

3.

Calls on the Iranian authorities to ensure that the arrested members of Iran’s Ahwazi Arab minority – Mohammad Ali Amouri, Rahman Asakereh, Hashem Sha’bani Amouri, Hadi Rashidi, Sayed Jaber Alboshoka and Sayed Mokhtar Alboshoka – are tried in accordance with international fair-trial standards, with due protection from torture and other ill-treatment, and without recourse to the death penalty;

| 4. | Urges the Iranian authorities to release all activists who are currently imprisoned for their peaceful advocacy of minority rights; |
| --- | --- |

4.

Urges the Iranian authorities to release all activists who are currently imprisoned for their peaceful advocacy of minority rights;

| 5. | Calls on the Iranian authorities to respect the right of ethnic minorities to use their own languages, in private and public, and in particular to guarantee education in minority languages, in accordance with the constitution of the Islamic Republic of Iran; |
| --- | --- |

5.

Calls on the Iranian authorities to respect the right of ethnic minorities to use their own languages, in private and public, and in particular to guarantee education in minority languages, in accordance with the constitution of the Islamic Republic of Iran;

| 6. | Calls on the UN Independent Expert on minority issues and the UN Special Rapporteur on contemporary forms of racism, xenophobia and related intolerance to request a visit to Iran in order to report on the situation of human rights, and in particular the plight of minorities; |
| --- | --- |

6.

Calls on the UN Independent Expert on minority issues and the UN Special Rapporteur on contemporary forms of racism, xenophobia and related intolerance to request a visit to Iran in order to report on the situation of human rights, and in particular the plight of minorities;

| 7. | Calls on the Iranian authorities to guarantee religious freedom in accordance with the Iranian constitution and the International Covenant on Civil and Political Rights and to put a stop in practice to discrimination against and harassment of religious minorities such as non-Shia Muslims, including Assyrians and other Christian groups, the systematic persecution of the Baha’i minority and the application of the death penalty to converts from Islam; |
| --- | --- |

7.

Calls on the Iranian authorities to guarantee religious freedom in accordance with the Iranian constitution and the International Covenant on Civil and Political Rights and to put a stop in practice to discrimination against and harassment of religious minorities such as non-Shia Muslims, including Assyrians and other Christian groups, the systematic persecution of the Baha’i minority and the application of the death penalty to converts from Islam;

| 8. | Calls on the Commission, in close cooperation with Parliament, to make effective use of the new Instrument for Democracy and Human Rights in order to support democracy and respect for human rights, including the rights of persons belonging to minorities, in Iran; |
| --- | --- |

8.

Calls on the Commission, in close cooperation with Parliament, to make effective use of the new Instrument for Democracy and Human Rights in order to support democracy and respect for human rights, including the rights of persons belonging to minorities, in Iran;

| 9. | Strongly condemns the use of the death penalty in Iran and calls on the Iranian authorities, in accordance with UN General Assembly Resolutions 62/149 and 63/168, to institute a moratorium on executions, pending the abolition of the death penalty; urges the government to prohibit the execution of juveniles and commute all capital sentences currently faced by juveniles; |
| --- | --- |

9.

Strongly condemns the use of the death penalty in Iran and calls on the Iranian authorities, in accordance with UN General Assembly Resolutions 62/149 and 63/168, to institute a moratorium on executions, pending the abolition of the death penalty; urges the government to prohibit the execution of juveniles and commute all capital sentences currently faced by juveniles;

| 10. | Reaffirms its readiness to engage in human rights dialogue with Iran at all levels on the basis of universal values as enshrined in the UN Charter and UN conventions; |
| --- | --- |

10.

Reaffirms its readiness to engage in human rights dialogue with Iran at all levels on the basis of universal values as enshrined in the UN Charter and UN conventions;

| 11. | Calls on the Iranian authorities to demonstrate that they are fully committed to cooperating with the international community in improving the human rights situation in Iran; stresses the need for closer engagement with the Human Rights Council and UN human rights mechanisms; |
| --- | --- |

11.

Calls on the Iranian authorities to demonstrate that they are fully committed to cooperating with the international community in improving the human rights situation in Iran; stresses the need for closer engagement with the Human Rights Council and UN human rights mechanisms;

| 12. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Secretary-General of the United Nations, the UN Human Rights Council, and the Office of the Supreme Leader, the Government and the Parliament of the Islamic Republic of Iran. |
| --- | --- |

12.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Secretary-General of the United Nations, the UN Human Rights Council, and the Office of the Supreme Leader, the Government and the Parliament of the Islamic Republic of Iran.

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| 15.11.2013 | EN | Official Journal of the European Union | CE 332/104 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/104

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Thursday 14 June 2012European cardiac arrest awareness week

P7_TA(2012)0266

Declaration of the European Parliament of 14 June 2012 on establishing a European cardiac arrest awareness week

2013/C 332 E/22

The European Parliament,

| — | having regard to Rule 123 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 123 of its Rules of Procedure,

| A. | whereas in Europe approximately 400 000 people suffer an out-of-hospital sudden cardiac arrest every year, with a survival rate of less than 10 %; |
| --- | --- |

A.

whereas in Europe approximately 400 000 people suffer an out-of-hospital sudden cardiac arrest every year, with a survival rate of less than 10 %;

| B. | whereas the survival of many apparently healthy victims depends on cardiopulmonary resuscitation (CPR) administered by bystanders and early defibrillation, and whereas an intervention within 3-4 minutes may increase the chance of survival to more than 50 %; |
| --- | --- |

B.

whereas the survival of many apparently healthy victims depends on cardiopulmonary resuscitation (CPR) administered by bystanders and early defibrillation, and whereas an intervention within 3-4 minutes may increase the chance of survival to more than 50 %;

| C. | whereas in Europe, automated external defibrillator (AED) programmes are only partially implemented; |
| --- | --- |

C.

whereas in Europe, automated external defibrillator (AED) programmes are only partially implemented;

| 1. | Calls on the Commission and the Council to encourage:






  — | the adoption of common programmes for implementing AED in public places and training lay people in all Member States, |
| --- | --- | --- |

1.

Calls on the Commission and the Council to encourage:

—

the adoption of common programmes for implementing AED in public places and training lay people in all Member States,

| — | the adjustment of legislation in order to facilitate CPR and defibrillation by non-medical persons, |
| --- | --- |

—

the adjustment of legislation in order to facilitate CPR and defibrillation by non-medical persons,

| — | systematic data collection for feedback and quality management in every programme; |
| --- | --- |

—

systematic data collection for feedback and quality management in every programme;

| 2. | Calls on the Commission and the Member States to establish a European cardiac arrest awareness week aimed at improving the awareness and education of the general public, physicians and healthcare professionals; |
| --- | --- |

2.

Calls on the Commission and the Member States to establish a European cardiac arrest awareness week aimed at improving the awareness and education of the general public, physicians and healthcare professionals;

| 3. | Calls on the Commission to support the Member States in adopting and implementing national strategies for equal access to high-quality CPR; |
| --- | --- |

3.

Calls on the Commission to support the Member States in adopting and implementing national strategies for equal access to high-quality CPR;

| 4. | Calls on the Commission and the Member States to enact harmonised legislation across the EU in order to provide immunity from liability to non-medical first responders who offer voluntary assistance in cardiac emergencies; |
| --- | --- |

4.

Calls on the Commission and the Member States to enact harmonised legislation across the EU in order to provide immunity from liability to non-medical first responders who offer voluntary assistance in cardiac emergencies;

| 5. | Instructs its President to forward this declaration, together with the names of the signatories (1), to the Council, the Commission and the parliaments of the Member States. |
| --- | --- |

5.

Instructs its President to forward this declaration, together with the names of the signatories (1), to the Council, the Commission and the parliaments of the Member States.

---

(1)  The list of signatories is published in Annex 1 to the Minutes of 14 June 2012 (P7_PV(2012)06-14(ANN1)).

---

RECOMMENDATIONS

European Parliament

Wednesday 13 June 2012

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/106 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/106

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Wednesday 13 June 2012Recommendation to the Council on the 67th session of the United Nations General Assembly

P7_TA(2012)0240

European Parliament recommendation to the Council of 13 June 2012 on the 67th session of the United Nations General Assembly (2012/2036(INI))

2013/C 332 E/23

The European Parliament,

| — | having regard to the Treaty on European Union (TEU), in particular Articles 21 and 34 thereof, |
| --- | --- |

—

having regard to the Treaty on European Union (TEU), in particular Articles 21 and 34 thereof,

| — | having regard to the proposal for a recommendation to the Council, by Alexander Graf Lambsdorff on behalf of the ALDE Group, on the 67th Session of the United Nations General Assembly (UNGA) (B7-0132/2012), |
| --- | --- |

—

having regard to the proposal for a recommendation to the Council, by Alexander Graf Lambsdorff on behalf of the ALDE Group, on the 67th Session of the United Nations General Assembly (UNGA) (B7-0132/2012),

| — | having regard to its recommendation of 8 June 2011 to the Council on the 66th Session of the UNGA (1), and to its resolution of 11 May 2011 on ‘the EU as a global actor: its role in multilateral organisations’ (2), |
| --- | --- |

—

having regard to its recommendation of 8 June 2011 to the Council on the 66th Session of the UNGA (1), and to its resolution of 11 May 2011 on ‘the EU as a global actor: its role in multilateral organisations’ (2),

| — | having regard to the EU’s priorities for the 66th Session of the UNGA, as adopted by the Council on 10 June 2011 (3), |
| --- | --- |

—

having regard to the EU’s priorities for the 66th Session of the UNGA, as adopted by the Council on 10 June 2011 (3),

| — | having regard to the 66th Session of the UNGA, in particular that body’s resolutions on ‘The United Nations in global governance’ (4), ‘Promoting the efficiency, accountability, effectiveness and transparency of public administration by strengthening supreme audit institutions’ (5), ‘The situation in the Syrian Arab Republic’ (6), ‘People’s empowerment and development’ (7), ‘Towards global partnerships’ (8), ‘South-South cooperation’ (9), ‘The role of the United Nations in promoting development in the context of globalisation and interdependence’ (10), ‘Strengthening the role of the United Nations in enhancing periodic and genuine elections and the promotion of democratisation’ (11), ‘Report of the Conference on Disarmament’ (12), ‘Promotion of a democratic and equitable international order’ (13), and ‘The universal, indivisible, interrelated, interdependent and mutually reinforcing nature of all human rights and fundamental freedoms’ (14), |
| --- | --- |

—

having regard to the 66th Session of the UNGA, in particular that body’s resolutions on ‘The United Nations in global governance’ (4), ‘Promoting the efficiency, accountability, effectiveness and transparency of public administration by strengthening supreme audit institutions’ (5), ‘The situation in the Syrian Arab Republic’ (6), ‘People’s empowerment and development’ (7), ‘Towards global partnerships’ (8), ‘South-South cooperation’ (9), ‘The role of the United Nations in promoting development in the context of globalisation and interdependence’ (10), ‘Strengthening the role of the United Nations in enhancing periodic and genuine elections and the promotion of democratisation’ (11), ‘Report of the Conference on Disarmament’ (12), ‘Promotion of a democratic and equitable international order’ (13), and ‘The universal, indivisible, interrelated, interdependent and mutually reinforcing nature of all human rights and fundamental freedoms’ (14),

| — | having regard to the UNGA resolution of 19 December 2011 on combating intolerance, negative stereotyping, stigmatisation, discrimination, incitement to violence and violence against persons based on religion or belief (15), |
| --- | --- |

—

having regard to the UNGA resolution of 19 December 2011 on combating intolerance, negative stereotyping, stigmatisation, discrimination, incitement to violence and violence against persons based on religion or belief (15),

| — | having regard to the UNGA resolution of 3 May 2011 on the participation of the European Union in the work of the United Nations (16), |
| --- | --- |

—

having regard to the UNGA resolution of 3 May 2011 on the participation of the European Union in the work of the United Nations (16),

| — | having regard to the UNGA resolution of 31 March 2010 on the implementation of Agenda 21, the Programme for the Further Implementation of Agenda 21 and the outcomes of the World Summit on Sustainable Development (17), |
| --- | --- |

—

having regard to the UNGA resolution of 31 March 2010 on the implementation of Agenda 21, the Programme for the Further Implementation of Agenda 21 and the outcomes of the World Summit on Sustainable Development (17),

| — | having regard to the United Nations Millennium Declaration of 8 September 2000, which set out the Millennium Development Goals (MDGs) as objectives established jointly by the international community for the elimination of poverty, |
| --- | --- |

—

having regard to the United Nations Millennium Declaration of 8 September 2000, which set out the Millennium Development Goals (MDGs) as objectives established jointly by the international community for the elimination of poverty,

| — | having regard to the Commission communication of 10 September 2003 on ‘The European Union and the United Nations: the choice of multilateralism’ (COM(2003)0526), |
| --- | --- |

—

having regard to the Commission communication of 10 September 2003 on ‘The European Union and the United Nations: the choice of multilateralism’ (COM(2003)0526),

| — | having regard to the remarks by the President of the European Council following his meeting with the United Nations Secretary-General (UNSG) on 16 April 2012, |
| --- | --- |

—

having regard to the remarks by the President of the European Council following his meeting with the United Nations Secretary-General (UNSG) on 16 April 2012,

| — | having regard to its resolution of 16 February 2012 on Parliament’s position on the 19th Session of the UN Human Rights Council (UNHRC) (18), |
| --- | --- |

—

having regard to its resolution of 16 February 2012 on Parliament’s position on the 19th Session of the UN Human Rights Council (UNHRC) (18),

| — | having regard to its resolution of 17 November 2011 on ‘EU support for the International Criminal Court (ICC): facing challenges and overcoming difficulties’ (19), |
| --- | --- |

—

having regard to its resolution of 17 November 2011 on ‘EU support for the International Criminal Court (ICC): facing challenges and overcoming difficulties’ (19),

| — | having regard to its resolution of 7 July 2011 on EU external policies in favour of democratisation (20), |
| --- | --- |

—

having regard to its resolution of 7 July 2011 on EU external policies in favour of democratisation (20),

| — | having regard to its resolution of 15 December 2010 on the future of the EU-Africa strategic partnership following the 3rd EU-Africa Summit (21), |
| --- | --- |

—

having regard to its resolution of 15 December 2010 on the future of the EU-Africa strategic partnership following the 3rd EU-Africa Summit (21),

| — | having regard to its resolution of 25 November 2010 on the 10th anniversary of UN Security Council Resolution 1325 (2000) on Women, Peace and Security (22), |
| --- | --- |

—

having regard to its resolution of 25 November 2010 on the 10th anniversary of UN Security Council Resolution 1325 (2000) on Women, Peace and Security (22),

| — | having regard to its resolution of 23 November 2010 on civilian-military cooperation and the development of civilian-military capabilities (23), |
| --- | --- |

—

having regard to its resolution of 23 November 2010 on civilian-military cooperation and the development of civilian-military capabilities (23),

| — | having regard to its resolution of 9 June 2005 on the reform of the United Nations (24), |
| --- | --- |

—

having regard to its resolution of 9 June 2005 on the reform of the United Nations (24),

| — | having regard to the report of the joint delegation of the Committee on Foreign Affairs and the Subcommittee on Human Rights to the 66th session of the UN General Assembly, dated 28-29 November 2011, |
| --- | --- |

—

having regard to the report of the joint delegation of the Committee on Foreign Affairs and the Subcommittee on Human Rights to the 66th session of the UN General Assembly, dated 28-29 November 2011,

| — | having regard to Rules 121(3) and 97 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 121(3) and 97 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Development (A7-0186/2012), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Development (A7-0186/2012),

| A. | whereas common international values and norms aim to ensure peace, the protection of human rights, security and prosperity in the world, and to share the benefits of globalisation among all on a more equitable basis; |
| --- | --- |

A.

whereas common international values and norms aim to ensure peace, the protection of human rights, security and prosperity in the world, and to share the benefits of globalisation among all on a more equitable basis;

| B. | whereas the UN is at the centre of global governance, while at the same time it is pursuing its own reforms in order to boost its transparency, effectiveness and efficiency; |
| --- | --- |

B.

whereas the UN is at the centre of global governance, while at the same time it is pursuing its own reforms in order to boost its transparency, effectiveness and efficiency;

| C. | whereas there is a growing need for common rules and decision-making mechanisms in order to jointly address emerging global challenges and the negative impact of the global economic crisis; |
| --- | --- |

C.

whereas there is a growing need for common rules and decision-making mechanisms in order to jointly address emerging global challenges and the negative impact of the global economic crisis;

| D. | whereas the EU needs to strengthen its cohesion in order to remain a key player in an increasingly multipolar world in need of global concerted action; whereas EU Member States are obliged by the treaties to coordinate their action in international organisations and at international conferences; |
| --- | --- |

D.

whereas the EU needs to strengthen its cohesion in order to remain a key player in an increasingly multipolar world in need of global concerted action; whereas EU Member States are obliged by the treaties to coordinate their action in international organisations and at international conferences;

| E. | whereas the EU is committed to effective multilateralism with a strong UN at its core, since this is essential in order to address global challenges; |
| --- | --- |

E.

whereas the EU is committed to effective multilateralism with a strong UN at its core, since this is essential in order to address global challenges;

| F. | whereas the EU and its Member States are the largest financial contributors to the UN system; whereas the EU-27 fund 39 % of the UN’s regular budget and more than 40 % of UN peace-keeping operations; |
| --- | --- |

F.

whereas the EU and its Member States are the largest financial contributors to the UN system; whereas the EU-27 fund 39 % of the UN’s regular budget and more than 40 % of UN peace-keeping operations;

| G. | whereas a solid and stable EU-UN partnership is fundamental to the work of the UN under all three pillars – peace and security, human rights and development – and is also key to the EU’s role as a global actor; |
| --- | --- |

G.

whereas a solid and stable EU-UN partnership is fundamental to the work of the UN under all three pillars – peace and security, human rights and development – and is also key to the EU’s role as a global actor;

| H. | whereas the EU and the UN are natural partners in peace-and state-building, and together provide a framework for collective peace- and state-building efforts; |
| --- | --- |

H.

whereas the EU and the UN are natural partners in peace-and state-building, and together provide a framework for collective peace- and state-building efforts;

| I. | whereas human rights and democracy are founding values of the EU and principles and objectives of European external action, including international trade; whereas respect for, and the promotion and safeguarding of, the universality and indivisibility of human rights are cornerstones of European unity and integrity; |
| --- | --- |

I.

whereas human rights and democracy are founding values of the EU and principles and objectives of European external action, including international trade; whereas respect for, and the promotion and safeguarding of, the universality and indivisibility of human rights are cornerstones of European unity and integrity;

| J. | whereas justice and the rule of law are pillars of sustainable peace, guaranteeing human rights and fundamental freedoms; whereas the Rome Statute of the ICC makes a decisive contribution to the upholding of human rights, to international law and to the fight against impunity; |
| --- | --- |

J.

whereas justice and the rule of law are pillars of sustainable peace, guaranteeing human rights and fundamental freedoms; whereas the Rome Statute of the ICC makes a decisive contribution to the upholding of human rights, to international law and to the fight against impunity;

| K. | whereas all countries and all citizens as well as the international community itself benefit from continued support for democratic processes; whereas they are confronted with the challenges of building, restoring and preserving democracies; |
| --- | --- |

K.

whereas all countries and all citizens as well as the international community itself benefit from continued support for democratic processes; whereas they are confronted with the challenges of building, restoring and preserving democracies;

1.   Addresses the following recommendations to the Council:

The EU at the UN

| (a) | to coordinate to the fullest extent possible, to put across unified positions and to strengthen the coherence and visibility of the EU as a global actor at the UN; to meet the expectations of UN members regarding the ability of the EU to act and deliver in a timely fashion; to adopt a broad and flexible approach to Common Foreign and Security Policy (CFSP) positions at the UN level in order to give the EU the capacity to act in a swift and comprehensive manner on CFSP-related issues; |
| --- | --- |

(a)

to coordinate to the fullest extent possible, to put across unified positions and to strengthen the coherence and visibility of the EU as a global actor at the UN; to meet the expectations of UN members regarding the ability of the EU to act and deliver in a timely fashion; to adopt a broad and flexible approach to Common Foreign and Security Policy (CFSP) positions at the UN level in order to give the EU the capacity to act in a swift and comprehensive manner on CFSP-related issues;

| (b) | to enhance its contribution to the work of the UN by reaching a common interpretation of the UNGA resolution on the modalities of the EU’s participation in the work of UNGA and by working with partners towards its full implementation; to present a report to Parliament on its application in practice; |
| --- | --- |

(b)

to enhance its contribution to the work of the UN by reaching a common interpretation of the UNGA resolution on the modalities of the EU’s participation in the work of UNGA and by working with partners towards its full implementation; to present a report to Parliament on its application in practice;

| (c) | to work with EU Member States and the EU Delegation to the UN towards improving coordination, transparency and the exchange of information in the United Nations Security Council (UNSC) and the defence of the positions and interests of the EU in the UNSC by those Member States which are members of that body, or, alternatively, by an EU representative upon the invitation of the Chair; to reinforce the EU’s impact on UNSC decisions and to raise the profile of the EU at the UN on crucial UNSC matters; |
| --- | --- |

(c)

to work with EU Member States and the EU Delegation to the UN towards improving coordination, transparency and the exchange of information in the United Nations Security Council (UNSC) and the defence of the positions and interests of the EU in the UNSC by those Member States which are members of that body, or, alternatively, by an EU representative upon the invitation of the Chair; to reinforce the EU’s impact on UNSC decisions and to raise the profile of the EU at the UN on crucial UNSC matters;

| (d) | to ensure strong EU representation throughout all UN institutions and specialised agencies; |
| --- | --- |

(d)

to ensure strong EU representation throughout all UN institutions and specialised agencies;

| (e) | to develop a long-term strategy targeting the UN’s membership and to pursue stronger public diplomacy on UN affairs; |
| --- | --- |

(e)

to develop a long-term strategy targeting the UN’s membership and to pursue stronger public diplomacy on UN affairs;

The EU and global governance

| (f) | to advance effective multilateralism as an overriding strategic concern of the EU, by enhancing the representativeness, transparency, accountability, efficiency and effectiveness of the UN, with the aim of improving its delivery on the ground; to recall the need to strike a new institutional balance between the emerging role of the G-20, the UN and its agencies and international financial institutions (IFIs); in this connection, to enhance global governance and to seek solutions with a view to further improving coordination between the G-formations and the UN system, insofar as the economic dimension could usefully be covered by these groups, provided that the UN maintains its central role and remains the legitimate body for global action; |
| --- | --- |

(f)

to advance effective multilateralism as an overriding strategic concern of the EU, by enhancing the representativeness, transparency, accountability, efficiency and effectiveness of the UN, with the aim of improving its delivery on the ground; to recall the need to strike a new institutional balance between the emerging role of the G-20, the UN and its agencies and international financial institutions (IFIs); in this connection, to enhance global governance and to seek solutions with a view to further improving coordination between the G-formations and the UN system, insofar as the economic dimension could usefully be covered by these groups, provided that the UN maintains its central role and remains the legitimate body for global action;

| (g) | to engage more actively with strategic and other bilateral and multilateral partners, especially the USA, in order to promote effective solutions to problems which affect both EU citizens and the world at large, including the poorest and most vulnerable; |
| --- | --- |

(g)

to engage more actively with strategic and other bilateral and multilateral partners, especially the USA, in order to promote effective solutions to problems which affect both EU citizens and the world at large, including the poorest and most vulnerable;

| (h) | actively to support a comprehensive and consensual reform of the UNSC in order to strengthen its legitimacy, regional representation, accountability and effectiveness; to recall that an EU seat in an enlarged UNSC remains a central, long-term goal of the European Union; to ask the High Representative/Vice-President (HR/VP) to develop a common position of the Member States to that end; in order to achieve this goal in the future, to work on prior coordination of positions in the Council of the EU on the introduction of new members of the UNSC and on the reform of the UNSC’s decision-making; |
| --- | --- |

(h)

actively to support a comprehensive and consensual reform of the UNSC in order to strengthen its legitimacy, regional representation, accountability and effectiveness; to recall that an EU seat in an enlarged UNSC remains a central, long-term goal of the European Union; to ask the High Representative/Vice-President (HR/VP) to develop a common position of the Member States to that end; in order to achieve this goal in the future, to work on prior coordination of positions in the Council of the EU on the introduction of new members of the UNSC and on the reform of the UNSC’s decision-making;

| (i) | to engage in the reflection started in the UNGA on the role of the UN in global governance, with a view to improving transparency and cooperation; to promote greater cooperation between the EU and the UNGA; |
| --- | --- |

(i)

to engage in the reflection started in the UNGA on the role of the UN in global governance, with a view to improving transparency and cooperation; to promote greater cooperation between the EU and the UNGA;

| (j) | to help revitalise the UNGA and to increase its efficiency, inter alia by supporting the work of the Ad Hoc Working Group, by facilitating more in-depth and result-oriented thematic debates on topical, important issues, and through closer engagement of the UNGA with other stakeholders, including civil society and other international and regional organisations and forums; to stress the need for further streamlining of the agendas of the UNGA and its main committees; to underline the fact that revitalisation can be ensured only if the UNGA takes relevant and appropriate action on issues of common concern to the international community; |
| --- | --- |

(j)

to help revitalise the UNGA and to increase its efficiency, inter alia by supporting the work of the Ad Hoc Working Group, by facilitating more in-depth and result-oriented thematic debates on topical, important issues, and through closer engagement of the UNGA with other stakeholders, including civil society and other international and regional organisations and forums; to stress the need for further streamlining of the agendas of the UNGA and its main committees; to underline the fact that revitalisation can be ensured only if the UNGA takes relevant and appropriate action on issues of common concern to the international community;

| (k) | to reconfirm its commitment to ensuring that UN financial resources are adequate and managed efficiently and effectively, according to the principles of budgetary discipline and coherence and in conformity with the highest international standards; |
| --- | --- |

(k)

to reconfirm its commitment to ensuring that UN financial resources are adequate and managed efficiently and effectively, according to the principles of budgetary discipline and coherence and in conformity with the highest international standards;

Peace and security

Peace-keeping and peace-building

| (l) | to strengthen the operational partnership and to promote the strategic coherence and effectiveness of collective peace-building efforts, inter alia through the work of the Special Committee on Peace-keeping Operations; |
| --- | --- |

(l)

to strengthen the operational partnership and to promote the strategic coherence and effectiveness of collective peace-building efforts, inter alia through the work of the Special Committee on Peace-keeping Operations;

| (m) | to advance cooperation and build partnerships in the area of conflict prevention, civilian and military crisis management, and conflict resolution with the UN, the OSCE, the African Union (AU), the Arab League and other international and regional organisations, as well as with civil society; to improve the peace-building capacities of regional organisations, inter alia through the proposed EU–UN–AU and EU–UN–ECOWAS tri-partnerships; |
| --- | --- |

(m)

to advance cooperation and build partnerships in the area of conflict prevention, civilian and military crisis management, and conflict resolution with the UN, the OSCE, the African Union (AU), the Arab League and other international and regional organisations, as well as with civil society; to improve the peace-building capacities of regional organisations, inter alia through the proposed EU–UN–AU and EU–UN–ECOWAS tri-partnerships;

| (n) | to promote the collaboration of different actors in the peace-building architecture, notably between the UN Secretariat, the UNSC, the UNGA, and the UN member states involved in peace-building missions; to pursue efforts to ensure that EU Member States contribute to UN peace missions with special capacities, such as transport and logistics, and training; to consider the option of launching a military operation under the Common Security and Defence Policy (CSDP), including the possible deployment of a battlegroup to precede a UN peace mission if requested by the UN, while paying special attention to the protection of all members of peacekeeping missions and of any battlegroups; to support the development of conflict prevention and management as well as mediation, peace-keeping and peace-building capacity at national and subnational levels; to promote the exchange of know-how and good practices among partners; |
| --- | --- |

(n)

to promote the collaboration of different actors in the peace-building architecture, notably between the UN Secretariat, the UNSC, the UNGA, and the UN member states involved in peace-building missions; to pursue efforts to ensure that EU Member States contribute to UN peace missions with special capacities, such as transport and logistics, and training; to consider the option of launching a military operation under the Common Security and Defence Policy (CSDP), including the possible deployment of a battlegroup to precede a UN peace mission if requested by the UN, while paying special attention to the protection of all members of peacekeeping missions and of any battlegroups; to support the development of conflict prevention and management as well as mediation, peace-keeping and peace-building capacity at national and subnational levels; to promote the exchange of know-how and good practices among partners;

| (o) | to provide support to the UN Civilian Capacity Review in identifying practical ways of matching demand with supply in critical civilian capability areas; to expedite recruitment, eliminate operational incompatibilities and avoid overlapping when deploying civilian CSDP capabilities in support of UN actions; to explore options for the joint deployment of crisis response teams within a UN operation in cases where rapidly deployable capacities are required; |
| --- | --- |

(o)

to provide support to the UN Civilian Capacity Review in identifying practical ways of matching demand with supply in critical civilian capability areas; to expedite recruitment, eliminate operational incompatibilities and avoid overlapping when deploying civilian CSDP capabilities in support of UN actions; to explore options for the joint deployment of crisis response teams within a UN operation in cases where rapidly deployable capacities are required;

| (p) | to ensure the participation of women at all stages of peace processes and systematically to engage them in preventive diplomacy, early warning and security monitoring; to focus, in line with UNSC Resolution 1325 (2000) on Women, Peace and Security, on the need to mainstream gender perspectives in conflict prevention, peacekeeping operations, humanitarian assistance, post-conflict reconstruction and DDR (25) initiatives; to work actively to ensure the implementation of UNSC Resolution 1325 by all UN member states; |
| --- | --- |

(p)

to ensure the participation of women at all stages of peace processes and systematically to engage them in preventive diplomacy, early warning and security monitoring; to focus, in line with UNSC Resolution 1325 (2000) on Women, Peace and Security, on the need to mainstream gender perspectives in conflict prevention, peacekeeping operations, humanitarian assistance, post-conflict reconstruction and DDR (25) initiatives; to work actively to ensure the implementation of UNSC Resolution 1325 by all UN member states;

| (q) | to cooperate with the UN to tackle the current global threats, such as climate change, nuclear weapons proliferation, organised crime and terrorism, and pandemics; |
| --- | --- |

(q)

to cooperate with the UN to tackle the current global threats, such as climate change, nuclear weapons proliferation, organised crime and terrorism, and pandemics;

| (r) | to contribute to the successful outcome of and follow-up to the 2012 UN Conference on the Arms Trade Treaty and the 2012 Review Conference on the Programme of Action on Small Arms and Light Weapons; |
| --- | --- |

(r)

to contribute to the successful outcome of and follow-up to the 2012 UN Conference on the Arms Trade Treaty and the 2012 Review Conference on the Programme of Action on Small Arms and Light Weapons;

Responsibility to Protect (R2P)

| (s) | to assist states in fulfilling their responsibility to protect their populations; to stress the need for timely and adequate international action to prevent and halt genocide, ethnic cleansing, war crimes and crimes against humanity; |
| --- | --- |

(s)

to assist states in fulfilling their responsibility to protect their populations; to stress the need for timely and adequate international action to prevent and halt genocide, ethnic cleansing, war crimes and crimes against humanity;

| (t) | to generate further political and institutional progress on the implementation of the R2P concept in UN organs, particularly in the UNSC, the UNGA and the UNHRC, drawing conclusions and learning lessons both from the intervention in Libya and from the inability to take swift action in the case of Syria; to facilitate the debate on how the UN bodies, in particular the UNSC, could utilise this concept to ensure greater cooperation between UN member states during crises; to advance the positive role of regional organisations, in developing and applying an operational approach to R2P; |
| --- | --- |

(t)

to generate further political and institutional progress on the implementation of the R2P concept in UN organs, particularly in the UNSC, the UNGA and the UNHRC, drawing conclusions and learning lessons both from the intervention in Libya and from the inability to take swift action in the case of Syria; to facilitate the debate on how the UN bodies, in particular the UNSC, could utilise this concept to ensure greater cooperation between UN member states during crises; to advance the positive role of regional organisations, in developing and applying an operational approach to R2P;

| (u) | to work with partners to ensure that this concept focuses on prevention, protection and post-conflict reconstruction, in line with the tripartition of R2P into responsibility to prevent, to protect and to rebuild; to assist states in building capacities to this effect, inter alia by strengthening early warning mechanisms and relevant UN mediation capacities; to encourage, in cooperation with UN member states, the establishment of focal points to monitor emerging conflict situations, and to build relevant capacities in EU delegations; |
| --- | --- |

(u)

to work with partners to ensure that this concept focuses on prevention, protection and post-conflict reconstruction, in line with the tripartition of R2P into responsibility to prevent, to protect and to rebuild; to assist states in building capacities to this effect, inter alia by strengthening early warning mechanisms and relevant UN mediation capacities; to encourage, in cooperation with UN member states, the establishment of focal points to monitor emerging conflict situations, and to build relevant capacities in EU delegations;

| (v) | strongly to reconfirm the EU’s commitment to the concept of R2P and to initiate the development of an inter-institutional consensus on R2P between the European Parliament, the EEAS and the EU Member States that could ensure more consistent EU action on such issues in UN forums; |
| --- | --- |

(v)

strongly to reconfirm the EU’s commitment to the concept of R2P and to initiate the development of an inter-institutional consensus on R2P between the European Parliament, the EEAS and the EU Member States that could ensure more consistent EU action on such issues in UN forums;

Mediation

| (w) | to promote mediation as a cost-effective tool in the peaceful prevention and resolution of disputes, as well as in preventing post-conflict countries from relapsing into conflict; to develop more effective mediation guidelines in the field of the rule of law and democratic accountability; |
| --- | --- |

(w)

to promote mediation as a cost-effective tool in the peaceful prevention and resolution of disputes, as well as in preventing post-conflict countries from relapsing into conflict; to develop more effective mediation guidelines in the field of the rule of law and democratic accountability;

| (x) | to prioritise and develop the implementation of this tool and further to develop mediation capacities within the EEAS, based on the Concept of Strengthening EU Mediation and Dialogue Capacities; |
| --- | --- |

(x)

to prioritise and develop the implementation of this tool and further to develop mediation capacities within the EEAS, based on the Concept of Strengthening EU Mediation and Dialogue Capacities;

| (y) | to cooperate closely with the UN and other actors in mediation; to strive for synergies in mediation activities with the UN Department for Political Affairs (DPA); to advance partnerships and cooperation by international, regional and subregional organisations with the UN, with each other and with civil society, for example through an EU-UN joint partnership on mediation capacities; to improve information-sharing, cooperation and coordination in order to ensure the coherence and complementarity of the efforts of actors involved in specific mediation; |
| --- | --- |

(y)

to cooperate closely with the UN and other actors in mediation; to strive for synergies in mediation activities with the UN Department for Political Affairs (DPA); to advance partnerships and cooperation by international, regional and subregional organisations with the UN, with each other and with civil society, for example through an EU-UN joint partnership on mediation capacities; to improve information-sharing, cooperation and coordination in order to ensure the coherence and complementarity of the efforts of actors involved in specific mediation;

International justice

| (z) | to strengthen the international criminal justice system; to highlight the role of the ICC in fighting impunity and further to promote the ICC as the only permanent judicial body with jurisdiction over individual perpetrators for war crimes, crimes against humanity and genocide, when national courts are unable or unwilling to do so; |
| --- | --- |

(z)

to strengthen the international criminal justice system; to highlight the role of the ICC in fighting impunity and further to promote the ICC as the only permanent judicial body with jurisdiction over individual perpetrators for war crimes, crimes against humanity and genocide, when national courts are unable or unwilling to do so;

| (aa) | to strengthen the ICC by providing political, diplomatic, financial and logistical support; to encourage all UN member states to join the Court by ratifying the Rome Statute; to foster strong cooperation with the Court by the UN and its bodies and agencies; |
| --- | --- |

(aa)

to strengthen the ICC by providing political, diplomatic, financial and logistical support; to encourage all UN member states to join the Court by ratifying the Rome Statute; to foster strong cooperation with the Court by the UN and its bodies and agencies;

Human rights

| (ab) | to strengthen international efforts aimed at ensuring that all human rights agreed under UN conventions are considered universal, indivisible, interdependent and interrelated; to help strengthen national capacities for the fulfilment of international human rights obligations; in this connection, to stress the need to secure the right of freedom of religion and belief for all; |
| --- | --- |

(ab)

to strengthen international efforts aimed at ensuring that all human rights agreed under UN conventions are considered universal, indivisible, interdependent and interrelated; to help strengthen national capacities for the fulfilment of international human rights obligations; in this connection, to stress the need to secure the right of freedom of religion and belief for all;

| (ac) | actively to support the African-led initiative and the recommendation of the Commission on the Status of Women by working towards the adoption of a UNGA resolution in 2012 with a view to banning female genital mutilation (FGM) worldwide; to call on the HR/VP and the Commission to give the utmost priority to ensuring the success of this process; |
| --- | --- |

(ac)

actively to support the African-led initiative and the recommendation of the Commission on the Status of Women by working towards the adoption of a UNGA resolution in 2012 with a view to banning female genital mutilation (FGM) worldwide; to call on the HR/VP and the Commission to give the utmost priority to ensuring the success of this process;

| (ad) | further to promote the mainstreaming of human rights in all aspects of the UN’s work, reaffirming the fact that human rights are inextricably linked to the UN’s other goals on peace and security, and development; |
| --- | --- |

(ad)

further to promote the mainstreaming of human rights in all aspects of the UN’s work, reaffirming the fact that human rights are inextricably linked to the UN’s other goals on peace and security, and development;

| (ae) | to participate proactively in the work of the UNHRC by co-sponsoring resolutions, issuing statements and taking part in interactive dialogues and debates in order to ensure greater balance in the UNHRC’s work; |
| --- | --- |

(ae)

to participate proactively in the work of the UNHRC by co-sponsoring resolutions, issuing statements and taking part in interactive dialogues and debates in order to ensure greater balance in the UNHRC’s work;

| (af) | to enhance the early warning capacity of the Special Procedures by providing for a mechanism allowing them to automatically trigger the consideration of a situation by the UNHRC; to reinforce the follow-up process for the implementation of the recommendations of Special Procedures; |
| --- | --- |

(af)

to enhance the early warning capacity of the Special Procedures by providing for a mechanism allowing them to automatically trigger the consideration of a situation by the UNHRC; to reinforce the follow-up process for the implementation of the recommendations of Special Procedures;

| (ag) | to seek to strengthen the process of the Universal Periodic Review (UPR) by embedding recommendations in bilateral and multilateral dialogues with UN member states, and by basing these dialogues on and around international norms and standards; |
| --- | --- |

(ag)

to seek to strengthen the process of the Universal Periodic Review (UPR) by embedding recommendations in bilateral and multilateral dialogues with UN member states, and by basing these dialogues on and around international norms and standards;

| (ah) | to continue its endeavours in the UNGA and its committees in relation to the call for a moratorium on the use of the death penalty, which continues to receive increasing support from an ever-larger number of countries, and in relation to the rights of the child, free media and religious tolerance; to support all efforts to eradicate torture; particularly to encourage the adoption of the Optional Protocol to the UN Convention on Torture; |
| --- | --- |

(ah)

to continue its endeavours in the UNGA and its committees in relation to the call for a moratorium on the use of the death penalty, which continues to receive increasing support from an ever-larger number of countries, and in relation to the rights of the child, free media and religious tolerance; to support all efforts to eradicate torture; particularly to encourage the adoption of the Optional Protocol to the UN Convention on Torture;

Democracy support

| (ai) | to help ensure local ownership of the democratic process and the development of a culture of democracy and the rule of law; to expand democracy support beyond the election process in order to sustain it in the long term and be able to deliver tangible results to citizens; to ensure the inclusion to a greater extent of parliaments and political parties in programmes supporting democracy; to emphasise the importance of independent NGOs that can function freely for the development of a strong civic culture; |
| --- | --- |

(ai)

to help ensure local ownership of the democratic process and the development of a culture of democracy and the rule of law; to expand democracy support beyond the election process in order to sustain it in the long term and be able to deliver tangible results to citizens; to ensure the inclusion to a greater extent of parliaments and political parties in programmes supporting democracy; to emphasise the importance of independent NGOs that can function freely for the development of a strong civic culture;

| (aj) | to focus on social and economic inclusion, democratic transition and political/electoral processes, capacity-building, the strengthening of civil society, the participation of young people in parliamentary democracy, the protection of freedom of expression, freedom of conscience and freedom of religion and the protection of women’s rights, including in terms of their participation in public and political life, at the level both of social practices and of legislation; |
| --- | --- |

(aj)

to focus on social and economic inclusion, democratic transition and political/electoral processes, capacity-building, the strengthening of civil society, the participation of young people in parliamentary democracy, the protection of freedom of expression, freedom of conscience and freedom of religion and the protection of women’s rights, including in terms of their participation in public and political life, at the level both of social practices and of legislation;

| (ak) | to better integrate democracy support into European external action; to support democratic governance through its different financial instruments, using the resources of the EU delegations whenever possible; to work with the UN and other partners globally and locally to enhance the rule of law, foster independent media and build and strengthen democratic institutions that can deliver; |
| --- | --- |

(ak)

to better integrate democracy support into European external action; to support democratic governance through its different financial instruments, using the resources of the EU delegations whenever possible; to work with the UN and other partners globally and locally to enhance the rule of law, foster independent media and build and strengthen democratic institutions that can deliver;

| (al) | to ensure that the mandates of peace-keeping missions reflect the need to support electoral observation missions and to provide them with the necessary means to ensure the safety of the observers on the ground; |
| --- | --- |

(al)

to ensure that the mandates of peace-keeping missions reflect the need to support electoral observation missions and to provide them with the necessary means to ensure the safety of the observers on the ground;

Development

| (am) | to mainstream EU development-related policies at all levels, in order to avoid contradictions between pro-development policies, on the one hand, and obstacles to partner countries’ development in bi-, pluri- and multilateral agreements and forums, on the other; to pay particular attention to human rights and development implications in free trade agreements and during negotiations at WTO level; |
| --- | --- |

(am)

to mainstream EU development-related policies at all levels, in order to avoid contradictions between pro-development policies, on the one hand, and obstacles to partner countries’ development in bi-, pluri- and multilateral agreements and forums, on the other; to pay particular attention to human rights and development implications in free trade agreements and during negotiations at WTO level;

| (an) | to continue working towards putting people at the centre of the development process; to follow up the UN Declaration on the Right to Development, focusing on practical steps towards its implementation; |
| --- | --- |

(an)

to continue working towards putting people at the centre of the development process; to follow up the UN Declaration on the Right to Development, focusing on practical steps towards its implementation;

| (ao) | to ensure that the share of overall European aid channelled through the EU budget is not reduced and retains a poverty and hunger focus; to consider earmarking 20 % of all EU assistance for basic social services as defined by the UN, with a special focus on free and universal access to primary health care and basic education, taking into account the EU’s support for the ‘Education for All’ initiative and its commitment to playing a role in global health; |
| --- | --- |

(ao)

to ensure that the share of overall European aid channelled through the EU budget is not reduced and retains a poverty and hunger focus; to consider earmarking 20 % of all EU assistance for basic social services as defined by the UN, with a special focus on free and universal access to primary health care and basic education, taking into account the EU’s support for the ‘Education for All’ initiative and its commitment to playing a role in global health;

| (ap) | to contribute to enhancing policy coherence for development and to improving the effectiveness of development aid, since these remain key issues for achieving the MDGs; |
| --- | --- |

(ap)

to contribute to enhancing policy coherence for development and to improving the effectiveness of development aid, since these remain key issues for achieving the MDGs;

| (aq) | to lead and speed up the effort in the UN to achieve the MDGs by focusing particularly on those goals for which the least progress has been achieved so far; |
| --- | --- |

(aq)

to lead and speed up the effort in the UN to achieve the MDGs by focusing particularly on those goals for which the least progress has been achieved so far;

| (ar) | while remaining committed to ending poverty in collaboration with the international community, to work towards the definition of the ambitious post-2015 MDG Agenda, taking into account the progress made but also the remaining challenges; |
| --- | --- |

(ar)

while remaining committed to ending poverty in collaboration with the international community, to work towards the definition of the ambitious post-2015 MDG Agenda, taking into account the progress made but also the remaining challenges;

| (as) | to follow up on, and work towards the full implementation of, the outcome of the Rio+20 UN Conference on Sustainable Development, inter alia by promoting sustainable development as the guiding principle for long-term global development; |
| --- | --- |

(as)

to follow up on, and work towards the full implementation of, the outcome of the Rio+20 UN Conference on Sustainable Development, inter alia by promoting sustainable development as the guiding principle for long-term global development;

| (at) | to create a UN panel of eminent persons; |
| --- | --- |

(at)

to create a UN panel of eminent persons;

| (au) | to follow up actively the conclusions adopted in Busan; |
| --- | --- |

(au)

to follow up actively the conclusions adopted in Busan;

| (av) | to make a decisive contribution to the fight against food speculation and to solving the urgent problem of poverty and hunger; |
| --- | --- |

(av)

to make a decisive contribution to the fight against food speculation and to solving the urgent problem of poverty and hunger;

| (aw) | to give priority to food security, productive capacity in agriculture, infrastructure, capacity-building, inclusive economic growth, favourable markets and new businesses, access to technologies, and human and social development in the LDCs, in accordance with the Istanbul Programme of Action and the conclusions adopted at the 13th UNCTAD session in Doha on 26 April 2012; |
| --- | --- |

(aw)

to give priority to food security, productive capacity in agriculture, infrastructure, capacity-building, inclusive economic growth, favourable markets and new businesses, access to technologies, and human and social development in the LDCs, in accordance with the Istanbul Programme of Action and the conclusions adopted at the 13th UNCTAD session in Doha on 26 April 2012;

| (ax) | to reiterate its commitment to the Rome principles for food security; to deplore the consequences of speculation on food commodities; |
| --- | --- |

(ax)

to reiterate its commitment to the Rome principles for food security; to deplore the consequences of speculation on food commodities;

| (ay) | to encourage developing countries, with the support of international donors, to take long-term measures to ensure that drought does not inevitably lead to famine; to implement disaster risk reduction strategies and early warning systems; |
| --- | --- |

(ay)

to encourage developing countries, with the support of international donors, to take long-term measures to ensure that drought does not inevitably lead to famine; to implement disaster risk reduction strategies and early warning systems;

| (az) | to support fully the core role played by the UN, and particularly by the United Nations Office for the Coordination of Humanitarian Affairs; |
| --- | --- |

(az)

to support fully the core role played by the UN, and particularly by the United Nations Office for the Coordination of Humanitarian Affairs;

| (ba) | to reaffirm the EU’s long-term commitment to supporting the welfare of the people in the Horn of Africa and addressing the underlying causes of structural food insecurity and conflict; |
| --- | --- |

(ba)

to reaffirm the EU’s long-term commitment to supporting the welfare of the people in the Horn of Africa and addressing the underlying causes of structural food insecurity and conflict;

Climate change, global environmental protection and sustainability

| (bb) | to take the lead in global climate governance and international cooperation on climate change; to contribute to an institutional architecture that is inclusive, transparent and equitable and provides for balanced representation of both developed and developing countries on relevant governing bodies; further to develop a dialogue with key actors, such as the BRICS countries and developing countries, given that climate change has become a key element of international relations; further to develop the EEAS’s capacities to build up an EU climate diplomacy policy; |
| --- | --- |

(bb)

to take the lead in global climate governance and international cooperation on climate change; to contribute to an institutional architecture that is inclusive, transparent and equitable and provides for balanced representation of both developed and developing countries on relevant governing bodies; further to develop a dialogue with key actors, such as the BRICS countries and developing countries, given that climate change has become a key element of international relations; further to develop the EEAS’s capacities to build up an EU climate diplomacy policy;

| (bc) | to continue to empower citizens in environmental governance through the effective global implementation of Rio Principle 10; in this connection, to expand the provisions of the Aarhus Convention beyond the United Nations Commission for Europe (UNECE) through a global convention or by opening the Aarhus Convention to parties outside the UNECE; to promote improved governance in sustainable development, inter alia by strengthening the United Nations Environment Programme (UNEP); actively to cooperate with partners on better global enforcement of environmental laws; |
| --- | --- |

(bc)

to continue to empower citizens in environmental governance through the effective global implementation of Rio Principle 10; in this connection, to expand the provisions of the Aarhus Convention beyond the United Nations Commission for Europe (UNECE) through a global convention or by opening the Aarhus Convention to parties outside the UNECE; to promote improved governance in sustainable development, inter alia by strengthening the United Nations Environment Programme (UNEP); actively to cooperate with partners on better global enforcement of environmental laws;

| (bd) | to push the joint AU and EU position in favour of upgrading the UNEP to a specialised UN agency with its headquarters in Nairobi, Kenya; to address, within this new institutional framework, the issues of financing, technology transfer and capacity-building for sustainable development; |
| --- | --- |

(bd)

to push the joint AU and EU position in favour of upgrading the UNEP to a specialised UN agency with its headquarters in Nairobi, Kenya; to address, within this new institutional framework, the issues of financing, technology transfer and capacity-building for sustainable development;

| (be) | to support biodiversity and climate protection in the developing countries in line with the objectives set under the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity; to make seas and oceans one of the key pillars of the Rio Framework, alongside climate and biodiversity protection; |
| --- | --- |

(be)

to support biodiversity and climate protection in the developing countries in line with the objectives set under the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity; to make seas and oceans one of the key pillars of the Rio Framework, alongside climate and biodiversity protection;

| (bf) | to support the Commission’s active participation in the ongoing debate on Protection Gaps and Responses launched by the United Nations High Commissioner for Refugees as part of the 2010 High Commissioner’s Dialogue on Protection Challenges, which aims to improve the existing international protection framework for forcibly displaced and stateless people; to participate actively in the debate on the term ‘climate refugee’ (intended to describe people who are forced to flee their homes and seek refuge abroad as a consequence of climate change), including a possible legal definition of this term, which is not yet recognised in international law or in any legally binding international agreement; |
| --- | --- |

(bf)

to support the Commission’s active participation in the ongoing debate on Protection Gaps and Responses launched by the United Nations High Commissioner for Refugees as part of the 2010 High Commissioner’s Dialogue on Protection Challenges, which aims to improve the existing international protection framework for forcibly displaced and stateless people; to participate actively in the debate on the term ‘climate refugee’ (intended to describe people who are forced to flee their homes and seek refuge abroad as a consequence of climate change), including a possible legal definition of this term, which is not yet recognised in international law or in any legally binding international agreement;

Miscellaneous

| (bg) | to promote interaction on global issues between governments and parliaments and foster debate on the global role of parliaments; to strengthen the democratic nature, accountability and transparency of global governance and allow for greater public and parliamentary participation in the activities of the UN; |
| --- | --- |

(bg)

to promote interaction on global issues between governments and parliaments and foster debate on the global role of parliaments; to strengthen the democratic nature, accountability and transparency of global governance and allow for greater public and parliamentary participation in the activities of the UN;

2.   Instructs its President to forward this recommendation to the HR/VP, the Council and, for information, the Commission.

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(1)  Texts adopted, P7_TA(2011)0255.

(2)  Texts adopted, P7_TA(2011)0229.

(3)  Council of the European Union 11298/2011.

(4)  UN General Assembly Resolution A/RES/66/256.

(5)  UN General Assembly Resolution A/RES/66/209.

(6)  UN General Assembly Resolution A/RES/66/253.

(7)  UN General Assembly Resolution A/RES/66/224.

(8)  UN General Assembly Resolution A/RES/66/223.

(9)  UN General Assembly Resolution A/RES/66/219.

(10)  UN General Assembly Resolution A/RES/66/210.

(11)  UN General Assembly Resolution A/RES/66/163.

(12)  UN General Assembly Resolution A/RES/66/59.

(13)  UN General Assembly Resolution A/RES/66/159.

(14)  UN General Assembly Resolution A/RES/66/151.

(15)  UN General Assembly Resolution A/RES/66/167.

(16)  UN General Assembly Resolution A/RES/65/276.

(17)  UN General Assembly Resolution A/RES/64/236.

(18)  Texts adopted, P7_TA(2012)0058.

(19)  Texts adopted, P7_TA(2011)0507.

(20)  Texts adopted, P7_TA(2011)0334.

(21)  Texts adopted, P7_TA(2010)0482.

(22)  OJ C 99 E, 3.4.2012, p. 56.

(23)  OJ C 99 E, 3.4.2012, p. 7.

(24)  OJ C 124 E, 25.5.2006, p. 549.

(25)  Disarmament, demobilisation, reinsertion and reintegration.

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| 15.11.2013 | EN | Official Journal of the European Union | CE 332/114 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/114

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Wednesday 13 June 2012EU Special Representative for Human Rights

P7_TA(2012)0250

European Parliament recommendation to the Council of 13 June 2012 on the EU Special Representative for Human Rights (2012/2088(INI))

2013/C 332 E/24

The European Parliament,

| — | having regard to Articles 2, 3, 6, 21, 31, 33 and 36 of the Treaty on European Union (TEU), |
| --- | --- |

—

having regard to Articles 2, 3, 6, 21, 31, 33 and 36 of the Treaty on European Union (TEU),

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

—

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

| — | having regard to its resolution of 16 December 2010 on the Annual Report on Human Rights in the World 2009 and the European Union’s policy on the matter (1), |
| --- | --- |

—

having regard to its resolution of 16 December 2010 on the Annual Report on Human Rights in the World 2009 and the European Union’s policy on the matter (1),

| — | having regard to its resolution of 18 April 2012 on the Annual Report on Human Rights in the World and the European Union’s policy on the matter, including implications for the EU’s strategic human rights policy (2), |
| --- | --- |

—

having regard to its resolution of 18 April 2012 on the Annual Report on Human Rights in the World and the European Union’s policy on the matter, including implications for the EU’s strategic human rights policy (2),

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

—

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

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Delivering an area of freedom, security and justice for Europe’s citizens – Action plan implementing the Stockholm Programme’ (COM(2010)0171), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Delivering an area of freedom, security and justice for Europe’s citizens – Action plan implementing the Stockholm Programme’ (COM(2010)0171),

| — | having regard to the European Union’s Guidelines on Human Rights and International Humanitarian Law (3), |
| --- | --- |

—

having regard to the European Union’s Guidelines on Human Rights and International Humanitarian Law (3),

| — | having regard to the accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms, |
| --- | --- |

—

having regard to the accession of the European Union to the Convention for the Protection of Human Rights and Fundamental Freedoms,

| — | having regard to the declaration by the High Representative of the Union for Foreign Affairs and Security Policy on political accountability (4), |
| --- | --- |

—

having regard to the declaration by the High Representative of the Union for Foreign Affairs and Security Policy on political accountability (4),

| — | having regard to Rule 97 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 97 of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on Foreign Affairs (A7-0174/2012), |
| --- | --- |

—

having regard to the recommendation of the Committee on Foreign Affairs (A7-0174/2012),

| A. | whereas Article 21 of the Treaty on European Union reaffirms the EU’s commitment to promoting human rights and democracy in all its external actions while guaranteeing coherence and consistency across these areas and between its external action and its other policies; |
| --- | --- |

A.

whereas Article 21 of the Treaty on European Union reaffirms the EU’s commitment to promoting human rights and democracy in all its external actions while guaranteeing coherence and consistency across these areas and between its external action and its other policies;

| B. | whereas Article 33 of the TEU provides the legal basis for the appointment of the EU Special Representative (EUSR) for Human Rights, namely: ‘The Council may, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, appoint a special representative with a mandate in relation to particular policy issues. The special representative shall carry out his mandate under the authority of the High Representative’; |
| --- | --- |

B.

whereas Article 33 of the TEU provides the legal basis for the appointment of the EU Special Representative (EUSR) for Human Rights, namely: ‘The Council may, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, appoint a special representative with a mandate in relation to particular policy issues. The special representative shall carry out his mandate under the authority of the High Representative’;

| C. | whereas the European Parliament has repeatedly called for the appointment of an EU Special Representative for Human Rights (EUSR for HR), as set out in its above-mentioned resolutions of 16 December 2010 and of 18 April 2012; |
| --- | --- |

C.

whereas the European Parliament has repeatedly called for the appointment of an EU Special Representative for Human Rights (EUSR for HR), as set out in its above-mentioned resolutions of 16 December 2010 and of 18 April 2012;

| D. | whereas the EUSR for HR should strengthen the visibility and coherence of the EU’s Human Rights Policy as a fundamental part of its Common Foreign and Security Policy (CFSP) and contribute to raising the EU’s human rights profile worldwide; |
| --- | --- |

D.

whereas the EUSR for HR should strengthen the visibility and coherence of the EU’s Human Rights Policy as a fundamental part of its Common Foreign and Security Policy (CFSP) and contribute to raising the EU’s human rights profile worldwide;

| 1. | Addresses the following recommendations to the Council:






  (a) | while the appointment of the EUSR for HR and the establishment of his/her mandate is formally a Council decision based on a proposal by the EU High Representative, the EUSR for HR should act and speak on behalf of the Union, reflecting the shared and indivisible responsibility of all EU institutions and Member States to protect and promote human rights worldwide; the appointment of the first ever thematic EUSR should enhance the visibility, effectiveness, coherence and accountability of the EU’s human rights policy; in particular, the European Parliament should play its appropriate role in the appointment procedure and the oversight of the mandate during its entire term; |
| --- | --- | --- |

1.

Addresses the following recommendations to the Council:

(a)

while the appointment of the EUSR for HR and the establishment of his/her mandate is formally a Council decision based on a proposal by the EU High Representative, the EUSR for HR should act and speak on behalf of the Union, reflecting the shared and indivisible responsibility of all EU institutions and Member States to protect and promote human rights worldwide; the appointment of the first ever thematic EUSR should enhance the visibility, effectiveness, coherence and accountability of the EU’s human rights policy; in particular, the European Parliament should play its appropriate role in the appointment procedure and the oversight of the mandate during its entire term;

| (b) | in order to strengthen the transparency and accountability of the mandate of the EUSR, an exchange of views/hearing with the EUSR for HR nominated by the High Representative should take place in the relevant committee of the European Parliament; |
| --- | --- |

(b)

in order to strengthen the transparency and accountability of the mandate of the EUSR, an exchange of views/hearing with the EUSR for HR nominated by the High Representative should take place in the relevant committee of the European Parliament;

| (c) | the implementation of the mandate and its consistency with other contributions from the Union in this domain should be kept under regular review; the EUSR should provide the Council, the High Representative, Parliament and the Commission with an annual progress report and a comprehensive implementation report on the mandate at the end thereof; |
| --- | --- |

(c)

the implementation of the mandate and its consistency with other contributions from the Union in this domain should be kept under regular review; the EUSR should provide the Council, the High Representative, Parliament and the Commission with an annual progress report and a comprehensive implementation report on the mandate at the end thereof;

| (d) | the policy objectives of the EUSR for HR should include enhancing the coherence, effectiveness and visibility of EU action in the protection and promotion of human rights and democracy; the EUSR HR should work in close cooperation with the Council Working Group on Human Rights (COHOM); the EUSR for HR should be a high-level interlocutor for his/her counterparts in third countries and at international organisations, also able to engage with the UN (UNGA, UNHRC, etc.) as well as relevant regional organisations; the EUSR for HR should chair high-level human rights dialogues and lead the consultations with third countries on human rights issues; |
| --- | --- |

(d)

the policy objectives of the EUSR for HR should include enhancing the coherence, effectiveness and visibility of EU action in the protection and promotion of human rights and democracy; the EUSR HR should work in close cooperation with the Council Working Group on Human Rights (COHOM); the EUSR for HR should be a high-level interlocutor for his/her counterparts in third countries and at international organisations, also able to engage with the UN (UNGA, UNHRC, etc.) as well as relevant regional organisations; the EUSR for HR should chair high-level human rights dialogues and lead the consultations with third countries on human rights issues;

| (e) | in order to achieve these objectives, the EUSR, while acting under the authority of the High Representative, should be granted a strong, independent and flexible mandate not defined by narrow and specific thematic responsibilities but rather allowing the EUSR to act swiftly and effectively; in line with the actions and priorities set out in the Action Plan, the EUSR for HR should also address different horizontal issues contributing to more effective and coherent action in EU external policies; the scope of the EUSR’s mandate should be fully in line with the principles of universality and indivisibility of human rights and fundamental freedoms and with the policy objectives laid down in Article 21 of the TEU, and should cover the strengthening of democracy, the rule of law and institution building, international justice and international humanitarian law; the mandate should include, inter alia, abolition of the death penalty, human rights defenders, the fight against impunity, the fight against torture, freedom of expression (including on the internet), of association, of assembly, of religion and of belief, minority rights, child protection, women’s rights, peace and security, gender issues, and the fight against discrimination in all its forms, whether based on disability, racial or ethnic origin, gender, sexual orientation or gender identity; |
| --- | --- |

(e)

in order to achieve these objectives, the EUSR, while acting under the authority of the High Representative, should be granted a strong, independent and flexible mandate not defined by narrow and specific thematic responsibilities but rather allowing the EUSR to act swiftly and effectively; in line with the actions and priorities set out in the Action Plan, the EUSR for HR should also address different horizontal issues contributing to more effective and coherent action in EU external policies; the scope of the EUSR’s mandate should be fully in line with the principles of universality and indivisibility of human rights and fundamental freedoms and with the policy objectives laid down in Article 21 of the TEU, and should cover the strengthening of democracy, the rule of law and institution building, international justice and international humanitarian law; the mandate should include, inter alia, abolition of the death penalty, human rights defenders, the fight against impunity, the fight against torture, freedom of expression (including on the internet), of association, of assembly, of religion and of belief, minority rights, child protection, women’s rights, peace and security, gender issues, and the fight against discrimination in all its forms, whether based on disability, racial or ethnic origin, gender, sexual orientation or gender identity;

| (f) | the mandate should be based on the principles guiding the EU’s HR policy and, in particular, on the EU guidelines on the death penalty (2008); torture and other cruel, inhuman or degrading treatment or punishment (2008); human rights dialogues with third countries (2009); children and armed conflict (2008); human rights defenders (2008); promotion and protection of the rights of the child (2008); violence against women and girls and combating all forms of discrimination against them (2008); international humanitarian law (2009), the LGBT toolkit (2010) as well as the EU’s annual reports on human rights in the world; moreover, the mandate should include supporting the High Representative and the EU institutions in the promotion of the UN Guiding Principles on Business and Human Rights; |
| --- | --- |

(f)

the mandate should be based on the principles guiding the EU’s HR policy and, in particular, on the EU guidelines on the death penalty (2008); torture and other cruel, inhuman or degrading treatment or punishment (2008); human rights dialogues with third countries (2009); children and armed conflict (2008); human rights defenders (2008); promotion and protection of the rights of the child (2008); violence against women and girls and combating all forms of discrimination against them (2008); international humanitarian law (2009), the LGBT toolkit (2010) as well as the EU’s annual reports on human rights in the world; moreover, the mandate should include supporting the High Representative and the EU institutions in the promotion of the UN Guiding Principles on Business and Human Rights;

| (g) | the EUSR for HR should have the necessary professional qualifications, extensive experience and proven track record in the field of human rights, as well as personal and professional integrity and an international reputation; |
| --- | --- |

(g)

the EUSR for HR should have the necessary professional qualifications, extensive experience and proven track record in the field of human rights, as well as personal and professional integrity and an international reputation;

| (h) | the EUSR for HR should be appointed for 2,5 years; in order to ensure continuity, coherence and democratic accountability, the mandate should be renewable and the Parliament should be properly consulted in a timely manner during the renewal process; |
| --- | --- |

(h)

the EUSR for HR should be appointed for 2,5 years; in order to ensure continuity, coherence and democratic accountability, the mandate should be renewable and the Parliament should be properly consulted in a timely manner during the renewal process;

| (i) | the EUSR for HR should work closely with the High Representative of the Union for Foreign Affairs and Security Policy and the President of the European Parliament to ensure coherence and mainstreaming of human rights across all policy areas in the work of all EU institutions; the EUSR should interact closely with the EEAS Human Rights and Democracy Directorate and all the multilateral EU delegations (New York, Geneva, Vienna, Strasbourg), as well as with all EU delegations in the world, in order to facilitate contacts on human rights issues with all EU services, EU delegations in third countries and international organisations; the EEAS Human Rights and Democracy Directorate should provide all necessary services and facilitate the implementation of the EUSR’s mandate; |
| --- | --- |

(i)

the EUSR for HR should work closely with the High Representative of the Union for Foreign Affairs and Security Policy and the President of the European Parliament to ensure coherence and mainstreaming of human rights across all policy areas in the work of all EU institutions; the EUSR should interact closely with the EEAS Human Rights and Democracy Directorate and all the multilateral EU delegations (New York, Geneva, Vienna, Strasbourg), as well as with all EU delegations in the world, in order to facilitate contacts on human rights issues with all EU services, EU delegations in third countries and international organisations; the EEAS Human Rights and Democracy Directorate should provide all necessary services and facilitate the implementation of the EUSR’s mandate;

| (j) | while maintaining close links with the Council’s Political and Security Committee, the EUSR for HR should regularly report to the relevant committee of the European Parliament on the situation of human rights in the world and the state of play of the implementation of the mandate, including the results of the UNHRC and UNGA sessions and human rights dialogues with third countries and the implementation of Human Rights Country Strategies; |
| --- | --- |

(j)

while maintaining close links with the Council’s Political and Security Committee, the EUSR for HR should regularly report to the relevant committee of the European Parliament on the situation of human rights in the world and the state of play of the implementation of the mandate, including the results of the UNHRC and UNGA sessions and human rights dialogues with third countries and the implementation of Human Rights Country Strategies;

| (k) | the EUSR for HR, while implementing his/her mandate, should cooperate with representatives of local, regional and national civil society, NGOs, experts, and regional and international organisations acting in the field of protection of human rights and democracy; |
| --- | --- |

(k)

the EUSR for HR, while implementing his/her mandate, should cooperate with representatives of local, regional and national civil society, NGOs, experts, and regional and international organisations acting in the field of protection of human rights and democracy;

| (l) | the EUSR for HR should be provided with adequate financial and human resources in order to guarantee the effective work of the Special Representative and his/her team; the budget of the EUSR for HR should be reviewed annually; |
| --- | --- |

(l)

the EUSR for HR should be provided with adequate financial and human resources in order to guarantee the effective work of the Special Representative and his/her team; the budget of the EUSR for HR should be reviewed annually;

| (m) | the EUSR for HR should be responsible for constituting a team, covering the necessary policy expertise in line with, and acting in the interest of, his/her mandate; in view of the scope and cross-sectoral nature of the mandate, it is important to assign sufficient staff to work under the direct supervision of the EUSR for HR; the team may include seconded staff from Member States and EU institutions, reflecting also the need to ensure coherence and the mainstreaming of human rights across the activities of all EU institutions and Member States; |
| --- | --- |

(m)

the EUSR for HR should be responsible for constituting a team, covering the necessary policy expertise in line with, and acting in the interest of, his/her mandate; in view of the scope and cross-sectoral nature of the mandate, it is important to assign sufficient staff to work under the direct supervision of the EUSR for HR; the team may include seconded staff from Member States and EU institutions, reflecting also the need to ensure coherence and the mainstreaming of human rights across the activities of all EU institutions and Member States;

| (n) | a reference to this recommendation should be included in the mandate of the EUSR for HR; |
| --- | --- |

(n)

a reference to this recommendation should be included in the mandate of the EUSR for HR;

| 2. | Instructs its President to forward this recommendation to the Council, the High Representative of the Union for Foreign Affairs and Security Policy and, for information, the Commission. |
| --- | --- |

2.

Instructs its President to forward this recommendation to the Council, the High Representative of the Union for Foreign Affairs and Security Policy and, for information, the Commission.

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(1)  Texts adopted, P7_TA(2010)0489.

(2)  Texts adopted, P7_TA(2012)0126.

(3)  http://www.eeas.europa.eu/human_rights/docs/guidelines_en.pdf

(4)  OJ C 351 E, 2.12.2011, p. 470.

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III Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 12 June 2012

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/118 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/118

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Tuesday 12 June 2012European Globalisation Adjustment Fund (EGF) – application EGF/2011/020 ES/Comunidad Valenciana – Footwear, Spain

P7_TA(2012)0231

European Parliament resolution of 12 June 2012 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/020 ES/Comunidad Valenciana footwear from Spain) (COM(2012)0204 – C7-0112/2012 – 2012/2089(BUD))

2013/C 332 E/25

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0204 – C7-0112/2012), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0204 – C7-0112/2012),

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1) (IIA of 17 May 2006), and in particular point 28 thereof, |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1) (IIA of 17 May 2006), and in particular point 28 thereof,

| — | having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2) (EGF Regulation), |
| --- | --- |

—

having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2) (EGF Regulation),

| — | having regard to the trilogue procedure provided for in point 28 of the IIA of 17 May 2006, |
| --- | --- |

—

having regard to the trilogue procedure provided for in point 28 of the IIA of 17 May 2006,

| — | having regard to the letter of the Committee on Employment and Social Affairs, |
| --- | --- |

—

having regard to the letter of the Committee on Employment and Social Affairs,

| — | having regard to the report of the Committee on Budgets (A7-0189/2012), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A7-0189/2012),

| A. | whereas the European Union has set up the appropriate legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market, |
| --- | --- |

A.

whereas the European Union has set up the appropriate legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market,

| B. | whereas the scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis, |
| --- | --- |

B.

whereas the scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis,

| C. | whereas the Union’s financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 17 May 2006 in respect of the adoption of decisions to mobilise the EGF, |
| --- | --- |

C.

whereas the Union’s financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 17 May 2006 in respect of the adoption of decisions to mobilise the EGF,

| D. | whereas Spain has requested assistance for 876 redundancies, all targeted for assistance, in 146 enterprises operating in the NACE Revision 2 Division 15 ('Manufacture of leather and related products') (3) in the NUTS II region of Comunidad Valenciana (ES52) in Spain, |
| --- | --- |

D.

whereas Spain has requested assistance for 876 redundancies, all targeted for assistance, in 146 enterprises operating in the NACE Revision 2 Division 15 ('Manufacture of leather and related products') (3) in the NUTS II region of Comunidad Valenciana (ES52) in Spain,

| E. | whereas the application fulfils the eligibility criteria laid down by the EGF Regulation, |
| --- | --- |

E.

whereas the application fulfils the eligibility criteria laid down by the EGF Regulation,

| 1. | Agrees with the Commission that the conditions set out in Article 2(b) of the EGF Regulation are met and that, therefore, Spain is entitled to a financial contribution under that Regulation; |
| --- | --- |

1.

Agrees with the Commission that the conditions set out in Article 2(b) of the EGF Regulation are met and that, therefore, Spain is entitled to a financial contribution under that Regulation;

| 2. | Notes that the Spanish authorities submitted the application for EGF financial contribution on 28 December 2011 and that its assessment was made available by the Commission on 4 May 2012; welcomes the fact that the evaluation process and submission of additional information by the Member State were speedy and accurate; |
| --- | --- |

2.

Notes that the Spanish authorities submitted the application for EGF financial contribution on 28 December 2011 and that its assessment was made available by the Commission on 4 May 2012; welcomes the fact that the evaluation process and submission of additional information by the Member State were speedy and accurate;

| 3. | Notes that the footwear sector represented 26 % of the total employment in the region of Comunidad Valenciana and therefore was an important contributor to local economy, which is dominated by small and medium-sized enterprises in traditional sectors like textile, shoes and ceramics; |
| --- | --- |

3.

Notes that the footwear sector represented 26 % of the total employment in the region of Comunidad Valenciana and therefore was an important contributor to local economy, which is dominated by small and medium-sized enterprises in traditional sectors like textile, shoes and ceramics;

| 4. | Notes that the region of Comunidad Valenciana has been hit in the past by four mass dismissals and welcomes the fact that the region decided to use the EGF support to address those redundancies: EGF/2009/014 ES/Valencia - Ceramic industry, EGF/2010/005 ES/Valencia - Stone marble, EGF/2010/009 ES/Valencia - Textile sector, EGF/2011/006 ES/Comunidad Valenciana - Construction sector; welcomes the fact that the region is building on the experience with the EGF and has quickly assisted workers in several sectors; |
| --- | --- |

4.

Notes that the region of Comunidad Valenciana has been hit in the past by four mass dismissals and welcomes the fact that the region decided to use the EGF support to address those redundancies: EGF/2009/014 ES/Valencia - Ceramic industry, EGF/2010/005 ES/Valencia - Stone marble, EGF/2010/009 ES/Valencia - Textile sector, EGF/2011/006 ES/Comunidad Valenciana - Construction sector; welcomes the fact that the region is building on the experience with the EGF and has quickly assisted workers in several sectors;

| 5. | Welcomes the fact that, in order to provide workers with speedy assistance, the Spanish authorities decided to start the implementation of the measures ahead of the final decision on granting the EGF support for the proposed coordinated package; |
| --- | --- |

5.

Welcomes the fact that, in order to provide workers with speedy assistance, the Spanish authorities decided to start the implementation of the measures ahead of the final decision on granting the EGF support for the proposed coordinated package;

| 6. | Recalls the importance of improving the employability of such workers by means of tailored training and recognition of skills and competences gained throughout the professional career; expects the training on offer in the coordinated package to be tailored to the level and needs of the dismissed workers; |
| --- | --- |

6.

Recalls the importance of improving the employability of such workers by means of tailored training and recognition of skills and competences gained throughout the professional career; expects the training on offer in the coordinated package to be tailored to the level and needs of the dismissed workers;

| 7. | Notes that the training measures target high-added value jobs in the footwear sector, which according to the Spanish authorities are unlikely to relocate, as well as jobs in sectors which offer prospects for growth in the short or medium-term; |
| --- | --- |

7.

Notes that the training measures target high-added value jobs in the footwear sector, which according to the Spanish authorities are unlikely to relocate, as well as jobs in sectors which offer prospects for growth in the short or medium-term;

| 8. | Welcomes the fact that the social partners were consulted on the content of the coordinated package, allocation of roles and distribution and scheduling of tasks; |
| --- | --- |

8.

Welcomes the fact that the social partners were consulted on the content of the coordinated package, allocation of roles and distribution and scheduling of tasks;

| 9. | Highlights the fact that lessons should be learned from the preparation and implementation of this and other applications addressing mass dismissals in a high number of SMEs in one sector, in particular in terms of the eligibility of self-employed persons and owners of the SMEs for EGF support in the future regulation and in terms of the arrangements used by the regions and the Member States to come up quickly with sectoral applications covering a large number of enterprises; |
| --- | --- |

9.

Highlights the fact that lessons should be learned from the preparation and implementation of this and other applications addressing mass dismissals in a high number of SMEs in one sector, in particular in terms of the eligibility of self-employed persons and owners of the SMEs for EGF support in the future regulation and in terms of the arrangements used by the regions and the Member States to come up quickly with sectoral applications covering a large number of enterprises;

| 10. | Requests the institutions involved to make the necessary efforts to improve procedural and budgetary arrangements in order to accelerate the mobilisation of the EGF; appreciates the improved procedure put in place by the Commission, following Parliament's request for accelerating the release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be integrated in the new Regulation on the European Globalisation Adjustment Fund (2014–2020) and that greater efficiency, transparency and visibility of the EGF will be achieved; |
| --- | --- |

10.

Requests the institutions involved to make the necessary efforts to improve procedural and budgetary arrangements in order to accelerate the mobilisation of the EGF; appreciates the improved procedure put in place by the Commission, following Parliament's request for accelerating the release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be integrated in the new Regulation on the European Globalisation Adjustment Fund (2014–2020) and that greater efficiency, transparency and visibility of the EGF will be achieved;

| 11. | Recalls the institutions’ commitment to ensuring a smooth and rapid procedure for the adoption of the decisions on the mobilisation of the EGF, providing one-off, time-limited individual support geared to helping workers who have been made redundant as a result of globalisation and the financial and economic crisis; emphasises the role that the EGF can play in the reintegration of workers made redundant into the labour market; |
| --- | --- |

11.

Recalls the institutions’ commitment to ensuring a smooth and rapid procedure for the adoption of the decisions on the mobilisation of the EGF, providing one-off, time-limited individual support geared to helping workers who have been made redundant as a result of globalisation and the financial and economic crisis; emphasises the role that the EGF can play in the reintegration of workers made redundant into the labour market;

| 12. | Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of individual redundant workers into employment; further stresses that the EGF assistance can co-finance only active labour market measures which lead to long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors; deplores the fact that the EGF might provide an incentive for companies to replace their contractual workforce with a more flexible and short-term one; |
| --- | --- |

12.

Stresses that, in accordance with Article 6 of the EGF Regulation, it should be ensured that the EGF supports the reintegration of individual redundant workers into employment; further stresses that the EGF assistance can co-finance only active labour market measures which lead to long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors; deplores the fact that the EGF might provide an incentive for companies to replace their contractual workforce with a more flexible and short-term one;

| 13. | Notes that the information provided on the coordinated package of personalised services to be funded from the EGF includes information on the complementarity with actions funded by the Structural Funds; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports in order to ensure full respect of the existing regulations and that no duplication of Union-funded services can occur; |
| --- | --- |

13.

Notes that the information provided on the coordinated package of personalised services to be funded from the EGF includes information on the complementarity with actions funded by the Structural Funds; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports in order to ensure full respect of the existing regulations and that no duplication of Union-funded services can occur;

| 14. | Welcomes the fact that following repeated requests from Parliament, the 2012 budget shows payment appropriations of EUR 50 000 000 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that it therefore deserves a dedicated allocation, which will avoid there being transfers from other budget lines, as happened in the past, which could be detrimental to the achievement of the policy objectives of the EGF; |
| --- | --- |

14.

Welcomes the fact that following repeated requests from Parliament, the 2012 budget shows payment appropriations of EUR 50 000 000 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that it therefore deserves a dedicated allocation, which will avoid there being transfers from other budget lines, as happened in the past, which could be detrimental to the achievement of the policy objectives of the EGF;

| 15. | Regrets the decision of the Council to block the extension of the "crisis derogation", which allows provision of financial assistance to workers made redundant as a result of the current financial and economic crisis in addition to those losing their job because of changes in global trade patterns, and which allows an increase in the rate of Union co-financing to 65 % of the programme costs, for applications submitted after the 31 December 2011 deadline, and calls on the Council to reintroduce this measure without delay; |
| --- | --- |

15.

Regrets the decision of the Council to block the extension of the "crisis derogation", which allows provision of financial assistance to workers made redundant as a result of the current financial and economic crisis in addition to those losing their job because of changes in global trade patterns, and which allows an increase in the rate of Union co-financing to 65 % of the programme costs, for applications submitted after the 31 December 2011 deadline, and calls on the Council to reintroduce this measure without delay;

| 16. | Approves the decision annexed to this resolution; |
| --- | --- |

16.

Approves the decision annexed to this resolution;

| 17. | Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

17.

Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union;

| 18. | Instructs its President to forward this resolution, including its annex, to the Council and the Commission. |
| --- | --- |

18.

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

---

(1)  OJ C 139, 14.6.2006, p. 1.

(2)  OJ L 406, 30.12.2006, p. 1.

(3)  Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1).

---

Tuesday 12 June 2012ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/020 ES/Comunidad Valenciana footwear from Spain)

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2012/354/EU.)

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/121 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/121

---

Tuesday 12 June 2012Draft Amending Budget No 2/ 2012: EU Solidarity Fund appropriations to address flooding in Italy (Liguria and Tuscany) in 2011

P7_TA(2012)0232

European Parliament resolution of 12 June 2012 on the Council position on Draft amending budget No 2/2012 of the European Union for the financial year 2012, Section III – European Commission (09916/2012 – C7-0123/2012 – 2012/2057(BUD))

2013/C 332 E/26

The European Parliament,

| — | having regard to the Treaty on the Functioning of the European Union and in particular Article 314 thereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union and in particular Article 314 thereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

| — | having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and in particular Articles 37 and 38 thereof, |
| --- | --- |

—

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and in particular Articles 37 and 38 thereof,

| — | having regard to the general budget of the European Union for the financial year 2012, as definitively adopted on 1 December 2011 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2012, as definitively adopted on 1 December 2011 (2),

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (3),

| — | having regard to Draft amending budget No 2/2012 of the European Union for the financial year 2012, which the Commission presented on 16 March 2012 (COM(2012)0125), |
| --- | --- |

—

having regard to Draft amending budget No 2/2012 of the European Union for the financial year 2012, which the Commission presented on 16 March 2012 (COM(2012)0125),

| — | having regard to the position adopted by the Council on 15 May 2012 on Draft amending budget No 2/2012 (09916/2012 – C7-0123/2012), |
| --- | --- |

—

having regard to the position adopted by the Council on 15 May 2012 on Draft amending budget No 2/2012 (09916/2012 – C7-0123/2012),

| — | having regard to Rules 75b and 75e of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 75b and 75e of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A7-0181/2012), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A7-0181/2012),

| A. | whereas Draft amending budget No 2/2012 relates to the mobilisation of the EU Solidarity Fund (EUSF) for an amount of EUR 18 061 682 in commitment and payment appropriations to mitigate the effects of flooding in Italy (Liguria and Tuscany) in October 2011, |
| --- | --- |

A.

whereas Draft amending budget No 2/2012 relates to the mobilisation of the EU Solidarity Fund (EUSF) for an amount of EUR 18 061 682 in commitment and payment appropriations to mitigate the effects of flooding in Italy (Liguria and Tuscany) in October 2011,

| B. | whereas the purpose of Draft amending budget No 2/2012 is to formally enter this budgetary adjustment into the 2012 budget, |
| --- | --- |

B.

whereas the purpose of Draft amending budget No 2/2012 is to formally enter this budgetary adjustment into the 2012 budget,

| C. | whereas Draft amending budget No 2/2012, as presented by the Commission, proposed an increase in the level of payment appropriations, in the absence of any source of possible redeployment of the required payment appropriations at this early stage in the year, |
| --- | --- |

C.

whereas Draft amending budget No 2/2012, as presented by the Commission, proposed an increase in the level of payment appropriations, in the absence of any source of possible redeployment of the required payment appropriations at this early stage in the year,

| D. | whereas Council amended Commission's proposal following the identification by the latter of possible sources for redeployments for the required amount, as presented in its transfer request DEC 9/2012, |
| --- | --- |

D.

whereas Council amended Commission's proposal following the identification by the latter of possible sources for redeployments for the required amount, as presented in its transfer request DEC 9/2012,

| 1. | Takes note of Draft amending budget No 2/2012, as presented by the Commission, and of the Council position thereon; |
| --- | --- |

1.

Takes note of Draft amending budget No 2/2012, as presented by the Commission, and of the Council position thereon;

| 2. | Considers of great importance the quick release of financial assistance through the EUSF for those affected by natural catastrophes, and therefore greatly deplores, for the specific case addressed by Draft amending budget No 2/2012, that the other branch of the budgetary authority has waited 8 weeks before adopting its position, sticking to its interpretation of Protocol 1 of the Treaty on the Functioning of the European Union (deadline for national parliaments' information); |
| --- | --- |

2.

Considers of great importance the quick release of financial assistance through the EUSF for those affected by natural catastrophes, and therefore greatly deplores, for the specific case addressed by Draft amending budget No 2/2012, that the other branch of the budgetary authority has waited 8 weeks before adopting its position, sticking to its interpretation of Protocol 1 of the Treaty on the Functioning of the European Union (deadline for national parliaments' information);

| 3. | Calls on all involved parties in the Member States, both at local and regional level, and national authorities to improve assessment of needs and the coordination for future potential applications to mobilise the EUSF with a view to accelerating, as much as possible, that mobilisation; |
| --- | --- |

3.

Calls on all involved parties in the Member States, both at local and regional level, and national authorities to improve assessment of needs and the coordination for future potential applications to mobilise the EUSF with a view to accelerating, as much as possible, that mobilisation;

| 4. | Approves the Council position on Draft amending budget No 2/2012; |
| --- | --- |

4.

Approves the Council position on Draft amending budget No 2/2012;

| 5. | Instructs its President to declare that Amending budget No 2/2012 has been definitively adopted and to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

5.

Instructs its President to declare that Amending budget No 2/2012 has been definitively adopted and to arrange for its publication in the Official Journal of the European Union;

| 6. | Instructs its President to forward this resolution to the Council, the Commission and the national parliaments. |
| --- | --- |

6.

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

---

(1)  OJ L 248, 16.9.2002, p. 1.

(2)  OJ L 56, 29.2.2012.

(3)  OJ C 139, 14.6.2006, p. 1.

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/122 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/122

---

Tuesday 12 June 2012Mobilisation of the EU Solidarity Fund - floods in Liguria and Tuscany

P7_TA(2012)0233

European Parliament resolution of 12 June 2012 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2012)0126 – C7-0078/2012 – 2012/2051(BUD))

2013/C 332 E/27

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0126 – C7-0078/2012), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0126 – C7-0078/2012),

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof, |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,

| — | having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2), |
| --- | --- |

—

having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),

| — | having regard to the Joint Declaration of the European Parliament, the Council and the Commission, adopted during the conciliation meeting on 17 July 2008 on the Solidarity Fund, |
| --- | --- |

—

having regard to the Joint Declaration of the European Parliament, the Council and the Commission, adopted during the conciliation meeting on 17 July 2008 on the Solidarity Fund,

| — | having regard to the letter of the Committee on Regional Development, |
| --- | --- |

—

having regard to the letter of the Committee on Regional Development,

| — | having regard to the report of the Committee on Budgets (A7-0182/2012), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A7-0182/2012),

| 1. | Approves the decision annexed to this resolution; |
| --- | --- |

1.

Approves the decision annexed to this resolution;

| 2. | Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

2.

Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union;

| 3. | Instructs its President to forward this resolution, including its annex, to the Council and the Commission. |
| --- | --- |

3.

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

---

(1)  OJ C 139, 14.6.2006, p. 1.

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

---

Tuesday 12 June 2012ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2012/366/EU.)

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/123 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/123

---

Tuesday 12 June 2012Mobilisation of the European Globalisation Adjustment Fund: EGF/2012/000 TA 2012 - Request for technical assistance at the initiative of the Commission

P7_TA(2012)0234

European Parliament resolution of 12 June 2012 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (EGF/2012/000 TA 2012 - Technical assistance at the initiative of the Commission) (COM(2012)0160 – C7-0091/2012 – 2012/2058(BUD))

2013/C 332 E/28

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0160 – C7-0091/2012), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0160 – C7-0091/2012),

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1) (IIA of 17 May 2006), and in particular point 28 thereof, |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1) (IIA of 17 May 2006), and in particular point 28 thereof,

| — | having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2) (EGF Regulation), |
| --- | --- |

—

having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (2) (EGF Regulation),

| — | having regard to the trilogue procedure provided for in point 28 of the IIA of 17 May 2006, |
| --- | --- |

—

having regard to the trilogue procedure provided for in point 28 of the IIA of 17 May 2006,

| — | having regard to the letter of the Committee on Employment and Social Affairs, |
| --- | --- |

—

having regard to the letter of the Committee on Employment and Social Affairs,

| — | having regard to the report of the Committee on Budgets (A7-0187/2012), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A7-0187/2012),

| A. | whereas the European Union has set up the appropriate legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market, |
| --- | --- |

A.

whereas the European Union has set up the appropriate legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market,

| B. | whereas the Commission implements the Fund in accordance with the general rules laid down by Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) and the implementing rules applicable to this form of implementation of the budget, |
| --- | --- |

B.

whereas the Commission implements the Fund in accordance with the general rules laid down by Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) and the implementing rules applicable to this form of implementation of the budget,

| C. | whereas the Union's financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 17 May 2006 in respect of the adoption of decisions to mobilise the EGF, |
| --- | --- |

C.

whereas the Union's financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 17 May 2006 in respect of the adoption of decisions to mobilise the EGF,

| D. | whereas up to 0,35 % of the annual EGF amount can be made available each year for technical assistance at the initiative of the Commission, in order to finance monitoring, information, administrative and technical support, as well as audit, control and evaluation activities necessary to implement the EGF Regulation, as stipulated in Article 8(1) of that Regulation, including the provision of information and guidance for the Member States in using, monitoring and evaluating the EGF and providing information on using the EGF to the European and national social partners (Article 8(4) of the EGF Regulation), |
| --- | --- |

D.

whereas up to 0,35 % of the annual EGF amount can be made available each year for technical assistance at the initiative of the Commission, in order to finance monitoring, information, administrative and technical support, as well as audit, control and evaluation activities necessary to implement the EGF Regulation, as stipulated in Article 8(1) of that Regulation, including the provision of information and guidance for the Member States in using, monitoring and evaluating the EGF and providing information on using the EGF to the European and national social partners (Article 8(4) of the EGF Regulation),

| E. | whereas, in accordance with Article 9(2), 'Information and publicity', of the EGF Regulation, the Commission is obliged to set up an internet site, available in all Union languages, to provide and disseminate information on applications, highlighting the role of the budgetary authority, |
| --- | --- |

E.

whereas, in accordance with Article 9(2), 'Information and publicity', of the EGF Regulation, the Commission is obliged to set up an internet site, available in all Union languages, to provide and disseminate information on applications, highlighting the role of the budgetary authority,

| F. | whereas, on the basis of those articles, the Commission requested that the EGF be mobilised in order to monitor applications received and paid and measures proposed and implemented, to expand the website, produce publications and audio-visual tools, to create a knowledge base, to provide administrative and technical support to Member States, and to prepare for the final evaluation of the EGF, |
| --- | --- |

F.

whereas, on the basis of those articles, the Commission requested that the EGF be mobilised in order to monitor applications received and paid and measures proposed and implemented, to expand the website, produce publications and audio-visual tools, to create a knowledge base, to provide administrative and technical support to Member States, and to prepare for the final evaluation of the EGF,

| G. | whereas the application fulfils the eligibility criteria laid down by the EGF Regulation, |
| --- | --- |

G.

whereas the application fulfils the eligibility criteria laid down by the EGF Regulation,

| 1. | Agrees with the measures proposed by the Commission to be financed as technical assistance in accordance with Article 8(1) and (4) as well as with Article 9(2) of the EGF Regulation; |
| --- | --- |

1.

Agrees with the measures proposed by the Commission to be financed as technical assistance in accordance with Article 8(1) and (4) as well as with Article 9(2) of the EGF Regulation;

| 2. | Notes that the Commission will start to prepare the final evaluation of the EGF; regrets, however, that the results will arrive too late to feed into the discussion on the new regulation for the EGF in 2014-2020, especially regarding the effectiveness of the use of the crisis derogation criterion, since the concerned EGF cases were not analysed in the EGF mid-term evaluation report; |
| --- | --- |

2.

Notes that the Commission will start to prepare the final evaluation of the EGF; regrets, however, that the results will arrive too late to feed into the discussion on the new regulation for the EGF in 2014-2020, especially regarding the effectiveness of the use of the crisis derogation criterion, since the concerned EGF cases were not analysed in the EGF mid-term evaluation report;

| 3. | Believes that other savings could be made with regard to the administrative and technical support requested by the Commission; |
| --- | --- |

3.

Believes that other savings could be made with regard to the administrative and technical support requested by the Commission;

| 4. | Interrogates the Commission on the impact and efficiency of the information tools funded by technical assistance in previous years; asks for reliable data on the use of those tools; |
| --- | --- |

4.

Interrogates the Commission on the impact and efficiency of the information tools funded by technical assistance in previous years; asks for reliable data on the use of those tools;

| 5. | Notes that the Commission will continue to work on the standardised procedures for simplified applications, faster processing of the applications and better reporting; asks the Commission to present the progress made following the use of technical assistance in 2011; recalls the need to shorten the application procedures; |
| --- | --- |

5.

Notes that the Commission will continue to work on the standardised procedures for simplified applications, faster processing of the applications and better reporting; asks the Commission to present the progress made following the use of technical assistance in 2011; recalls the need to shorten the application procedures;

| 6. | Recalls the importance of networking and exchange of information on the EGF; supports, therefore, the funding of the Expert Group of Contact Persons of the EGF; underlines further the importance to liaise all those involved in EGF applications, including the social partners, to create as many synergies as possible; |
| --- | --- |

6.

Recalls the importance of networking and exchange of information on the EGF; supports, therefore, the funding of the Expert Group of Contact Persons of the EGF; underlines further the importance to liaise all those involved in EGF applications, including the social partners, to create as many synergies as possible;

| 7. | Encourages the Member States to profit from the exchange of best practices and to learn particularly from those Member States that have already put in place national information networks on the EGF involving the social partners and stakeholders at local level with a view to having a good structure for assistance in place once mass redundancies might occur; |
| --- | --- |

7.

Encourages the Member States to profit from the exchange of best practices and to learn particularly from those Member States that have already put in place national information networks on the EGF involving the social partners and stakeholders at local level with a view to having a good structure for assistance in place once mass redundancies might occur;

| 8. | Requests the institutions involved to make the necessary efforts to improve procedural and budgetary arrangements in order to accelerate the mobilisation of the EGF; appreciates, in this sense, the improved procedure put in place by the Commission, following Parliament's request to accelerate the release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be made within the framework of the upcoming review of the EGF and that greater efficiency, transparency and visibility of the EGF will be achieved; |
| --- | --- |

8.

Requests the institutions involved to make the necessary efforts to improve procedural and budgetary arrangements in order to accelerate the mobilisation of the EGF; appreciates, in this sense, the improved procedure put in place by the Commission, following Parliament's request to accelerate the release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be made within the framework of the upcoming review of the EGF and that greater efficiency, transparency and visibility of the EGF will be achieved;

| 9. | Welcomes the fact that following repeated requests from Parliament, the 2012 budget shows payment appropriations of EUR 50 000 000 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that it therefore deserves a dedicated allocation, which will avoid there being transfers from other budget lines, as happened in the past, which could be detrimental to the achievement of the policy objectives of the EGF; |
| --- | --- |

9.

Welcomes the fact that following repeated requests from Parliament, the 2012 budget shows payment appropriations of EUR 50 000 000 on the EGF budget line 04 05 01; recalls that the EGF was created as a separate specific instrument with its own objectives and deadlines and that it therefore deserves a dedicated allocation, which will avoid there being transfers from other budget lines, as happened in the past, which could be detrimental to the achievement of the policy objectives of the EGF;

| 10. | Regrets the decision of the Council to block the extension of the "crisis derogation", which allows provision of financial assistance to workers made redundant as a result of the current financial and economic crisis in addition to those losing their job because of changes in global trade patterns, and which allows an increase in the rate of Union co-financing to 65 % of the programme costs, for applications submitted after the 31 December 2011 deadline, and calls on the Council to reintroduce this measure without delay; |
| --- | --- |

10.

Regrets the decision of the Council to block the extension of the "crisis derogation", which allows provision of financial assistance to workers made redundant as a result of the current financial and economic crisis in addition to those losing their job because of changes in global trade patterns, and which allows an increase in the rate of Union co-financing to 65 % of the programme costs, for applications submitted after the 31 December 2011 deadline, and calls on the Council to reintroduce this measure without delay;

| 11. | Approves the decision annexed to this resolution; |
| --- | --- |

11.

Approves the decision annexed to this resolution;

| 12. | Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

12.

Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union;

| 13. | Instructs its President to forward this resolution, including its annex, to the Council and the Commission. |
| --- | --- |

13.

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

---

(1)  OJ C 139, 14.6.2006, p. 1.

(2)  OJ L 406, 30.12.2006, p. 1.

(3)  OJ L 248, 16.9.2002, p. 1.

---

Tuesday 12 June 2012ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (EGF/2012/000 TA 2012 - Technical assistance at the initiative of the Commission)

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2012/408/EU.)

---

Wednesday 13 June 2012

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/127 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/127

---

Wednesday 13 June 2012Nomination of a member of the Court of Auditors (Iliana Ivanova - Bulgaria)

P7_TA(2012)0239

European Parliament decision of 13 June 2012 on the nomination of Iliana Ivanova as a Member of the Court of Auditors (C7-0111/2012 – 2012/0803(NLE))

2013/C 332 E/29

(Consultation)

The European Parliament,

| — | having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0111/2012), |
| --- | --- |

—

having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0111/2012),

| — | having regard to Rule 108 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 108 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgetary Control (A7-0188/2012), |
| --- | --- |

—

having regard to the report of the Committee on Budgetary Control (A7-0188/2012),

| A. | whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union; |
| --- | --- |

A.

whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;

| B. | whereas at its meeting of 4 June 2012 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors; |
| --- | --- |

B.

whereas at its meeting of 4 June 2012 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;

| 1. | Delivers a favourable opinion on the Council’s nomination of Iliana Ivanova as a Member of the Court of Auditors; |
| --- | --- |

1.

Delivers a favourable opinion on the Council’s nomination of Iliana Ivanova as a Member of the Court of Auditors;

| 2. | Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. |
| --- | --- |

2.

Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/127 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/127

---

Wednesday 13 June 2012Scheme of generalised tariff preferences ***I

P7_TA(2012)0241

European Parliament legislative resolution of 13 June 2012 on the proposal for a regulation of the European Parliament and of the Council applying a scheme of generalised tariff preferences (COM(2011)0241 – C7-0116/2011 – 2011/0117(COD))

2013/C 332 E/30

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0241), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0241),

| — | having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0116/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0116/2011),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the undertaking given by the Council representative by letter of 6 June 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 6 June 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 International Trade and the opinion of the Committee on Development (A7-0054/2012), |
| --- | --- |

—

having regard to the report of the Committee on International Trade and the opinion of the Committee on Development (A7-0054/2012),

| 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.

---

Wednesday 13 June 2012P7_TC1-COD(2011)0117

Position of the European Parliament adopted at first reading on 13 June 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 978/2012.)

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/128 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/128

---

Wednesday 13 June 2012Economic and budgetary surveillance of Member States with serious difficulties with respect to their financial stability in the euro area ***I

P7_TA(2012)0242

Amendments adopted by the European Parliament on 13 June 2012 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)) (1)

2013/C 332 E/31

(Ordinary legislative procedure: first reading)

| TEXT PROPOSED BY THE COMMISSION | AMENDMENT |
| --- | --- |
| Amendment 1 |
| Proposal for a regulation


  Recital 1 |
| (1) | The unprecedented global crisis that has hit the world
  over the last three years
  has seriously damaged economic growth and financial stability and provoked a strong deterioration in the government deficit and debt position of the Member States, leading a number of them to seek financial assistance outside the framework of the Union. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENT

Amendment 1

Proposal for a regulation

Recital 1

(1)

The unprecedented global crisis that has hit the world
  over the last three years
  has seriously damaged economic growth and financial stability and provoked a strong deterioration in the government deficit and debt position of the Member States, leading a number of them to seek financial assistance outside the framework of the Union.

| (1) | The unprecedented global crisis that has hit the world
  since 2007
  has seriously damaged economic growth and financial stability and provoked a strong deterioration in the government deficit and debt position of the Member States, leading a number of them to seek financial assistance outside
  and within
  the framework of the Union. |
| --- | --- |

(1)

The unprecedented global crisis that has hit the world
  since 2007
  has seriously damaged economic growth and financial stability and provoked a strong deterioration in the government deficit and debt position of the Member States, leading a number of them to seek financial assistance outside
  and within
  the framework of the Union.

Amendment 2

Proposal for a regulation

Recital 1 a (new)

| (1a) | Article 9 of the Treaty on the Functioning of the European Union (TFEU) provides that, in defining and implementing its policies and actions, the Union is to take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health. |
| --- | --- |

(1a)

Article 9 of the Treaty on the Functioning of the European Union (TFEU) provides that, in defining and implementing its policies and actions, the Union is to take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.

Amendment 3

Proposal for a regulation

Recital 2

| (2) | The full consistency between the Union multilateral surveillance framework established by the Treaty and the possible policy conditions attached to this financial assistance should be enshrined in Union law. The economic and financial integration of
  the
  Member States whose currency is the euro calls for
  a reinforced
  surveillance to prevent a contagion from a Member State experiencing difficulties with respect to its financial stability to the rest of the euro area. |
| --- | --- |

(2)

The full consistency between the Union multilateral surveillance framework established by the Treaty and the possible policy conditions attached to this financial assistance should be enshrined in Union law. The economic and financial integration of
  the
  Member States whose currency is the euro calls for
  a reinforced
  surveillance to prevent a contagion from a Member State experiencing difficulties with respect to its financial stability to the rest of the euro area.

| (2) | The full consistency between the Union multilateral surveillance framework established by the Treaty and the possible policy conditions attached to this financial assistance should be enshrined in Union law. The economic and financial integration of
  all
  Member States
  , in particular those
  whose currency is the euro
  ,
  calls for
  enhanced
  surveillance to prevent contagion from a Member State experiencing difficulties with respect to its financial stability to the rest of the euro area
  and, more broadly, to the Union as a whole
  . |
| --- | --- |

(2)

The full consistency between the Union multilateral surveillance framework established by the Treaty and the possible policy conditions attached to this financial assistance should be enshrined in Union law. The economic and financial integration of
  all
  Member States
  , in particular those
  whose currency is the euro
  ,
  calls for
  enhanced
  surveillance to prevent contagion from a Member State experiencing difficulties with respect to its financial stability to the rest of the euro area
  and, more broadly, to the Union as a whole
  .

Amendment 4

Proposal for a regulation

Recital 3

| (3) | The intensity of the economic and fiscal surveillance should be commensurate to the severity of the financial difficulties encountered and should take due account of the nature of the financial assistance received, which may range from a mere precautionary support based on eligibility conditions up to a full macro-economic adjustment programme involving strict policy conditionality. |
| --- | --- |

(3)

The intensity of the economic and fiscal surveillance should be commensurate to the severity of the financial difficulties encountered and should take due account of the nature of the financial assistance received, which may range from a mere precautionary support based on eligibility conditions up to a full macro-economic adjustment programme involving strict policy conditionality.

| (3) | The intensity of the economic and fiscal surveillance should be commensurate
  with and proportionate
  to the severity of the financial difficulties encountered and should take due account of the nature of the financial assistance received, which may range from a mere precautionary support based on eligibility conditions up to a full macroeconomic adjustment programme involving strict policy conditionality.
  Any macroeconomic adjustment programme should take into account the national reform programme of the Member State concerned in the context of the Union strategy for growth and jobs. |
| --- | --- |

(3)

The intensity of the economic and fiscal surveillance should be commensurate
  with and proportionate
  to the severity of the financial difficulties encountered and should take due account of the nature of the financial assistance received, which may range from a mere precautionary support based on eligibility conditions up to a full macroeconomic adjustment programme involving strict policy conditionality.
  Any macroeconomic adjustment programme should take into account the national reform programme of the Member State concerned in the context of the Union strategy for growth and jobs.

Amendment 5

Proposal for a regulation

Recital 4

| (4) | A Member State whose currency is the euro should be subject to enhanced surveillance when it is experiencing - or at risk of experiencing - severe financial disturbance, with a view to ensuring its swift return to a normal situation and to protecting the other euro area Member States against possible negative spill over effects. This enhanced surveillance should include a wider access to the information needed for a close monitoring of the economic, fiscal and financial situation and a regular reporting to the Economic and Financial Committee (EFC) or to any sub-committee the latter may designate for that purpose. The same modalities of surveillance should apply to Member States requesting precautionary assistance from the European Financial Stability Facility (EFSF), the European Stability Mechanism (ESM) the International Monetary Fund (IMF) or another international financial institution. |
| --- | --- |

(4)

A Member State whose currency is the euro should be subject to enhanced surveillance when it is experiencing - or at risk of experiencing - severe financial disturbance, with a view to ensuring its swift return to a normal situation and to protecting the other euro area Member States against possible negative spill over effects. This enhanced surveillance should include a wider access to the information needed for a close monitoring of the economic, fiscal and financial situation and a regular reporting to the Economic and Financial Committee (EFC) or to any sub-committee the latter may designate for that purpose. The same modalities of surveillance should apply to Member States requesting precautionary assistance from the European Financial Stability Facility (EFSF), the European Stability Mechanism (ESM) the International Monetary Fund (IMF) or another international financial institution.

| (4) | A Member State whose currency is the euro should be subject to enhanced surveillance when it is experiencing - or at risk of experiencing - severe financial disturbance, with a view to ensuring its swift return to a normal situation and to protecting the other euro area Member States against possible negative spill over effects. This enhanced surveillance should
  be proportionate to the seriousness of the problems and should be graduated accordingly. It should
  include a wider access to the information needed for a close monitoring of the economic, fiscal and financial situation and a regular reporting to the
  competent committee of the European Parliament and to the
  Economic and Financial Committee (EFC) or to any sub-committee the latter may designate for that purpose. The same modalities of surveillance should apply to Member States requesting precautionary assistance from the European Financial Stability Facility (EFSF), the European Stability Mechanism (ESM) the International Monetary Fund (IMF) or another international financial institution. |
| --- | --- |

(4)

A Member State whose currency is the euro should be subject to enhanced surveillance when it is experiencing - or at risk of experiencing - severe financial disturbance, with a view to ensuring its swift return to a normal situation and to protecting the other euro area Member States against possible negative spill over effects. This enhanced surveillance should
  be proportionate to the seriousness of the problems and should be graduated accordingly. It should
  include a wider access to the information needed for a close monitoring of the economic, fiscal and financial situation and a regular reporting to the
  competent committee of the European Parliament and to the
  Economic and Financial Committee (EFC) or to any sub-committee the latter may designate for that purpose. The same modalities of surveillance should apply to Member States requesting precautionary assistance from the European Financial Stability Facility (EFSF), the European Stability Mechanism (ESM) the International Monetary Fund (IMF) or another international financial institution.

Amendment 6

Proposal for a regulation

Recital 4 a (new)

| (4a) | A Member State subject to enhanced surveillance should also adopt measures aimed at addressing the sources or potential sources of its difficulties. To that end, all recommendations addressed to it in the course of an excessive deficit procedure or an excessive macroeconomic imbalance procedure should be taken into account. |
| --- | --- |

(4a)

A Member State subject to enhanced surveillance should also adopt measures aimed at addressing the sources or potential sources of its difficulties. To that end, all recommendations addressed to it in the course of an excessive deficit procedure or an excessive macroeconomic imbalance procedure should be taken into account.

Amendment 7

Proposal for a regulation

Recital 5

| (5) | The surveillance of the economic and fiscal situation should be strongly reinforced for Member States under macro-economic adjustment programme. Because of the comprehensive nature of the latter, the other processes of economic and fiscal surveillance should be suspended for the duration of the macro-economic adjustment programme, with a view to avoiding a duplication of reporting obligations. |
| --- | --- |

(5)

The surveillance of the economic and fiscal situation should be strongly reinforced for Member States under macro-economic adjustment programme. Because of the comprehensive nature of the latter, the other processes of economic and fiscal surveillance should be suspended for the duration of the macro-economic adjustment programme, with a view to avoiding a duplication of reporting obligations.

| (5) | The surveillance of the economic and fiscal situation should be strongly reinforced for Member States under macroeconomic adjustment programme. Because of the comprehensive nature of the latter, the other processes of economic and fiscal surveillance should be suspended
  or, where appropriate, streamlined
  for the duration of the macroeconomic adjustment programme, with a view to
  ensuring consistency of economic policy surveillance and
  avoiding a duplication of reporting obligations.
  However, when preparing the macroeconomic adjustment programme, all recommendations addressed to the Member State in the course of an excessive deficit procedure or an excessive macroeconomic imbalance procedure should be taken into account. |
| --- | --- |

(5)

The surveillance of the economic and fiscal situation should be strongly reinforced for Member States under macroeconomic adjustment programme. Because of the comprehensive nature of the latter, the other processes of economic and fiscal surveillance should be suspended
  or, where appropriate, streamlined
  for the duration of the macroeconomic adjustment programme, with a view to
  ensuring consistency of economic policy surveillance and
  avoiding a duplication of reporting obligations.
  However, when preparing the macroeconomic adjustment programme, all recommendations addressed to the Member State in the course of an excessive deficit procedure or an excessive macroeconomic imbalance procedure should be taken into account.

Amendment 8

Proposal for a regulation

Recital 5 a (new)

| (5a) | According to the case-law of the Court of Justice of the European Union (2), the free movement of capital, as a fundamental principle of the TFEU, can be limited by national regulation where justified on grounds of public security. Grounds of public security can include the fight against tax evasion, in particular for Member States experiencing or threatened with serious difficulties with respect to their financial stability in the euro area. |
| --- | --- |

(5a)

According to the case-law of the Court of Justice of the European Union (2), the free movement of capital, as a fundamental principle of the TFEU, can be limited by national regulation where justified on grounds of public security. Grounds of public security can include the fight against tax evasion, in particular for Member States experiencing or threatened with serious difficulties with respect to their financial stability in the euro area.

Amendment 9

Proposal for a regulation

Recital 5 b (new)

| (5b) | Such tax evasion represents a shortfall in revenue, which can be equal or even superior to the amount of the financial assistance from one or several Member States, the IMF, the EFSF, the EFSM or the ESM, and first and foremost results from the faulty implementation of the national tax policy. |
| --- | --- |

(5b)

Such tax evasion represents a shortfall in revenue, which can be equal or even superior to the amount of the financial assistance from one or several Member States, the IMF, the EFSF, the EFSM or the ESM, and first and foremost results from the faulty implementation of the national tax policy.

Amendment 10

Proposal for a regulation

Recital 5 c (new)

| (5c) | Upon a proposal by the Commission and after consulting the European Central Bank, the Council can authorise restrictions concerning third countries responsible for movements of capital serious difficulties for the operation of the economic and monetary union, in accordance with Article 66 TFEU. |
| --- | --- |

(5c)

Upon a proposal by the Commission and after consulting the European Central Bank, the Council can authorise restrictions concerning third countries responsible for movements of capital serious difficulties for the operation of the economic and monetary union, in accordance with Article 66 TFEU.

Amendment 11

Proposal for a regulation

Recital 6 a (new)

| (6a) | Member States should involve, in accordance with current national rules and practices, the social partners and civil society organisations in the preparation, implementation, monitoring and evaluation of technical assistance programmes. |
| --- | --- |

(6a)

Member States should involve, in accordance with current national rules and practices, the social partners and civil society organisations in the preparation, implementation, monitoring and evaluation of technical assistance programmes.

Amendment 12

Proposal for a regulation

Recital 7

| (7) | A decision regarding the non-compliance of a Member State with its adjustment programme would also entail a suspension of payments or commitments of Union funds as provided by Article 21(6) of Regulation (EU) No XXX laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the common strategic framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/2006, |
| --- | --- |

(7)

A decision regarding the non-compliance of a Member State with its adjustment programme would also entail a suspension of payments or commitments of Union funds as provided by Article 21(6) of Regulation (EU) No XXX laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the common strategic framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1083/2006,

deleted

Amendment 13

Proposal for a regulation

Recital 7 a (new)

| (7a) | There may be circumstances where protecting a Member State from market volatility offers a better long-term outcome in relation to stabilising that Member State's economic situation and its ability to honour its debt. In such instances a Member State could temporarily be put under legal protection, on the basis of a decision by the Commission. The Council should be able to repeal such a Commission decision by the appropriate majority. |
| --- | --- |

(7a)

There may be circumstances where protecting a Member State from market volatility offers a better long-term outcome in relation to stabilising that Member State's economic situation and its ability to honour its debt. In such instances a Member State could temporarily be put under legal protection, on the basis of a decision by the Commission. The Council should be able to repeal such a Commission decision by the appropriate majority.

Amendment 14

Proposal for a regulation

Recital 7 b (new)

| (7b) | References to financial assistance in this Regulation should also cover financial support granted on a precautionary basis, unless provided otherwise. |
| --- | --- |

(7b)

References to financial assistance in this Regulation should also cover financial support granted on a precautionary basis, unless provided otherwise.

Amendment 15

Proposal for a regulation

Recital 7 c (new)

| (7c) | The decision of the Commission to subject a Member State to enhanced surveillance under this Regulation should be taken in close cooperation with the EFC, the European Systemic Risk Board and the relevant European supervisory authorities. The Commission should also cooperate with the EFC when deciding on whether to prolong enhanced surveillance, |
| --- | --- |

(7c)

The decision of the Commission to subject a Member State to enhanced surveillance under this Regulation should be taken in close cooperation with the EFC, the European Systemic Risk Board and the relevant European supervisory authorities. The Commission should also cooperate with the EFC when deciding on whether to prolong enhanced surveillance,

Amendment 16

Proposal for a regulation

Article 1 – paragraph 1

1.   This Regulation sets out provisions for strengthening the economic and budgetary surveillance of Member States
  experiencing or
  threatened with serious difficulties with respect to their financial stability and/or
  that
  receive
  or may receive
  financial assistance from one or several other States, the European Financial Stability Facility (EFSF), the European Financial Stability Mechanism (EFSM), the European Stability Mechanism (ESM) or other International Financial Institutions (IFI), such as the International Monetary Fund (IMF).

1.   This Regulation sets out provisions for strengthening the economic and budgetary surveillance of Member States
  whose currency is the euro and which:

| — | experience or are
  threatened with serious difficulties with respect to their financial stability and/or
  the sustainability of their public finances, leading to potential negative spill-over effects on other Member States of the euro area; and/or |
| --- | --- |

—

experience or are
  threatened with serious difficulties with respect to their financial stability and/or
  the sustainability of their public finances, leading to potential negative spill-over effects on other Member States of the euro area; and/or

| — | request
  or receive financial assistance from one or several other Member States, the European Financial Stability Facility (EFSF), the European Financial Stability Mechanism (EFSM), the European Stability Mechanism (ESM) or other international financial institutions such as the International Monetary Fund (IMF). |
| --- | --- |

—

request
  or receive financial assistance from one or several other Member States, the European Financial Stability Facility (EFSF), the European Financial Stability Mechanism (EFSM), the European Stability Mechanism (ESM) or other international financial institutions such as the International Monetary Fund (IMF).

Amendment 17

Proposal for a regulation

Article 1 – paragraph 1 a (new)

1a.
     
  This Regulation sets out provisions for enhanced national budgetary rules and economic policy coordination.

Amendment 19

Proposal for a regulation

Article 1 – paragraph 2 a (new)

2a.
     
  In applying this Regulation, the Commission, the Council and the Member States shall fully observe Article 152 TFEU and the recommendations adopted under this Regulation shall respect national practices and institutions for wage formation. In applying this Regulation and the recommendations adopted hereunder, the Commission, the Council and the Member States shall take into account Article 28 of the Charter of Fundamental Rights of the European Union, and, accordingly, their application does not affect the right to negotiate, conclude and enforce collective agreements and to take collective action in accordance with national law and practices.

Amendment 18

Proposal for a regulation

Article 1 a (new)

Article 1a

Enhanced budgetary rules and economic coordination

1.
     
  With a view to coordinating better the planning of their national debt issuance, Member States shall report in advance on their public debt issuance plans to the Commission and to the Council.

2.
     
  With a view to benchmarking best practices and working towards a more closely coordinated economic policy, Member States shall ensure that all major economic policy reforms that they plan to undertake are discussed in advance and, where appropriate, shall coordinate those reforms with the other Member States.

3.
     
  In accordance with Regulation (EC) No 1466/97, Member States shall ensure that the budgetary position of the general government is balanced or in surplus over the medium term.

Amendment 20

Proposal for a regulation

Article 2 – paragraph 1

1.   The Commission may decide to make a Member State
  experiencing severe difficulties with regard to its financial stability
  subject to enhanced surveillance. The Member State concerned shall be given the possibility to express its views
  beforehand
  . The Commission shall decide every six months whether to prolong the enhanced surveillance.

1.   
  On the basis of the latest in-depth review in accordance with Article 5 of Regulation (EU) No 1176/2011, and taking into account additional objective criteria, including warnings by the European Systemic Risk Board (ESRB), as well as the reports referred to in Regulation (EU) No .../2012 of the European Parliament and of the Council of ... [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],
  the Commission may decide to make a Member State subject to enhanced surveillance.
  The Council may, within 10 days of such a decision, repeal it by qualified majority.
  The Member State concerned shall be given the possibility to express its views
  before the decision is taken
  . The Commission shall decide every six months whether to prolong the enhanced surveillance.

Amendment 21

Proposal for a regulation

Article 2 – paragraph 1 a (new)

1a.
     
  Where the Commission decides to make a Member State subject to enhanced surveillance under paragraph 1, it shall duly notify the ESRB and, where relevant, inform the Member State of the results of the enhanced surveillance.

Amendment 22

Proposal for a regulation

Article 2 – paragraph 2

2.   The Commission shall decide to make a Member State receiving a financial assistance on a precautionary basis from one or several other States, the EFSF, the ESM or any other International Financial Institution, such as the IMF, subject to enhanced surveillance. The Commission shall
  establish a list of the precautionary financial assistance instruments concerned and keep it updated to take into account possible changes in the financial support policy of the EFSF, ESM or of any other relevant International Financial Institution
  .

2.   The Commission shall decide to make a Member State
  requesting or
  receiving a financial assistance on a precautionary basis from one or several other States, the EFSF,
  the EFSM,
  the ESM or any other international financial institution such as the IMF, subject to enhanced surveillance.

The Commission shall
  make public its decisions taken in accordance with paragraphs 1 and 2.

Amendment 23

Proposal for a regulation

Article 2 – paragraph 3

3.   Paragraph 2 shall not apply to a Member State receiving a financial assistance on a precautionary basis in the form of a credit line which is not conditioned to the adoption of new policy measures by the concerned Member State, as long as the credit line is not drawn.

3.   
  The Commission may decide that
  paragraph 2 shall not apply to a Member State receiving a financial assistance on a precautionary basis in the form of a credit line which is not conditioned to the adoption of new policy measures by the concerned Member State, as long as the credit line is not drawn.

Amendment 24

Proposal for a regulation

Article 2 – paragraph 3 a (new)

3a.
     
  The Commission shall establish a list of the financial assistance instruments which can trigger the enhanced surveillance under paragraph 2 and shall keep that list updated.

Amendment 25

Proposal for a regulation

Article 3 – paragraph 1

1.   A Member State
  under
  enhanced surveillance shall, in consultation and cooperation with the Commission, acting in liaison with the European Central Bank (ECB), adopt measures aimed at addressing the sources or potential sources of difficulties.

1.   A Member State
  subject to
  enhanced surveillance shall, in consultation and cooperation with the Commission, acting in liaison with the European Central Bank (ECB),
  the European Supervisory Authority (European Banking Authority) established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council (3), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) established by Regulation (EU) No 1094/2010 of the European Parliament and of the Council (4) and the European Supervisory Authority (European Securities and Markets Authority) established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council (5) (collectively referred to as 'the ESAs'), the ESRB and, where appropriate, the IMF,
  adopt measures aimed at addressing the sources or potential sources of difficulties
  , taking into account any recommendations addressed to them under Regulations (EC) No 1466/97, (EC) 1467/97 or (EU) 1176/2011 concerning their national reform programmes and their stability or convergence programmes
  .
  The Eurogroup Working Group, the EFC, the relevant committee of the European Parliament and the parliament of the Member State concerned shall be informed of those measures
  .

Amendment 26

Proposal for a regulation

Article 3 – paragraph 1 a (new)

1a.
     
  The Commission shall examine potential negative spill-over effects generated by other Member States including in the field of taxation. Where the Commission has identified such negative spill-over effects, the Council, on a recommendation from the Commission, shall address, in accordance with the procedure laid down in Article 121(2) TFEU the necessary recommendations to the Member States generating the negative spill-over effects.

Amendment 27

Proposal for a regulation

Article 3 – paragraph 3 – introductory part

3.   On a request from the Commission, the Member State under enhanced surveillance shall:

3.   On a request from the Commission, a Member State under enhanced surveillance
  pursuant to Article 2(1)
  shall:

Amendment 28

Proposal for a regulation

Article 3 – paragraph 3 – point a

| (a) | communicate to the
  Commission, the ECB and the European Banking Authority (EBA)
  at the requested frequency disaggregated information on
  the
  financial
  situation
  of the financial
  institutions which are under the surveillance of its national supervisors
  ; |
| --- | --- |

(a)

communicate to the
  Commission, the ECB and the European Banking Authority (EBA)
  at the requested frequency disaggregated information on
  the
  financial
  situation
  of the financial
  institutions which are under the surveillance of its national supervisors
  ;

| (a) | communicate to the
  relevant ESAs, in accordance with Article 35 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010,
  at the requested frequency
  ,
  disaggregated information on
  developments in its
  financial
  system, including an analysis of the results of the stress test exercises and sensitivity analyses carried out under point (b). On the basis of the conclusions drawn from the underlying indicators of the scoreboard for macroeconomic imbalances, the relevant ESAs shall prepare, in liaison with the ESRB, an assessment of the potential vulnerabilities
  of the financial
  system and submit that assessment to the Commission at the frequency indicated by the latter and to the ECB
  ; |
| --- | --- |

(a)

communicate to the
  relevant ESAs, in accordance with Article 35 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010,
  at the requested frequency
  ,
  disaggregated information on
  developments in its
  financial
  system, including an analysis of the results of the stress test exercises and sensitivity analyses carried out under point (b). On the basis of the conclusions drawn from the underlying indicators of the scoreboard for macroeconomic imbalances, the relevant ESAs shall prepare, in liaison with the ESRB, an assessment of the potential vulnerabilities
  of the financial
  system and submit that assessment to the Commission at the frequency indicated by the latter and to the ECB
  ;

Amendment 29

Proposal for a regulation

Article 3 – paragraph 3 – point b

| (b) | carry out, under the supervision of the
  European Banking Authority
  , stress test exercises or sensitivity analyses as necessary to assess the resilience of the
  banking
  sector to various macroeconomic and financial shocks, as specified by the Commission and the ECB
  , and share the detailed results with them
  ; |
| --- | --- |

(b)

carry out, under the supervision of the
  European Banking Authority
  , stress test exercises or sensitivity analyses as necessary to assess the resilience of the
  banking
  sector to various macroeconomic and financial shocks, as specified by the Commission and the ECB
  , and share the detailed results with them
  ;

| (b) | carry out, under the supervision of the
  relevant ESAs
  , stress test exercises or sensitivity analyses as necessary to assess the resilience of the
  financial
  sector to various macroeconomic and financial shocks, as specified by the Commission and the ECB
  in liaison with the relevant ESAs and the ESRB
  ; |
| --- | --- |

(b)

carry out, under the supervision of the
  relevant ESAs
  , stress test exercises or sensitivity analyses as necessary to assess the resilience of the
  financial
  sector to various macroeconomic and financial shocks, as specified by the Commission and the ECB
  in liaison with the relevant ESAs and the ESRB
  ;

Amendment 30

Proposal for a regulation

Article 3 – paragraph 3 – point c

| (c) | be subject to regular assessments of its supervisory capacities over the
  banking
  sector in the framework of specific peer review carried out by the
  EBA
  ; |
| --- | --- |

(c)

be subject to regular assessments of its supervisory capacities over the
  banking
  sector in the framework of specific peer review carried out by the
  EBA
  ;

| (c) | be subject to regular assessments of its supervisory capacities over the
  financial
  sector in the framework of
  a
  specific peer review carried out by the
  relevant ESAs; |
| --- | --- |

(c)

be subject to regular assessments of its supervisory capacities over the
  financial
  sector in the framework of
  a
  specific peer review carried out by the
  relevant ESAs;

Amendment 31

Proposal for a regulation

Article 3 – paragraph 3 – point d

| (d) | communicate any information needed for the monitoring of macro-imbalances established by
  Regulation No
  XXX of the European Parliament and of the Council on the prevention and correction of macroeconomic imbalances. |
| --- | --- |

(d)

communicate any information needed for the monitoring of macro-imbalances established by
  Regulation No
  XXX of the European Parliament and of the Council on the prevention and correction of macroeconomic imbalances.

| (d) | communicate any information needed for the monitoring of macroeconomic imbalances in accordance with
  Regulation (EU) No
  1176/2011
  . |
| --- | --- |

(d)

communicate any information needed for the monitoring of macroeconomic imbalances in accordance with
  Regulation (EU) No
  1176/2011
  .

Amendment 32

Proposal for a regulation

Article 3 – paragraph 3 a (new)

3a.
     
  On a request from the Commission, a Member State under enhanced surveillance pursuant to Article 2(2) shall:

| (a) | communicate to the Commission, the ECB, and the relevant ESAs, in accordance with Article 35 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010, at the requested frequency disaggregated information on developments in its financial system, including an analysis of the results of the stress test exercises and sensitivity analyses carried out under point (b). The Commission, the ECB, and the relevant ESAs shall keep that disaggregated data confidential; |
| --- | --- |

(a)

communicate to the Commission, the ECB, and the relevant ESAs, in accordance with Article 35 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010, at the requested frequency disaggregated information on developments in its financial system, including an analysis of the results of the stress test exercises and sensitivity analyses carried out under point (b). The Commission, the ECB, and the relevant ESAs shall keep that disaggregated data confidential;

| (b) | carry out, under the supervision of the relevant ESAs, stress test exercises or sensitivity analyses as necessary to assess the resilience of the financial sector to various macroeconomic and financial shocks, as specified by the Commission and the ECB in liaison with the relevant ESAs and the ESRB; |
| --- | --- |

(b)

carry out, under the supervision of the relevant ESAs, stress test exercises or sensitivity analyses as necessary to assess the resilience of the financial sector to various macroeconomic and financial shocks, as specified by the Commission and the ECB in liaison with the relevant ESAs and the ESRB;

| (c) | be subject to regular assessments of its supervisory capacities over the financial sector in the framework of a specific peer review carried out by the relevant ESAs; |
| --- | --- |

(c)

be subject to regular assessments of its supervisory capacities over the financial sector in the framework of a specific peer review carried out by the relevant ESAs;

| (d) | communicate any information needed for the monitoring of macroeconomic imbalances established by Regulation (EU) No 1176/2011. |
| --- | --- |

(d)

communicate any information needed for the monitoring of macroeconomic imbalances established by Regulation (EU) No 1176/2011.

Member States receiving financial support for the recapitalisation of their financial institutions shall, in addition, report on the conditions imposed on those financial institutions, including as regards executive remuneration and credit conditions applicable in the real economy.

Amendment 33

Proposal for a regulation

Article 3 – paragraph 4

4.   The Commission shall conduct, in liaison with the ECB, regular review missions in the Member State under surveillance to verify the progresses made in the implementation of the measures mentioned in
  paragraph 1, 2 and 3
  . It shall communicate every quarter its findings to the Economic and Financial Committee (EFC)

  - or to any subcommittee the latter may designate for that purpose -
  and assess notably whether further measures are needed. These review missions shall replace the onsite monitoring foreseen in Article 10a(2) of Regulation (EC) No 1467/97.

4.   The Commission shall conduct, in liaison with the ECB
  and the relevant ESAs and, where appropriate, the IMF
  , regular review missions in the Member State under
  enhanced
  surveillance to verify the progresses made in the implementation of the measures mentioned in
  paragraphs 1, 2, 3 and 3a
  . It shall communicate every quarter its findings to the EFC
  and to the competent committee of the European Parliament
  and assess, in particular, whether further measures are needed. These review missions shall replace the on-site monitoring provided for in Article 10a(2) of Regulation (EC) No 1467/97.

Amendment 34

Proposal for a regulation

Article 3 – paragraph 5

5.   Where it is
  concluded
  - on the basis of the
  assessment foreseen in paragraph 4 - that further measures are needed and the financial situation of the Member State concerned
  has significant adverse effects on
  the financial stability of the euro area, the Council, acting by qualified majority on a proposal from the Commission, may recommend to the Member State concerned to seek financial assistance and to prepare a macro-economic adjustment programme. The Council may decide to make
  this recommendation
  public.

5.   Where it is
  assessed
  - on the basis of the
  review missions provided for in paragraph 4 - that further measures are needed and the financial
  and economic
  situation of the Member State concerned
  presents a risk to
  the financial stability
  or the smooth functioning
  of the euro area, the Council, acting by qualified majority on a proposal from the Commission, may
  simultaneously:

| (a) | recommend to the Member State concerned to seek financial assistance and to prepare a macroeconomic adjustment programme
  ; |
| --- | --- |

(a)

recommend to the Member State concerned to seek financial assistance and to prepare a macroeconomic adjustment programme
  ;

| (b) | recommend to the EFSF or to the ESM to offer financial assistance linked to appropriate conditionality as provided for in this Regulation. |
| --- | --- |

(b)

recommend to the EFSF or to the ESM to offer financial assistance linked to appropriate conditionality as provided for in this Regulation.

The Council may decide to make
  its recommendations
  public.

Amendment 35

Proposal for a regulation

Article 3 – paragraph 5 – subparagraph 1 a (new)

Where a Member State seeks financial assistance from the ESM pursuant to paragraph 3a, the other Member States shall use their best efforts to ensure that the ESM provide assistance to that Member State, and that it do so in a timely manner.

Amendment 36

Proposal for a regulation

Article 3 – paragraph 6 – point a

| (a) | the
  relevant Committee of the European Parliament may
  invite representatives of
  the Member State concerned to participate to an exchange of views; |
| --- | --- |

(a)

the
  relevant Committee of the European Parliament may
  invite representatives of
  the Member State concerned to participate to an exchange of views;

| (a) | the
  competent committee of the European Parliament may
  offer the opportunity to
  the Member State concerned
  and to the Commission
  to participate to an exchange of views; |
| --- | --- |

(a)

the
  competent committee of the European Parliament may
  offer the opportunity to
  the Member State concerned
  and to the Commission
  to participate to an exchange of views;

Amendment 37

Proposal for a regulation

Article 3 – paragraph 6 – point b a (new)

| (ba) | the Commission shall inform the relevant committee of the European Parliament in due time about the content of the recommendation. |
| --- | --- |

(ba)

the Commission shall inform the relevant committee of the European Parliament in due time about the content of the recommendation.

Amendment 38

Proposal for a regulation

Article 3 – paragraph 6 a (new)

6a.
     
  During the whole process, the competent committee of the European Parliament and the parliament of the Member State concerned may invite representatives of the IMF, the ECB and the Commission to participate in an economic dialogue on significant issues in relation to the proper functioning of the economy.

Amendment 39

Proposal for a regulation

Article 4

A Member State
  wishing to obtain
  financial assistance from one or several other States, the EFSF, the ESM, the International Monetary Fund (IMF) or another institution outside of the Union framework shall immediately inform the Council, the Commission and the ECB of its intention. The EFC
  , or any subcommittee the latter may designate for that purpose,
  shall hold a discussion on this envisaged request, after having received an assessment from the Commission.

A Member State
  intending to request
  financial assistance from one or several other Member States, the EFSF, the ESM, the IMF or another institution outside of the Union framework shall immediately inform
  the European Parliament,
  the Council, the Commission and the ECB of its intention. The EFC shall hold a discussion on this envisaged request, after having received an assessment from the Commission
  with a view to examining, inter alia, the possibilities available under existing Union or euro area financial instruments before the Member State concerned addresses potential lenders
  .

Amendment 40

Proposal for a regulation

Article 5

Where financial assistance is sought from the EFSF or the ESM, the Commission shall prepare – in liaison with the ECB and wherever possible, the IMF - an analysis of the sustainability of the government debt of the Member State concerned, including the Member State's ability to repay the envisaged financial assistance, and
  forward
  it to the EFC
  or to any subcommittee the latter may designate for that purpose
  .

Where financial assistance is sought from the EFSF
  , the EFSM
  or the ESM, the Commission shall prepare – in liaison with the ECB and wherever possible
  and appropriate, with
  the IMF - an analysis of the sustainability of the government debt
  and the actual or potential financing needs
  of the Member State concerned, including
  the impact of any macro-prudential adjustment programme on
  the Member State's ability to repay the envisaged financial assistance, and
  send
  it to the EFC.

The assessment of the sustainability of the government debt shall be based on prudent macroeconomic and budgetary forecasts using the most up-to-date information and taking proper account of the outcome of the report referred to in point (a) of Article 3(3) as well as any supervisory task exercised according to point (b) of Article 3(3). The forecasts shall assess the impact of macroeconomic and financial shocks and adverse developments on the sustainability of government debt.

The Commission shall make public the methodology, the economic and econometric underlying models and assumptions, including an estimation of the potential output and macroeconomic multiplier effects as well as any other relevant parameter underpinning the assessment of the sustainability of the government debt.

Amendment 41

Proposal for a regulation

Article 6 – paragraph 1

1.   A Member State receiving financial assistance from one or several other States, the IMF, the EFSF or the ESM shall prepare in agreement with the Commission - acting in liaison with the ECB - a draft adjustment programme
  aimed at re-establishing
  a sound and sustainable economic and financial situation and restoring its capacity to finance itself fully on the financial markets. The draft adjustment programme shall take due account of the current recommendations addressed to the Member State concerned under Articles 121, 126 and/or 148 of the Treaty- and its actions to comply with them - while aiming at broadening, strengthening and deepening the required policy measures.

1.   A Member State
  requesting or
  receiving financial assistance from one or several other States, the IMF, the EFSF,
  the EFSM
  or the ESM shall prepare in agreement with the Commission - acting in liaison with the ECB
  and, where appropriate, with the IMF
  - a draft
  macroeconomic
  adjustment programme
  which shall build on and substitute any economic partnership programmes under Regulation (EU) No .../2012 [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], which shall also include annual budgetary target. The draft macroeconomic adjustment programme shall addresses the specific risks emanating from that Member State for the financial stability of the euro area and shall aim at rapidly re-establishing
  a sound and sustainable economic and financial situation and restoring its capacity to finance itself fully on the financial markets. The draft
  macroeconomic
  adjustment programme shall
  be based on the assessment of the sustainability of the government debt and shall
  take due account of the recommendations addressed to the Member State concerned under Articles 121, 126, 136 and/or 148 TFEU - and its actions to comply with them - while aiming at broadening, strengthening and deepening the required policy measures.
  The draft macroeconomic adjustment programme shall respect the practices and institutions for wage formation and industrial relations in the Union and shall, where possible, take into account the national reform programme of the Member State concerned in the context of the Union strategy for growth and jobs. The draft macroeconomic adjustment programme shall fully observe Article 151 TFEU and Article 28 of the Charter of Fundamental Rights of the European Union.

Amendment 42

Proposal for a regulation

Article 6 – paragraph 1 a (new)

1a.
     
  A Member State preparing a draft macroeconomic adjustment programme under paragraph 1 shall establish, in agreement with the Commission, an updated partnership programme aiming at creating the necessary conditions for achieving sustainable public finances.

Amendment 43

Proposal for a regulation

Article 6 - paragraph 2

2.   
  The Council, acting by qualified majority on a proposal from
  the Commission
  ,
  shall
  approve
  the adjustment programme.

2.   The Commission shall
  assess
  the
  draft macroeconomic
  adjustment programme
  within one week of submission of that programme
  .

If the Commission considers the draft macroeconomic adjustment programme to be sufficient, it shall approve it. The Council may, within 10 days of that decision, repeal it by qualified majority.

If the Commission considers the actions or the timetable envisaged in the draft macroeconomic adjustment programme to be insufficient, it shall adopt a recommendation addressed to the Member State to submit, within one week, a new draft macroeconomic adjustment programme, while stating the reasons why the original programme is insufficient. The draft macroeconomic adjustment programme shall, except in case of urgency, be the basis of any Memorandum of Understanding, programme or technical agreement concluded with relevant parties providing financial assistance. Consistency between the different relevant documents relating to the financial assistance and the updated versions of the draft macroeconomic adjustment programme as well as consistency with the broad economic and employment policy guidelines shall be duly justified. The Council may, within 10 days of the Commission's decision, repeal it by qualified majority.

Amendment 44

Proposal for a regulation

Article 6 – paragraph 2 a (new)

2a.
     
  The Commission and the Council shall monitor the implementation of the adjustment programme and the annual budgetary plans consistent with it.

There shall be consistency in the process of economic and fiscal surveillance with respect to a Member State whose currency is the euro under macroeconomic adjustment programme to avoid a duplication of reporting obligations.

Amendment 45

Proposal for a regulation

Article 6 – paragraph 3

3.   The Commission, in liaison with the ECB, shall monitor the progress made in the implementation of the adjustment programme and inform every three months the EFC
  or any subcommittee the latter may designate for that purpose
  . The Member State concerned shall give the Commission its full cooperation. It shall in particular provide to the Commission all the information that the latter deems necessary for the monitoring of the programme. Article 3(3) shall apply.

3.   The Commission, in liaison with the ECB, shall monitor the progress made in the implementation of the adjustment programme and inform every three months the EFC. The Member State concerned shall give the Commission
  and the ECB
  its full cooperation. It shall in particular provide to the Commission
  and the ECB
  all the information that the latter deems necessary for the monitoring of the programme. Article 3(3) shall apply.
  In the case of insufficient cooperation, the Council, on a proposal from the Commission, may address a public recommendation to the Member State concerned laying down the action to be taken by that Member State.

Amendment 46

Proposal for a regulation

Article 6 – paragraph 4

4.   The Commission - in liaison with the ECB - shall examine with the Member State concerned the changes that may be needed to its adjustment programme. The Council, acting by
  a
  qualified majority on a proposal from the Commission, shall decide on any
  change to be
  made to the adjustment programme.

4.   The Commission - in liaison with the ECB
  and, where appropriate, with the IMF
  - shall examine with the Member State concerned the changes
  and updates
  that may be needed to its adjustment programme
  in order to take proper account of inter alia any significant gap between macroeconomic forecasts and realised figures, including possible consequences resulting from the adjustment programme, negative spill-over effects as well as macroeconomic and financial shocks
  . The Commission shall decide on any
  changes
  made to the
  macroeconomic
  adjustment programme.
  The Council may, within 10 days of that decision, repeal it by qualified majority.

Amendment 47

Proposal for a regulation

Article 6 – paragraph 4 a (new)

4a.
     
  The Member State concerned shall, in close cooperation with the Commission, take all necessary measures to encourage private investors to maintain their overall exposure on a voluntary basis.

Amendment 48

Proposal for a regulation

Article 6 – paragraph 5

5.   If the monitoring referred to in paragraph 3 highlights significant deviations from the macro-economic adjustment programme, the
  Council, acting by qualified majority on a proposal from the
  Commission, may decide that the Member State concerned does not comply with the policy requirements contained in the adjustment programme.

5.   If the monitoring referred to in paragraph 3 highlights significant deviations from the macroeconomic adjustment programme, the Commission may decide that the Member State concerned does not comply with the policy requirements contained in the adjustment programme.
  In its decision, the Commission shall explicitly take account of whether significant deviation is due to reasons that are not within the control of the Member State concerned. The Council may, within 10 days of adoption of such a decision, repeal it by qualified majority. The Commission decision shall state the reasons of non-compliance and the necessity for and proportionality of the changes made to the macroeconomic adjustment programme referred to in paragraph 4.

The macroeconomic adjustment programme shall, in particular, outline precautionary measures and contingency plans to be adopted in case of unforeseen developments such as exogenous shocks.

The fiscal consolidation efforts set out in the macroeconomic adjustment programme shall take into account the needs to ensure sufficient means for fundamental policies such as education and health care.

Where the Commission takes a decision under the first subparagraph, the Member State concerned shall, in close cooperation with the Commission and in liaison with the ECB, take measures aimed at avoiding market turmoil and preserving the good functioning of its financial sector.

Amendment 49

Proposal for a regulation

Article 6 – paragraph 6

6.   A Member State subject to
  an
  adjustment programme experiencing insufficient administrative capacity or significant problems in the implementation of its adjustment programme shall seek technical assistance from the Commission.

6.   A Member State subject to
  a macroeconomic
  adjustment programme experiencing insufficient administrative capacity or significant problems in the implementation of its adjustment programme shall seek technical assistance from the Commission
  , which may constitute for this purpose groups of experts with Member States and other Union and/or relevant international institutions
  .
  The objectives and the means of the technical assistance shall be explicitly outlined in the updated versions of the macroeconomic adjustment programme. Furthermore, national ownership of the implementation process of technical assistance shall be ensured. Technical assistance shall be focused on areas such as: improving public procurement, promoting competition, tackling corruption and increasing the efficiency of collecting tax revenues to promote financial sustainability.

The macroeconomic adjustment programme and an assessment of the social consequences shall be made public.

The assessment of the sustainability of the government debt shall be annexed to the macroeconomic adjustment programme.

Amendment 50

Proposal for a regulation

Article 6 – paragraph 6 a (new)

6a.
     
  A Member State subject to a macroeconomic adjustment programme shall carry out a comprehensive audit of its outstanding stock of debt in order inter alia to assess the reasons having led to the building up of excessive levels of debt as well as any irregularity involved in the debt issuance process.

Amendment 51

Proposal for a regulation

Article 6 – paragraph 7

7.   The
  relevant Committee of the European Parliament may
  invite representatives of
  the Member State concerned to participate to an exchange of views on the progress made in the implementation of the adjustment programme.

7.   The
  competent committee of the European Parliament may
  offer the opportunity to
  the Member State concerned
  and to the Commission
  to participate to an exchange of views on the progress made in the implementation of the adjustment programme.

Amendment 52

Proposal for a regulation

Article 6 – paragraph 8 a (new)

8a.
     
  This Article does not apply to financial assistance granted on a precautionary basis or to loans made for the recapitalisation of financial institutions.

Amendment 53

Proposal for a regulation

Article 6 a (new)

Article 6a

Involvement of social partners and civil society

Organisations representing the social partners as well as civil society organisations shall be given the opportunity to express their views on the Commission public recommendations and opinions provided for in this Regulation and on Member States reports and draft reports provided for in Articles 2 to 7 of this Regulation. These views shall be made public.

Amendment 54

Proposal for a regulation

Article 6 b (new)

Article 6b

Measures to safeguard tax revenue

1.
     
  The Member State concerned shall, in accordance with Article 65 TFEU, in close cooperation with the Commission and in liaison with the ECB, take measures aimed at preventing infringements of national law and regulations in particular in the field of taxation.

2.
     
  The Member State concerned shall request the Commission to make a proposal to the Council, in accordance with Article 66 TFEU, to take safeguard measures regarding movements of capital to or from third countries causing, or threatening to cause, serious difficulties for the operation of the economic and monetary union. The Commission shall consult the ECB before making any such proposal.

Amendment 55

Proposal for a regulation

Article 7 – title

Amendment 56

Proposal for a regulation

Article 7 – paragraph 1

1.   The adjustment programme and the changes thereto provided for by Article 6 of this Regulation shall
  be deemed to
  replace the submission of stability programmes provided for by Article 4 of Council Regulation (EC) No 1466/97.

1.   The
  macroeconomic
  adjustment programme and the changes thereto provided for by Article 6 of this Regulation shall replace the submission of stability programmes provided for by Article 4 of Council Regulation (EC) No 1466/97.

Amendment 57

Proposal for a regulation

Article 7 – paragraph 2 – point a

| (a) | The adjustment programme provided for by Article 6 of this Regulation shall also
  be deemed to
  replace as appropriate the reports provided for by Article 3(4a) and Article 5(1a) of Council Regulation (EC) No 1467/97; |
| --- | --- |

(a)

The adjustment programme provided for by Article 6 of this Regulation shall also
  be deemed to
  replace as appropriate the reports provided for by Article 3(4a) and Article 5(1a) of Council Regulation (EC) No 1467/97;

| (a) | The
  macroeconomic
  adjustment programme provided for by Article 6 of this Regulation shall also replace as appropriate the reports provided for by Article 3(4a) and Article 5(1a) of Council Regulation (EC) No 1467/97; |
| --- | --- |

(a)

The
  macroeconomic
  adjustment programme provided for by Article 6 of this Regulation shall also replace as appropriate the reports provided for by Article 3(4a) and Article 5(1a) of Council Regulation (EC) No 1467/97;

Amendment 58

Proposal for a regulation

Article 7 – paragraph 2 – point b

| (b) | The annual budgetary targets in the adjustment programme provided for by Article 6(3) of this Regulation shall
  be deemed to
  replace as appropriate the annual budgetary targets foreseen in accordance with Article 3(4) and Article 5(1) of Regulation (EC) No 1467/97 in the mentioned recommendation and notice. If the Member State concerned is subject to notice under Article 126(9) of the Treaty, the adjustment programme foreseen by Article 6(3) of this Regulation shall also
  be deemed to
  replace the indications on measures conducive to those targets foreseen in the notice in accordance with Article 5(1) of Regulation (EC) No 1467/97. |
| --- | --- |

(b)

The annual budgetary targets in the adjustment programme provided for by Article 6(3) of this Regulation shall
  be deemed to
  replace as appropriate the annual budgetary targets foreseen in accordance with Article 3(4) and Article 5(1) of Regulation (EC) No 1467/97 in the mentioned recommendation and notice. If the Member State concerned is subject to notice under Article 126(9) of the Treaty, the adjustment programme foreseen by Article 6(3) of this Regulation shall also
  be deemed to
  replace the indications on measures conducive to those targets foreseen in the notice in accordance with Article 5(1) of Regulation (EC) No 1467/97.

| (b) | The annual budgetary targets in the adjustment programme provided for by Article 6(3) of this Regulation shall replace as appropriate the annual budgetary targets foreseen in accordance with Article 3(4) and Article 5(1) of Regulation (EC) No 1467/97 in the mentioned recommendation and notice. If the Member State concerned is subject to notice under Article 126(9) of the Treaty, the adjustment programme foreseen by Article 6(3) of this Regulation shall also replace the indications on measures conducive to those targets foreseen in the notice in accordance with Article 5(1) of Regulation (EC) No 1467/97. |
| --- | --- |

(b)

The annual budgetary targets in the adjustment programme provided for by Article 6(3) of this Regulation shall replace as appropriate the annual budgetary targets foreseen in accordance with Article 3(4) and Article 5(1) of Regulation (EC) No 1467/97 in the mentioned recommendation and notice. If the Member State concerned is subject to notice under Article 126(9) of the Treaty, the adjustment programme foreseen by Article 6(3) of this Regulation shall also replace the indications on measures conducive to those targets foreseen in the notice in accordance with Article 5(1) of Regulation (EC) No 1467/97.

Amendment 59

Proposal for a regulation

Article 7 – paragraph 2 – point c

| (c) | The monitoring provided for by Article 6(3) of this Regulation shall
  be deemed to
  replace the monitoring provided for by Article 10(1) and Article 10a of Council Regulation (EC) No 1467/97 and the monitoring underlying any decision provided for by Article 4(2) and 6(2) of Regulation (EC) No 1467/97. |
| --- | --- |

(c)

The monitoring provided for by Article 6(3) of this Regulation shall
  be deemed to
  replace the monitoring provided for by Article 10(1) and Article 10a of Council Regulation (EC) No 1467/97 and the monitoring underlying any decision provided for by Article 4(2) and 6(2) of Regulation (EC) No 1467/97.

| (c) | The monitoring provided for by Article 6(3) of this Regulation shall replace the monitoring provided for by Article 10(1) and Article 10a of Council Regulation (EC) No 1467/97 and the monitoring underlying any decision provided for by Article 4(2) and 6(2) of Regulation (EC) No 1467/97. |
| --- | --- |

(c)

The monitoring provided for by Article 6(3) of this Regulation shall replace the monitoring provided for by Article 10(1) and Article 10a of Council Regulation (EC) No 1467/97 and the monitoring underlying any decision provided for by Article 4(2) and 6(2) of Regulation (EC) No 1467/97.

Amendment 60

Proposal for a regulation

Article 8

The implementation of Regulation (EU) No
  XXX
  on the prevention and correction of macroeconomic imbalances shall be suspended for the Member States subject to a macro-economic adjustment programme approved by the Council in accordance with Article 6(2) of this Regulation. This suspension shall be applicable for the duration of the macro-economic adjustment programme.

The implementation of Regulation (EU) No
  1176/2011
  on the prevention and correction of macroeconomic imbalances shall be suspended for the Member States subject to a macroeconomic adjustment programme approved by the Council in accordance with Article 6(2) of this Regulation
  with the exception of the measures provided for in Articles 3, 4 and 5 of Regulation (EU) No 1176/2011 relating to the scoreboard of macroeconomic and macro-financial indicators, the alert mechanism and the in-depth review
  . This suspension shall be applicable for the duration of the macroeconomic adjustment programme.

Amendment 61

Proposal for a regulation

Article 9

The monitoring provided for by Article 6(3) of this Regulation shall
  be deemed to
  replace the monitoring and assessment of the European Semester for economic policy coordination provided for by Article 2a of Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and coordination of economic policies.

The monitoring provided for by Article 6(3) of this Regulation shall replace the monitoring and assessment of the European Semester for economic policy coordination provided for by Article 2a of Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and coordination of economic policies.
  The suspension shall be applicable for the duration of the macroeconomic adjustment programme.

Amendment 62

Proposal for a regulation

Article 10

The implementation of Regulation (EU) No XXX 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 shall be suspended for the Member States subject to a macro-economic adjustment programme approved by the Council in accordance with Article 6(2) of this Regulation. This suspension shall be applicable for the duration of the macro-economic adjustment programme.

The implementation of Regulation (EU) No XXX 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 shall be suspended for the Member States subject to a macroeconomic adjustment programme approved by the Council in accordance with Article 6(2) of this Regulation
  with the exception of Articles 1 to 4 of Regulation (EU) No .../2012
  . This suspension shall be applicable for the duration of the macroeconomic adjustment programme.

Amendment 63

Proposal for a regulation

Article 10 a (new)

Article 10a

Placement of a Member State under legal protection

1.
     
  Where the measures provided for in Article 3(5) do not restore the financial situation of the Member State and where that Member State is at risk of enduring state of default or suspension of payments, the Commission may, after consulting the Council, adopt a decision placing the Member State under legal protection. The Council may, within 10 days of adoption of such a decision, repeal it by simple majority.

2.
     
  The aim of this Article is to allow the Member State concerned to stabilise its economic situation and to be able to honour its debt.

A decision placing a Member State under legal protection shall have the following effects:

| (a) | 'close-out netting' or 'credit event' provisions become inoperative; |
| --- | --- |

(a)

'close-out netting' or 'credit event' provisions become inoperative;

| (b) | the loan interest rates applied are maintained and new loans to the Member State, with the exception of financial assistance referred to in Article 1(1), are to be reimbursed as a priority; |
| --- | --- |

(b)

the loan interest rates applied are maintained and new loans to the Member State, with the exception of financial assistance referred to in Article 1(1), are to be reimbursed as a priority;

| (c) | the creditors of the Member State concerned make themselves known to the Commission within two months from the publication of the decision placing the Member State concerned under legal protection in the Official Journal of the European Union; failure to do so results in their debt being extinguished; |
| --- | --- |

(c)

the creditors of the Member State concerned make themselves known to the Commission within two months from the publication of the decision placing the Member State concerned under legal protection in the Official Journal of the European Union; failure to do so results in their debt being extinguished;

| (d) | the authorities of the Member State concerned implement the measures recommended in the technical assistance provided for in Article 6(6) and submit to the Commission a recovery and debt settlement plan for approval. |
| --- | --- |

(d)

the authorities of the Member State concerned implement the measures recommended in the technical assistance provided for in Article 6(6) and submit to the Commission a recovery and debt settlement plan for approval.

3.
     
  This Article shall apply from 2017.

Amendment 64

Proposal for a regulation

Article 11 – paragraph 1

1.   A Member State shall be under post-programme surveillance as long as a minimum of 75 % of the financial assistance received from one or several other Member State(s), the EFSM, the EFSF or the ESM has not been repaid. The
  Council, acting on a qualified majority on a proposal from the
  Commission
  ,
  may extend the duration of the post programme surveillance.

1.   A Member State shall be under post-programme surveillance as long as a minimum of 75 % of the financial assistance received from one or several other Member State(s), the EFSM, the EFSF or the ESM has not been repaid. The Commission may
  decide to
  extend the duration of the post-programme surveillance.
  The Council may, within 10 days of such a decision, repeal it by qualified majority.

Amendment 65

Proposal for a regulation

Article 11 – paragraph 3

3.   The Commission shall conduct, in liaison with the ECB, regular review missions in the Member State under post programme surveillance to assess its economic, fiscal and financial situation. It shall communicate every semester its findings to the EFC or to any subcommittee the latter may designate for that purpose and assess notably whether corrective measures are needed.

3.   The Commission shall conduct, in liaison with the ECB, regular review missions in the Member State under post-programme surveillance to assess its economic, fiscal and financial situation. It shall communicate every semester its findings to the
  competent committee of the European Parliament, to the
  EFC or to any subcommittee the latter may designate for that purpose
  and to the parliament of the Member State concerned
  and shall assess, in particular, whether corrective measures are needed.

The competent committee of the European Parliament may offer the opportunity to the Member State concerned to participate to an exchange of views on the progress made under post- programme surveillance.

Amendment 66

Proposal for a regulation

Article 11 – paragraph 4

4.   The
  Council, acting by qualified majority on a proposal from the
  Commission
  ,
  may
  recommend to
  the Member State under post programme surveillance
  to
  adopt corrective measures.

4.   The Commission may
  adopt a recommendation that
  the Member State under post-programme surveillance adopt corrective measures.
  The Council may, within 10 days of such a recommendation, repeal it by qualified majority.

Amendment 67

Proposal for a regulation

Article 11 – paragraph 4 a (new)

4a.
     
  The parliament of the Member State concerned may invite the Commission to participate in an exchange of views on the post-programme surveillance.

Amendment 68

Proposal for a regulation

Article 12 – paragraph 1

For the measures referred to in
  Articles 2(1), 3, 6(2), 6(4) and 11(4)
  , only members of the Council representing Member States whose currency is the euro shall vote and the Council shall act without taking into account the vote of the member of the Council representing the Member State concerned.

For the measures referred to in
  this Regulation
  , only members of the Council representing Member States whose currency is the euro shall vote and the Council shall act without taking into account the vote of the member of the Council representing the Member State concerned.

Amendment 69

Proposal for a regulation

Article 13

Article 13

Types of assistance and loans excluded from the application of Articles 5 and 6

The provisions of Article 5 and 6 do not apply to financial assistance granted on a precautionary basis and to loans made for recapitalising financial institutions.

deleted

Amendment 70

Proposal for a regulation

Article 13 a (new)

Article 13a

Informing the European Parliament

The Council and the Commission shall regularly inform the European Parliament of the application of this Regulation.

Amendment 71

Proposal for a regulation

Article 13 b (new)

Article 13b

Transitional provisions

This Regulation shall apply to the Member States that are already subject to programme assistance on [date of entry into force of this Regulation].

Amendment 72

Proposal for a regulation

Article 13 c (new)

Article 13c

Report

By 1 January 2014 and every five years thereafter, the Commission shall publish a report on the application of this Regulation.

That report shall evaluate, inter alia:

| (a) | the effectiveness of this Regulation; |
| --- | --- |

(a)

the effectiveness of this Regulation;

| (b) | the progress in ensuring closer coordination of economic policies and sustained convergence of economic performance of the Member States in accordance with the TFEU. |
| --- | --- |

(b)

the progress in ensuring closer coordination of economic policies and sustained convergence of economic performance of the Member States in accordance with the TFEU.

| (c) | the contribution of this Regulation to the achievement of the Union strategy for growth and jobs. |
| --- | --- |

(c)

the contribution of this Regulation to the achievement of the Union strategy for growth and jobs.

| (d) | the appropriateness of extending the scope of this Regulation to non euro area Member States experiencing or threatened with serious difficulties with respect to their financial stability in the euro area. |
| --- | --- |

(d)

the appropriateness of extending the scope of this Regulation to non euro area Member States experiencing or threatened with serious difficulties with respect to their financial stability in the euro area.

2.
     
  Where appropriate, the report referred to in paragraph 1 shall be accompanied by a proposal to amend this Regulation.

3.
     
  The report referred to in paragraph 1 shall be sent to the European Parliament and to the Council.

---

(1)  The matter was then referred back to committee pursuant to Rule 57(2), second subparagraph (A7-0172/2012).

(2)  
  See Cases C-463/00 and C-174/04.

(3)  

  OJ L 331, 15.12.2010, p. 12.

(4)  

  OJ L 331, 15.12.2010, p. 48.

(5)  

  OJ L 331, 15.12.2010, p. 84.

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/150 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/150

---

Wednesday 13 June 2012Monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area ***I

P7_TA(2012)0243

Amendments adopted by the European Parliament on 13 June 2012 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)) (1)

2013/C 332 E/32

(Ordinary legislative procedure: first reading)

| TEXT PROPOSED BY THE COMMISSION | AMENDMENT |
| --- | --- |
| Amendment 1 |
| Proposal for a regulation


  Recital 1 a (new) |
| | (1a) | Article 9 of the Treaty on the Functioning of the European Union (TFEU) provides that, in defining and implementing its policies and actions, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENT

Amendment 1

Proposal for a regulation

Recital 1 a (new)

(1a)

Article 9 of the Treaty on the Functioning of the European Union (TFEU) provides that, in defining and implementing its policies and actions, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health.

Amendment 2

Proposal for a regulation

Recital 2

| (2) | The Stability and Growth Pact, in particular Regulations (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies and Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure,
  designed to
  secure budgetary discipline across the Union, sets out the framework for preventing and correcting excessive government deficits. It has been further strengthened by Regulation No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies and Regulation (EU) No .../2011 amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure. Regulation (EC) No .../2011 of the European Parliament and of the Council on the effective enforcement of budgetary surveillance in the euro area added a system of effective, preventive and gradual enforcement mechanisms in the form of financial sanctions for the Member States whose currency is the euro. |
| --- | --- |

(2)

The Stability and Growth Pact, in particular Regulations (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies and Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure,
  designed to
  secure budgetary discipline across the Union, sets out the framework for preventing and correcting excessive government deficits. It has been further strengthened by Regulation No .../2011 of the European Parliament and of the Council amending Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies and Regulation (EU) No .../2011 amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure. Regulation (EC) No .../2011 of the European Parliament and of the Council on the effective enforcement of budgetary surveillance in the euro area added a system of effective, preventive and gradual enforcement mechanisms in the form of financial sanctions for the Member States whose currency is the euro.

| (2) | The Stability and Growth Pact, in particular Regulations (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies and Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure,
  aiming at
  secure budgetary discipline across the Union, sets out the framework for preventing and correcting excessive government deficits. Regulations (EC) No 1466/97 and 1467/97 have been amended and the Stability and Growth Pact has been further strengthened, by Regulation (EU) No 1175/2011 of the European Parliament and of the Council (2) and by Regulation (EU) No 1177/2011 of the European Parliament and of the Council (3)
  . Regulation (EU) No 1173/2011 of the European Parliament and of the Council on the effective enforcement of budgetary surveillance in the euro area (4) added a system of effective, preventive and gradual enforcement mechanisms in the form of financial sanctions for the Member States whose currency is the euro.
  Article 2-a of Regulation (EC) No 1466/97, moreover, lays down the elements that constitute the European Semester for economic policy coordination. |
| --- | --- |

(2)

The Stability and Growth Pact, in particular Regulations (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies and Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure,
  aiming at
  secure budgetary discipline across the Union, sets out the framework for preventing and correcting excessive government deficits. Regulations (EC) No 1466/97 and 1467/97 have been amended and the Stability and Growth Pact has been further strengthened, by Regulation (EU) No 1175/2011 of the European Parliament and of the Council (2) and by Regulation (EU) No 1177/2011 of the European Parliament and of the Council (3)
  . Regulation (EU) No 1173/2011 of the European Parliament and of the Council on the effective enforcement of budgetary surveillance in the euro area (4) added a system of effective, preventive and gradual enforcement mechanisms in the form of financial sanctions for the Member States whose currency is the euro.
  Article 2-a of Regulation (EC) No 1466/97, moreover, lays down the elements that constitute the European Semester for economic policy coordination.

Amendment 3

Proposal for a regulation

Recital 2 a (new)

| (2a) | Pursuant to Article 2-a of Regulation (EC) No 1466/97, the European Semester includes the formulation, and the surveillance of the implementation, of the broad guidelines of the economic policies of the Member States and of the Union (broad economic policy guidelines) in accordance with Article 121(2) TFEU; the formulation, and the examination of the implementation, of the employment guidelines that must be taken into account by Member States in accordance with Article 148(2) TFEU (employment guidelines); the submission and assessment of Member States' stability or convergence programmes under that Regulation; the submission and assessment of Member States' national reform programmes supporting the Union strategy for growth and jobs and established in line with the broad economic guidelines, with the employment guidelines and with the general guidance to Member States issued by the Commission and the European Council at the beginning of the annual cycle of surveillance; the surveillance to prevent and correct macroeconomic imbalances under Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (5). |
| --- | --- |

(2a)

Pursuant to Article 2-a of Regulation (EC) No 1466/97, the European Semester includes the formulation, and the surveillance of the implementation, of the broad guidelines of the economic policies of the Member States and of the Union (broad economic policy guidelines) in accordance with Article 121(2) TFEU; the formulation, and the examination of the implementation, of the employment guidelines that must be taken into account by Member States in accordance with Article 148(2) TFEU (employment guidelines); the submission and assessment of Member States' stability or convergence programmes under that Regulation; the submission and assessment of Member States' national reform programmes supporting the Union strategy for growth and jobs and established in line with the broad economic guidelines, with the employment guidelines and with the general guidance to Member States issued by the Commission and the European Council at the beginning of the annual cycle of surveillance; the surveillance to prevent and correct macroeconomic imbalances under Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (5).

Amendment 4

Proposal for a regulation

Recital 3

| (3) | The amendments to the Stability and Growth Pact increase both the guidance, and, for the Member States whose currency is the euro,
  incentives for the setting and the implementation of
  a prudent budgetary policy, while avoiding excessive government deficits. These provisions have created a more robust framework at the level of the Union for the surveillance of national economic policies. |
| --- | --- |

(3)

The amendments to the Stability and Growth Pact increase both the guidance, and, for the Member States whose currency is the euro,
  incentives for the setting and the implementation of
  a prudent budgetary policy, while avoiding excessive government deficits. These provisions have created a more robust framework at the level of the Union for the surveillance of national economic policies.

| (3) | The amendments to the Stability and Growth Pact increase both the guidance, and, for the Member States whose currency is the euro,
  reinforced and more automatic sanctions for non-compliance with
  a prudent budgetary policy, while avoiding excessive government deficits. These provisions have created a more robust framework at the level of the Union for the surveillance of national economic policies
  but deeper coordination of economic policy and incentives for compliance are needed
  . |
| --- | --- |

(3)

The amendments to the Stability and Growth Pact increase both the guidance, and, for the Member States whose currency is the euro,
  reinforced and more automatic sanctions for non-compliance with
  a prudent budgetary policy, while avoiding excessive government deficits. These provisions have created a more robust framework at the level of the Union for the surveillance of national economic policies
  but deeper coordination of economic policy and incentives for compliance are needed
  .

Amendment 5

Proposal for a regulation

Recital 3 a (new)

| (3a) | The revised Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability, thereby supporting the achievement of the Union's objectives for sustainable growth and jobs. |
| --- | --- |

(3a)

The revised Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth underpinned by financial stability, thereby supporting the achievement of the Union's objectives for sustainable growth and jobs.

Amendment 6

Proposal for a regulation

Recital 3 b (new)

| (3b) | The European Council, meeting on 17 June 2010, adopted a new Union strategy for growth and jobs, to enable the Union to emerge stronger from the crisis, and to turn its economy towards smart, sustainable and inclusive growth, accompanied by a high level of quality employment, productivity and social cohesion. The Union strategy for growth and jobs also contains objectives in the fields of poverty, education, innovation and the environment. |
| --- | --- |

(3b)

The European Council, meeting on 17 June 2010, adopted a new Union strategy for growth and jobs, to enable the Union to emerge stronger from the crisis, and to turn its economy towards smart, sustainable and inclusive growth, accompanied by a high level of quality employment, productivity and social cohesion. The Union strategy for growth and jobs also contains objectives in the fields of poverty, education, innovation and the environment.

Amendment 7

Proposal for a regulation

Recital 3 c (new)

| (3c) | Due attention should be paid to the Union strategy for growth and jobs and how it is implemented by Member States via their national reform programmes. |
| --- | --- |

(3c)

Due attention should be paid to the Union strategy for growth and jobs and how it is implemented by Member States via their national reform programmes.

Amendment 8

Proposal for a regulation

Recital 4

| (4) | The Treaty allows the adoption of specific measures in the euro area which go beyond the provisions applicable to all Member States in order to ensure the proper functioning of the Economic and Monetary Union. |
| --- | --- |

(4)

The Treaty allows the adoption of specific measures in the euro area which go beyond the provisions applicable to all Member States in order to ensure the proper functioning of the Economic and Monetary Union.

| (4) | The TFEU allows the adoption of specific measures in the euro area which go beyond the provisions applicable to all Member States in order to ensure
  , and to avoid policies in the Member States that jeopardise,
  the proper functioning of the economic and monetary union.
  More active use, where appropriate and necessary, should be made of specific measures provided for in Article 136 TFEU in order to create the necessary conditions for a deeper and more resilient integration which should go hand in hand with enhanced democratic legitimacy of the economic and monetary union. |
| --- | --- |

(4)

The TFEU allows the adoption of specific measures in the euro area which go beyond the provisions applicable to all Member States in order to ensure
  , and to avoid policies in the Member States that jeopardise,
  the proper functioning of the economic and monetary union.
  More active use, where appropriate and necessary, should be made of specific measures provided for in Article 136 TFEU in order to create the necessary conditions for a deeper and more resilient integration which should go hand in hand with enhanced democratic legitimacy of the economic and monetary union.

Amendment 9

Proposal for a regulation

Recital 4 a (new)

| (4a) | Sound public finances and balanced budgets are a prerequisite for economic and financial stability as clearly demonstrated by the sovereign debt crisis, underlining the need for strong and solid fiscal frameworks. Furthermore, the deficits of today, associated with stagnated economies, highlight the need for reforms rather than increased spending. |
| --- | --- |

(4a)

Sound public finances and balanced budgets are a prerequisite for economic and financial stability as clearly demonstrated by the sovereign debt crisis, underlining the need for strong and solid fiscal frameworks. Furthermore, the deficits of today, associated with stagnated economies, highlight the need for reforms rather than increased spending.

Amendment 10

Proposal for a regulation

Recital 4 b (new)

| (4b) | Member States should refrain from adopting any measure which could jeopardise the attainment of the Union's objectives in the framework of the economic and monetary union, in particular the practice of accumulating debts outside the general government accounts. |
| --- | --- |

(4b)

Member States should refrain from adopting any measure which could jeopardise the attainment of the Union's objectives in the framework of the economic and monetary union, in particular the practice of accumulating debts outside the general government accounts.

Amendment 11

Proposal for a regulation

Recital 5

| (5) | Strong public finances are best ensured at the planning stage and gross errors should be identified as early as possible. Member States should benefit not just from the setting of guiding principles and budgetary targets but also from a synchronised monitoring of their budgetary policies. |
| --- | --- |

(5)

Strong public finances are best ensured at the planning stage and gross errors should be identified as early as possible. Member States should benefit not just from the setting of guiding principles and budgetary targets but also from a synchronised monitoring of their budgetary policies.

| (5) | Strong public finances
  and coordinated economic policies
  are best ensured at the planning stage and gross errors should be identified as early as possible. Member States should benefit not just from the setting of guiding principles and budgetary targets but also from a synchronised monitoring of their budgetary
  and macroeconomic
  policies
  and public debt issuances
  .
  With a view to better coordinating the planning of national debt issuances, Member States need to report ex-ante on their public debt issuance plans
  . |
| --- | --- |

(5)

Strong public finances
  and coordinated economic policies
  are best ensured at the planning stage and gross errors should be identified as early as possible. Member States should benefit not just from the setting of guiding principles and budgetary targets but also from a synchronised monitoring of their budgetary
  and macroeconomic
  policies
  and public debt issuances
  .
  With a view to better coordinating the planning of national debt issuances, Member States need to report ex-ante on their public debt issuance plans
  .

Amendment 12

Proposal for a regulation

Recital 5 a (new)

| (5a) | The aim of this Regulation is to put in place further Union mechanisms for the coordination and surveillance of Member States' budgetary and economic policies. Nevertheless, prudence should be shown at all stages, and, for this reason, no matters related to the Member States' debt issuance plans, the renewal of outstanding debt or other relevant operations should be made public, and they should be used for internal coordination only. This need arises from the risk that a Member State may be subject to by making its financial needs known in advance to the financial markets. |
| --- | --- |

(5a)

The aim of this Regulation is to put in place further Union mechanisms for the coordination and surveillance of Member States' budgetary and economic policies. Nevertheless, prudence should be shown at all stages, and, for this reason, no matters related to the Member States' debt issuance plans, the renewal of outstanding debt or other relevant operations should be made public, and they should be used for internal coordination only. This need arises from the risk that a Member State may be subject to by making its financial needs known in advance to the financial markets.

Amendment 13

Proposal for a regulation

Recital 6

| (6) | Setting-up a common budgetary timeline for Member States whose currency is the euro should better synchronize the key steps in the preparation of national budgets, thus contributing to the effectiveness of the European semester for budgetary policy coordination. Adopting a common budgetary timeline should lead to stronger synergies by facilitating policy coordination among Member States whose currency is the euro and ensure that the
  Council and Commission
  recommendations are appropriately integrated in the national process for budget adoption. |
| --- | --- |

(6)

Setting-up a common budgetary timeline for Member States whose currency is the euro should better synchronize the key steps in the preparation of national budgets, thus contributing to the effectiveness of the European semester for budgetary policy coordination. Adopting a common budgetary timeline should lead to stronger synergies by facilitating policy coordination among Member States whose currency is the euro and ensure that the
  Council and Commission
  recommendations are appropriately integrated in the national process for budget adoption.

| (6) | Setting-up a common budgetary timeline for Member States whose currency is the euro should better synchronize the key steps in the preparation of national budgets, thus contributing to the effectiveness of the European semester for
  economic and
  budgetary policy coordination. Adopting a common budgetary timeline should lead to stronger synergies by facilitating policy coordination among Member States whose currency is the euro and ensure that the
  country-specific policy
  recommendations
  and the national reform programmes and stability and convergence programmes, as well as the recommendations based on the macroeconomic imbalances analysis
  are appropriately integrated in the national process for budget adoption. |
| --- | --- |

(6)

Setting-up a common budgetary timeline for Member States whose currency is the euro should better synchronize the key steps in the preparation of national budgets, thus contributing to the effectiveness of the European semester for
  economic and
  budgetary policy coordination. Adopting a common budgetary timeline should lead to stronger synergies by facilitating policy coordination among Member States whose currency is the euro and ensure that the
  country-specific policy
  recommendations
  and the national reform programmes and stability and convergence programmes, as well as the recommendations based on the macroeconomic imbalances analysis
  are appropriately integrated in the national process for budget adoption.

Amendment 14

Proposal for a regulation

Recital 6 a (new)

| (6a) | It is essential that the common budgetary plan timeline is coherent with the Member States' budgetary timeframes. If it is not, any Commission opinion regarding a Member State's draft budgetary plan has the risk of lacking democratic legitimacy in that Member State's parliament. |
| --- | --- |

(6a)

It is essential that the common budgetary plan timeline is coherent with the Member States' budgetary timeframes. If it is not, any Commission opinion regarding a Member State's draft budgetary plan has the risk of lacking democratic legitimacy in that Member State's parliament.

Amendment 15

Proposal for a regulation

Recital 6 b (new)

| (6b) | Where the budget is not adopted by 31 December as provided for by this Regulation, reversionary budget procedures should be in place to ensure that the government remains able to discharge its essential duties. |
| --- | --- |

(6b)

Where the budget is not adopted by 31 December as provided for by this Regulation, reversionary budget procedures should be in place to ensure that the government remains able to discharge its essential duties.

Amendment 16

Proposal for a regulation

Recital 7

| (7) | There is strong evidence showing the effectiveness of
  rules-based fiscal frameworks in supporting sound and sustainable fiscal policies. The introduction of national fiscal rules that are consistent with the budgetary objectives set at Union level should be a crucial element to ensure the respect of the Stability and Growth Pact provisions. In particular, Member States should put in place
  structural balanced budget rules which transpose into national legislation the main principles of the Union fiscal framework. This transposition should be effective through binding rules preferably of a constitutional nature so as to demonstrate the strongest commitment of national authorities in relation to the Stability and Growth Pact. |
| --- | --- |

(7)

There is strong evidence showing the effectiveness of
  rules-based fiscal frameworks in supporting sound and sustainable fiscal policies. The introduction of national fiscal rules that are consistent with the budgetary objectives set at Union level should be a crucial element to ensure the respect of the Stability and Growth Pact provisions. In particular, Member States should put in place
  structural balanced budget rules which transpose into national legislation the main principles of the Union fiscal framework. This transposition should be effective through binding rules preferably of a constitutional nature so as to demonstrate the strongest commitment of national authorities in relation to the Stability and Growth Pact.

| (7) | Effective
  rules-based fiscal frameworks
  can be important
  in supporting sound and sustainable fiscal policies. The introduction of national fiscal rules that are consistent with the
  economic and
  budgetary objectives set at Union level
  , and which include the definition of exceptional circumstances and severe economic downturns,
  should be a crucial element to ensure the
  sustainable
  respect of the Stability and Growth Pact provisions. In particular, Member States should put in place
  a mechanism to be triggered in the case of a significant deviation from the medium-term budgetary objective or the adjustment path towards it aiming at ensuring a timely return to the medium-term objective. It is essential that those rules cover the general government as a whole and be of binding force or otherwise guaranteed to be fully complied with throughout the national budgetary processes. |
| --- | --- |

(7)

Effective
  rules-based fiscal frameworks
  can be important
  in supporting sound and sustainable fiscal policies. The introduction of national fiscal rules that are consistent with the
  economic and
  budgetary objectives set at Union level
  , and which include the definition of exceptional circumstances and severe economic downturns,
  should be a crucial element to ensure the
  sustainable
  respect of the Stability and Growth Pact provisions. In particular, Member States should put in place
  a mechanism to be triggered in the case of a significant deviation from the medium-term budgetary objective or the adjustment path towards it aiming at ensuring a timely return to the medium-term objective. It is essential that those rules cover the general government as a whole and be of binding force or otherwise guaranteed to be fully complied with throughout the national budgetary processes.

Amendment 17

Proposal for a regulation

Recital 7 a (new)

| (7a) | The extent of sovereign indebtedness in the Union is a paramount challenge which should be addressed if the economy is to return to a stable and resilient growth trend in the short as well as the long term. A significant time span will elapse before the average level of indebtedness among Member States returns to the 60 % trajectory stipulated by the Stability and Growth Pact. Fulfilment of the medium-term budgetary objectives is a fundamental precondition in this regard while deviating from them could trigger soaring interest rates and thereby threaten growth and recovery. |
| --- | --- |

(7a)

The extent of sovereign indebtedness in the Union is a paramount challenge which should be addressed if the economy is to return to a stable and resilient growth trend in the short as well as the long term. A significant time span will elapse before the average level of indebtedness among Member States returns to the 60 % trajectory stipulated by the Stability and Growth Pact. Fulfilment of the medium-term budgetary objectives is a fundamental precondition in this regard while deviating from them could trigger soaring interest rates and thereby threaten growth and recovery.

Amendment 18

Proposal for a regulation

Recital 8

| (8) | Biased and unrealistic macroeconomic and budgetary forecasts can considerably hamper the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline. Forecasts from independent bodies can provide unbiased and realistic macroeconomic forecasts. |
| --- | --- |

(8)

Biased and unrealistic macroeconomic and budgetary forecasts can considerably hamper the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline. Forecasts from independent bodies can provide unbiased and realistic macroeconomic forecasts.

| (8) | Biased and unrealistic macroeconomic and budgetary forecasts can considerably hamper the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline. Forecasts from independent
  and technically competent
  bodies
  endowed with functional autonomy vis-à-vis the budgetary authorities of the Member State which comply with minimum requirements, as laid down in Annex I,
  can provide unbiased and realistic macroeconomic forecasts
  , once their comparability and coherence have been established
  . |
| --- | --- |

(8)

Biased and unrealistic macroeconomic and budgetary forecasts can considerably hamper the effectiveness of budgetary planning and consequently impair commitment to budgetary discipline. Forecasts from independent
  and technically competent
  bodies
  endowed with functional autonomy vis-à-vis the budgetary authorities of the Member State which comply with minimum requirements, as laid down in Annex I,
  can provide unbiased and realistic macroeconomic forecasts
  , once their comparability and coherence have been established
  .

Amendment 20

Proposal for a regulation

Recital 9

| (9) | This gradually strengthened surveillance will further complement the existing provisions of the Stability and Growth Pact and strengthen the surveillance of budgetary
  discipline
  in Member States whose currency is the euro. A gradually enhanced monitoring procedure should contribute to better budgetary outcomes to the benefit of all Member States whose currency is the euro. As part of a gradually strengthened procedure, a closer monitoring is particularly valuable to Member States that are subject to an excessive deficit procedure. |
| --- | --- |

(9)

This gradually strengthened surveillance will further complement the existing provisions of the Stability and Growth Pact and strengthen the surveillance of budgetary
  discipline
  in Member States whose currency is the euro. A gradually enhanced monitoring procedure should contribute to better budgetary outcomes to the benefit of all Member States whose currency is the euro. As part of a gradually strengthened procedure, a closer monitoring is particularly valuable to Member States that are subject to an excessive deficit procedure.

| (9) | This gradually strengthened surveillance
  and coordination
  will further
  complete the European Semester for economic policy coordination,
  complement the existing provisions of the Stability and Growth Pact and strengthen the surveillance of budgetary
  and macro-financial soundness and economic convergence
  in Member States whose currency is the euro. A gradually enhanced monitoring procedure should contribute to better budgetary
  and economic
  outcomes to the benefit of all Member States whose currency is the euro
  , without creating unnecessary bureaucracy
  . As part of a gradually strengthened procedure, a closer monitoring is particularly valuable to Member States that are subject to an excessive deficit procedure. |
| --- | --- |

(9)

This gradually strengthened surveillance
  and coordination
  will further
  complete the European Semester for economic policy coordination,
  complement the existing provisions of the Stability and Growth Pact and strengthen the surveillance of budgetary
  and macro-financial soundness and economic convergence
  in Member States whose currency is the euro. A gradually enhanced monitoring procedure should contribute to better budgetary
  and economic
  outcomes to the benefit of all Member States whose currency is the euro
  , without creating unnecessary bureaucracy
  . As part of a gradually strengthened procedure, a closer monitoring is particularly valuable to Member States that are subject to an excessive deficit procedure.

Amendment 21

Proposal for a regulation

Recital 10

| (10) | As demonstrated by the sovereign debt crisis, and in particular by the need to put in place common financial backstops,
  Member States whose currency is the euro
  share enhanced spill-overs
  from their budgetary
  policy
  . Each of the Member States whose currency is the euro should consult the Commission and other Member States whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spill-over effects, so as to give the possibility for an assessment of possible impact for the euro area as a whole. They should consider their budgetary plans to be of common concern and submit them to the Commission for monitoring purposes in advance of the plans becoming binding. The Commission should be in a position, if necessary, to adopt an opinion on the draft budgetary plan, that the Member State and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption. Such an opinion should ensure that Union's policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations. In particular, this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the European semester in the budgetary area. The Commission should stand ready to present this opinion to the Parliament of the Member State concerned at its request. The extent to which this opinion has been taken into account should be part of the assessment, if and when the conditions are met, leading to the decision to place the concerned Member State in excessive deficit procedure, where no follow-up to the early guidance from the Commission should be considered as an aggravating factor. Also, based on an overall assessment of the plans by the Commission, the Eurogroup should discuss the budgetary situation and prospects for the euro area. |
| --- | --- |

(10)

As demonstrated by the sovereign debt crisis, and in particular by the need to put in place common financial backstops,
  Member States whose currency is the euro
  share enhanced spill-overs
  from their budgetary
  policy
  . Each of the Member States whose currency is the euro should consult the Commission and other Member States whose currency is the euro before the adoption of any major fiscal policy reform plans with potential spill-over effects, so as to give the possibility for an assessment of possible impact for the euro area as a whole. They should consider their budgetary plans to be of common concern and submit them to the Commission for monitoring purposes in advance of the plans becoming binding. The Commission should be in a position, if necessary, to adopt an opinion on the draft budgetary plan, that the Member State and in particular budgetary authorities should be invited to take into account in the process of the budget law adoption. Such an opinion should ensure that Union's policy guidance in the budgetary area is appropriately integrated in the national budgetary preparations. In particular, this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the European semester in the budgetary area. The Commission should stand ready to present this opinion to the Parliament of the Member State concerned at its request. The extent to which this opinion has been taken into account should be part of the assessment, if and when the conditions are met, leading to the decision to place the concerned Member State in excessive deficit procedure, where no follow-up to the early guidance from the Commission should be considered as an aggravating factor. Also, based on an overall assessment of the plans by the Commission, the Eurogroup should discuss the budgetary situation and prospects for the euro area.

| (10) | Member States whose currency is the euro
  generate or are affected by spill-over effects
  from their budgetary
  and macroeconomic policies
  .
  Spill-over effects should therefore be identified and addressed within the framework of country-specific surveillance procedures as well as in the overall assessment of the budgetary situation and prospects in the euro area as a whole. That assessment should identify, on a country-by-country basis, potential negative spill-over effects on the sustainability of public finances of the Member States generated by their private sector or by other Member States. The sovereign debt crisis has also demonstrated the interlinkage between sovereign debt, financial stability and bank solvency.
  Each of the Member States whose currency is the euro should consult the Commission and other Member States whose currency is the euro before the adoption of any major
  economic and
  fiscal policy reform plans with potential spill-over effects, so as to give the possibility for an assessment of possible impact for the euro area as a whole. They should consider their budgetary
  and economic
  plans to be of common concern and submit them to the Commission for monitoring purposes in advance of the plans becoming binding. The Commission should be in a position to adopt
  , as soon as possible and no later than 15 November,
  an opinion on the draft budgetary plan, that the Member State should be invited to take into account in the process of the budget law adoption. Such an opinion should ensure that Union's policy guidance in the
  economic and
  budgetary area is appropriately integrated in the national budgetary preparations. In particular, this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the European semester in the
  economic and
  budgetary area
  (country-specific policy recommendations). In the same context, it should ensure that Member State commitments in the framework of their national reform programmes as well as any commitments made by them within the framework of economic partnership programmes and Council recommendations within the macroeconomic imbalances procedure are appropriately reflected in the draft national budget.
  The Commission should stand ready to present this opinion to the Parliament of the Member State concerned at its request. The extent to which this opinion has been taken into account should be part of the assessment, if and when the conditions are met, leading to the decision to place the concerned Member State in excessive deficit procedure, where no follow-up to the early guidance from the Commission should be considered as an aggravating factor. Also, based on an overall assessment of the plans by the Commission, the Eurogroup
  and the European Parliament
  should discuss the budgetary situation and prospects for the euro area. |
| --- | --- |

(10)

Member States whose currency is the euro
  generate or are affected by spill-over effects
  from their budgetary
  and macroeconomic policies
  .
  Spill-over effects should therefore be identified and addressed within the framework of country-specific surveillance procedures as well as in the overall assessment of the budgetary situation and prospects in the euro area as a whole. That assessment should identify, on a country-by-country basis, potential negative spill-over effects on the sustainability of public finances of the Member States generated by their private sector or by other Member States. The sovereign debt crisis has also demonstrated the interlinkage between sovereign debt, financial stability and bank solvency.
  Each of the Member States whose currency is the euro should consult the Commission and other Member States whose currency is the euro before the adoption of any major
  economic and
  fiscal policy reform plans with potential spill-over effects, so as to give the possibility for an assessment of possible impact for the euro area as a whole. They should consider their budgetary
  and economic
  plans to be of common concern and submit them to the Commission for monitoring purposes in advance of the plans becoming binding. The Commission should be in a position to adopt
  , as soon as possible and no later than 15 November,
  an opinion on the draft budgetary plan, that the Member State should be invited to take into account in the process of the budget law adoption. Such an opinion should ensure that Union's policy guidance in the
  economic and
  budgetary area is appropriately integrated in the national budgetary preparations. In particular, this opinion should include an assessment of whether or not the budgetary plans appropriately address the recommendations issued in the context of the European semester in the
  economic and
  budgetary area
  (country-specific policy recommendations). In the same context, it should ensure that Member State commitments in the framework of their national reform programmes as well as any commitments made by them within the framework of economic partnership programmes and Council recommendations within the macroeconomic imbalances procedure are appropriately reflected in the draft national budget.
  The Commission should stand ready to present this opinion to the Parliament of the Member State concerned at its request. The extent to which this opinion has been taken into account should be part of the assessment, if and when the conditions are met, leading to the decision to place the concerned Member State in excessive deficit procedure, where no follow-up to the early guidance from the Commission should be considered as an aggravating factor. Also, based on an overall assessment of the plans by the Commission, the Eurogroup
  and the European Parliament
  should discuss the budgetary situation and prospects for the euro area.

Amendment 22

Proposal for a regulation

Recital 10 a (new)

| (10a) | In the event of particularly serious non-compliance of the draft budgetary plan with the adjustment path towards the medium-term budgetary objective, the Commission, in its opinion on the draft budgetary plan, should request, after consultation with the Member State concerned, a revised draft budgetary plan, in accordance with the provisions of this Regulation. This will be the case in particular where the implementation of the initial budgetary plan would put at risk the financial stability of the Member State concerned or risk jeopardising the proper functioning of the economic and monetary union or where the implementation of the initial budgetary plan would entail an obvious significant violation of the recommendations formulated by the Council under the Stability and Growth Pact. |
| --- | --- |

(10a)

In the event of particularly serious non-compliance of the draft budgetary plan with the adjustment path towards the medium-term budgetary objective, the Commission, in its opinion on the draft budgetary plan, should request, after consultation with the Member State concerned, a revised draft budgetary plan, in accordance with the provisions of this Regulation. This will be the case in particular where the implementation of the initial budgetary plan would put at risk the financial stability of the Member State concerned or risk jeopardising the proper functioning of the economic and monetary union or where the implementation of the initial budgetary plan would entail an obvious significant violation of the recommendations formulated by the Council under the Stability and Growth Pact.

Amendment 23

Proposal for a regulation

Recital 10 b (new)

| (10b) | In the context of better coordination and ex ante discussions among Member States of any major economic and fiscal policy reform plans with potential spill-over effects, the Commission should put forward a report, and if necessary a proposal, to the European Parliament and to the Council, with a detailed plan setting out how such coordination and ex ante discussions are to operate, what form such coordination and discussions are to take, what policies are envisaged, and the likely political consequences - to the Member States and, in particular, to the national parliaments - of decisions arising from such coordination and ex ante discussions. That Commission opinion should, at least, ensure that the coordination is integrated into the European Semester framework. |
| --- | --- |

(10b)

In the context of better coordination and ex ante discussions among Member States of any major economic and fiscal policy reform plans with potential spill-over effects, the Commission should put forward a report, and if necessary a proposal, to the European Parliament and to the Council, with a detailed plan setting out how such coordination and ex ante discussions are to operate, what form such coordination and discussions are to take, what policies are envisaged, and the likely political consequences - to the Member States and, in particular, to the national parliaments - of decisions arising from such coordination and ex ante discussions. That Commission opinion should, at least, ensure that the coordination is integrated into the European Semester framework.

Amendment 24

Proposal for a regulation

Recital 10 c (new)

| (10c) | Furthermore, strengthening economic governance should include a closer and more timely involvement of the European Parliament and the national parliaments. While recognising that the counterparts of the European Parliament in the framework of the dialogue are the relevant institutions of the Union and their representatives, the competent committee of the European Parliament may offer an opportunity to participate in an exchange of views to a Member State which is the subject of a Council decision imposing an interest-bearing deposit or an annual fine in accordance with this Regulation. The Member State's participation in such an exchange of views is voluntary. |
| --- | --- |

(10c)

Furthermore, strengthening economic governance should include a closer and more timely involvement of the European Parliament and the national parliaments. While recognising that the counterparts of the European Parliament in the framework of the dialogue are the relevant institutions of the Union and their representatives, the competent committee of the European Parliament may offer an opportunity to participate in an exchange of views to a Member State which is the subject of a Council decision imposing an interest-bearing deposit or an annual fine in accordance with this Regulation. The Member State's participation in such an exchange of views is voluntary.

Amendment 25

Proposal for a regulation

Recital 11

| (11) | Member States whose currency is the euro and which are subject to an excessive deficit procedure should be monitored more closely to secure a
  full
  and timely correction of the excessive deficit. A closer monitoring should ensure early correction of any deviations from the Council recommendations to correct the excessive deficit. Such monitoring should complement the provisions set out in Regulation (EC) No 1467/97. The modalities of this closer monitoring should be graduated depending on the stage of the procedure the Member State is subject to, as provided for in Article 126 of the Treaty. |
| --- | --- |

(11)

Member States whose currency is the euro and which are subject to an excessive deficit procedure should be monitored more closely to secure a
  full
  and timely correction of the excessive deficit. A closer monitoring should ensure early correction of any deviations from the Council recommendations to correct the excessive deficit. Such monitoring should complement the provisions set out in Regulation (EC) No 1467/97. The modalities of this closer monitoring should be graduated depending on the stage of the procedure the Member State is subject to, as provided for in Article 126 of the Treaty.

| (11) | Member States whose currency is the euro and which are subject to an excessive deficit procedure should be monitored more closely to secure a
  coherent, sustainable
  and timely correction of the excessive deficit. A closer monitoring should ensure early
  prevention and
  correction of any deviations from the Council recommendations to correct the excessive deficit
  or from the country-specific recommendations.
  Such monitoring should complement the provisions set out in Regulation (EC) No 1467/97. The modalities of this closer monitoring should be graduated depending on the stage of the procedure the Member State is subject to, as provided for in Article 126 TFEU.
  Member States that are subject to an excessive deficit procedure should present an economic partnership programme including a detailed description of the structural reforms. It is essential that such structural reforms be put in place and implemented to ensure an effective and durable correction of their excessive deficits. Where appropriate, the social partners should be involved in accordance with national law and practices. |
| --- | --- |

(11)

Member States whose currency is the euro and which are subject to an excessive deficit procedure should be monitored more closely to secure a
  coherent, sustainable
  and timely correction of the excessive deficit. A closer monitoring should ensure early
  prevention and
  correction of any deviations from the Council recommendations to correct the excessive deficit
  or from the country-specific recommendations.
  Such monitoring should complement the provisions set out in Regulation (EC) No 1467/97. The modalities of this closer monitoring should be graduated depending on the stage of the procedure the Member State is subject to, as provided for in Article 126 TFEU.
  Member States that are subject to an excessive deficit procedure should present an economic partnership programme including a detailed description of the structural reforms. It is essential that such structural reforms be put in place and implemented to ensure an effective and durable correction of their excessive deficits. Where appropriate, the social partners should be involved in accordance with national law and practices.

Amendment 26

Proposal for a regulation

Recital 12

| (12) | The
  closer monitoring for Member States subject to an excessive deficit procedure
  should allow the identification of risks in the compliance of a Member State's deadline to correct the excessive deficit. In the event of such risks being identified,
  the Commission should
  issue a recommendation to
  the Member State
  for measures to be taken within a given timeframe that should be presented to the Parliament of the Member State concerned at its request. This assessment should allow rapid correction of any developments putting at risk the correction of the excessive deficit within the established deadline. Assessment of compliance with this Commission recommendation should be part of the continuous assessment made by the Commission of effective action to correct an excessive deficit. When deciding whether effective action to correct the excessive deficit has been taken, the Council should also base its decision on whether or not the Member State complied with the Commission recommendation
  . |
| --- | --- |

(12)

The
  closer monitoring for Member States subject to an excessive deficit procedure
  should allow the identification of risks in the compliance of a Member State's deadline to correct the excessive deficit. In the event of such risks being identified,
  the Commission should
  issue a recommendation to
  the Member State
  for measures to be taken within a given timeframe that should be presented to the Parliament of the Member State concerned at its request. This assessment should allow rapid correction of any developments putting at risk the correction of the excessive deficit within the established deadline. Assessment of compliance with this Commission recommendation should be part of the continuous assessment made by the Commission of effective action to correct an excessive deficit. When deciding whether effective action to correct the excessive deficit has been taken, the Council should also base its decision on whether or not the Member State complied with the Commission recommendation
  .

| (12) | It is essential that
  closer monitoring for Member States subject to an excessive deficit procedure
  be undertaken in the context of an economic partnership programme. In that context,
  the Commission should
  invite
  the Member State
  to carry out a comprehensive assessment of in-year budgetary execution for the general government and its sub-sectors and to report regularly to the Commission and to the Economic and Financial Committee, for the general government and its sub-sectors, the in-year budgetary execution, the budgetary impact of discretionary measures taken on both the expenditure and the revenue side, targets for the government expenditure and revenues, as well as information on the measures adopted and the nature of those envisaged to achieve the targets
  . |
| --- | --- |

(12)

It is essential that
  closer monitoring for Member States subject to an excessive deficit procedure
  be undertaken in the context of an economic partnership programme. In that context,
  the Commission should
  invite
  the Member State
  to carry out a comprehensive assessment of in-year budgetary execution for the general government and its sub-sectors and to report regularly to the Commission and to the Economic and Financial Committee, for the general government and its sub-sectors, the in-year budgetary execution, the budgetary impact of discretionary measures taken on both the expenditure and the revenue side, targets for the government expenditure and revenues, as well as information on the measures adopted and the nature of those envisaged to achieve the targets
  .

Amendment 27

Proposal for a regulation

Recital 12 a (new)

| (12a) | In order to ensure the proper functioning of economic and monetary union and respect for budgetary discipline, it is indispensable to safeguard the stability in the euro area as a whole and therefore to strengthen the efficiency and the resilience of the euro area financial system to adverse shocks, to address liquidity constraints as well as negative externalities related to the fragmentation of the sovereign bond markets and to reduce marginal funding costs for Member States facing funding pressures. For that overarching purpose, it is necessary to adopt a roadmap towards euro area common sovereign debt instruments including the establishment of an enhanced economic policy coordination framework. As a first step for the coordinated and common issuance of euro area sovereign debt instruments, it is essential that a redemption fund be established over a period of approximately 25 years together with the coordination of euro area Member State debt issuance. This first step is without prejudice to the implementation of further steps in the roadmap before the end of that period. |
| --- | --- |

(12a)

In order to ensure the proper functioning of economic and monetary union and respect for budgetary discipline, it is indispensable to safeguard the stability in the euro area as a whole and therefore to strengthen the efficiency and the resilience of the euro area financial system to adverse shocks, to address liquidity constraints as well as negative externalities related to the fragmentation of the sovereign bond markets and to reduce marginal funding costs for Member States facing funding pressures. For that overarching purpose, it is necessary to adopt a roadmap towards euro area common sovereign debt instruments including the establishment of an enhanced economic policy coordination framework. As a first step for the coordinated and common issuance of euro area sovereign debt instruments, it is essential that a redemption fund be established over a period of approximately 25 years together with the coordination of euro area Member State debt issuance. This first step is without prejudice to the implementation of further steps in the roadmap before the end of that period.

Amendment 28

Proposal for a regulation

Recital 12 b (new)

| (12b) | In applying this Regulation, the Council and the Commission should fully respect the role of the social partners, as well as differences between national systems, such as those relating to wage formation. |
| --- | --- |

(12b)

In applying this Regulation, the Council and the Commission should fully respect the role of the social partners, as well as differences between national systems, such as those relating to wage formation.

Amendment 29

Proposal for a regulation

Recital 13

| (13) | In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committee of the European Parliament may offer the opportunity to the Member State concerned by a Commission recommendation to participate in an exchange of views
  , |
| --- | --- |

(13)

In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committee of the European Parliament may offer the opportunity to the Member State concerned by a Commission recommendation to participate in an exchange of views
  ,

| (13) | In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committee of the European Parliament may offer the opportunity to the Member State concerned by a Commission recommendation to participate in an exchange of views
  . Rules should also be provided for strengthening accountability
  ,
  transparency and scrutiny of budgetary and more broadly euro area economic policy surveillance and coordination, in accordance with democratic principles. To that end, specific provisions should be provided for, in accordance with national practices for involving national parliaments, the social partners and civil society organisations. |
| --- | --- |

(13)

In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committee of the European Parliament may offer the opportunity to the Member State concerned by a Commission recommendation to participate in an exchange of views
  . Rules should also be provided for strengthening accountability
  ,
  transparency and scrutiny of budgetary and more broadly euro area economic policy surveillance and coordination, in accordance with democratic principles. To that end, specific provisions should be provided for, in accordance with national practices for involving national parliaments, the social partners and civil society organisations.

Amendment 30

Proposal for a regulation

Recital 13 a (new)

| (13a) | Budgetary plans and structural reforms should be consistent with the protection of social rights and should avoid increasing inequalities. Therefore budgetary discipline should not be implemented to the detriment of medium and long-term means required for a sustainable and environmentally friendly transformation of the economy in line with the Union strategy for jobs and growth and the 2050 climate change objectives. |
| --- | --- |

(13a)

Budgetary plans and structural reforms should be consistent with the protection of social rights and should avoid increasing inequalities. Therefore budgetary discipline should not be implemented to the detriment of medium and long-term means required for a sustainable and environmentally friendly transformation of the economy in line with the Union strategy for jobs and growth and the 2050 climate change objectives.

Amendment 31

Proposal for a regulation

Recital 13 b (new)

| (13b) | Tax policy plays a crucial role for enhancing the effectiveness and fairness of budgetary plans while contributing to sustainable growth. A comprehensive set of measures and legislative initiatives such as a European financial transaction tax and a common consolidated corporate tax base should be swiftly adopted at the Union and at the national level in order to remove unjustified exceptions, broaden the tax base, improve the efficiency of tax collection, tackle tax evasion and apply comprehensively the 'polluter pays' principle. |
| --- | --- |

(13b)

Tax policy plays a crucial role for enhancing the effectiveness and fairness of budgetary plans while contributing to sustainable growth. A comprehensive set of measures and legislative initiatives such as a European financial transaction tax and a common consolidated corporate tax base should be swiftly adopted at the Union and at the national level in order to remove unjustified exceptions, broaden the tax base, improve the efficiency of tax collection, tackle tax evasion and apply comprehensively the 'polluter pays' principle.

Amendment 32

Proposal for a regulation

Article 1 – paragraph 1 – introductory part

1.   This Regulation sets out provisions for enhanced monitoring of budgetary policies in the euro area by:

1.   This Regulation sets out provisions for enhanced monitoring of budgetary
  and economic
  policies
  and an enhanced economic policy coordination framework
  in the euro area by:

Amendment 33

Proposal for a regulation

Article 1 – paragraph 1 – point a a (new)

| (aa) | complementing the procedure for prevention and correction of excessive macroeconomic imbalances as established by Regulation (EU) No 1174/2011; |
| --- | --- |

(aa)

complementing the procedure for prevention and correction of excessive macroeconomic imbalances as established by Regulation (EU) No 1174/2011;

Amendment 34

Proposal for a regulation

Article 1 – paragraph 1 – point c a (new)

| (ca) | guaranteeing the compatibility between budgetary policies and the procedure for prevention and correction of excessive macroeconomic imbalances as established by Regulation (EU) No 1174/2011, through a closer monitoring of Member States' national reform programmes and any economic partnership programmes, in order to ensure sustainable compliance and convergence within the euro area. |
| --- | --- |

(ca)

guaranteeing the compatibility between budgetary policies and the procedure for prevention and correction of excessive macroeconomic imbalances as established by Regulation (EU) No 1174/2011, through a closer monitoring of Member States' national reform programmes and any economic partnership programmes, in order to ensure sustainable compliance and convergence within the euro area.

Amendment 35

Proposal for a regulation

Article 1 – paragraph 1 a (new)

1a.
     
  This Regulation shall be applied in full compliance with Article 152 TFEU and the recommendations adopted under this Regulation shall be applied in a manner fully respecting practices and institutions for wage formation. The application of this Regulation and those recommendations shall take into account Article 28 of the Charter of Fundamental Rights of the European Union, and, accordingly, shall not affect the right to negotiate, conclude or enforce collective agreements and to take collective action in accordance with national law and practices.

Amendment 36

Proposal for a regulation

Article 2 – paragraph 1 – point 1

| (1) | "
  independent
  fiscal council" means
  a
  body endowed with functional autonomy vis-à-vis the
  fiscal
  authorities of the Member State in charge of monitoring the implementation of national fiscal rules; |
| --- | --- |

(1)

"
  independent
  fiscal council" means
  a
  body endowed with functional autonomy vis-à-vis the
  fiscal
  authorities of the Member State in charge of monitoring the implementation of national fiscal rules;

| (1) | "fiscal council" means
  an independent and technically competent
  body endowed with functional autonomy vis-à-vis the
  budgetary
  authorities of the Member State in charge of monitoring the implementation of national fiscal rules; |
| --- | --- |

(1)

"fiscal council" means
  an independent and technically competent
  body endowed with functional autonomy vis-à-vis the
  budgetary
  authorities of the Member State in charge of monitoring the implementation of national fiscal rules;

Amendment 37

Proposal for a regulation

Article 2 – paragraph 1 – point 2

| (2) | "independent macroeconomic forecasts" means the macroeconomic
  and/or budgetary
  forecasts produced by an independent body
  or a body
  endowed with functional autonomy vis-à-vis the
  fiscal
  authorities of the Member State; |
| --- | --- |

(2)

"independent macroeconomic forecasts" means the macroeconomic
  and/or budgetary
  forecasts produced by an independent body
  or a body
  endowed with functional autonomy vis-à-vis the
  fiscal
  authorities of the Member State;

| (2) | "independent macroeconomic forecasts" means the macroeconomic forecasts produced
  or endorsed
  by an independent
  and technically competent
  body endowed with functional autonomy vis-à-vis the
  budgetary
  authorities of the Member State
  which complies with the minimum requirements laid down in Annex I. The Commission shall ensure the comparability and coherence of the independent forecasts across Member States
  ; |
| --- | --- |

(2)

"independent macroeconomic forecasts" means the macroeconomic forecasts produced
  or endorsed
  by an independent
  and technically competent
  body endowed with functional autonomy vis-à-vis the
  budgetary
  authorities of the Member State
  which complies with the minimum requirements laid down in Annex I. The Commission shall ensure the comparability and coherence of the independent forecasts across Member States
  ;

Amendment 38

Proposal for a regulation

Article 2 – paragraph 1 – point 5

| (5) | ‘government’
  and
  ‘deficit’have the meaning' set out in Article 2 of the Protocol (No 12) on the excessive deficit procedure annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union. |
| --- | --- |

(5)

‘government’
  and
  ‘deficit’have the meaning' set out in Article 2 of the Protocol (No 12) on the excessive deficit procedure annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union.

| (5) | ‘government’
  ,
  ‘deficit’
  and 'debt' mean, respectively, ‘government’, ‘deficit’ and 'debt' as defined in Article 2 of the Protocol No 12 on the excessive deficit procedure annexed to the Treaty on European Union and the TFEU; |
| --- | --- |

(5)

‘government’
  ,
  ‘deficit’
  and 'debt' mean, respectively, ‘government’, ‘deficit’ and 'debt' as defined in Article 2 of the Protocol No 12 on the excessive deficit procedure annexed to the Treaty on European Union and the TFEU;

Amendment 39

Proposal for a regulation

Article 2 – paragraph 1 – point 5 a (new)

| (5a) | "Stability and Growth Pact" means the multilateral surveillance system laid down in Regulation (EC) No 1466/97 and the procedure for the avoidance of Member States' excessive deficit laid down in Article 126 TFEU and in Regulation (EC) No 1467/97; |
| --- | --- |

(5a)

"Stability and Growth Pact" means the multilateral surveillance system laid down in Regulation (EC) No 1466/97 and the procedure for the avoidance of Member States' excessive deficit laid down in Article 126 TFEU and in Regulation (EC) No 1467/97;

Amendment 40

Proposal for a regulation

Article 2 – paragraph 1 – point 5 b (new)

| (5b) | "a particularly serious non-compliance with the adjustment path towards the medium-term budgetary objective" means a deviation in the figures presented in the draft budget which is at least 1 % of GDP in a single year or at least 0,5 % of GDP on average per year in two consecutive years and that cannot be justified by exceptional circumstances or a severe economic downturn, after taking into account mitigating factors and spill-over effects, as described in Regulation (EC) No 1467/97 and Regulation (EU) No 1176/2011. |
| --- | --- |

(5b)

"a particularly serious non-compliance with the adjustment path towards the medium-term budgetary objective" means a deviation in the figures presented in the draft budget which is at least 1 % of GDP in a single year or at least 0,5 % of GDP on average per year in two consecutive years and that cannot be justified by exceptional circumstances or a severe economic downturn, after taking into account mitigating factors and spill-over effects, as described in Regulation (EC) No 1467/97 and Regulation (EU) No 1176/2011.

Amendment 41

Proposal for a regulation

Article 2 – paragraph 2 a (new)

2a.
     
  The application of this Regulation is without prejudice to Article 9 TFEU.

Amendment 42

Proposal for a regulation

Chapter I a (new)

Chapter Ia

Economic policy coordination

Article 2a

Timeline for the European Semester for economic policy coordination referred to Article 2-a of Regulation (EC) No 1466/97

1.
     
  The Member States' budgetary procedure shall be coherent with the framework of the European Semester, in accordance with an annual cycle which includes:

| (a) | the Spring European Council policy orientations to individual Member States, based on the Annual Growth Survey, including the Commission's draft Joint Employment Report, and the annual reports under Article 3 of Regulation (EU) No 1176/2011; such policy orientations will provide guidance to Member States in the drafting of their national reform programmes and their stability or convergence programmes, to be presented by Member States in April in accordance with Article 4(1) and Article 8(1) of Regulation (EC) No 1466/97; |
| --- | --- |

(a)

the Spring European Council policy orientations to individual Member States, based on the Annual Growth Survey, including the Commission's draft Joint Employment Report, and the annual reports under Article 3 of Regulation (EU) No 1176/2011; such policy orientations will provide guidance to Member States in the drafting of their national reform programmes and their stability or convergence programmes, to be presented by Member States in April in accordance with Article 4(1) and Article 8(1) of Regulation (EC) No 1466/97;

| (b) | the Summer European Council endorsement of the country-specific policy recommendations, according to the Commission opinions on the adequacy of Member States' national reform programmes and stability or convergence programmes, presented in accordance with Articles 121 and 148 TFEU. |
| --- | --- |

(b)

the Summer European Council endorsement of the country-specific policy recommendations, according to the Commission opinions on the adequacy of Member States' national reform programmes and stability or convergence programmes, presented in accordance with Articles 121 and 148 TFEU.

Amendment 43

Proposal for a regulation

Chapter 2 – title

Amendment 44

Proposal for a regulation

Article 3 – paragraph 1

1.   Member States shall make public
  annually
  their medium-term fiscal plans in accordance with their medium-term budgetary framework based on independent macroeconomic
  forecast
  together with their
  Stability Programmes, no later than 15 April
  .

1.   Member States shall
  , in the context of the European Semester
  make public
  , preferably by 15 April but
  no later than
  30 April each year,
  their
  national
  medium-term fiscal plans in accordance with their medium-term budgetary framework
  ,
  based on
  credible and
  independent macroeconomic
  forecasts
  .
  Such plans shall be presented
  together with
  the national reform programmes and the stability or convergence programmes and shall be fully consistent with the policy orientations based on the annual growth survey and the annual reports under Article 3 of Regulation (EU) No 1176/2011.

Amendment 45

Proposal for a regulation

Article 3 – paragraph 3

3.   Budget laws for the general government shall be adopted and made public annually no later than 31 December.

3.   Budget laws for the general government shall be adopted and made public annually no later than 31 December.
  Member States shall have in place reversionary budget procedures to be applied where objectively justified for reasons beyond the control of the Member State's government, the budget is not adopted or agreed and made public by 31 December.

Amendment 46

Proposal for a regulation

Article 4 – paragraph 1

1.   Member States shall have in place numerical fiscal rules
  on the budget balance
  that implement in the national budgetary processes their medium-term budgetary objective as defined in Article 2a of Regulation (EC) No 1466/97. Such rules shall cover the general government as a whole
  and be of binding, preferably constitutional, nature
  .

1.   Member States shall have in place numerical fiscal rules that implement in the national budgetary processes their medium-term budgetary objective as defined in Article 2a of Regulation (EC) No 1466/97.
  Those rules shall also include the definition of exceptional circumstances and severe economic downturns which may lead to temporary deviation from the medium-term budgetary objective or the adjustment path towards it, provided that such deviation does not endanger fiscal sustainability in the medium term, as set out in Articles 5 and 6 of Regulation (EC) No 1466/97. Those rules shall include a mechanism, to be triggered in the case of significant deviation from the medium-term budgetary objective or the adjustment path towards it, aiming at ensuring a timely return to the medium-term objective
  . Such rules shall cover the general government as a whole
  and shall be binding or otherwise guaranteed to be fully respected and complied with throughout the national budgetary process
  .

Amendment 47

Proposal for a regulation

Article 4 – paragraph 2

2.   Member States shall have in place
  an independent
  fiscal council for monitoring the implementation of national fiscal rules as referred to in paragraph 1.

2.   Member States shall have in place
  a
  fiscal council for monitoring
  both ex ante and ex post
  the implementation of national fiscal rules
  which complies with the minimum requirements laid down in Annex I
  .

Amendment 48

Proposal for a regulation

Article 5 – paragraph 1

1.   Member States shall submit annually to the Commission and the Eurogroup a draft budgetary plan for the forthcoming year no later than
  15 October
  .

1.   Member States shall submit annually to the Commission and the Eurogroup a draft budgetary plan for the forthcoming year no later than
  1 October, taking into account the country-specific policy recommendations of the Summer European Council and any recommendations addressed to the Member State in the context of the Stability and Growth Pact or the macroeconomic imbalances procedure as established by Regulations (EU) No 1174/2011 and (EU) 1176/2011
  .

Amendment 49

Proposal for a regulation

Article 5 – paragraph 2

2.   The draft budgetary plan shall be made public
  at the same time
  .

2.   The draft budgetary plan,
  as set out in this Article
  , shall be made public
  when submitted to the Commission
  .

Amendment 50

Proposal for a regulation

Article 5 – paragraph 3 – point b

| (b) | the projections at unchanged policies for expenditure and revenue as a percentage of GDP for the general government and their main components.; |
| --- | --- |

(b)

the projections at unchanged policies for expenditure and revenue as a percentage of GDP for the general government and their main components.;

| (b) | the projections at unchanged policies for expenditure and revenue as a percentage of GDP for the general government and their main components;
  those projections shall cover both current expenditure and investment expenditure and, to that end, clear budgetary targets on current and investment expenditure shall be set and, in the case of investment expenditure, an evaluation of its economic returns shall be published; |
| --- | --- |

(b)

the projections at unchanged policies for expenditure and revenue as a percentage of GDP for the general government and their main components;
  those projections shall cover both current expenditure and investment expenditure and, to that end, clear budgetary targets on current and investment expenditure shall be set and, in the case of investment expenditure, an evaluation of its economic returns shall be published;

Amendment 51

Proposal for a regulation

Article 5 – paragraph 3 – point c a (new)

| (ca) | details of the expenditure directly linked to the achievement of the Union strategy for growth and jobs, including public investment, together with details of the link with the achievement of the budgetary objectives in the long term as well as a social impact assessment of the measures provided for in the budgetary plan; |
| --- | --- |

(ca)

details of the expenditure directly linked to the achievement of the Union strategy for growth and jobs, including public investment, together with details of the link with the achievement of the budgetary objectives in the long term as well as a social impact assessment of the measures provided for in the budgetary plan;

Amendment 52

Proposal for a regulation

Article 5 – paragraph 3 – point d

| (d) | a detailed description and a well-documented quantification of the measures to be included in the budget for the year to come in order to bridge the gap between the targets referred to in
  point
  (c) and the projections at unchanged policies provided in accordance with point (b). The description may be less detailed for measures with a budgetary impact estimated to be lower than 0,1 % of GDP. Particular attention shall be paid to major fiscal policy reform plans with potential spillover effects for other Member States whose currency is the euro. |
| --- | --- |

(d)

a detailed description and a well-documented quantification of the measures to be included in the budget for the year to come in order to bridge the gap between the targets referred to in
  point
  (c) and the projections at unchanged policies provided in accordance with point (b). The description may be less detailed for measures with a budgetary impact estimated to be lower than 0,1 % of GDP. Particular attention shall be paid to major fiscal policy reform plans with potential spillover effects for other Member States whose currency is the euro.

| (d) | a detailed description and a well-documented quantification of the measures to be included in the budget for the year to come in order to bridge the gap between the targets referred to in
  points
  (c)
  and (ca)
  and the projections at unchanged policies provided in accordance with point (b). The description may be less detailed for measures with a budgetary impact estimated to be lower than 0,1 % of GDP. Particular
  and explicit
  attention shall be paid to major fiscal policy reform plans with potential spill-over effects for other Member States whose currency is the euro; |
| --- | --- |

(d)

a detailed description and a well-documented quantification of the measures to be included in the budget for the year to come in order to bridge the gap between the targets referred to in
  points
  (c)
  and (ca)
  and the projections at unchanged policies provided in accordance with point (b). The description may be less detailed for measures with a budgetary impact estimated to be lower than 0,1 % of GDP. Particular
  and explicit
  attention shall be paid to major fiscal policy reform plans with potential spill-over effects for other Member States whose currency is the euro;

Amendment 53

Proposal for a regulation

Article 5 – paragraph 3 – point e

| (e) | the main assumptions about expected economic developments and important economic variables which are relevant to the achievement of the budgetary targets.
  These assumptions shall be based on independent macroeconomic growth forecast
  ; |
| --- | --- |

(e)

the main assumptions about expected economic developments and important economic variables which are relevant to the achievement of the budgetary targets.
  These assumptions shall be based on independent macroeconomic growth forecast
  ;

| (e) | the main assumptions about expected economic developments and important economic variables which are relevant to the achievement of the budgetary targets
  set in accordance with Article 4 of Directive 2011/85/EU
  .
  The macroeconomic and budgetary forecasts shall include an estimation of the assumed impact on potential output and macroeconomic multiplier effects. The methodology, the economic and econometric underlying models and assumptions, as well as any other relevant parameter underpinning independent macroeconomic forecast shall be annexed to the annual medium-term fiscal plans
  ; |
| --- | --- |

(e)

the main assumptions about expected economic developments and important economic variables which are relevant to the achievement of the budgetary targets
  set in accordance with Article 4 of Directive 2011/85/EU
  .
  The macroeconomic and budgetary forecasts shall include an estimation of the assumed impact on potential output and macroeconomic multiplier effects. The methodology, the economic and econometric underlying models and assumptions, as well as any other relevant parameter underpinning independent macroeconomic forecast shall be annexed to the annual medium-term fiscal plans
  ;

Amendment 54

Proposal for a regulation

Article 5 – paragraph 3 – point f

| (f) | where applicable, additional indications on how the current recommendations addressed to the Member State concerned in accordance with
  Article
  121 of the Treaty in the budgetary area
  will be met
  . |
| --- | --- |

(f)

where applicable, additional indications on how the current recommendations addressed to the Member State concerned in accordance with
  Article
  121 of the Treaty in the budgetary area
  will be met
  .

| (f) | where applicable, additional indications on how the current recommendations addressed to the Member State concerned in accordance with
  Articles
  121
  and 148 TFEU will be met
  in accordance with points (a) to (ca); |
| --- | --- |

(f)

where applicable, additional indications on how the current recommendations addressed to the Member State concerned in accordance with
  Articles
  121
  and 148 TFEU will be met
  in accordance with points (a) to (ca);

Amendment 55

Proposal for a regulation

Article 5 – paragraph 3 – point f a (new)

| (fa) | a quantification of the public investment needs and, as appropriate, of the budgetary impact together with an evaluation of the economic returns of the measures foreseen in the national reform programmes; |
| --- | --- |

(fa)

a quantification of the public investment needs and, as appropriate, of the budgetary impact together with an evaluation of the economic returns of the measures foreseen in the national reform programmes;

Amendment 56

Proposal for a regulation

Article 5 – paragraph 3 – point f b (new)

| (fb) | an analysis of the contribution of reforms and investments included in the national reform programmes to the achievement of the objectives of stability programmes including a cost-benefit analysis of the reforms from a budgetary point of view. |
| --- | --- |

(fb)

an analysis of the contribution of reforms and investments included in the national reform programmes to the achievement of the objectives of stability programmes including a cost-benefit analysis of the reforms from a budgetary point of view.

Amendment 57

Proposal for a regulation

Article 5 – paragraph 4

4.   Where the budgetary targets reported in the draft budgetary plan in accordance with points (a) and
  (c)
  of paragraph 3 or the projections at unchanged policies differ from those in the most recent stability programme, the differences shall be duly explained.

4.   Where the budgetary targets reported in the draft budgetary plan in accordance with points (a) and
  (ca)
  of paragraph 3 or the projections at unchanged policies differ from those in the most recent stability programme, the differences shall be duly explained.

Amendment 58

Proposal for a regulation

Article 5 – paragraph 4 a (new)

4a.
     
  The medium-term fiscal plans shall contain an updated projection of multiannual expenditure as a percentage of GDP for the general government and their main components as well as multiannual targets and commitments on expenditure earmarked to the achievement of the objectives embedded in the Union strategy for growth and jobs.

Amendment 59

Proposal for a regulation

Article 5 – paragraph 5

5.   
  Where
  the Commission
  identifies particularly serious non-compliance with the budgetary policy obligations laid down in the Stability and Growth Pact, it shall, within two weeks from the submission of the draft budgetary plan, request a revised draft budgetary plan from the Member State concerned. This request shall be made public.

Paragraphs 2 to 4
  shall apply in case of revised draft budgetary plan.

5.   The Commission
  shall be empowered to adopt delegated acts in accordance with Article -11 specifying the content of the draft budgetary plan referred to in paragraph 1 and the content of the provisions referred to in
  paragraphs 2 to 4
  .

Amendment 60

Proposal for a regulation

Article 6 – paragraph -1 (new)

-1.
     
  Where the Commission identifies a particularly serious non-compliance of the draft budgetary plan with the adjustment path towards the medium-term budgetary objective, it may request a revised draft budgetary plan, after adequate consultation of and explanation by the Member State. The request shall be made up to one month from the submission of the draft budgetary plan.

Article 5(2) and (4) shall apply to revised draft budgetary plans.

Amendment 61

Proposal for a regulation

Article 6 – paragraph 1

1.   The Commission shall
  , if necessary,
  adopt an opinion on the draft budgetary plan by
  30
  November.

1.   The Commission shall adopt an opinion on the draft budgetary plan
  of each Member State no later than 15
  November.

Amendment 62

Proposal for a regulation

Article 6 – paragraph 2

2.   The Commission opinion shall be made public and
  , at
  the request of the Parliament of the Member State concerned, shall be presented by the Commission to the Parliament concerned.

2.   The Commission opinion
  referred to in paragraph 1
  shall be made public and
  presented to the Eurogroup. At
  the request of the parliament of the Member State concerned
  or of the European Parliament, it
  shall be presented by the Commission to the parliament concerned.

Amendment 63

Proposal for a regulation

Article 6 – paragraph 3

3.   The Commission shall make an overall assessment of the budgetary situation and prospects in the euro area as a whole. The assessment shall be made public.

3.   The Commission shall make an overall assessment of the budgetary situation and prospects in the euro area as a whole. The
  overall
  assessment shall
  include stress tests that provide an indication of the risks to public finance sustainability in the event of adverse financial or budgetary developments. The assessment shall identify on a country-by-country basis potential negative spill-over effects on the sustainability of public finances of the Member States generated by their private sector or by other Member States.

The assessment shall
  be made public
  and shall be integrated in the forthcoming annual growth survey
  .
  The Commission shall annex to the assessment a detailed summary of the Spring and Autumn forecasts for the euro area as a whole. The chosen baseline scenario for the assessment shall be described with reasoning and shall be built on a balanced account of downside and upside risks in order to consider the complete range of possible outcomes. The assessment shall disclose the methodologies, assumptions and relevant parameters that underpin its macroeconomic forecasts and stress tests as well as an ex post evaluation of the previous year baseline scenario.

Amendment 64

Proposal for a regulation

Article 6 – paragraph 4

4.   The Eurogroup shall discuss opinions of the Commission on the national budgetary plans and the budgetary situation and prospects in the euro area as a whole on the basis of the overall assessment made by the Commission in accordance with paragraph 3. The
  assessment
  shall be made public.

4.   The Eurogroup
  and the relevant committee of the European Parliament
  shall discuss opinions of the Commission on the national budgetary plans and the budgetary situation and prospects in the euro area as a whole on the basis of the overall assessment made by the Commission in accordance with paragraph 3. The
  outcome of that discussion
  shall be made public
  and shall be taken into account in the following European Semester, in particular in the annual growth survey
  .

Amendment 65

Proposal for a regulation

Article 6 – paragraph 4 a (new)

4a.
     
  Following the discussions between the Eurogroup and the relevant committee of the European Parliament, if appropriate the Commission shall update its specific recommendations in the framework of the annual growth survey aiming at reinforcing the common macroeconomic framework of the euro area as well as outlining supportive measures foreseen in case of adverse financial, economic or budgetary developments.

Amendment 66

Proposal for a regulation

Article 6 a (new)

Article 6a

Reporting on debt issuance

1.
     
  Member States shall report to the Commission and the Eurogroup, ex-ante and in a timely manner, on their national debt issuance plans.

2.
     
  The form and content of the reporting referred to in paragraph 1 shall be harmonised and laid down by the Commission in cooperation with the Member States.

3.
     
  Issues relating to the annual debt issuance plan of the Member States, such as financial needs, renewal of outstanding debt, shall not be made public.

Amendment 67

Proposal for a regulation

Chapter III a (new)

Chapter IIIa

Establishment of a roadmap for enhanced economic policy coordination, a growth facility and a framework for enhanced debt issuance

Article 6b

Roadmap for enhanced economic policy coordination framework and growth facility

1.
     
  By ... (6), the Commission shall present a report establishing a roadmap towards euro area stability bonds. It shall also present a proposal for a euro area sustainable growth instrument aiming at mobilising approximately 1 % of GDP per year over a period of ten years, including an increase in the capital of the EIB and project bonds, to be invested in European infrastructure including science and technology. The instrument shall aim at creating the necessary conditions for sustainable growth in order to ensure the proper functioning of economic and monetary union and to safeguard the stability of the euro and thereby the sustainable coordination of Member States' budgetary discipline.

2.
     
  The steps set up in Articles 6c and 6d are without prejudice of further steps being implemented before the end of this period.

Article 6c

Coordination of euro area Member State debt issuance

1.
     
  With a view to better coordinating the planning and placement of their national debt issuance, Member States shall report ex ante on their public debt issuance plans to the Commission and to the Council.

2.
     
  Member States whose currency is the euro shall seek to improve the financing conditions of their pubic debt by agreeing, following a proposal by the Commission, an annual coordinated public debt issuance framework.

3.
     
  Member States cooperating under paragraph 2 may further improve and stabilise their financing conditions on the basis of the prevailing economic fundamentals and market conditions and following a methodology to be established by a regulation of the European Parliament and the Council.

Article 6d

European redemption fund

1.
     
  As an element of the first step of the roadmap referred to in Article 6a, a European redemption fund (ERF) based on joint liability and strict fiscal discipline shall be established with the aim of reducing excessive debt over a period of 25 years to be adjusted according to actual growth figures. Following that period, the ERF shall be wound up.

2.
     
  Member States whose currency is the euro and who are not subject to an assistance or adjustment programme shall:

| (a) | transfer debt amounts above 60 % of GDP to the ERF over a roll-in period of five years; |
| --- | --- |

(a)

transfer debt amounts above 60 % of GDP to the ERF over a roll-in period of five years;

| (b) | have in place numerical fiscal rules that implement in the national budgetary processes their medium-term budgetary objective as described in Article 2a of Regulation (EC) No 1466/97; |
| --- | --- |

(b)

have in place numerical fiscal rules that implement in the national budgetary processes their medium-term budgetary objective as described in Article 2a of Regulation (EC) No 1466/97;

| (c) | implement a fiscal consolidation strategy and a structural reform agenda; |
| --- | --- |

(c)

implement a fiscal consolidation strategy and a structural reform agenda;

| (d) | lodge guarantees to adequately cover loans provided by the ERF; |
| --- | --- |

(d)

lodge guarantees to adequately cover loans provided by the ERF;

| (e) | reduce their structural deficit during the roll-in period to comply with the budget rule in point (b). |
| --- | --- |

(e)

reduce their structural deficit during the roll-in period to comply with the budget rule in point (b).

3.
     
  The Commission shall ensure the setting up and day-to-day management of the ERF, the details of which should be established in a Regulation from the European Parliament and the Council.

4.
     
  Participation in the ERF shall be open to other Member States as from the entry into force of the decision of the Council of the European Union taken in accordance with Article 140(2) TFEU to abrogate their derogation from adopting the euro.

5.
     
  Member States shall implement provisions in national law to ensure winding up and terminating the ERF after a maximum of 25 years adjustable according to actual growth figures.

Amendment 68

Proposal for a regulation

Article -7 (new)

Article -7

Economic partnership programmes

1.
     
  If the Council, acting under Article 126(6) TFEU, decides that an excessive deficit exists in a Member State, the Member State concerned shall present to the Commission and to the Council an economic partnership programme describing the policy measures and structural reforms that are needed to ensure an effectively durable correction of the excessive deficit, as a detailed development of its national reform programme and its stability programme and fully taking into account the Council recommendations on the implementation of the integrated guidelines for the economic and employment policies of the Member State concerned.

2.
     
  The economic partnership programme shall be fully consistent with the policies referred to in Article 1.

The economic partnership programme shall identify and select a number of specific budgetary priorities aiming at stabilising the economy in the short term, enhancing long-term sustainable growth and addressing structural weaknesses in the Member State concerned. Those priorities shall be aimed at rebalancing competitiveness according to the creation of European Added Value and shall be consistent with the Union strategy for growth and jobs. The Member State, in close coordination with the Commission, shall prepare a report outlining the selected programmes and projects including an action plan aiming at identifying, frontloading and mobilising financial resources, including EIB credit lines and relevant Union financial instruments. That report shall be updated on an annual basis.

3.
     
  In the event of a severe economic downturn as defined in Article 2(2) of Council Regulation (EC) No 1467/97 or of a significant downside correction of forecasts, the Member State concerned shall adopt an updated adjustment path towards the medium-term budgetary objective to be agreed with the Commission taking into proper account pro-cyclical effects of consolidation measures. The application of the debt rule shall be coherently adjusted.

4.
     
  The economic partnership programme shall be presented at the same time as the reports provided for in Article 3(4a) and Article 5(1a) of Regulation (EC) No 1467/97.

5.
     
  The Council, acting by qualified majority on a proposal from the Commission, shall adopt an opinion on the economic partnership programme.

6.
     
  If a corrective action plan exists in accordance with Article 8(1) of Regulation (EU) No 1176/2011, the measures referred to in paragraph 1 shall be included in that plan.

7.
     
  The implementation of the programme, and the annual budgetary plans consistent with it, shall be monitored by the Commission and by the Council.

8.
     
  The competent committee of the European Parliament may offer the opportunity to the Member State concerned and the Commission to participate to an exchange of views. The competent committee of the European Parliament may invite other committees of the European Parliament to join in that exchange of views.

Amendment 69

Proposal for a regulation

Article 7 – paragraph 1

1.   
  When
  the
  Council decides in accordance with Article 126(6) of the Treaty that an excessive deficit exists in a Member State,
  the Member State concerned shall
  be subject to paragraphs 2 to 5
  of this Article, until the abrogation of its excessive deficit procedure.

1.   
  For
  the
  purpose of monitoring the partnership programme referred to in Article -7(7),
  the Member State concerned,
  on a request from the Commission,
  shall
  fulfil the requirements described in paragraphs 2 to 6
  of this Article, until the abrogation of its excessive deficit procedure.

Amendment 70

Proposal for a regulation

Article 7 – paragraph 2

2.   The Member State
  subject to closer monitoring
  shall
  without delay
  carry out a comprehensive assessment of in-year budgetary execution for the general government and its sub-sectors. The financial risks associated to government-owned entities and
  government contracts
  shall also be covered by the assessment to the extent that they may contribute to the existence of an excessive deficit. The result of this assessment shall be included in the report submitted in accordance with Article 3(4a) or 5(1a) of Regulation (EC) No 1467/97 on action taken to correct the excessive deficit.

2.   
  On a request from the Commission,
  the Member State shall carry out a comprehensive assessment of in-year budgetary execution for the general government and its sub-sectors. The financial risks associated to government-owned entities and
  contingent liabilities with potentially large impacts on public budgets, as described in Council Directive 2011/85/EU
  shall also be covered by the assessment to the extent that they may contribute to the existence of an excessive deficit. The result of this assessment shall be included in the report submitted in accordance with Article 3(4a) or 5(1a) of Regulation (EC) No 1467/97 on action taken to correct the excessive deficit.

Amendment 71

Proposal for a regulation

Article 7 – paragraph 3

3.   Member State shall report regularly to the Commission and to the Economic and Financial Committee
  or any sub-committee it will designate for that purpose
  , for the general government and its sub-sectors, the in-year budgetary execution, the budgetary impact of discretionary measures taken on both the expenditure and the revenue side, targets for the government expenditure and revenues, as well as information on the measures adopted and the nature of those envisaged to achieve the targets. The report shall be made public.

3.   
  On a request from the Commission, the
  Member State shall report regularly to the Commission and to the Economic and Financial Committee, for the general government and its sub-sectors, the in-year budgetary execution, the budgetary impact of discretionary measures taken on both the expenditure and the revenue side, targets for the government expenditure and revenues, as well as information on the measures adopted and the nature of those envisaged to achieve the targets. The report shall be made public.

The Commission shall specify the content of the report referred to in this paragraph.

The Commission shall specify the content of the report referred to in this paragraph.

The competent committee of the European Parliament may offer the opportunity to the Member State concerned to participate in an exchange of views.

Amendment 72

Proposal for a regulation

Article 7 – paragraph 6 – point a

| (a) | carry out and report on a comprehensive independent audit of the accounts of the general government conducted in coordination with national supreme audit institutions, aiming at assessing the reliability, completeness and accuracy of these public accounts for the purposes of the excessive deficit procedure. In this context, the Commission (Eurostat) shall assess the quality of data reported by the Member State concerned in accordance with Regulation (EC) No 679/2010; |
| --- | --- |

(a)

carry out and report on a comprehensive independent audit of the accounts of the general government conducted in coordination with national supreme audit institutions, aiming at assessing the reliability, completeness and accuracy of these public accounts for the purposes of the excessive deficit procedure. In this context, the Commission (Eurostat) shall assess the quality of data reported by the Member State concerned in accordance with Regulation (EC) No 679/2010;

| (a) | carry out and report on a comprehensive independent audit of the accounts of the general government conducted in coordination with national supreme audit institutions, aiming at assessing the reliability, completeness and accuracy of these public accounts for the purposes of the excessive deficit procedure. In this context, the Commission (Eurostat) shall assess the quality of data reported by the Member State concerned in accordance with Regulation (EC) No 479/2009, as regards the quality of statistical data in the context of the excessive deficit procedure; |
| --- | --- |

(a)

carry out and report on a comprehensive independent audit of the accounts of the general government conducted in coordination with national supreme audit institutions, aiming at assessing the reliability, completeness and accuracy of these public accounts for the purposes of the excessive deficit procedure. In this context, the Commission (Eurostat) shall assess the quality of data reported by the Member State concerned in accordance with Regulation (EC) No 479/2009, as regards the quality of statistical data in the context of the excessive deficit procedure;

Amendment 73

Proposal for a regulation

Article 8 – paragraph 2

2.   In case of risks of non-compliance with the deadline to correct the excessive deficit, the Commission shall address a recommendation to the Member State concerned for
  adoption
  of
  further
  measures within a timeframe consistent with the deadline for the correction of its excessive deficit referred to in paragraph 1. The recommendation by the Commission shall be made public
  ,
  and
  ,
  at the request of the Parliament of the Member State concerned, shall be presented by the Commission to the Parliament concerned.

2.   Where there is a risk of non-compliance with the deadline to correct the excessive deficit
  and where those risks are not due to circumstances beyond the control of the Member State concerned,
  the Commission shall address a recommendation to the Member State concerned for
  the diligent implementation
  of
  the
  measures
  provided for in the initial recommendations
  within a timeframe consistent with the deadline for the correction of its excessive deficit referred to in paragraph 1. The recommendation by the Commission shall be made public, and, at the request of the parliament of the Member State concerned,
  it
  shall be presented by the Commission to the parliament concerned.

Amendment 74

Proposal for a regulation

Article 8 – paragraph 3

3.   Within the timeframe set by the Commission recommendation referred to in paragraph 2, the Member State concerned shall report to the Commission on measures
  adopted
  in response to this recommendation
  together with the reports provided for in Article 7(3). The report shall include the budgetary impact of all discretionary measures taken, targets for the government expenditure and revenues, information on the measures adopted and the nature of those envisaged to achieve the targets, as well as information on the other actions being taken in response to the Commission recommendation
  . The report shall be made public.

3.   Within the timeframe set by the Commission recommendation referred to in paragraph 2, the Member State concerned shall
  additionally
  report to the Commission on
  the
  measures
  implemented
  in response to this recommendation. The report shall be made public.

Amendment 75

Proposal for a regulation

Article -11 (new)

Article -11

Exercise of the delegation

1.
     
  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.
     
  The delegation of power referred to in Article 5(5) shall be conferred on the Commission for a period of three years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.
     
  The delegation of powers referred to in Article 5(5) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.
     
  A delegated act adopted pursuant to Article 5(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.

Amendment 76

Proposal for a regulation

Article -11 a (new)

Article -11a

Economic Dialogue

In order to enhance the dialogue between the Union institutions, in particular the European Parliament, the Council and the Commission, and to ensure greater transparency and accountability, the competent committee of the European Parliament may invite the President of the Council, the Commission and, where appropriate, the President of the European Council or the President of the Eurogroup to appear before the committee to discuss decisions taken pursuant to Article 5(5), Article 6(4), Article 7(5), Article 8(4) and Article 9(3).

The competent committee of the European Parliament may offer the opportunity to the Member State concerned by such decisions to participate in an exchange of views.

Amendment 77

Proposal for a regulation

Article 11 – paragraph 1 – point b a (new)

| (ba) | the contribution of this Regulation to the achievement of the Union strategy for growth and jobs. |
| --- | --- |

(ba)

the contribution of this Regulation to the achievement of the Union strategy for growth and jobs.

Amendment 78

Proposal for a regulation

Article 11 – paragraph 3 a (new)

3a.
     
  As soon as possible and no later than 31 December 2012, the Commission shall present a report to the European Parliament and to the Council examining the feasibility of options and making proposals for a possible roadmap towards common issuance of public debt instruments, taking account of financial, fiscal and legal conditions. The Commission shall pay particular attention to the feasibility of introducing a redemption fund which combines temporary common issuance of debt and strict rules on fiscal adjustment.

Amendment 79

Proposal for a regulation

Article 11 a (new)

Article 11a

Commission report

By ... (7), the Commission shall put forward a report, and if necessary a proposal, to the European Parliament and to the Council, setting out how coordination and ex ante discussions among Member States of any major economic and fiscal policy reform plans with potential spill-over effects are to operate, what form that coordination and those discussions are to take, what policies are contemplated, and the likely political consequences - to Member States and, in particular, to the national parliaments - of decisions arising from such coordination and ex ante discussions.

Amendment 80

Proposal for a regulation

Article 11 b (new)

Article 11b

European debt authority

By ... (8), the Commission shall put forward a report, and if necessary a proposal, to the European Parliament and to the Council, evaluating the possibility of the creation of a European debt authority, responsible for managing and coordinating all issues relating to the annual debt issuance plan of the Member States, the renewal of Member States' outstanding debt and the assessment of the sustainability of all Member States' government debt. The Commission's report shall also evaluate the possible annual publication of data relating to Member States' public debt, deficit and other macroeconomic indicators.

Amendment 81

Proposal for a regulation

Annex I (new)

Common principles for Independent Fiscal Institutions (IFIs)

| — | Ownership: without prejudice to the principles set out below, the characteristics of IFIs should be consistent with the Member State's legal framework and political and administrative system. Design choices may have to take into account capacity constraints in smaller Member States. |
| --- | --- |

—

Ownership: without prejudice to the principles set out below, the characteristics of IFIs should be consistent with the Member State's legal framework and political and administrative system. Design choices may have to take into account capacity constraints in smaller Member States.

| — | Mandate: the mandate of IFIs should be clearly defined in legislation to prevent unwarranted interference from fiscal authorities or unwarranted extension of its mandate at the expense of fiscal authorities' powers or the prerogatives of national parliaments. |
| --- | --- |

—

Mandate: the mandate of IFIs should be clearly defined in legislation to prevent unwarranted interference from fiscal authorities or unwarranted extension of its mandate at the expense of fiscal authorities' powers or the prerogatives of national parliaments.

| — | Resources: the resources allocated to IFIs should be commensurate with their mandate in order to fulfil it in a credible manner. |
| --- | --- |

—

Resources: the resources allocated to IFIs should be commensurate with their mandate in order to fulfil it in a credible manner.

| — | Accountability: statutory mechanisms should be put in place to encourage appropriate accountability to the legislature. The reports and analyses of IFIs should be published and made available free of charge. |
| --- | --- |

—

Accountability: statutory mechanisms should be put in place to encourage appropriate accountability to the legislature. The reports and analyses of IFIs should be published and made available free of charge.

| — | Leadership: senior appointments should be selected on the basis of merit, experience and technical competence, in particular as regards the budget process. The appointment process may involve several institutions, for instance through a parliamentary confirmation procedure or whereby several institutions designate each one or several members. Term lengths that the leadership of IFIs serve should be clearly specified in legislation, should be non-renewable, and should preferably extend beyond the parliamentary term. Termination of contracts should be strictly limited to cases where members are guilty of serious misconduct. |
| --- | --- |

—

Leadership: senior appointments should be selected on the basis of merit, experience and technical competence, in particular as regards the budget process. The appointment process may involve several institutions, for instance through a parliamentary confirmation procedure or whereby several institutions designate each one or several members. Term lengths that the leadership of IFIs serve should be clearly specified in legislation, should be non-renewable, and should preferably extend beyond the parliamentary term. Termination of contracts should be strictly limited to cases where members are guilty of serious misconduct.

| — | Staff: staff of IFIs should be selected through open competition based on merit and technical competence. Conditions of employment should be along the lines of that of the civil service. |
| --- | --- |

—

Staff: staff of IFIs should be selected through open competition based on merit and technical competence. Conditions of employment should be along the lines of that of the civil service.

| — | Access to information, transparency and communication policy: as a rule, IFIs should be guaranteed full access in legislation to all relevant information needed to discharge effectively their mandate in a timely manner. Any restrictions to the rule should also be clearly defined. Without prejudice to that legislation, the capability of IFIs to communicate in a timely manner through available media channels should not be impeded. If housed in another entity, it should be made clear that opinions only commit IFIs and not the host institution. |
| --- | --- |

—

Access to information, transparency and communication policy: as a rule, IFIs should be guaranteed full access in legislation to all relevant information needed to discharge effectively their mandate in a timely manner. Any restrictions to the rule should also be clearly defined. Without prejudice to that legislation, the capability of IFIs to communicate in a timely manner through available media channels should not be impeded. If housed in another entity, it should be made clear that opinions only commit IFIs and not the host institution.

---

(1)  The matter was then referred back to committee pursuant to Rule 57(2), second subparagraph (A7-0173/2012).

(2)  

  OJ L 306, 23.11.2011, p. 12.

(3)  

  OJ L 306, 23.11.2011, p. 33.

(4)  

  OJ L 306, 23.11.2011, p. 1.

(5)  

  OJ L 306, 23.11.2011, p. 25.

(6)  
  OJ please insert date: one month after entry into force of this Regulation.

(7)  
  OJ please insert date: three months after entry into force of this Regulation.

(8)  
  OJ please insert date: three months after entry into force of this Regulation.

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/177 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/177

---

Wednesday 13 June 2012Extension of the geographic scope of the EBRD to the Southern and Eastern Mediterranean ***I

P7_TA(2012)0244

European Parliament legislative resolution of 13 June 2012 on the proposal for a decision of the European Parliament and of the Council on amendments to the Agreement Establishing the European Bank for Reconstruction and Development (EBRD) extending the geographic scope of EBRD operations to the Southern and Eastern Mediterranean (COM(2011)0905 – C7-0523/2011 – 2011/0442(COD))

2013/C 332 E/33

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0905), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0905),

| — | having regard to Article 294(2) and Article 212 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0523/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 212 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0523/2011),

| — | having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

| — | having regard to the undertaking given by the Council representative by letter of 3 May 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 3 May 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 Economic and Monetary Affairs (A7-0142/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A7-0142/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out;

| 2. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

Wednesday 13 June 2012P7_TC1-COD(2011)0442

Position of the European Parliament adopted at first reading on 13 June 2012 with a view to the adoption of Decision No .../2012/EU of the European Parliament and of the Council on amendments to the Agreement Establishing the European Bank for Reconstruction and Development (EBRD) extending the geographic scope of EBRD operations to the Southern and Eastern Mediterranean

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 602/2012/EU.)

---

Thursday 14 June 2012

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/178 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/178

---

Thursday 14 June 2012Stock of herring distributed to the west of Scotland ***I

P7_TA(2012)0253

European Parliament legislative resolution of 14 June 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (COM(2011)0760 – C7-0432/2011 – 2011/0345(COD))

2013/C 332 E/34

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0760), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0760),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0432/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0432/2011),

| — | 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 18 January 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 18 January 2012 (1),

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Fisheries (A7-0145/2012), |
| --- | --- |

—

having regard to the report of the Committee on Fisheries (A7-0145/2012),

| 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 68, 6.3.2012, p. 74.

---

Thursday 14 June 2012P7_TC1-COD(2011)0345

Position of the European Parliament adopted at first reading on 14 June 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1300/2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Regulation (EC) No 1300/2008 [of 18 December 2008] establishing a multi-annual plan for the stock of herring distributed to the West of Scotland and the fisheries exploiting that stock (3) empowers the Council to follow-up and revise the maximum fishing mortality rates and associated spawning stock biomass levels specified in Article 3(2) and referred to in Articles 4(2), 4(5) and 9 thereof

  therein
  . [Am. 1] |
| --- | --- |

(1)

Council Regulation (EC) No 1300/2008 [of 18 December 2008] establishing a multi-annual plan for the stock of herring distributed to the West of Scotland and the fisheries exploiting that stock (3) empowers the Council to follow-up and revise the maximum fishing mortality rates and associated spawning stock biomass levels specified in Article 3(2) and referred to in Articles 4(2), 4(5) and 9 thereof

  therein
  . [Am. 1]

| (2) | In accordance with Article 290 of the Treaty the Commission may be empowered to supplement or amend non-essential elements of a legislative act by means of delegated acts.
  [Am. 2] |
| --- | --- |

(2)

In accordance with Article 290 of the Treaty the Commission may be empowered to supplement or amend non-essential elements of a legislative act by means of delegated acts.
  [Am. 2]

| (3) | In order to allow for an efficient achievement of

  ensure that
  the targets set in the multi-annual plan
  are achieved efficiently
  and for a swift

  that the
  reaction to changes in stock conditions
  is swift
  , the power to
  adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to
  revise maximum fishing mortality rates and associated spawning stock biomass levels, when scientific data indicate that these values are no longer appropriate to achieve the objective of the plan, should be delegated to the Commission in accordance with Article 290 of the Treaty.
  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. [Am. 3] |
| --- | --- |

(3)

In order to allow for an efficient achievement of

  ensure that
  the targets set in the multi-annual plan
  are achieved efficiently
  and for a swift

  that the
  reaction to changes in stock conditions
  is swift
  , the power to
  adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to
  revise maximum fishing mortality rates and associated spawning stock biomass levels, when scientific data indicate that these values are no longer appropriate to achieve the objective of the plan, should be delegated to the Commission in accordance with Article 290 of the Treaty.
  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. [Am. 3]

| (4) | Since herring in the west of Scotland is a migrating

  migratory
  species, the specification of the area it

  that the stock of herring distributed to the west of Scotland
  currently inhabits should serve to identify

  distinguish
  it from other stocks, but should not prevent this plan for

  from
  applying in the event that the species

  that stock
  changes its mobility patterns. Articles 1 and 2 should be modified accordingly. [Am. 4] |
| --- | --- |

(4)

Since herring in the west of Scotland is a migrating

  migratory
  species, the specification of the area it

  that the stock of herring distributed to the west of Scotland
  currently inhabits should serve to identify

  distinguish
  it from other stocks, but should not prevent this plan for

  from
  applying in the event that the species

  that stock
  changes its mobility patterns. Articles 1 and 2 should be modified accordingly. [Am. 4]

| (5) | It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
  [Am. 5] |
| --- | --- |

(5)

It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
  [Am. 5]

| (6) | The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
  [Am. 6] |
| --- | --- |

(6)

The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
  [Am. 6]

| (7) | At the occasion of this amendment, a mistake in the heading of Article 7 should be corrected.
  [Am. 7] |
| --- | --- |

(7)

At the occasion of this amendment, a mistake in the heading of Article 7 should be corrected.
  [Am. 7]

| (8) | Regulation (EC) No 1300/2008 should therefore be amended accordingly, |
| --- | --- |

(8)

Regulation (EC) No 1300/2008 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1300/2008 is amended as follows:

| (1) | Article 1 is replaced by the following:
  "Article 1


  Subject-matter

  This Regulation establishes a multi-annual plan for the fisheries exploiting the stock of herring in the West

  area west
  of Scotland." [Am. 8] |
| --- | --- |

(1)

Article 1 is replaced by the following:

"Article 1

Subject-matter

This Regulation establishes a multi-annual plan for the fisheries exploiting the stock of herring in the West

  area west
  of Scotland." [Am. 8]

| (2) | [In Article 2 the following point (e) is added:






  "(e) | "
  herring
  stock of herring in the West

  area west
  of Scotland" means the stock of herring (clupea harengus)
  distributed to the west of Scotland
  which
  currently
  inhabits Union and international waters of ICES divisions

  zones
  Vb, VIa and VIb
  and the part of ICES zone VIa which lies east of the meridian of longitude 7°W and north of the parallel of latitude 55°N, or west of the meridian of longitude 7°W and north of the parallel of latitude 56°N, excluding the Clyde.
  " [Am. 9] |
| --- | --- | --- |

(2)

[In Article 2 the following point (e) is added:

"(e)

"
  herring
  stock of herring in the West

  area west
  of Scotland" means the stock of herring (clupea harengus)
  distributed to the west of Scotland
  which
  currently
  inhabits Union and international waters of ICES divisions

  zones
  Vb, VIa and VIb
  and the part of ICES zone VIa which lies east of the meridian of longitude 7°W and north of the parallel of latitude 55°N, or west of the meridian of longitude 7°W and north of the parallel of latitude 56°N, excluding the Clyde.
  " [Am. 9]

| (3) | Article 7 is replaced by the following:
  "Article 7


  Revision of maximum fishing mortality rates and associated spawning stock biomass levels

  Where
  the Commission, on the basis of advice from STECF and possibly other
  scientific data indicates

  and after consulting fully with the Pelagic Regional Advisory Council, finds
  that the values for the fishing mortality rates and associated spawning stock biomass levels specified in Article 3(2), Article 4(2) to (5) and Article 9 are no longer appropriate to achieve the objective set forth

  out
  in Article 3(1), the Commission

  it
  shall fix

  adopt delegated acts in accordance with Article 9a fixing
  new values for such

  those
  rates and levels by means of delegated acts in accordance with Article 9a." [Am. 10] |
| --- | --- |

(3)

Article 7 is replaced by the following:

"Article 7

Revision of maximum fishing mortality rates and associated spawning stock biomass levels

Where
  the Commission, on the basis of advice from STECF and possibly other
  scientific data indicates

  and after consulting fully with the Pelagic Regional Advisory Council, finds
  that the values for the fishing mortality rates and associated spawning stock biomass levels specified in Article 3(2), Article 4(2) to (5) and Article 9 are no longer appropriate to achieve the objective set forth

  out
  in Article 3(1), the Commission

  it
  shall fix

  adopt delegated acts in accordance with Article 9a fixing
  new values for such

  those
  rates and levels by means of delegated acts in accordance with Article 9a." [Am. 10]

| (4) | Article 8 is replaced by the following:
  "Article 8


  Evaluation and review of the multi-annual plan



  1.
     
  At least
  every four years, starting from 18 December 2008, the Commission shall evaluate the operation and performance of the multi-annual plan.
  For the purpose of this evaluation, the Commission shall seek the advice of STECF and of the Pelagic Regional Advisory Council.
  Where appropriate

  necessary
  , the Commission may propose adaptations to

  shall make appropriate proposals, for adoption in accordance with the ordinary legislative procedure, for the amendment of
  the multi-annual plan. or adopt delegated acts in accordance with Article 7."



  2.
     
  Paragraph 1 shall be without prejudice to the delegation of power in Article 7.
  " [Am. 11] |
| --- | --- |

(4)

Article 8 is replaced by the following:

"Article 8

Evaluation and review of the multi-annual plan

1.
     
  At least
  every four years, starting from 18 December 2008, the Commission shall evaluate the operation and performance of the multi-annual plan.
  For the purpose of this evaluation, the Commission shall seek the advice of STECF and of the Pelagic Regional Advisory Council.
  Where appropriate

  necessary
  , the Commission may propose adaptations to

  shall make appropriate proposals, for adoption in accordance with the ordinary legislative procedure, for the amendment of
  the multi-annual plan. or adopt delegated acts in accordance with Article 7."

2.
     
  Paragraph 1 shall be without prejudice to the delegation of power in Article 7.
  " [Am. 11]

| (5) | The following Article 9a is inserted:
  "Article 9a


  Exercise of the delegation

  1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  2.   The delegation of power
  to adopt delegated acts
  referred to in Article 7 and 8 shall be conferred
  on the Commission
  for an indeterminate

  a
  period of time

  three years
  from ... (4)
  [dd/mm/yyyy] [insert date of entry into force of this
  the
  Regulation].
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 12]

  3.   The delegation of power referred to in Articles

  Article
  7 and 8 may be revoked at any time by the European Parliament or by the Council. A decision of revocation

  to revoke
  shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or
  at
  a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 13]

  4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
  5.   A delegated act adopted pursuant to Articles

  Article
  7 and 8 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2

  two
  months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2

  two
  months at the initiative of the European Parliament or
  of
  the Council."

  [Am. 14] |
| --- | --- |

(5)

The following Article 9a is inserted:

"Article 9a

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The delegation of power
  to adopt delegated acts
  referred to in Article 7 and 8 shall be conferred
  on the Commission
  for an indeterminate

  a
  period of time

  three years
  from ... (4)
  [dd/mm/yyyy] [insert date of entry into force of this
  the
  Regulation].
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 12]

3.   The delegation of power referred to in Articles

  Article
  7 and 8 may be revoked at any time by the European Parliament or by the Council. A decision of revocation

  to revoke
  shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or
  at
  a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 13]

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Articles

  Article
  7 and 8 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2

  two
  months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2

  two
  months at the initiative of the European Parliament or
  of
  the Council."

[Am. 14]

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 68, 6.3.2012, p. 74.

1

(2)  Position of the European Parliament of 14 June 2012.

2

(3)  [OJ L 344, 20.12.2008, p. 6.]

3

(4)  Date of entry into force of this Regulation.

4

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/182 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/182

---

Thursday 14 June 2012Major-accident hazards involving dangerous substances ***I

P7_TA(2012)0254

European Parliament legislative resolution of 14 June 2012 on the proposal for a directive of the European Parliament and of the Council on control of major-accident hazards involving dangerous substances (COM(2010)0781 – C7-0011/2011 – 2010/0377(COD))

2013/C 332 E/35

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0781), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0781),

| — | 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 (C7-0011/2011), |
| --- | --- |

—

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 (C7-0011/2011),

| — | 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 15 June 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 15 June 2011 (1),

| — | after consulting the Committee of the Regions, |
| --- | --- |

—

after consulting the Committee of the Regions,

| — | having regard to the undertaking given by the Council representative by letter of 25 April 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 25 April 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 Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection (A7-0339/2011), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection (A7-0339/2011),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out;

| 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 248, 25.8.2011, p. 138.

---

Thursday 14 June 2012P7_TC1-COD(2010)0377

Position of the European Parliament adopted at first reading on 14 June 2012 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2012/18/EU).

---

Thursday 14 June 2012Annex to the legislative resolution

Statement by the Commission

Declaration on the exclusion of category acute toxic 3 dermal (Seveso Annex I, part 1)

The Commission acknowledges that the compromise reached on its proposal implies an improvement of the level of protection of human health and safety and of the environment as compared with that provided by the current Seveso II Directive 96/82/EC.

The Commission intends to undertake further analysis of the likelihood, risks and potential consequences of major accidents involving dangerous substances classified acute toxic 3 dermal. Depending on the outcome of this analysis, the Commission may present a legislative proposal to also include this category within the scope of the Directive.

---

| 15.11.2013 | EN | Official Journal of the European Union | CE 332/183 |
| --- | --- | --- | --- |

15.11.2013

EN

Official Journal of the European Union

CE 332/183

---

Thursday 14 June 2012Food intended for infants and young children and food for special medical purposes ***I

P7_TA(2012)0255

European Parliament legislative resolution of 14 June 2012 on the proposal for a regulation of the European Parliament and of the Council on food intended for infants and young children and on food for special medical purposes (COM(2011)0353 – C7-0169/2011 – 2011/0156(COD))

2013/C 332 E/36

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0353), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0353),

| — | 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 (C7-0169/2011), |
| --- | --- |

—

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 (C7-0169/2011),

| — | 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 the Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Italian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinion submitted, within the framework of the Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Italian Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 26 October 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 26 October 2011 (1),

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection (A7-0059/2012), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection (A7-0059/2012),

| 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 24, 28.1.2012, p. 119.

---

Thursday 14 June 2012P7_TC1-COD(2011)0156

Position of the European Parliament adopted at first reading on 14 June 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council on food intended for infants and young children and

  ,
  on food for special medical purposes
  , on food for people intolerant to gluten and on food intended for use in low and very low calorie diets
  [Am. 1]

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Article 114 of the Treaty on the Functioning of the European Union (TFEU) provides that measures having as their object the establishment and functioning of the internal market and which concern inter alia health, safety and consumer protection must take as a base a high level of protection taking account in particular of any new development based on scientific facts. |
| --- | --- |

(1)

Article 114 of the Treaty on the Functioning of the European Union (TFEU) provides that measures having as their object the establishment and functioning of the internal market and which concern inter alia health, safety and consumer protection must take as a base a high level of protection taking account in particular of any new development based on scientific facts.

| (2) | The free movement

  safety
  of safe and wholesome food
  , especially when it is intended for vulnerable groups, such as infants, young children and persons with special diseases,
  is a aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and economic interests

  prerequisite for the free movement of such persons and the proper functioning of the internal market. [Am. 2] |
| --- | --- |

(2)

The free movement

  safety
  of safe and wholesome food
  , especially when it is intended for vulnerable groups, such as infants, young children and persons with special diseases,
  is a aspect of the internal market and contributes significantly to the health and well-being of citizens, and to their social and economic interests

  prerequisite for the free movement of such persons and the proper functioning of the internal market. [Am. 2]

| (2a) | In this context, given that the relevant Union law has been drawn up to ensure that no food is placed on the market if it is dangerous, any substances that are liable to be harmful to the health of the groups of the population concerned should be excluded from the composition of the categories of foods covered by this Regulation. [Am. 3] |
| --- | --- |

(2a)

In this context, given that the relevant Union law has been drawn up to ensure that no food is placed on the market if it is dangerous, any substances that are liable to be harmful to the health of the groups of the population concerned should be excluded from the composition of the categories of foods covered by this Regulation. [Am. 3]

| (3) | Directive 2009/39/EC of the European Parliament and of the Council of 6 May 2009 on foodstuffs intended for particular nutritional uses (3) lays down general rules on the composition and preparation of such foods that are specially designed to meet the particular nutritional requirements of the persons to whom they are intended. The majority of the provisions laid down in that Directive date back to 1977 and should therefore be reviewed

  fail to address the difficulty experienced by consumers in making an informed choice between dietetic foods, fortified foods, foods bearing claims and foods for normal consumption. The interaction between that legislation and Union law adopted more recently, such as Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (4), Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (5), Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to food (6) and Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers (7), is a further factor making it necessary to thoroughly overhaul Directive 2009/39/EC
  . [Am. 4] |
| --- | --- |

(3)

Directive 2009/39/EC of the European Parliament and of the Council of 6 May 2009 on foodstuffs intended for particular nutritional uses (3) lays down general rules on the composition and preparation of such foods that are specially designed to meet the particular nutritional requirements of the persons to whom they are intended. The majority of the provisions laid down in that Directive date back to 1977 and should therefore be reviewed

  fail to address the difficulty experienced by consumers in making an informed choice between dietetic foods, fortified foods, foods bearing claims and foods for normal consumption. The interaction between that legislation and Union law adopted more recently, such as Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements (4), Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (5), Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to food (6) and Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers (7), is a further factor making it necessary to thoroughly overhaul Directive 2009/39/EC
  . [Am. 4]

| (4) | Directive 2009/39/EC establishes a common definition for 'foodstuffs for particular nutritional uses' and general labelling requirements, including that such foods should bear an indication of their suitability for the claimed nutritional purposes. |
| --- | --- |

(4)

Directive 2009/39/EC establishes a common definition for 'foodstuffs for particular nutritional uses' and general labelling requirements, including that such foods should bear an indication of their suitability for the claimed nutritional purposes.

| (5) | The general composition and labelling requirements laid down in Directive 2009/39/EC are complemented by a number of non-legislative Union acts, which are applicable to specific categories of food. In that respect, Commission Directive 2006/141/EC (8) lays down harmonised rules with respect to infant formulae and follow-on formulae, whereas Commission Directive 2006/125/EC (9) lays down certain harmonised rules with respect to processed cereal-based foods and baby foods for infants and young children. Similarly, harmonised rules are also laid down by Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction (10), Commission Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical purposes (11) and Commission Regulation (EC) No 41/2009 of 20 January 2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten (12). |
| --- | --- |

(5)

The general composition and labelling requirements laid down in Directive 2009/39/EC are complemented by a number of non-legislative Union acts, which are applicable to specific categories of food. In that respect, Commission Directive 2006/141/EC (8) lays down harmonised rules with respect to infant formulae and follow-on formulae, whereas Commission Directive 2006/125/EC (9) lays down certain harmonised rules with respect to processed cereal-based foods and baby foods for infants and young children. Similarly, harmonised rules are also laid down by Commission Directive 96/8/EC of 26 February 1996 on foods intended for use in energy-restricted diets for weight reduction (10), Commission Directive 1999/21/EC of 25 March 1999 on dietary foods for special medical purposes (11) and Commission Regulation (EC) No 41/2009 of 20 January 2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten (12).

| (6) | In addition, Council Directive 92/52/EEC (13) lays down harmonised rules with respect to infant formulae and follow-on formulae intended for export to third countries. |
| --- | --- |

(6)

In addition, Council Directive 92/52/EEC (13) lays down harmonised rules with respect to infant formulae and follow-on formulae intended for export to third countries.

| (6a) | According to the Council Resolution of 18 June 1992 (14), the Union should contribute to the application of appropriate practices for the marketing of breast-milk substitutes in third countries by Community-based manufacturers. [Am. 5] |
| --- | --- |

(6a)

According to the Council Resolution of 18 June 1992 (14), the Union should contribute to the application of appropriate practices for the marketing of breast-milk substitutes in third countries by Community-based manufacturers. [Am. 5]

| (7) | Directive 2009/39/EC foresees that specific provisions could be adopted regarding the two following specific categories of food falling within the definition of foodstuffs for particular nutritional uses: 'food intended to meet the expenditure of intense muscular effort, especially for sportsmen' and 'food for persons suffering from carbohydrate metabolism disorders (diabetes)'. With regard to food intended to meet the expenditure of intense muscular effort, no successful conclusion could be reached as regard the development of specific provisions due to widely diverging views among Member States and stakeholders concerning the scope of the specific legislation, the number of sub-categories of the food to be included, the criteria for establishing composition requirements and the potential impact on innovation in product development. As regards special provisions for food for persons suffering from carbohydrate metabolism disorders (diabetes), a Commission report (15) concludes that the scientific basis for setting specific compositional requirements is lacking.
  Nevertheless, the undertaking made by the Commission in Directive 2009/39/EC to recognise the nutritional requirements of sportspeople should still apply, as supported by scientific opinions of the European Food Safety Authority (the 'Authority') on claims relevant to active individuals, and the report of the Scientific Committee on Food of 28 February 2001 on composition and specification of food intended to meet the expenditure of intense muscular effort, especially for sportsmen. Therefore, the Commission should assess, not later than 1 July 2015, the need to review general food law in this regard. [Am. 6] |
| --- | --- |

(7)

Directive 2009/39/EC foresees that specific provisions could be adopted regarding the two following specific categories of food falling within the definition of foodstuffs for particular nutritional uses: 'food intended to meet the expenditure of intense muscular effort, especially for sportsmen' and 'food for persons suffering from carbohydrate metabolism disorders (diabetes)'. With regard to food intended to meet the expenditure of intense muscular effort, no successful conclusion could be reached as regard the development of specific provisions due to widely diverging views among Member States and stakeholders concerning the scope of the specific legislation, the number of sub-categories of the food to be included, the criteria for establishing composition requirements and the potential impact on innovation in product development. As regards special provisions for food for persons suffering from carbohydrate metabolism disorders (diabetes), a Commission report (15) concludes that the scientific basis for setting specific compositional requirements is lacking.
  Nevertheless, the undertaking made by the Commission in Directive 2009/39/EC to recognise the nutritional requirements of sportspeople should still apply, as supported by scientific opinions of the European Food Safety Authority (the 'Authority') on claims relevant to active individuals, and the report of the Scientific Committee on Food of 28 February 2001 on composition and specification of food intended to meet the expenditure of intense muscular effort, especially for sportsmen. Therefore, the Commission should assess, not later than 1 July 2015, the need to review general food law in this regard. [Am. 6]

| (7a) | The Commission report of 26 June 2008 on food for persons suffering from carbohydrate metabolism disorders (diabetes) (16) concludes that the scientific basis for setting specific compositional requirements is lacking. This Regulation is therefore not the appropriate legal framework for that category of food. According to the Commission, it is more important, as regards persons with diabetes, to consider the quantity and model of food absorbed. This conclusion is in no way contrary to the establishment of a Union-wide strategy comprehensively targeting diabetes (Type 1 and Type 2), which affects more than 32 million Union citizens. Those figures, which are expected to increase by 16 % by 2030 as a result of the obesity epidemic and the ageing of the European population, therefore merit careful consideration at Union level, including in the area of research and development. [Am. 7] |
| --- | --- |

(7a)

The Commission report of 26 June 2008 on food for persons suffering from carbohydrate metabolism disorders (diabetes) (16) concludes that the scientific basis for setting specific compositional requirements is lacking. This Regulation is therefore not the appropriate legal framework for that category of food. According to the Commission, it is more important, as regards persons with diabetes, to consider the quantity and model of food absorbed. This conclusion is in no way contrary to the establishment of a Union-wide strategy comprehensively targeting diabetes (Type 1 and Type 2), which affects more than 32 million Union citizens. Those figures, which are expected to increase by 16 % by 2030 as a result of the obesity epidemic and the ageing of the European population, therefore merit careful consideration at Union level, including in the area of research and development. [Am. 7]

| (8) | Directive 2009/39/EC also requires a general notification procedure at national level for food presented by food business operators as falling under the definition of 'foodstuffs for particular nutritional uses' and for which no specific provisions are laid down in Union law, prior to their placing on the Union market, in order to facilitate the efficient monitoring of such food by the Member States. |
| --- | --- |

(8)

Directive 2009/39/EC also requires a general notification procedure at national level for food presented by food business operators as falling under the definition of 'foodstuffs for particular nutritional uses' and for which no specific provisions are laid down in Union law, prior to their placing on the Union market, in order to facilitate the efficient monitoring of such food by the Member States.

| (9) | A report from the Commission to the European Parliament and the Council on the implementation of that notification procedure (17) showed that difficulties may arise from different interpretations of the definition of foodstuffs for particular nutritional uses which appeared to be open to different interpretations by the national authorities. It therefore concluded that a revision of the scope of Directive 2009/39/EC would be required to ensure a more effective and harmonised implementation of the Union legislation. |
| --- | --- |

(9)

A report from the Commission to the European Parliament and the Council on the implementation of that notification procedure (17) showed that difficulties may arise from different interpretations of the definition of foodstuffs for particular nutritional uses which appeared to be open to different interpretations by the national authorities. It therefore concluded that a revision of the scope of Directive 2009/39/EC would be required to ensure a more effective and harmonised implementation of the Union legislation.

| (10) | A study report (18) concerning the revision of the legislation on foodstuffs for particular nutritional uses confirms the findings of the abovementioned Commission report on the implementation of the notification procedure and indicates that an increasing number of foodstuffs are today marketed and labelled as foodstuffs suitable for particular nutritional uses, due to the broad definition laid down in Directive 2009/39/EC. The study report also points out that the type of food regulated under that legislation differs significantly between Member States; similar food could at the same time be marketed in different Member States as food for particular nutritional uses and/or as food for normal consumption addressed to the population in general or to certain sub-groups thereof such as pregnant women, postmenopausal women, older adults, growing children, adolescents, variably active individuals and others. This state of affairs undermines the functioning of the internal market, creates legal uncertainty for competent authorities, food business operators and consumers, while the risks of marketing abuse and distortion of competition cannot be ruled out. |
| --- | --- |

(10)

A study report (18) concerning the revision of the legislation on foodstuffs for particular nutritional uses confirms the findings of the abovementioned Commission report on the implementation of the notification procedure and indicates that an increasing number of foodstuffs are today marketed and labelled as foodstuffs suitable for particular nutritional uses, due to the broad definition laid down in Directive 2009/39/EC. The study report also points out that the type of food regulated under that legislation differs significantly between Member States; similar food could at the same time be marketed in different Member States as food for particular nutritional uses and/or as food for normal consumption addressed to the population in general or to certain sub-groups thereof such as pregnant women, postmenopausal women, older adults, growing children, adolescents, variably active individuals and others. This state of affairs undermines the functioning of the internal market, creates legal uncertainty for competent authorities, food business operators and consumers, while the risks of marketing abuse and distortion of competition cannot be ruled out.

| (11) | It appears that other Union acts recently adopted are more adapted to an evolving and innovative food market than Directive 2009/39/EC. Of particular relevance and importance in that respect are: Directive 2002/46/EC, Regulation (EC) No 1924/2006 and Regulation (EC) No 1925/2006. Furthermore, the provisions of these Union acts would adequately regulate a number of the categories of food covered by Directive 2009/39/EC with less administrative burden and more clarity as to the scope and objectives. |
| --- | --- |

(11)

It appears that other Union acts recently adopted are more adapted to an evolving and innovative food market than Directive 2009/39/EC. Of particular relevance and importance in that respect are: Directive 2002/46/EC, Regulation (EC) No 1924/2006 and Regulation (EC) No 1925/2006. Furthermore, the provisions of these Union acts would adequately regulate a number of the categories of food covered by Directive 2009/39/EC with less administrative burden and more clarity as to the scope and objectives.

| (11a) | There is therefore a need to remove differences in interpretation and to tackle difficulties for Member States and food business operators in combining the different pieces of food legislation, by simplifying the regulatory environment. This would ensure that similar products are treated in the same way across the Union and would create a more level playing field for all operators across the internal market, especially small and medium-sized enterprises (SMEs). [Am. 8] |
| --- | --- |

(11a)

There is therefore a need to remove differences in interpretation and to tackle difficulties for Member States and food business operators in combining the different pieces of food legislation, by simplifying the regulatory environment. This would ensure that similar products are treated in the same way across the Union and would create a more level playing field for all operators across the internal market, especially small and medium-sized enterprises (SMEs). [Am. 8]

| (12) | Moreover, experience shows that certain rules included in or adopted under Directive 2009/39/EC are no longer effective to ensure the functioning of the internal market. |
| --- | --- |

(12)

Moreover, experience shows that certain rules included in or adopted under Directive 2009/39/EC are no longer effective to ensure the functioning of the internal market.

| (13) | Therefore, the concept of “foodstuffs for particular nutritional uses” should be abolished and Directive 2009/39/EC should be replaced by the present act. To simplify its application and to ensure consistency throughout the Member States, the present act should take the form of a Regulation. |
| --- | --- |

(13)

Therefore, the concept of “foodstuffs for particular nutritional uses” should be abolished and Directive 2009/39/EC should be replaced by the present act. To simplify its application and to ensure consistency throughout the Member States, the present act should take the form of a Regulation.

| (14) | Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (19) establishes common principles and definitions for Union food law in order to ensure a high level of health protection and

  of human health and consumer interests, while ensuring
  the effective functioning of the internal market. It establishes the principles of risk analysis in relation to food
  , sets out that pursuant to the precautionary principle provisional risk management measures can be adopted,
  and establishes the structures and mechanisms for the scientific and technical evaluations which are undertaken by the Authority. Therefore, certain definitions laid down in that Regulation must also apply in the context of the present Regulation. Moreover, for the purpose of this Regulation, the Authority should be consulted on all matters likely to affect public health. [Am. 9] |
| --- | --- |

(14)

Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (19) establishes common principles and definitions for Union food law in order to ensure a high level of health protection and

  of human health and consumer interests, while ensuring
  the effective functioning of the internal market. It establishes the principles of risk analysis in relation to food
  , sets out that pursuant to the precautionary principle provisional risk management measures can be adopted,
  and establishes the structures and mechanisms for the scientific and technical evaluations which are undertaken by the Authority. Therefore, certain definitions laid down in that Regulation must also apply in the context of the present Regulation. Moreover, for the purpose of this Regulation, the Authority should be consulted on all matters likely to affect public health. [Am. 9]

| (14a) | Where a risk to life or health exists, whether immediate or in the long term, but scientific uncertainty persists, the precautionary principle should apply to ensure a high level of health protection, taking into account cumulative toxic effects and the particular health sensitivities of the particularly vulnerable groups of the population specified in this Regulation. [Am. 10] |
| --- | --- |

(14a)

Where a risk to life or health exists, whether immediate or in the long term, but scientific uncertainty persists, the precautionary principle should apply to ensure a high level of health protection, taking into account cumulative toxic effects and the particular health sensitivities of the particularly vulnerable groups of the population specified in this Regulation. [Am. 10]

| (15) | A limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment; such categories of food are vital for the management of certain conditions and/or are essential to maintain the intended nutritional adequacy for certain well-established vulnerable groups of the population. Those categories of food include infant formulae and follow-on formulae, processed cereal-based food and baby food and

  ,
  food for special medical purposes,
  food for people intolerant to gluten and food intended for use in low and very low calorie diets
  . Experience has shown that the provisions laid down in Directive 2006/141/EC, Directive 2006/125/EC, as well as Directive 1999/21/EC ensure the free movement of such food in a satisfactory manner, while ensuring a high level of protection of public health.
  Food intended for use in very low calorie diets is currently not covered by Directive 96/8/EC but solely by Directive 2009/39/EC.
  It is appropriate that this Regulation focuses on the general compositional and information requirements for infant formula and follow-on formulae, processed cereal-based food and baby food for infants and young children and to

  ,
  food for special medical purposes
  , food for people intolerant to gluten and food intended for use in low and very low calorie diets
  ,
  while
  taking into account Directive 2006/141/EC, Directive 2006/125/EC and Directive 1999/21/EC. [Am. 11] |
| --- | --- |

(15)

A limited number of categories of food constitutes the sole source of nourishment of certain groups of the population or represent a partial source of nourishment; such categories of food are vital for the management of certain conditions and/or are essential to maintain the intended nutritional adequacy for certain well-established vulnerable groups of the population. Those categories of food include infant formulae and follow-on formulae, processed cereal-based food and baby food and

  ,
  food for special medical purposes,
  food for people intolerant to gluten and food intended for use in low and very low calorie diets
  . Experience has shown that the provisions laid down in Directive 2006/141/EC, Directive 2006/125/EC, as well as Directive 1999/21/EC ensure the free movement of such food in a satisfactory manner, while ensuring a high level of protection of public health.
  Food intended for use in very low calorie diets is currently not covered by Directive 96/8/EC but solely by Directive 2009/39/EC.
  It is appropriate that this Regulation focuses on the general compositional and information requirements for infant formula and follow-on formulae, processed cereal-based food and baby food for infants and young children and to

  ,
  food for special medical purposes
  , food for people intolerant to gluten and food intended for use in low and very low calorie diets
  ,
  while
  taking into account Directive 2006/141/EC, Directive 2006/125/EC and Directive 1999/21/EC. [Am. 11]

| (16) | To ensure legal certainty, definitions laid down in Directive 2006/141/EC, Directive 2006/125/EC and

  ,
  Directive 1999/21/EC
  , Regulation (EC) No 41/2009 and Directive 96/8/EC
  should be transferred to this Regulation. However, the definitions of infant formulae and follow-on formulae, processed cereal-based food and baby food, and food for special medical purposes,
  food for people intolerant to gluten and food intended for use in low and very low calorie diets
  should be regularly adapted taking into account technical and scientific progress and relevant developments at international level, as appropriate. [Am. 12] |
| --- | --- |

(16)

To ensure legal certainty, definitions laid down in Directive 2006/141/EC, Directive 2006/125/EC and

  ,
  Directive 1999/21/EC
  , Regulation (EC) No 41/2009 and Directive 96/8/EC
  should be transferred to this Regulation. However, the definitions of infant formulae and follow-on formulae, processed cereal-based food and baby food, and food for special medical purposes,
  food for people intolerant to gluten and food intended for use in low and very low calorie diets
  should be regularly adapted taking into account technical and scientific progress and relevant developments at international level, as appropriate. [Am. 12]

| (16a) | According to the recommendations of the World Health Organization, low-birth-weight infants should be fed their mother's own milk. Nonetheless, low-birth-weight and pre-term infants often have special nutritional requirements which cannot be met by the mother's own milk or standard infant formulae. Food for such infants should comply with rules applicable to food for special medical purposes, when this kind of food is chosen as the most appropriate formula, taking into account the specific medical situation of the infant. Formula intended for low-birth-weight or pre-term infants should in any event comply with the requirements of Directive 2006/141/EC. [Am. 13] |
| --- | --- |

(16a)

According to the recommendations of the World Health Organization, low-birth-weight infants should be fed their mother's own milk. Nonetheless, low-birth-weight and pre-term infants often have special nutritional requirements which cannot be met by the mother's own milk or standard infant formulae. Food for such infants should comply with rules applicable to food for special medical purposes, when this kind of food is chosen as the most appropriate formula, taking into account the specific medical situation of the infant. Formula intended for low-birth-weight or pre-term infants should in any event comply with the requirements of Directive 2006/141/EC. [Am. 13]

| (17) | It is important that ingredients used in the manufacture of the categories of food covered by this Regulation are appropriate to satisfy the nutritional requirements of, and are suitable for the persons to whom they are intended and that their nutritional adequacy has been established by generally accepted scientific data. Such adequacy should be demonstrated through a systematic
  and independent
  review of the available scientific data. [Am. 14] |
| --- | --- |

(17)

It is important that ingredients used in the manufacture of the categories of food covered by this Regulation are appropriate to satisfy the nutritional requirements of, and are suitable for the persons to whom they are intended and that their nutritional adequacy has been established by generally accepted scientific data. Such adequacy should be demonstrated through a systematic
  and independent
  review of the available scientific data. [Am. 14]

| (17a) | It is important that pesticides, maximum residue levels for which are authorised by Directive 2006/141/EC and Directive 2006/125/EC and which do not satisfy the safety conditions set out in 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 (20) be banned from the market and that they not be used in the production of food covered by this Regulation. [Am. 15] |
| --- | --- |

(17a)

It is important that pesticides, maximum residue levels for which are authorised by Directive 2006/141/EC and Directive 2006/125/EC and which do not satisfy the safety conditions set out in 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 (20) be banned from the market and that they not be used in the production of food covered by this Regulation. [Am. 15]

| (17b) | Maximum residue levels of pesticides set out in relevant Union law, in particular Regulation (EC) No 396/2005 of the Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin (21), should apply without prejudice to specific provisions set out in this Regulation and the delegated acts adopted in accordance with this Regulation. [Am. 16] |
| --- | --- |

(17b)

Maximum residue levels of pesticides set out in relevant Union law, in particular Regulation (EC) No 396/2005 of the Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin (21), should apply without prejudice to specific provisions set out in this Regulation and the delegated acts adopted in accordance with this Regulation. [Am. 16]

| (17c) | However, given the vulnerable nature of infants and young children, severe limitations on pesticide residues are required in infant formula and follow-on formula and processed cereal-based food and baby food for infants and young children. Specific maximum residue levels of pesticides for such products are set in Directive 2006/141/EC and Directive 2006/125/EC. Particular attention should be paid to pesticides containing substances classified as specifically hazardous to human health. [Am. 17] |
| --- | --- |

(17c)

However, given the vulnerable nature of infants and young children, severe limitations on pesticide residues are required in infant formula and follow-on formula and processed cereal-based food and baby food for infants and young children. Specific maximum residue levels of pesticides for such products are set in Directive 2006/141/EC and Directive 2006/125/EC. Particular attention should be paid to pesticides containing substances classified as specifically hazardous to human health. [Am. 17]

| (17d) | At all stages of the food production chain, food businesses and food business operators, as defined in Regulation (EC) No 178/2002, should ensure that the food covered by this Regulation comply with the requirements of food law in general and of this Regulation in particular. [Am. 18] |
| --- | --- |

(17d)

At all stages of the food production chain, food businesses and food business operators, as defined in Regulation (EC) No 178/2002, should ensure that the food covered by this Regulation comply with the requirements of food law in general and of this Regulation in particular. [Am. 18]

| (18) | General labelling requirements are laid down in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the law of the Member States relating to labelling, presentation and advertising of foodstuffs (22)


  Regulation (EU) No 1169/2011
  . Those general labelling requirements should, as a general rule, apply to the categories of food covered by this Regulation. However, this Regulation should also provide for additional requirements to, or derogations from, the provisions of Directive 2000/13/EC

  Regulation (EU) No 1169/2011
  , where necessary, in order to meet the specific objectives of this Regulation. [Am. 19] |
| --- | --- |

(18)

General labelling requirements are laid down in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the law of the Member States relating to labelling, presentation and advertising of foodstuffs (22)


  Regulation (EU) No 1169/2011
  . Those general labelling requirements should, as a general rule, apply to the categories of food covered by this Regulation. However, this Regulation should also provide for additional requirements to, or derogations from, the provisions of Directive 2000/13/EC

  Regulation (EU) No 1169/2011
  , where necessary, in order to meet the specific objectives of this Regulation. [Am. 19]

| (19) | This Regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes
  , food for people intolerant to gluten and food intended for use in low and very low calorie diets
  , taking into account Directive 2006/141/EC, Directive 2006/125/EC and Directive 1999/21/EC. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes laid down in this Regulation taking into account technical and scientific progress and relevant developments at international level, to lay down the specific compositional and information requirements with respect to the categories of food covered by this Regulation, including for additional labelling requirements to, or derogations from, the provisions of Directive 2000/13/EC and for the authorisation of nutrition and health claims, 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. It is of particular importance that the Commission carries 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. [Am. 20] |
| --- | --- |

(19)

This Regulation should provide the criteria for the establishment of the specific compositional and information requirements for infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes
  , food for people intolerant to gluten and food intended for use in low and very low calorie diets
  , taking into account Directive 2006/141/EC, Directive 2006/125/EC and Directive 1999/21/EC. In order to adapt the definitions of infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes laid down in this Regulation taking into account technical and scientific progress and relevant developments at international level, to lay down the specific compositional and information requirements with respect to the categories of food covered by this Regulation, including for additional labelling requirements to, or derogations from, the provisions of Directive 2000/13/EC and for the authorisation of nutrition and health claims, 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. It is of particular importance that the Commission carries 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. [Am. 20]

| (19a) | The Commission should, after consulting the Authority, clarify the status of milks intended for children between 12 and 36 months, which are currently regulated by different legal acts of the Union
  ,
  such as Regulation (EC) No 178/2002, Regulation (EC) No 1924/2006, Regulation (EC) No 1925/2006 and Directive 2009/39/EC, and submit a report to the European Parliament and the Council assessing whether further legislative action is required, at the latest 1 year after the date of the entry into force of this Regulation. If appropriate the report should be accompanied by a legislative proposal. [Am. 21] |
| --- | --- |

(19a)

The Commission should, after consulting the Authority, clarify the status of milks intended for children between 12 and 36 months, which are currently regulated by different legal acts of the Union
  ,
  such as Regulation (EC) No 178/2002, Regulation (EC) No 1924/2006, Regulation (EC) No 1925/2006 and Directive 2009/39/EC, and submit a report to the European Parliament and the Council assessing whether further legislative action is required, at the latest 1 year after the date of the entry into force of this Regulation. If appropriate the report should be accompanied by a legislative proposal. [Am. 21]

| (20) | It is appropriate to establish and update a Union list
  annexed to this Regulation
  of vitamins, minerals, amino acids and other substances that may be added to infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes
  and food intended for use in low and very low calorie diets
  , subject to certain criteria laid down in this Regulation.
  The annexed list should be adopted taking due account of the specific dietary habits of the groups of the population concerned and should take into account and replace the lists set out in Directives 2006/141/EC and 2006/125/EC, and Commission Regulation (EC) No 953/2009 of 13 October 2009 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses (23), which does not apply to liquid or solid formula for infants and young children.
  Given the fact that the adoption
  and updating
  of the list

  the Annex

  implies the

  is a measure of general
  application of criteria set out in this Regulation, implementing powers should be conferred on the Commission in that respect. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (24)


  to supplement or amend certain non-essential elements of this Regulation
  ,
  the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in that respect
  . The Commission should adopt immediately applicable implementing

  delegated
  acts updating the Union list

  Annex
  , where, in duly justified cases relating to public health, imperative grounds of urgency so require. [Am. 22] |
| --- | --- |

(20)

It is appropriate to establish and update a Union list
  annexed to this Regulation
  of vitamins, minerals, amino acids and other substances that may be added to infant formula, follow-on formula, processed cereal-based food and baby food, and food for special medical purposes
  and food intended for use in low and very low calorie diets
  , subject to certain criteria laid down in this Regulation.
  The annexed list should be adopted taking due account of the specific dietary habits of the groups of the population concerned and should take into account and replace the lists set out in Directives 2006/141/EC and 2006/125/EC, and Commission Regulation (EC) No 953/2009 of 13 October 2009 on substances that may be added for specific nutritional purposes in foods for particular nutritional uses (23), which does not apply to liquid or solid formula for infants and young children.
  Given the fact that the adoption
  and updating
  of the list

  the Annex

  implies the

  is a measure of general
  application of criteria set out in this Regulation, implementing powers should be conferred on the Commission in that respect. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (24)


  to supplement or amend certain non-essential elements of this Regulation
  ,
  the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in that respect
  . The Commission should adopt immediately applicable implementing

  delegated
  acts updating the Union list

  Annex
  , where, in duly justified cases relating to public health, imperative grounds of urgency so require. [Am. 22]

| (21) | At present, pursuant to the Opinion of the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) on the risk assessment of products of nanotechnologies, dated 19 January 2009, there is inadequate information on the risks associated with engineered nanomaterials and existing test methods may not be sufficient to address all of the issues arising in relation to engineered nanomaterials. Therefore

  Taking account of that scientific opinion and in view of the particular sensitivity of the vulnerable groups for whom foods covered by this Regulation are intended
  , engineered nanomaterials should not be included in the Union list
  annexed to this Regulation
  for the categories of food covered by this Regulation, until an evaluation

  as long as their safety
  ,
  based on adequate and sufficient test methods, their nutritional value and their suitability for the persons for whom the food is intended have not been demonstrated
  by the Authority is carried out. [Am. 23] |
| --- | --- |

(21)

At present, pursuant to the Opinion of the Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) on the risk assessment of products of nanotechnologies, dated 19 January 2009, there is inadequate information on the risks associated with engineered nanomaterials and existing test methods may not be sufficient to address all of the issues arising in relation to engineered nanomaterials. Therefore

  Taking account of that scientific opinion and in view of the particular sensitivity of the vulnerable groups for whom foods covered by this Regulation are intended
  , engineered nanomaterials should not be included in the Union list
  annexed to this Regulation
  for the categories of food covered by this Regulation, until an evaluation

  as long as their safety
  ,
  based on adequate and sufficient test methods, their nutritional value and their suitability for the persons for whom the food is intended have not been demonstrated
  by the Authority is carried out. [Am. 23]

| (22) | In the interests of efficiency and legislative simplification
  and a clear desire to support innovation
  , there should be a medium-term examination of the question whether to extend the scope of the Union list
  annexed to this Regulation
  to other categories of food governed by other specific Union legislation.
  Such an extension should be decided by the European Parliament and the Council in accordance with the ordinary legislative procedure, on the basis of an evaluation by the Authority. [Am. 24] |
| --- | --- |

(22)

In the interests of efficiency and legislative simplification
  and a clear desire to support innovation
  , there should be a medium-term examination of the question whether to extend the scope of the Union list
  annexed to this Regulation
  to other categories of food governed by other specific Union legislation.
  Such an extension should be decided by the European Parliament and the Council in accordance with the ordinary legislative procedure, on the basis of an evaluation by the Authority. [Am. 24]

| (23) | It is necessary to establish procedures for the adoption of emergency measures in situations where food covered by this Regulation constitutes a serious risk to human health. In order to ensure uniform conditions for the implementation of emergency measures, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (25). The Commission should adopt immediately applicable implementing acts relating to emergency measures, where, in duly justified cases relating to public health, imperative grounds of urgency so require. |
| --- | --- |

(23)

It is necessary to establish procedures for the adoption of emergency measures in situations where food covered by this Regulation constitutes a serious risk to human health. In order to ensure uniform conditions for the implementation of emergency measures, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (25). The Commission should adopt immediately applicable implementing acts relating to emergency measures, where, in duly justified cases relating to public health, imperative grounds of urgency so require.

| (24) | Directive 92/52/EEC states that infant formulae and follow-on formulae exported or re-exported from the European Union have to comply with Union law unless otherwise required by the importing country. This principle has already been established for food in Regulation (EC) No 178/2002. For the sake of simplification and legal certainty, Directive 92/52/EEC should therefore be repealed. |
| --- | --- |

(24)

Directive 92/52/EEC states that infant formulae and follow-on formulae exported or re-exported from the European Union have to comply with Union law unless otherwise required by the importing country. This principle has already been established for food in Regulation (EC) No 178/2002. For the sake of simplification and legal certainty, Directive 92/52/EEC should therefore be repealed.

| (25) | Regulation (EC) No 1924/2006 establishes the rules and conditions for the use of nutrition and health claims on food. Those rules should apply as a general rule to the categories of food covered by this Regulation, unless otherwise specified in this Regulation or non-legislative acts adopted pursuant to this Regulation. |
| --- | --- |

(25)

Regulation (EC) No 1924/2006 establishes the rules and conditions for the use of nutrition and health claims on food. Those rules should apply as a general rule to the categories of food covered by this Regulation, unless otherwise specified in this Regulation or non-legislative acts adopted pursuant to this Regulation.

| (26) | Currently, the statements 'gluten-free' and 'very low gluten' may be used for food intended for particular nutritional uses and for food for normal consumption under the rules specified in Regulation (EC) No 41/2009. Such

  Those
  statements could be construed as nutrition claims, as defined in Regulation (EC) No 1924/2006. For the sake of simplification, those statements should be regulated solely by Regulation (EC) No 1924/2006

  this Regulation
  and comply with requirements therein. It is necessary that technical adaptations pursuant to Regulation (EC) No 1924/2006, incorporating the nutrition claims 'gluten-free' and 'very low gluten' and their associated conditions of use as regulated under

  herein.
  Regulation (EC) No 41/2009 be completed prior to the entry into application of this Regulation

  should therefore be repealed
  . [Am. 90] |
| --- | --- |

(26)

Currently, the statements 'gluten-free' and 'very low gluten' may be used for food intended for particular nutritional uses and for food for normal consumption under the rules specified in Regulation (EC) No 41/2009. Such

  Those
  statements could be construed as nutrition claims, as defined in Regulation (EC) No 1924/2006. For the sake of simplification, those statements should be regulated solely by Regulation (EC) No 1924/2006

  this Regulation
  and comply with requirements therein. It is necessary that technical adaptations pursuant to Regulation (EC) No 1924/2006, incorporating the nutrition claims 'gluten-free' and 'very low gluten' and their associated conditions of use as regulated under

  herein.
  Regulation (EC) No 41/2009 be completed prior to the entry into application of this Regulation

  should therefore be repealed
  . [Am. 90]

| (26a) | Labelling indicating ‘lactose free’ and ‘very low lactose content’ is currently not covered by Union law. Those indications are, however, important for people who are intolerant to lactose. The Commission should therefore clarify their status under general food law. [Am. 25] |
| --- | --- |

(26a)

Labelling indicating ‘lactose free’ and ‘very low lactose content’ is currently not covered by Union law. Those indications are, however, important for people who are intolerant to lactose. The Commission should therefore clarify their status under general food law. [Am. 25]

| (27) | ‘Meal replacement for weight control’ and ‘total diet replacement for weight control’ are
  currently
  considered as food for particular nutritional uses and are governed by specific rules adopted under Directive 96/8/EC
  , while foods intended for use in very low calorie diets are governed by Directive 2009/39/EC only
  . However, more and more food intended for the general population has appeared on the market carrying similar declarations which are presented as health claims for weight control.
  Against the background of the growing number of food products containing generic claims and the risk of disorders in dietary habits arising from certain unsupervised diets, the Authority regularly carries out scientific assessments of health claim applications relating to meal replacement. The assessment carried out by the Authority does not cover the safety of compositional criteria put forward by the food business operator applying for the use of a claim or certain labelling methods. Specific provisions are therefore needed in this Regulation on food intended for use in low and very low calorie diets. Such provisions are an important nutrition and health safety tool for people seeking to lose weight.
  In order to eliminate any potential confusion between food marketed for weight control and in the interests of legal certainty and coherence of Union legislation,
  while protecting the most vulnerable,
  such statements
  on food intended for the general population
  should be regulated by Regulation (EC) No 1924/2006 and comply with requirements therein
  , with the exception of foods intended for use in low and very low calorie diets, which should comply with this Regulation
  . It is necessary that technical adaptations pursuant to Regulation (EC) No 1924/2006, incorporating the health claims referring to the body weight control for food presented as ‘total diet replacement for weight control’ and as ‘meal replacement for weight control’ and associated conditions of use as regulated under Directive 96/8/EC be completed prior to the entry into application of this Regulation. [Am. 26] |
| --- | --- |

(27)

‘Meal replacement for weight control’ and ‘total diet replacement for weight control’ are
  currently
  considered as food for particular nutritional uses and are governed by specific rules adopted under Directive 96/8/EC
  , while foods intended for use in very low calorie diets are governed by Directive 2009/39/EC only
  . However, more and more food intended for the general population has appeared on the market carrying similar declarations which are presented as health claims for weight control.
  Against the background of the growing number of food products containing generic claims and the risk of disorders in dietary habits arising from certain unsupervised diets, the Authority regularly carries out scientific assessments of health claim applications relating to meal replacement. The assessment carried out by the Authority does not cover the safety of compositional criteria put forward by the food business operator applying for the use of a claim or certain labelling methods. Specific provisions are therefore needed in this Regulation on food intended for use in low and very low calorie diets. Such provisions are an important nutrition and health safety tool for people seeking to lose weight.
  In order to eliminate any potential confusion between food marketed for weight control and in the interests of legal certainty and coherence of Union legislation,
  while protecting the most vulnerable,
  such statements
  on food intended for the general population
  should be regulated by Regulation (EC) No 1924/2006 and comply with requirements therein
  , with the exception of foods intended for use in low and very low calorie diets, which should comply with this Regulation
  . It is necessary that technical adaptations pursuant to Regulation (EC) No 1924/2006, incorporating the health claims referring to the body weight control for food presented as ‘total diet replacement for weight control’ and as ‘meal replacement for weight control’ and associated conditions of use as regulated under Directive 96/8/EC be completed prior to the entry into application of this Regulation. [Am. 26]

| (27a) | In order to ensure a high level of consumer protection, adequate procedures for oversight, in respect of both hygiene and composition, both before and after foods are placed on the market, should be established at Member State level. [Am. 27] |
| --- | --- |

(27a)

In order to ensure a high level of consumer protection, adequate procedures for oversight, in respect of both hygiene and composition, both before and after foods are placed on the market, should be established at Member State level. [Am. 27]

| (27b) | Pursuant to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (26), Member States should conduct inspections on the compliance of undertakings with this Regulation and the delegated acts adopted pursuant thereto, following a risk-based approach. [Am. 28] |
| --- | --- |

(27b)

Pursuant to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (26), Member States should conduct inspections on the compliance of undertakings with this Regulation and the delegated acts adopted pursuant thereto, following a risk-based approach. [Am. 28]

| (28) | Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. |
| --- | --- |

(28)

Since the objectives of this Regulation cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

| (29) | The Commission should take
  adequate transitional measures are necessary

  to ensure legal certainty between entry into force and application of this Regulation and provide the assistance and up-to-date information necessary to the food business operators
  to enable food business operators

  them
  to adapt to the requirements of this Regulation. [Am. 29] |
| --- | --- |

(29)

The Commission should take
  adequate transitional measures are necessary

  to ensure legal certainty between entry into force and application of this Regulation and provide the assistance and up-to-date information necessary to the food business operators
  to enable food business operators

  them
  to adapt to the requirements of this Regulation. [Am. 29]

| (29a) | To ease access of SMEs to the market which in some sectors, for example baby food and medical food, appear to be dominated by a few large companies, the Commission should, in close cooperation with concerned stakeholders, adopt guidelines, by means of delegated acts, in order to help undertakings, in particular SMEs, to comply with the requirements laid down in this Regulation and thus facilitate competitiveness and innovation. [Am. 30] |
| --- | --- |

(29a)

To ease access of SMEs to the market which in some sectors, for example baby food and medical food, appear to be dominated by a few large companies, the Commission should, in close cooperation with concerned stakeholders, adopt guidelines, by means of delegated acts, in order to help undertakings, in particular SMEs, to comply with the requirements laid down in this Regulation and thus facilitate competitiveness and innovation. [Am. 30]

| (29b) | In order to facilitate market access for food business operators – especially SMEs – wishing to sell foods resulting from scientific and technological progress, the Commission, in close cooperation with the relevant stakeholders, should adopt guidelines on the procedure for placing such food on the market on a temporary basis. [Am. 31] |
| --- | --- |

(29b)

In order to facilitate market access for food business operators – especially SMEs – wishing to sell foods resulting from scientific and technological progress, the Commission, in close cooperation with the relevant stakeholders, should adopt guidelines on the procedure for placing such food on the market on a temporary basis. [Am. 31]

| (29c) | The Commission should be empowered to authorise, by means of delegated acts, food resulting from scientific and technological progress to be placed on the market on a temporary basis in order that proper benefit may be derived from the fruits of industry research pending the amendment of the delegated act for the specific food category concerned. However, in the interests of consumer health protection, a marketing authorisation may be granted only after the Authority has been consulted. [Am. 91] |
| --- | --- |

(29c)

The Commission should be empowered to authorise, by means of delegated acts, food resulting from scientific and technological progress to be placed on the market on a temporary basis in order that proper benefit may be derived from the fruits of industry research pending the amendment of the delegated act for the specific food category concerned. However, in the interests of consumer health protection, a marketing authorisation may be granted only after the Authority has been consulted. [Am. 91]

HAVE ADOPTED THIS REGULATION:

Chapter I

Subject matter and definitions

Article 1

Subject matter

1.   This Regulation
  , which complements Union law on food,
  establishes compositional and information requirements for the following categories of food: [Am. 33]

| (a) | infant formula and follow-on formula; |
| --- | --- |

(a)

infant formula and follow-on formula;

| (b) | processed cereal-based food and baby food for infants and young children; |
| --- | --- |

(b)

processed cereal-based food and baby food for infants and young children;

| (c) | food for special medical purposes,
  including formula intended for low-birth-weight and pre-term infants; [Am. 34] |
| --- | --- |

(c)

food for special medical purposes,
  including formula intended for low-birth-weight and pre-term infants; [Am. 34]

| (ca) | food for people intolerant to gluten; and [Am. 35] |
| --- | --- |

(ca)

food for people intolerant to gluten; and [Am. 35]

| (cb) | foods intended for use in low and very low calorie diets. [Am. 36] |
| --- | --- |

(cb)

foods intended for use in low and very low calorie diets. [Am. 36]

2.   This Regulation lays down rules for the establishment and updating of a
  clearly defined

  Union list,
  in Annex I,
  of vitamins, minerals and other substances that can be added to the categories of food referred to in paragraph 1
  for a specific nutritional purpose
  . [Am. 37]

2a.
     
  The requirements laid down in this Regulation shall prevail over any other conflicting requirement of Union law applicable to food. [Am. 38]

Article 2

Definitions

1.   For the purposes of this Regulation, the following definitions shall apply:

| (a) | the definitions of
  '
  food
  ', 'retail'
  and 'placing on the market' set out in Article 2 and Article
  3(7) and
  3(8) of Regulation (EC) No 178/2002; [Am. 39] |
| --- | --- |

(a)

the definitions of
  '
  food
  ', 'retail'
  and 'placing on the market' set out in Article 2 and Article
  3(7) and
  3(8) of Regulation (EC) No 178/2002; [Am. 39]

| (b) | the definitions of
  ‘prepacked food’ and
  'labelling' and 'pre-packaged foodstuff

  set out
  in points (a)

  (e)
  and (b)

  (j)
  of Article 1(3)

  2(2)
  of Directive 2000/13/EC

  Regulation (EU) No 1169/2011
  ; [Am. 40] |
| --- | --- |

(b)

the definitions of
  ‘prepacked food’ and
  'labelling' and 'pre-packaged foodstuff

  set out
  in points (a)

  (e)
  and (b)

  (j)
  of Article 1(3)

  2(2)
  of Directive 2000/13/EC

  Regulation (EU) No 1169/2011
  ; [Am. 40]

| (c) | the definitions of 'nutrition claim' and 'health claim' set out in points (4) and (5) of Article 2(2) of Regulation (EC) No 1924/2006; |
| --- | --- |

(c)

the definitions of 'nutrition claim' and 'health claim' set out in points (4) and (5) of Article 2(2) of Regulation (EC) No 1924/2006;

| (d) | the definition of 'other substance' set out in Article 2(2) of Regulation (EC) No 1925/2006; and |
| --- | --- |

(d)

the definition of 'other substance' set out in Article 2(2) of Regulation (EC) No 1925/2006; and

| (da) | the definition of 'engineered nanomaterial' set out in point (t) of Article 2(2) of Regulation (EU) No 1169/2011. [Am. 41] |
| --- | --- |

(da)

the definition of 'engineered nanomaterial' set out in point (t) of Article 2(2) of Regulation (EU) No 1169/2011. [Am. 41]

2.   The following definitions shall also apply:

| (a) | ‘Authority’ means the European Food Safety Authority established by Regulation (EC) No 178/2002; |
| --- | --- |

(a)

‘Authority’ means the European Food Safety Authority established by Regulation (EC) No 178/2002;

| (b) | ‘infant’ means a child under the age of 12 months; |
| --- | --- |

(b)

‘infant’ means a child under the age of 12 months;

| (c) | ‘young child’ means a child between one and three years; |
| --- | --- |

(c)

‘young child’ means a child between one and three years;

| (d) | 'infant formula' means food used by infants during the first months of life and satisfying by itself the nutritional requirements of such infants until the introduction of appropriate complementary feeding; |
| --- | --- |

(d)

'infant formula' means food used by infants during the first months of life and satisfying by itself the nutritional requirements of such infants until the introduction of appropriate complementary feeding;

| (e) | 'follow-on formula' means food used by infants when appropriate complementary feeding is introduced and constituting the principal liquid element in a progressively diversified diet of such infants; |
| --- | --- |

(e)

'follow-on formula' means food used by infants when appropriate complementary feeding is introduced and constituting the principal liquid element in a progressively diversified diet of such infants;

| (f) | 'processed cereal-based food' means food:






  (i) | intended to fulfil the particular requirements of infants in good health while they are being weaned, and of young children in good health as a supplement to their diet and/or for their progressive adaptation to ordinary food; and |
| --- | --- | --- |

(f)

'processed cereal-based food' means food:

(i)

intended to fulfil the particular requirements of infants in good health while they are being weaned, and of young children in good health as a supplement to their diet and/or for their progressive adaptation to ordinary food; and

| (ii) | falling within the following four categories:






  — | simple cereals which are or have to be reconstituted with milk or other appropriate nutritious liquids; |
| --- | --- | --- |

(ii)

falling within the following four categories:

—

simple cereals which are or have to be reconstituted with milk or other appropriate nutritious liquids;

| — | cereals with an added high protein food which are or have to be reconstituted with water or other protein-free liquid; |
| --- | --- |

—

cereals with an added high protein food which are or have to be reconstituted with water or other protein-free liquid;

| — | pastas which are to be used after cooking in boiling water or other appropriate liquids; |
| --- | --- |

—

pastas which are to be used after cooking in boiling water or other appropriate liquids;

| — | rusks and biscuits which are to be used either directly or, after pulverisation, with the addition of water, milk or other suitable liquids; |
| --- | --- |

—

rusks and biscuits which are to be used either directly or, after pulverisation, with the addition of water, milk or other suitable liquids;

| (g) | 'baby food' means food intended to fulfil the particular requirements of infants in good health while they are being weaned, and of young children in good health as a supplement to their diet and/or for their progressive adaptation to ordinary food, excluding:






  (i) | processed cereal-based food and |
| --- | --- | --- |

(g)

'baby food' means food intended to fulfil the particular requirements of infants in good health while they are being weaned, and of young children in good health as a supplement to their diet and/or for their progressive adaptation to ordinary food, excluding:

(i)

processed cereal-based food and

| (ii) | milk intended for young children; |
| --- | --- |

(ii)

milk intended for young children;

| (h) | ‘food for special medical purposes’ means food
  specially processed or formulated and
  intended for the dietary management of patients to be used under medical supervision. It is intended for the exclusive or partial feeding of patients with a limited, impaired or disturbed capacity to take, digest, absorb, metabolise or excrete ordinary food or certain nutrients contained therein
  or metabolites
  , or with other medically-determined nutrient requirements, whose dietary management cannot be achieved only by modification of the normal diet.
  Food for special medical purposes also includes formula intended for low-birth-weight and pre-term infants. Such formula also has to comply with Directive 2006/141/EC; [Am. 92] |
| --- | --- |

(h)

‘food for special medical purposes’ means food
  specially processed or formulated and
  intended for the dietary management of patients to be used under medical supervision. It is intended for the exclusive or partial feeding of patients with a limited, impaired or disturbed capacity to take, digest, absorb, metabolise or excrete ordinary food or certain nutrients contained therein
  or metabolites
  , or with other medically-determined nutrient requirements, whose dietary management cannot be achieved only by modification of the normal diet.
  Food for special medical purposes also includes formula intended for low-birth-weight and pre-term infants. Such formula also has to comply with Directive 2006/141/EC; [Am. 92]

| (ha) | 'formula intended for low-birth-weight and pre-term infants' means a food specifically developed to meet the medically-determined nutrient requirements of infants who are born prematurely or at a low birth weight; [Am. 43] |
| --- | --- |

(ha)

'formula intended for low-birth-weight and pre-term infants' means a food specifically developed to meet the medically-determined nutrient requirements of infants who are born prematurely or at a low birth weight; [Am. 43]

| (hb) | 'food for people intolerant to gluten' means foodstuffs for particular nutritional uses which are specially produced, prepared or processed to meet the special dietary needs of people intolerant to gluten; [Am. 44] |
| --- | --- |

(hb)

'food for people intolerant to gluten' means foodstuffs for particular nutritional uses which are specially produced, prepared or processed to meet the special dietary needs of people intolerant to gluten; [Am. 44]

| (hc) | ‘gluten’ means a protein fraction from wheat, rye, barley, oats or their crossbred varieties and derivatives thereof and which is insoluble in water and 0,5 M sodium chloride solution; [Am. 45] |
| --- | --- |

(hc)

‘gluten’ means a protein fraction from wheat, rye, barley, oats or their crossbred varieties and derivatives thereof and which is insoluble in water and 0,5 M sodium chloride solution; [Am. 45]

| (hd) | 'food intended for use in low calorie diets' or 'LCD products', and 'food intended for use in very low calorie diets' or 'VLCD products' means specifically formulated food which, when used as instructed by the manufacturer, replaces the total daily diet.



  VLCD products contain between 400 and 800 kcal per day.


  LCD products contain between 800 and 1 200 kcal per day. [Am. 46]

  Food for special medical purposes within the meaning of point (h) of the first subparagraph falls within one of the following three categories:









  (i) | nutritionally complete foods with a standard nutrient formulation which, when used in accordance with the manufacturer's instructions, may constitute the sole source of nourishment for the persons for whom they are intended; |
| --- | --- | --- |

(hd)

'food intended for use in low calorie diets' or 'LCD products', and 'food intended for use in very low calorie diets' or 'VLCD products' means specifically formulated food which, when used as instructed by the manufacturer, replaces the total daily diet.

(i)

nutritionally complete foods with a standard nutrient formulation which, when used in accordance with the manufacturer's instructions, may constitute the sole source of nourishment for the persons for whom they are intended;

| (ii) | nutritionally complete foods with a nutrient-adapted formulation specific for a disease, disorder or medical condition which, when used in accordance with the manufacturer's instructions, may constitute the sole source of nourishment for the persons for whom they are intended; |
| --- | --- |

(ii)

nutritionally complete foods with a nutrient-adapted formulation specific for a disease, disorder or medical condition which, when used in accordance with the manufacturer's instructions, may constitute the sole source of nourishment for the persons for whom they are intended;

| (iii) | nutritionally incomplete foods with a standard formulation or a nutrient-adapted formulation specific for a disease, disorder or medical condition which are not suitable to be used as the sole source of nourishment. [Am. 47] |
| --- | --- |

(iii)

nutritionally incomplete foods with a standard formulation or a nutrient-adapted formulation specific for a disease, disorder or medical condition which are not suitable to be used as the sole source of nourishment. [Am. 47]

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 15 to adapt the definitions of 'infant formula', 'follow-on formula', 'processed cereal-based food' and 'baby food' and 'food for special medical purposes' taking into account technical and scientific progress and relevant developments at international level, as appropriate.
  [Am. 48]

Chapter II

Placing on the market

Article 3

Placing on the market

1.
     Food referred to in Article 1(1) may be placed on the market only if it complies with the provisions of this Regulation
  and Union law applicable to food
  .

2.
     
  Food referred to in Article 1(1) that is imported into the Union for the purpose of being placed on the market shall comply with the applicable provisions of Union food law. Food referred to in Article 1(1) that is exported or re-exported from the Union for the purpose of being placed on the market in a third country shall comply with the applicable provisions of Union food law, save if specific circumstances in the importing country, linked, for example, to climate or topography, justify a different composition and a different market preparation.

3.
     
  Food referred to in Article 1(1) may be placed on the market only in the form of pre-packed food.

4.
     
  Member States may not restrict or forbid the placing on the market of food which complies with this Regulation, for reasons related to their composition, manufacturing, presentation or labelling. [Am. 49]

4a.
     
  In order to enable food referred to in Article 1(1) and resulting from scientific and technological progress to be placed on the market rapidly, the Commission may, after consulting the Authority, adopt delegated acts in accordance with Article 15, authorising, for a two-year period, the placing on the market of food referred to in Article 1(1) that does not comply with the rules on composition laid down by this Regulation or by the delegated acts adopted pursuant to this Regulation. [Am. 50]

Article 4

Pre-packaged food

Food referred to in Article 1(1) shall only be allowed on the retail market in the form of pre-packaged food.
  [Am. 51]

Article 5

Free movement of goods

Member States may not, for reasons related to their composition, manufacturing, presentation or labelling, restrict or forbid the placing on the market of food which complies with this Regulation.
  [Am. 52]

Article 6

Emergency measures

1.   Where it is evident that a food referred to in Article 1(1) is likely to constitute a serious risk to human health and that that risk cannot be contained satisfactorily by means of measures taken by the Member State(s) concerned, the Commission on its own initiative or at the request of a Member State, shall without delay take appropriate interim emergency measures, including measures restricting or prohibiting the placing on the market of the food concerned, depending on the gravity of the situation. Those measures shall be adopted by means of implementing acts in accordance with the examination procedure referred to in Article 14(2).

2.   On duly justified imperative grounds of urgency to contain or address a serious risk to human health, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 14(3).

3.   Where a Member State officially informs the Commission of the need to take emergency measures and the Commission has not taken action pursuant to paragraph 1, the Member State concerned may adopt appropriate interim emergency measures, including measures restricting or prohibiting the placing on the market of the food concerned, depending on the gravity of the situation, within its territory. It shall immediately inform the other Member States and the Commission thereof, giving the grounds for its decision. The Commission shall adopt implementing acts aiming at extending, amending or abrogating the national interim emergency measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2). The Member State may maintain its national interim emergency measures until the implementing acts mentioned in this paragraph have been adopted.

Article 6a

Precautionary principle

Where, following an assessment of available scientific information, there are reasonable grounds for concern for the possibility of adverse effects but scientific uncertainty persists, provisional risk management measures may be adopted that are necessary to ensure a high level of protection of the vulnerable groups of the population for whom the food referred to in Article 1(1) is intended. [Am. 53]

Article 6b

Oversight

The national competent authorities shall ensure that an adequate system of oversight is put in place to ensure that food business operators comply with this Regulation and with the relevant health requirements. [Am. 54]

Chapter III

Requirements

Section 1

Introductory provisions

Article 7

Introductory provision

Food referred to in Article 1(1) shall comply with requirements of Union law applicable to food.

2.   The requirements laid down in this Regulation shall prevail over any other conflicting requirement of Union law applicable to food.
  [Am. 55]

Article 8

Opinions of the Authority

The Authority shall provide scientific opinions in accordance with Articles 22 and 23 of Regulation (EC) No 178/2002 for the purpose of applying this Regulation.

Article 8a

Food for normal consumption

In the labelling, presentation and advertising of food for normal consumption the following shall be prohibited:

| (a) | the use of the expression ‘specialised nutrition’, either alone or in conjunction with other words, to designate such food; |
| --- | --- |

(a)

the use of the expression ‘specialised nutrition’, either alone or in conjunction with other words, to designate such food;

| (b) | all other markings or any presentation likely to give the impression that the food belongs to one of the categories referred to in Article 1(1). [Am. 56] |
| --- | --- |

(b)

all other markings or any presentation likely to give the impression that the food belongs to one of the categories referred to in Article 1(1). [Am. 56]

Section 2

General requirements

Article 9

General composition and information requirements

1.   The composition of food referred to in Article 1(1) shall be such that it is appropriate to satisfy the nutritional needs of, and it is suitable for the persons to whom it is intended, in accordance with generally accepted
  peer-reviewed and independently evaluated
  scientific data
  and medical opinion
  . [Am. 57]

2.   Food referred to in Article 1(1) shall not contain any substance in such quantity as to endanger the health of the persons to whom they are intended.

3.   The labelling, presentation and advertising of food referred to in Article 1(1) shall provide adequate consumer information

  be accurate, clear and easy to understand for consumers
  and shall not be misleading.
  It shall not attribute properties to such food for the prevention, treatment or cure of human disease, or imply such properties. [Am. 58]

3a.
     
  The labelling of infant formula and follow-on formula shall not include pictures of infants, nor shall it include other pictures or text which may idealise the use of the product. Graphic representations for easy identification of the product and for illustrating methods of preparation shall, however, be permitted. Directive 2006/141/EC shall be amended accordingly. [Am. 59]

4.   The dissemination of useful information or recommendations with reference to the categories of food referred to in
  points (a), (b), (c) and (ca)
  of Article 1 (1) may be made exclusively by

  to
  persons with qualifications in medicine, nutrition,

  or
  pharmacy or other

  . Additional information disseminated by healthcare
  professionals responsible for maternal and child health care

  to the final consumer shall only be of a scientific and factual nature and shall not contain advertising. [Am. 60]

4a.
     
  In order to ensure efficient official monitoring, food business operators shall notify the competent authority of each Member State in which they place on the market food referred to in Article 1(1), by forwarding it a model of the product's label. [Am. 61]

4b.
     
  The use of pesticides in agricultural products intended for the production of food referred to in Article 1(1) shall be restricted as far as possible, without prejudice to Directive 2006/125/EC and Directive 2006/141/EC. [Am. 62]

4c.
     
  Specific requirements relating to food referred to in Article 1(1) that lay down limitations on the use of, or that ban, certain pesticides shall be updated regularly, with particular attention being paid to pesticides containing active substances, safeners or synergists classified under 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 (27) as mutagen category 1A or 1B, carcinogen category 1A or 1B, toxic for reproduction category 1A or 1B, considered to have endocrine-disrupting properties that may cause adverse effects in humans, or active substances approved as 'candidate for substitution' pursuant to Article 24 of Regulation (EC) No 1107/2009. [Am. 63]

Section 3

Specific requirements

Article 10

Specific composition and information requirements

1.   Food referred to in Article 1(1) shall comply with the requirements of Article 7 and composition and information requirements provided in Article 9.

2.   Subject to the general requirements of Articles 7 and 9
  , and to the specific requirements of Articles 10a and 10b,
  and taking into account Directive 2006/141/EC, Directive 2006/125/EC and Directive 1999/21/EC as well as any technical and scientific progress,
  in particular the results of risk evaluations and the precautionary principle as referred to in Article 6a,
  the Commission shall be empowered to adopt delegated Regulations,

  acts
  no later than ... (28), in accordance with Article 15, with respect to the following: [Am. 64]

| (a) | the specific compositional requirements of food referred to in Article 1(1); |
| --- | --- |

(a)

the specific compositional requirements of food referred to in Article 1(1);

| (b) | the specific requirements on the use of pesticides in agricultural products intended for the production of such food and on pesticides residues in such food; |
| --- | --- |

(b)

the specific requirements on the use of pesticides in agricultural products intended for the production of such food and on pesticides residues in such food;

| (c) | the specific requirements on labelling, presentation and advertising of food referred to in Article 1(1) including the authorisation of nutrition and health claims thereof;

  those requirements shall include the specific related rules already in force for food referred to in Article 1(1); [Am. 66] |
| --- | --- |

(c)

the specific requirements on labelling, presentation and advertising of food referred to in Article 1(1) including the authorisation of nutrition and health claims thereof;

  those requirements shall include the specific related rules already in force for food referred to in Article 1(1); [Am. 66]

| (ca) | the requirements for information to be provided on recommendations for appropriate use of food referred to in Article 1(1); [Am. 67] |
| --- | --- |

(ca)

the requirements for information to be provided on recommendations for appropriate use of food referred to in Article 1(1); [Am. 67]

| (d) | the notification procedure for the placing on the market of a food referred to in Article 1(1) in order to facilitate the efficient official monitoring of such food on the basis of which food business operators shall notify the competent authority of the Member State(s) where the product is being marketed; |
| --- | --- |

(d)

the notification procedure for the placing on the market of a food referred to in Article 1(1) in order to facilitate the efficient official monitoring of such food on the basis of which food business operators shall notify the competent authority of the Member State(s) where the product is being marketed;

| (e) | the requirements on promotional and commercial practices relating to infant formulae; |
| --- | --- |

(e)

the requirements on promotional and commercial practices relating to infant formulae;

| (f) | the requirements on information to be provided on infant and young child feeding in order to ensure adequate information on appropriate feeding practices; and |
| --- | --- |

(f)

the requirements on information to be provided on infant and young child feeding in order to ensure adequate information on appropriate feeding practices; and

| (fa) | a requirement for post-market monitoring of food referred to in Article 1(1), in order to verify whether the specific requirements are being complied with. [Am. 68] |
| --- | --- |

(fa)

a requirement for post-market monitoring of food referred to in Article 1(1), in order to verify whether the specific requirements are being complied with. [Am. 68]

3.   Subject to the
  general
  requirements of Articles 7 and 9
  , and to the specific requirements of Articles 10a and 10b,
  and taking into account relevant technical and scientific progress,
  in particular the results of new risk assessments and the precautionary principle as referred to in Article 6a,
  the Commission shall update the delegated
  acts
  mentioned in paragraph 2 of this Article in accordance with Article 15. [Am. 69]

Where, in the case of emerging health risks, imperative grounds of urgency so require, the procedure provided for in Article 16 shall apply to delegated acts adopted pursuant to this paragraph.

Article 10a

Food for people intolerant to gluten

1.
     
  In addition to the requirements of Article 9, food intended for people intolerant to gluten consisting of or containing one or more ingredients made from wheat, rye, barley, oats or their crossbred varieties which have been especially processed to reduce gluten, shall contain a level of gluten not exceeding 100 mg/kg in the food as sold to the final consumer.

2.
     
  Food intended for people intolerant to gluten sold to the final consumer which contain a level of gluten:

| — | not exceeding 100 mg/kg may be labelled ‘very low gluten content’; |
| --- | --- |

—

not exceeding 100 mg/kg may be labelled ‘very low gluten content’;

| — | not exceeding 20 mg/kg may be labelled ‘gluten free’. |
| --- | --- |

—

not exceeding 20 mg/kg may be labelled ‘gluten free’.

3.
     
  Food intended for people intolerant to gluten shall also comply with the following criteria:

| — | it shall provide roughly the same amount of vitamins and mineral salts as the foodstuffs they are replacing, |
| --- | --- |

—

it shall provide roughly the same amount of vitamins and mineral salts as the foodstuffs they are replacing,

| — | it shall be prepared with special care, in compliance with good manufacturing practice (GMP), to avoid gluten contamination, |
| --- | --- |

—

it shall be prepared with special care, in compliance with good manufacturing practice (GMP), to avoid gluten contamination,

| — | where the terms ‘very low gluten content’ or ‘gluten free’ are used, they shall appear in proximity to the name under which the food is marketed. [Am. 70] |
| --- | --- |

—

where the terms ‘very low gluten content’ or ‘gluten free’ are used, they shall appear in proximity to the name under which the food is marketed. [Am. 70]

Article 10b

Foods intended for use in low calorie diets and very low calorie diets

1.
     
  LCD and VLCD products shall comply with the compositional requirements set out in Annex II to this Regulation.

2.
     
  All individual components making up LCD and VLCD products, as sold, shall be contained in a single package.

3.
     
  The name under which LCD and VLCD products are sold shall be:

| (a) | for VLCD products,



  'Total diet replacement for use in very low calorie diets'; |
| --- | --- |

(a)

for VLCD products,

| (b) | for LCD products,



  'Total diet replacement for use in low calorie diets'. |
| --- | --- |

(b)

for LCD products,

4.
     
  The labelling of LCD and VLCD products shall bear, in addition to those provided for in Chapter IV of Regulation (EU) No 1169/2011, the following mandatory particulars:

| (a) | the available energy value expressed in kJ and kcal, and the content of proteins, carbohydrates and fat, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption; |
| --- | --- |

(a)

the available energy value expressed in kJ and kcal, and the content of proteins, carbohydrates and fat, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption;

| (b) | the average quantity of each mineral and each vitamin for which mandatory requirements are stipulated in paragraph 5 of AnnexII, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption; |
| --- | --- |

(b)

the average quantity of each mineral and each vitamin for which mandatory requirements are stipulated in paragraph 5 of AnnexII, expressed in numerical form, per specified quantity of the product ready for use as proposed for consumption;

| (c) | instructions for appropriate preparation, when necessary and a statement as to the importance of following those instructions; |
| --- | --- |

(c)

instructions for appropriate preparation, when necessary and a statement as to the importance of following those instructions;

| (d) | if a product provides a daily intake of polyols in excess of 20 g per day, when used as instructed by the manufacturer, there shall be a statement to the effect that the food may have a laxative effect; |
| --- | --- |

(d)

if a product provides a daily intake of polyols in excess of 20 g per day, when used as instructed by the manufacturer, there shall be a statement to the effect that the food may have a laxative effect;

| (e) | a statement on the importance of maintaining an adequate daily fluid intake; |
| --- | --- |

(e)

a statement on the importance of maintaining an adequate daily fluid intake;

| (f) | a statement that the product provides adequate amounts of all essential nutrients for the day; |
| --- | --- |

(f)

a statement that the product provides adequate amounts of all essential nutrients for the day;

| (g) | a statement that the product should not be used for more than three weeks without medical advice. |
| --- | --- |

(g)

a statement that the product should not be used for more than three weeks without medical advice.

5.
     
  The labelling, advertising and presentation of LCD and VLCD products concerned shall not make any reference to the rate or amount of weight loss which may result from their use. [Am. 71]

Article 10c

Access for SMEs to the internal market

The Commission shall, in close cooperation with all stakeholders and the Authority, adopt appropriate guidelines and provide technical guidance to enable undertakings, in particular SMEs, to comply with this Regulation and assist them in the preparation and presentation of the application for scientific assessment. The Commission shall be empowered to adopt delegated acts in accordance with Article 15 in order to adopt those guidelines. [Am. 72]

Chapter IV

Union List of permitted substances

Article 11

Union

  Establishment of a
  list of permitted substances

1.   
  Taking account of Directives 2006/141/EC and 2006/125/EC and Regulation (EC) No 953/2009, the Commission shall be empowered to adopt, no later than ... (29), delegated acts in accordance with Article 15, in order to insert in Annex I a list of vitamins, minerals and other substances which may be added to each category of food referred to in Article 1(1).

1.

  2.
     Vitamins, minerals, amino acids and other substances may be added to food referred to in Article 1(1), provided that such substances meet the following conditions:

| (a) | they do not, on the basis of the
  generally accepted and peer-reviewed
  scientific evidence available, pose a safety concern to the health of the consumer; and, |
| --- | --- |

(a)

they do not, on the basis of the
  generally accepted and peer-reviewed
  scientific evidence available, pose a safety concern to the health of the consumer; and,

| (b) | they are available for use by the human body; |
| --- | --- |

(b)

they are available for use by the human body;

| (ba) | they are suitable for the nutritional use for which they are intended; and |
| --- | --- |

(ba)

they are suitable for the nutritional use for which they are intended; and

| (bb) | they have, on the basis of generally accepted scientific evidence, a nutritional or physiological effect. |
| --- | --- |

(bb)

they have, on the basis of generally accepted scientific evidence, a nutritional or physiological effect.

2.   No later than [2 years after the date of the entry into force of this Regulation], the Commission shall establish and subsequently update a Union list of permitted substances that meet the conditions of paragraph 1, by means of implementing Regulations. The entry of a substance in the Union list shall include a specification of the substance, and, where appropriate, specify the conditions of use and the applicable purity criteria. Those implementing Regulations shall be adopted in accordance with the examination procedure referred to in Article 14(2). On duly justified grounds of extreme urgency relating to emerging health risks, the Commission shall adopt immediately applicable implementing acts updating the Union list in accordance with Article 14(3).

2a.
     
  For substances referred to in paragraph 2 that are engineered nanomaterials, the following additional conditions shall apply:

| (a) | the condition in point (a) of paragraph 2 has been demonstrated on the basis of adequate test methods; and |
| --- | --- |

(a)

the condition in point (a) of paragraph 2 has been demonstrated on the basis of adequate test methods; and

| (b) | their nutritional value and the suitability for the persons for whom they are intended has been shown. [Am. 87] |
| --- | --- |

(b)

their nutritional value and the suitability for the persons for whom they are intended has been shown. [Am. 87]

Article 11a

Updating of the list of permitted substances

3.

  1.
     The addition of a
  new
  substance in the Union list referred to in paragraph 2

  to Annex I
  may be initiated either on the initiative of the Commission or following an application. Applications may be made by a Member State or by an interested party, who may also represent several interested parties (hereinafter referred to as the 'applicant'). Applications shall be sent to the Commission, in accordance with paragraph 4.

1a.
     
  The applicant shall submit an application to the Commission in accordance with paragraph 2. The Commission shall acknowledge receipt in writing within 14 days of its receipt.

4.

  2.
     The application shall include:

| (a) | the name and the address of the applicant; |
| --- | --- |

(a)

the name and the address of the applicant;

| (b) | the name and a clear description of the substance |
| --- | --- |

(b)

the name and a clear description of the substance

| (c) | the composition of the substance; |
| --- | --- |

(c)

the composition of the substance;

| (d) | the proposed use of the substance and conditions thereof; |
| --- | --- |

(d)

the proposed use of the substance and conditions thereof;

| (e) | a systematic review of the scientific data and appropriate
  peer-reviewed
  studies performed following generally accepted expert guidance on the design and conduct of such studies; |
| --- | --- |

(e)

a systematic review of the scientific data and appropriate
  peer-reviewed
  studies performed following generally accepted expert guidance on the design and conduct of such studies;

| (f) | scientific evidence demonstrating the quantity of the substance which does not endanger the health of the persons to whom it isintended and its suitability for the intended uses; |
| --- | --- |

(f)

scientific evidence demonstrating the quantity of the substance which does not endanger the health of the persons to whom it isintended and its suitability for the intended uses;

| (g) | scientific evidence demonstrating that the substance is available for use by the human body
  and has a nutritional or physiological effect
  ; |
| --- | --- |

(g)

scientific evidence demonstrating that the substance is available for use by the human body
  and has a nutritional or physiological effect
  ;

| (h) | a summary of the content of the application. |
| --- | --- |

(h)

a summary of the content of the application.

5.

  3.
     If a substance is already included in the Union list

  Annex I
  and there is a significant change in the production methods, or there is a change in particle size, for example through nanotechnology, the substance prepared by those new methods
  or with a change in particle size
  shall be considered as a different substance and the Union listbe modified accordingly before it can be placed on the Union market.

  A separate application shall be required for its inclusion in Annex I
  .

4.
     
  If a substance that is in Annex I no longer meets the conditions referred to in Article 11(2) and (2a), the Commission shall decide to remove that substance from Annex I.

5.
     
  The entry for a substance into Annex I shall include:

| — | a specification of the substance; |
| --- | --- |

—

a specification of the substance;

| — | where appropriate, a specification of the conditions of use; and |
| --- | --- |

—

where appropriate, a specification of the conditions of use; and

| — | where appropriate, a specification of the applicable purity criteria. |
| --- | --- |

—

where appropriate, a specification of the applicable purity criteria.

6.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 15 in order to update Annex I. Where, in the case of emerging health risks, imperative grounds of urgency so require, the procedure provided for in Article 16 shall apply to delegated acts adopted pursuant to this paragraph. [Am. 88]

Article 12

Confidential information relating to applications

1.   Among the information provided in the application referred to in Article 11, confidential treatment may be given to information the disclosure of which might significantly harm the competitive position of the applicant.

2.   Information relating to the following shall not, in any circumstances, be regarded as confidential:

| (i) | the name and address of the applicant; |
| --- | --- |

(i)

the name and address of the applicant;

| (ii) | the name and description of the substance; |
| --- | --- |

(ii)

the name and description of the substance;

| (iii) | the justification for the use of the substance in or on specific food; |
| --- | --- |

(iii)

the justification for the use of the substance in or on specific food;

| (iv) | information that is relevant to the assessment of the safety of the substance; |
| --- | --- |

(iv)

information that is relevant to the assessment of the safety of the substance;

| (v) | where applicable, the analysis method(s) used by the applicant; |
| --- | --- |

(v)

where applicable, the analysis method(s) used by the applicant;

| (va) | any scientific data gathered from animal testing for the assessment of the safety of the substance. [Am. 75] |
| --- | --- |

(va)

any scientific data gathered from animal testing for the assessment of the safety of the substance. [Am. 75]

3.   Applicants shall indicate which of the information provided they wish to be treated as confidential. Verifiable justification must be given in such cases.

4.   The Commission shall decide after consulting with the applicants which information can remain confidential and shall notify applicants and the Member States accordingly.

5.   After being informed of the Commission’s position, applicants shall have three weeks in which to withdraw their application so as to preserve the confidentiality of the information provided. Confidentiality shall be preserved until this period expires.

Chapter V

Confidentiality

Article 13

General
  transparency and
  confidentiality clause

The Commission, the Authority and the Member States shall, in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (30),
  guarantee the broadest possible access to documents and, in particular, shall assist members of the public with, and inform them about, the procedures for submitting applications for access to documents
  .
  They shall also
  take the necessary measures to ensure appropriate confidentiality of the information received by them under this Regulation, except for information which must be made public if circumstances so require in order to protect human health, animal health or the environment. [Am. 76]

Chapter VI

Procedural provisions

Article 14

Committee

1.   The Commission shall be assisted by the Standing Committee on the Food Chain and Animal Health. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.

3.   Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

Article 15

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The delegation of power
  to adopt delegated acts
  referred to in Articles 2(3) and 10

  3(4a), 10(2) and (3), 10c, 11(1)
  and
  11a(6)

  of this Regulation shall be conferred for an indeterminate

  a
  period of time from the (*) [(*) Date of entry into force of the basic legislative act or from any other date set by the legislator.]

  of 5 years from ... (31)

  .
  The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 77]

3.   The delegation of powers

  power to adopt delegated acts
  referred to in Articles 2(3) and 10

  3(4a), 10(2) and (3), 10c, 11(1) and 11a(6)
  may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 78]

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to
  Articles

  2(3)

  3(4a), 10(2) and (3), 10c, 11(1) and

  10

  11a(6)
  shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council. [Am. 79]

Article 16

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 15. 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 the Council.

Chapter VII

Final provisions

Article 16a

Food for people intolerant to lactose

By ... (32), the Commission shall present a report, if appropriate accompanied by a legislative proposal, to the European Parliament and to the Council, in order to clarify the status of labelling indications of 'lactose free' and 'very low lactose content' under general food law. [Am. 80]

Article 16b

Milks intended for young children

By ... (32), the Commission shall, after consulting the Authority, submit a report to the European Parliament and to the Council assessing the need for special provisions regarding the composition and labelling of milks intended for young children. This report shall consider the nutritional needs, the pattern of consumption, the nutritional intake and the levels of exposure to contaminants and pesticides of these young children. The report shall also consider whether these milks have any nutritional benefits when compared to a normal diet for a child who is being weaned. In the light of the conclusions of that report, the Commission shall either:

| (a) | decide that there is no need for special provisions regarding the composition and labelling of milks intended for young children; or |
| --- | --- |

(a)

decide that there is no need for special provisions regarding the composition and labelling of milks intended for young children; or

| (b) | if appropriate, submit, in accordance with the ordinary legislative procedure and on the basis of Article 114 of the TFEU, a legislative proposal. |
| --- | --- |

(b)

if appropriate, submit, in accordance with the ordinary legislative procedure and on the basis of Article 114 of the TFEU, a legislative proposal.

Prior to the preparation of the Commission report referred to in the first paragraph, the milks intended for young children shall continue to fall within the scope of the relevant Union legislation such as Regulation (EC) No 178/2002, Regulation (EC) No 1925/2006 and Regulation (EC) No 1924/2006. [Am. 81]

Article 17

Repeal

1.   Directive 92/52/EEC and Directive 2009/39/EC are repealed from ... (33). References to the repealed acts shall be construed as references to this Regulation.

2.   Directive 96/8/EC and Regulation (EC) No 41/2009 are repealed from ... (33)
  .

Article 18

Transitional measures

Food not complying with this Regulation but complying with Directives 2009/39/EC and 96/8/EC, Regulations (EC) No 41/2009 and (EC) No 953/2009, and labelled prior to ... (34) may continue to be marketed after that date until stocks are exhausted.

Article 19

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from ... (35).

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 24, 28.1.2012, p. 119.

1

(2)  Position of the European Parliament of 14 June 2012.

2

(3)  OJ L 124, 20.5.2009, p. 21.

3

(4)  

  OJ L 183, 12.7.2002, p. 51.

4

OJ L 183, 12.7.2002, p. 51.

(5)  

  OJ L 404, 30.12.2006, p. 9.

5

OJ L 404, 30.12.2006, p. 9.

(6)  

  OJ L 404, 30.12.2006, p. 26.

6

OJ L 404, 30.12.2006, p. 26.

(7)  

  OJ L 304, 22.11.2011, p. 18.

7

OJ L 304, 22.11.2011, p. 18.

(8)  OJ L 401, 30.12.2006, p. 1.

8

(9)  OJ L 339, 6.12.2006, p. 16.

9

(10)  OJ L 55, 6.3.1996, p. 22.

10

(11)  OJ L 91, 7.4.1999, p. 29.

11

(12)  OJ L 16, 21.1.2009, p. 3.

12

(13)  OJ L 179, 1.7.1992, p. 129.

13

(14)  

  OJ C 172, 8.7.1992, p. 1.

14

OJ C 172, 8.7.1992, p. 1.

(15)  COM (2008) 392 Report from the Commission to the European Parliament and the Council on foods for persons suffering from carbohydrate metabolism disorders (diabetes), Brussels, 26.6.2008.

15

COM (2008) 392 Report from the Commission to the European Parliament and the Council on foods for persons suffering from carbohydrate metabolism disorders (diabetes), Brussels, 26.6.2008.

(16)  
  COM(2008)0392.

16

COM(2008)0392.

(17)  Report from the Commission to the European Parliament and the Council on the implementation of Article 9 of Council Directive 89/398/EEC on the approximation of the laws of the member States relating to foodstuffs intended for particular nutritional uses, COM (2008)0393, dated 27.6.2008.

17

(18)  An analysis of the European, social and environmental impact of the policy options for the revision of the Framework Directive on dietetic foods – Study report Agra CEAS Consulting, dated 29.4.2009.

18

(19)  OJ L 31, 1.2.2002, p. 1.

19

(20)  

  OJ L 309, 24.11.2009, p. 1.

20

OJ L 309, 24.11.2009, p. 1.

(21)  

  OJ L 70, 16.3.2005, p. 1.

21

OJ L 70, 16.3.2005, p. 1.

(22)  
  OJ L 184, 17.7.1999, p. 23.

22

OJ L 184, 17.7.1999, p. 23.

(23)  

  OJ L 269, 14.10.2009, p. 9.

23

OJ L 269, 14.10.2009, p. 9.

(24)  
  OJ L 55, 28.2.2011, p. 13.

24

OJ L 55, 28.2.2011, p. 13.

(25)  OJ L 55, 28.2.2011, p. 13.

25

(26)  

  OJ L 165, 30.4.2004, p. 1.

26

OJ L 165, 30.4.2004, p. 1.

(27)  

  OJ L 353, 31.12.2008, p. 1.

27

OJ L 353, 31.12.2008, p. 1.

(28)  2 years after the date of entry into force of this Regulation.

28

(29)  
  2 years after the date of entry into force of this Regulation

29

2 years after the date of entry into force of this Regulation

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

30

(31)  
  Date of entry into force of this Regulation.

31

Date of entry into force of this Regulation.

(32)  
  1 year after entry into force of this Regulation.

32

1 year after entry into force of this Regulation.

(33)  the first day of the month 2 years after the date of the entry into force of this Regulation.

33

(34)  2 years after the date of the entry into force of this Regulation.

34

(35)  the first day of the month 2 years after the date of the entry into force of this Regulation.

35

---

Thursday 14 June 2012Annex I

List of permitted substances [Am. 89]

---

Thursday 14 June 2012Annex II

Compositional requirements for LCD and VLCD products

These specifications refer to LCD and VLCD products ready for use, marketed as such or reconstituted as instructed by the manufacturer.

1.
     
  Energy

| 1.1. | The energy provided by a VLCD product shall not be less than 1 680 kJ (400 kcal) and shall not exceed 3 360 kJ (800 kcal) for the total daily ration. |
| --- | --- |

1.1.

| 1.2. | The energy provided by a LCD product shall not be less than 3 360 kJ (800 kcal) and shall not exceed 5 040 kJ (1 200 kcal) for the total daily ration. |
| --- | --- |

1.2.

2.
     
  Protein

| 2.1. | The protein contained in LCD and VLCD products shall provide not less than 25 % and not more than 50 % of the total energy of the product. In any event the amount of protein of these products shall not exceed 125 g. |
| --- | --- |

2.1.

| 2.2. | Point 2.1 refers to a protein the chemical index of which is equal to that of the FAO/WHO (1985) reference protein set out in Table 2. If the chemical index is lower than 100 % of the reference protein, the minimum protein levels shall be correspondingly increased. In any event the chemical index of the protein shall at least be equal to 80 % of that of the reference protein. |
| --- | --- |

2.2.

| 2.3. | The ‘chemical index’ shall mean the lowest of the ratios between the quantity of each essential amino acid of the test protein in and the quantity of each corresponding amino acid of the reference protein. |
| --- | --- |

2.3.

| 2.4. | In every event, the addition of amino acids is permitted solely for the purpose of improving the nutritional value of the proteins, and only in the proportions necessary for that purpose. |
| --- | --- |

2.4.

3.
     
  Fat

| 3.1. | The energy derived from fat shall not exceed 30 % of the total available energy of the product. |
| --- | --- |

3.1.

| 3.2. | The linoleic acid (in the form of glycerides) shall not be less than 4,5 g. |
| --- | --- |

3.2.

4.
     
  Dietary fibre

The dietary fibre content of LCD and VLCD products shall not be less than 10 g and shall not exceed 30 g for the daily ration.

5.
     
  Vitamins and minerals

The LCD and VLCD products shall provide for the whole of the daily diet at least: 100 % of the amounts of vitamins and minerals specified in Table 1.

Table 1

| Vitamin A | (μg RE) | 700 |
| --- | --- | --- |
| Vitamin D | (μg) | 5 |
| Vitamin E | (mg-TE) | 10 |
| Vitamin C | (mg) | 45 |
| Thiamin | (mg) | 1,1 |
| Riboflavin | (mg) | 1,6 |
| Niacin | (mg-NE) | 18 |
| Vitamin B6 | (mg) | 1,5 |
| Folate | (μg) | 200 |
| Vitamin B12 | (μg) | 1,4 |
| Biotin | (μg) | 15 |
| Pantothenic acid | (mg) | 3 |
| Calcium | (mg) | 700 |
| Phosphorus | (mg) | 550 |
| Potassium | (mg) | 3 100 |
| Iron | (mg) | 16 |
| Zinc | (mg) | 9,5 |
| Copper | (mg) | 1,1 |
| Iodine | (μg) | 130 |
| Selenium | (μg) | 55 |
| Sodium | (mg) | 575 |
| Magnesium | (mg) | 150 |
| Manganese | (mg) | 1 |

Vitamin A

(μg RE)

700

Vitamin D

(μg)

5

Vitamin E

(mg-TE)

10

Vitamin C

(mg)

45

Thiamin

(mg)

1,1

Riboflavin

(mg)

1,6

Niacin

(mg-NE)

18

Vitamin B6

(mg)

1,5

Folate

(μg)

200

Vitamin B12

(μg)

1,4

Biotin

(μg)

15

Pantothenic acid

(mg)

3

Calcium

(mg)

700

Phosphorus

(mg)

550

Potassium

(mg)

3 100

Iron

(mg)

16

Zinc

(mg)

9,5

Copper

(mg)

1,1

Iodine

(μg)

130

Selenium

(μg)

55

Sodium

(mg)

575

Magnesium

(mg)

150

Manganese

(mg)

1

Table 2

AMINO ACID REQUIREMENT PATTERN (1)

| | g/100 g protein |
| --- | --- |
| Cystine + methionine | 1,7 |
| Histidine | 1,6 |
| Isoleucine | 1,3 |
| Leucine | 1,9 |
| Lysine | 1,6 |
| Phenylalanine + tyrosine | 1,9 |
| Threonine | 0,9 |
| Tryptophan | 0,5 |
| Valine | 1,3 |

g/100 g protein

Cystine + methionine

1,7

Histidine

1,6

Isoleucine

1,3

Leucine

1,9

Lysine

1,6

Phenylalanine + tyrosine

1,9

Threonine

0,9

Tryptophan

0,5

Valine

1,3

[Am. 82]

---

(1)  
  World Health Organisation. Energy and protein requirements. Report of a Joint FAO/WHO/UNU Meeting. Geneva: World Health Organisation, 1985. (WHO Technical Report Series, 724).

---