# Official Journal C 239E/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.CE2013.239.eng |
| --- | --- |
| Official Journal
  of the European Union | C 239E |
| | |
| English edition | Information and Notices | Volume 5620 August 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.CE2013.239.eng

Official Journal

of the European Union

C 239E

English edition

Information and Notices

Volume 5620 August 2013

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | European Parliament2012-2013 SESSIONSitting of 2 February 2012The Minutes of this session have been published in OJ C 114 E, 19.4.2012.TEXTS ADOPTED |
| | Thursday 2 February 2012 |
| 2013/C 239E/01 | EU foreign policy towards the BRICS and other emerging powersEuropean Parliament resolution of 2 February 2012 on the EU foreign policy towards the BRICS and other emerging powers: objectives and strategies (2011/2111(INI)) | 1 |
| 2013/C 239E/02 | Consistent policy towards regimes against which the EU applies restrictive measuresEuropean Parliament recommendation to the Council of 2 February 2012 on a consistent policy towards regimes against which the EU applies restrictive measures, when their leaders exercise their personal and commercial interests within EU borders (2011/2187(INI)) | 11 |
| 2013/C 239E/03 | Cross-border transfer of company seatsEuropean Parliament resolution of 2 February 2012 with recommendations to the Commission on a 14th company law directive on the cross-border transfer of company seats (2011/2046(INI)) | 18 |
| ANNEX | 21 |
| 2013/C 239E/04 | Budgetary control of EU humanitarian aidEuropean Parliament resolution of 2 February 2012 on the budgetary control of EU humanitarian aid managed by ECHO (2011/2073(INI)) | 23 |
| 2013/C 239E/05 | Towards a coherent European approach to collective redressEuropean Parliament resolution of 2 February 2012 on Towards a Coherent European Approach to Collective Redress (2011/2089(INI)) | 32 |
| 2013/C 239E/06 | Nutrition claimsEuropean Parliament resolution of 2 February 2012 on the draft Commission regulation amending Regulation (EC) No 1924/2006 with regard to the list of nutrition claims | 39 |
| 2013/C 239E/07 | Conclusions of the informal European Council meeting of 30 January 2012European Parliament resolution of 2 February 2012 on the European Council of 30 January 2012 | 41 |
| 2013/C 239E/08 | Iran and its nuclear programmeEuropean Parliament resolution of 2 February 2012 on Iran and its nuclear programme | 43 |
| 2013/C 239E/09 | European dimension in sportEuropean Parliament resolution of 2 February 2012 on the European dimension in sport (2011/2087(INI)) | 46 |
| 2013/C 239E/10 | Application of waste management directiveEuropean Parliament resolution of 2 February 2012 on the issues raised by petitioners in relation to the application of the Waste Management Directive, and related directives, in the Member States of the European Union (2011/2038(INI)) | 60 |
| 2013/C 239E/11 | Daphne programmeEuropean Parliament resolution of 2 February 2012 on the Daphne programme: achievements and future prospects (2011/2273(INI)) | 69 |
| 2013/C 239E/12 | Women's situation in warEuropean Parliament resolution of 2 February 2012 on women’s situation in war 2011/2198(INI)) | 74 |
| 2013/C 239E/13 | EU development cooperation in support of the objective of universal energy access by 2030European Parliament resolution of 2 February 2012 on EU development cooperation in support of the objective of universal energy access by 2030 (2011/2112(INI)) | 83 |
| 2013/C 239E/14 | Annual tax reportEuropean Parliament resolution of 2 February 2012 on the Annual Tax Report (2011/2271(INI)) | 89 |
| 2013/C 239E/15 | EU competition policyEuropean Parliament resolution of 2 February 2012 on the Annual Report on EU Competition Policy (2011/2094(INI)) | 97 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament2012-2013 SESSIONSitting of 2 February 2012The Minutes of this session have been published in OJ C 114 E, 19.4.2012.TEXTS ADOPTED

Thursday 2 February 2012

2013/C 239E/01

EU foreign policy towards the BRICS and other emerging powersEuropean Parliament resolution of 2 February 2012 on the EU foreign policy towards the BRICS and other emerging powers: objectives and strategies (2011/2111(INI))

1

2013/C 239E/02

Consistent policy towards regimes against which the EU applies restrictive measuresEuropean Parliament recommendation to the Council of 2 February 2012 on a consistent policy towards regimes against which the EU applies restrictive measures, when their leaders exercise their personal and commercial interests within EU borders (2011/2187(INI))

11

2013/C 239E/03

Cross-border transfer of company seatsEuropean Parliament resolution of 2 February 2012 with recommendations to the Commission on a 14th company law directive on the cross-border transfer of company seats (2011/2046(INI))

18

ANNEX

21

2013/C 239E/04

Budgetary control of EU humanitarian aidEuropean Parliament resolution of 2 February 2012 on the budgetary control of EU humanitarian aid managed by ECHO (2011/2073(INI))

23

2013/C 239E/05

Towards a coherent European approach to collective redressEuropean Parliament resolution of 2 February 2012 on Towards a Coherent European Approach to Collective Redress (2011/2089(INI))

32

2013/C 239E/06

Nutrition claimsEuropean Parliament resolution of 2 February 2012 on the draft Commission regulation amending Regulation (EC) No 1924/2006 with regard to the list of nutrition claims

39

2013/C 239E/07

Conclusions of the informal European Council meeting of 30 January 2012European Parliament resolution of 2 February 2012 on the European Council of 30 January 2012

41

2013/C 239E/08

Iran and its nuclear programmeEuropean Parliament resolution of 2 February 2012 on Iran and its nuclear programme

43

2013/C 239E/09

European dimension in sportEuropean Parliament resolution of 2 February 2012 on the European dimension in sport (2011/2087(INI))

46

2013/C 239E/10

Application of waste management directiveEuropean Parliament resolution of 2 February 2012 on the issues raised by petitioners in relation to the application of the Waste Management Directive, and related directives, in the Member States of the European Union (2011/2038(INI))

60

2013/C 239E/11

Daphne programmeEuropean Parliament resolution of 2 February 2012 on the Daphne programme: achievements and future prospects (2011/2273(INI))

69

2013/C 239E/12

Women's situation in warEuropean Parliament resolution of 2 February 2012 on women’s situation in war 2011/2198(INI))

74

2013/C 239E/13

EU development cooperation in support of the objective of universal energy access by 2030European Parliament resolution of 2 February 2012 on EU development cooperation in support of the objective of universal energy access by 2030 (2011/2112(INI))

83

2013/C 239E/14

Annual tax reportEuropean Parliament resolution of 2 February 2012 on the Annual Tax Report (2011/2271(INI))

89

2013/C 239E/15

EU competition policyEuropean Parliament resolution of 2 February 2012 on the Annual Report on EU Competition Policy (2011/2094(INI))

97

| Key to symbols used






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

Key to symbols used

*

Consultation procedure

**I

Cooperation procedure: first reading

**II

Cooperation procedure: second reading

***

Assent procedure

***I

Codecision procedure: first reading

***II

Codecision procedure: second reading

***III

Codecision procedure: third reading

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

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

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

| EN | |
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EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament 2012-2013 SESSION Sitting of 2 February 2012 The Minutes of this session have been published in OJ C 114 E, 19.4.2012. TEXTS ADOPTED

Thursday 2 February 2012

| 20.8.2013 | EN | Official Journal of the European Union | CE 239/1 |
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20.8.2013

EN

Official Journal of the European Union

CE 239/1

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Thursday 2 February 2012EU foreign policy towards the BRICS and other emerging powers

P7_TA(2012)0017

European Parliament resolution of 2 February 2012 on the EU foreign policy towards the BRICS and other emerging powers: objectives and strategies (2011/2111(INI))

2013/C 239 E/01

The European Parliament,

| — | having regard to Article 21 of the Treaty on European Union, in particular its point (h), which sets forth that the Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to promote an international system based on stronger multilateral cooperation and good global governance, |
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—

having regard to Article 21 of the Treaty on European Union, in particular its point (h), which sets forth that the Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to promote an international system based on stronger multilateral cooperation and good global governance,

| — | having regard to Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (1), |
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—

having regard to Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (1),

| — | having regard to its resolution of 10 March 2010 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 (CFSP) in 2008, presented to the European Parliament in application of Part II, Section G, paragraph 43 of the Interinstitutional Agreement of 17 May 2006 (2), |
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—

having regard to its resolution of 10 March 2010 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 (CFSP) in 2008, presented to the European Parliament in application of Part II, Section G, paragraph 43 of the Interinstitutional Agreement of 17 May 2006 (2),

| — | having regard to the European Council conclusions of 16 September 2010 as regards the EU’s relations with its strategic partners, |
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—

having regard to the European Council conclusions of 16 September 2010 as regards the EU’s relations with its strategic partners,

| — | having regard to its resolution of 5 April 2011 on migration flows arising from instability: scope and role of EU foreign policy (3), |
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having regard to its resolution of 5 April 2011 on migration flows arising from instability: scope and role of EU foreign policy (3),

| — | having regard to its recommendation to the Council of 8 June 2011 on the 66th Session of the United Nations General Assembly (4), |
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—

having regard to its recommendation to the Council of 8 June 2011 on the 66th Session of the United Nations General Assembly (4),

| — | having regard to its resolution of 13 September 2011 on an effective raw materials strategy for Europe (5), |
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having regard to its resolution of 13 September 2011 on an effective raw materials strategy for Europe (5),

| — | having regard to its resolution of 7 July 2011 on EU external policies in favour of democratisation (6), |
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having regard to its resolution of 7 July 2011 on EU external policies in favour of democratisation (6),

| — | having regard to the Commission Communication on the Financial Framework 2014-2020, entitled ‘A Budget for Europe 2020’ (COM(2011)0500), |
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—

having regard to the Commission Communication on the Financial Framework 2014-2020, entitled ‘A Budget for Europe 2020’ (COM(2011)0500),

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

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Development (A7-0010/2012), |
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—

having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Development (A7-0010/2012),

| A. | whereas the growing political and economic relevance of Brazil, Russia, India, China and South Africa (the BRICS) entails an increased relevance of these countries in foreign policy terms; |
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A.

whereas the growing political and economic relevance of Brazil, Russia, India, China and South Africa (the BRICS) entails an increased relevance of these countries in foreign policy terms;

| B. | whereas the BRICS and other emerging economies could become increasingly relevant in foreign policy terms on the global scene if their economic growth is further consolidated; |
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B.

whereas the BRICS and other emerging economies could become increasingly relevant in foreign policy terms on the global scene if their economic growth is further consolidated;

| C. | whereas seven emerging countries (Brazil, Russia, India, China, Indonesia, Mexico and Turkey) are projected to have larger economies than, collectively, the G-7 countries (USA, Japan, Canada, United Kingdom, Germany, France and Italy) in 2050; whereas, in terms of gross domestic product, China is projected to become the world’s largest economy before 2020; whereas India could become the fastest growing economy in the world before 2050; whereas, in 2050, China, the USA and India could together represent 50 % of the world’s economy; whereas the EU could be of a broadly comparable scale to any of these countries if it acts as a single and robust political entity; whereas such a comparable scale is key to maintaining political leverage and being able to continue to promote universal values in the new multipolar system of global governance that is taking shape; whereas this should be done in the framework of a foreign policy approach aimed at promoting partnership, cooperation and shared governance based on common values; |
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C.

whereas seven emerging countries (Brazil, Russia, India, China, Indonesia, Mexico and Turkey) are projected to have larger economies than, collectively, the G-7 countries (USA, Japan, Canada, United Kingdom, Germany, France and Italy) in 2050; whereas, in terms of gross domestic product, China is projected to become the world’s largest economy before 2020; whereas India could become the fastest growing economy in the world before 2050; whereas, in 2050, China, the USA and India could together represent 50 % of the world’s economy; whereas the EU could be of a broadly comparable scale to any of these countries if it acts as a single and robust political entity; whereas such a comparable scale is key to maintaining political leverage and being able to continue to promote universal values in the new multipolar system of global governance that is taking shape; whereas this should be done in the framework of a foreign policy approach aimed at promoting partnership, cooperation and shared governance based on common values;

| D. | whereas, with the process of consolidation of strong economic and foreign policy powers such as the BRICS, a multi-polar system has emerged, where global leadership is increasingly shared amongst several countries and regional blocs of countries; whereas such a multi-polar system entails a progressive shift in global economic power to the BRICS and other emerging economies and may further entail a shift of leadership and positive leverage in foreign policy terms from established powers to emerging powers; whereas the current economic crisis has accelerated the transition towards a multipolar system; whereas the emergence of new global players may prove a valuable opportunity for constructive partnership between the emerged powers and the emerging ones and for concerted action on global issues and challenges; |
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D.

whereas, with the process of consolidation of strong economic and foreign policy powers such as the BRICS, a multi-polar system has emerged, where global leadership is increasingly shared amongst several countries and regional blocs of countries; whereas such a multi-polar system entails a progressive shift in global economic power to the BRICS and other emerging economies and may further entail a shift of leadership and positive leverage in foreign policy terms from established powers to emerging powers; whereas the current economic crisis has accelerated the transition towards a multipolar system; whereas the emergence of new global players may prove a valuable opportunity for constructive partnership between the emerged powers and the emerging ones and for concerted action on global issues and challenges;

| E. | whereas transnational challenges – such as climate change, global regulatory issues, access to raw materials and rare earths, terrorism, the fight against non-State based radical movements, sustainable development, global political stability and security – will require a rule-based, inclusive approach based on partnership, common values, consensus, close consultation and cooperation with the new emerging powers, if truly shared, effective solutions to transnational challenges are to be found; whereas the EU could and should take the initiative in this respect; |
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E.

whereas transnational challenges – such as climate change, global regulatory issues, access to raw materials and rare earths, terrorism, the fight against non-State based radical movements, sustainable development, global political stability and security – will require a rule-based, inclusive approach based on partnership, common values, consensus, close consultation and cooperation with the new emerging powers, if truly shared, effective solutions to transnational challenges are to be found; whereas the EU could and should take the initiative in this respect;

| F. | whereas, without an inclusive new global governance system based on close consultation and cooperation with the BRICS and other emerging economies, there will be little incentive for international cooperation and concerted action on major global issues with the potential risk of (i) political and economic fragmentation and the emergence of competing world agendas and separate regional areas, (ii) the disentanglement of global economic structures and investment flows and (iii) the creation of regional blocs of influence with very limited international coordination and no possibility of concerted solutions to transnational challenges; |
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F.

whereas, without an inclusive new global governance system based on close consultation and cooperation with the BRICS and other emerging economies, there will be little incentive for international cooperation and concerted action on major global issues with the potential risk of (i) political and economic fragmentation and the emergence of competing world agendas and separate regional areas, (ii) the disentanglement of global economic structures and investment flows and (iii) the creation of regional blocs of influence with very limited international coordination and no possibility of concerted solutions to transnational challenges;

| G. | whereas the large demographic dimensions of the BRICS and other emerging powers, compared to the declining demographics of the West, will give more authority to such countries in international fora, as the BRICS and other emerging powers will be able to claim more representativeness of the vast majority of the world’s population; whereas this entails the need to reform the global governance system and the governance structure of international organisations, so that they can become more representative of the new economic and political landscape and continue to maintain a central role in the global consensus-building and decision-making processes; |
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G.

whereas the large demographic dimensions of the BRICS and other emerging powers, compared to the declining demographics of the West, will give more authority to such countries in international fora, as the BRICS and other emerging powers will be able to claim more representativeness of the vast majority of the world’s population; whereas this entails the need to reform the global governance system and the governance structure of international organisations, so that they can become more representative of the new economic and political landscape and continue to maintain a central role in the global consensus-building and decision-making processes;

| H. | whereas, in view of the current economic crisis and the budgetary constraints of the EU and the USA, there is an urgent need to pool resources with other emerging powers in order to ensure a coherent and efficient global security and stability architecture and effective intervention in sensitive areas on the basis of common objectives and coordinated strategies and efforts; |
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H.

whereas, in view of the current economic crisis and the budgetary constraints of the EU and the USA, there is an urgent need to pool resources with other emerging powers in order to ensure a coherent and efficient global security and stability architecture and effective intervention in sensitive areas on the basis of common objectives and coordinated strategies and efforts;

| I. | whereas a successful transition to a middle-income economy can, under certain conditions, foster a more moderate and stability-oriented foreign policy; whereas, however, in some BRICS countries and other emerging countries the consolidation of their economic and political power has not always given rise to such a transition; |
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I.

whereas a successful transition to a middle-income economy can, under certain conditions, foster a more moderate and stability-oriented foreign policy; whereas, however, in some BRICS countries and other emerging countries the consolidation of their economic and political power has not always given rise to such a transition;

| J. | whereas, in spite of the recent spectacular economic growth in most of the BRICS countries, these same countries are also the ones with the single largest concentration of poverty in the world; whereas this shows that, in the great majority of cases, without pro-poor growth and creation of safety nets, rapid economic growth may entail an increase in inequalities; |
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J.

whereas, in spite of the recent spectacular economic growth in most of the BRICS countries, these same countries are also the ones with the single largest concentration of poverty in the world; whereas this shows that, in the great majority of cases, without pro-poor growth and creation of safety nets, rapid economic growth may entail an increase in inequalities;

| K. | whereas the BRICS and current emerging economies do not constitute or comprise a formal grouping of countries designed to play a specific role in international affairs and whereas the EU should therefore develop a relationship with each one of those countries, taking note of their singularity and specific foreign policy objectives and aims; whereas the EU should invest in strategic partnerships with each BRICS country and other emerging economies, as they increasingly play a role in the international arena, particularly in international organisations, such as the UN, as a means of advancing common goals, namely peace and global security, the rule of law domestically or internationally, the promotion of human rights, democracy, sustainable development and global financial regulation; |
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K.

whereas the BRICS and current emerging economies do not constitute or comprise a formal grouping of countries designed to play a specific role in international affairs and whereas the EU should therefore develop a relationship with each one of those countries, taking note of their singularity and specific foreign policy objectives and aims; whereas the EU should invest in strategic partnerships with each BRICS country and other emerging economies, as they increasingly play a role in the international arena, particularly in international organisations, such as the UN, as a means of advancing common goals, namely peace and global security, the rule of law domestically or internationally, the promotion of human rights, democracy, sustainable development and global financial regulation;

| L. | whereas the BRICS and other emerging economies require a stable foreign policy setting and a stable regulatory and public policy environment, which can sustain interest and investment in their economies and societies; whereas the BRICS and other emerging economies need to invest and be supported in the consolidation of democratic, political, economic and social stability; |
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L.

whereas the BRICS and other emerging economies require a stable foreign policy setting and a stable regulatory and public policy environment, which can sustain interest and investment in their economies and societies; whereas the BRICS and other emerging economies need to invest and be supported in the consolidation of democratic, political, economic and social stability;

| M. | whereas the EU must play a major role in the global power transition as a promoter of partnership and inclusive governance, but needs to act fast if it wishes to maintain its leverage (or it could be strategically sidelined); whereas this will entail strategic changes both inside the EU and with regard to its foreign policy, inter alia the introduction of greater policy coherence; |
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M.

whereas the EU must play a major role in the global power transition as a promoter of partnership and inclusive governance, but needs to act fast if it wishes to maintain its leverage (or it could be strategically sidelined); whereas this will entail strategic changes both inside the EU and with regard to its foreign policy, inter alia the introduction of greater policy coherence;

| N. | whereas, at the end of their third meeting on 14 April 2011, the BRICS leaders issued a joint declaration calling for more international cooperation and a strengthening of global governance, and expressing support for multilateral diplomacy with the United Nations and the G-20; whereas all five BRICS countries have been concurrently present in the UN Security Council during 2011; whereas the BRICS have called for change in the governing structures of the international financial institutions and the UN to reflect the changes in the world economy and to better manage today's global challenges; |
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N.

whereas, at the end of their third meeting on 14 April 2011, the BRICS leaders issued a joint declaration calling for more international cooperation and a strengthening of global governance, and expressing support for multilateral diplomacy with the United Nations and the G-20; whereas all five BRICS countries have been concurrently present in the UN Security Council during 2011; whereas the BRICS have called for change in the governing structures of the international financial institutions and the UN to reflect the changes in the world economy and to better manage today's global challenges;

| O. | whereas the BRICS display considerable divergences in their political and economic systems, demographic and social trends, and foreign policy outlooks; |
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O.

whereas the BRICS display considerable divergences in their political and economic systems, demographic and social trends, and foreign policy outlooks;

| P. | whereas the European Council conclusions of 16 September 2010 stressed that, in accordance with the Lisbon Treaty and in line with the European Security Strategy, the EU and its Member States would act more strategically so as to bring Europe's true weight to bear internationally and that the EU's strategic partnerships with key players in the world provide a useful instrument for pursuing European objectives and interests; |
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P.

whereas the European Council conclusions of 16 September 2010 stressed that, in accordance with the Lisbon Treaty and in line with the European Security Strategy, the EU and its Member States would act more strategically so as to bring Europe's true weight to bear internationally and that the EU's strategic partnerships with key players in the world provide a useful instrument for pursuing European objectives and interests;

| Q. | whereas current trade agreements between the EU and the BRICS countries are not only mutually beneficial in economic terms but also politically beneficial to both sides; |
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Q.

whereas current trade agreements between the EU and the BRICS countries are not only mutually beneficial in economic terms but also politically beneficial to both sides;

| R. | whereas the EU should play a proactive part in building an inclusive and representative United Nations system based on partnership, that can effectively contribute to global governance and solutions, peace and security, democracy, human rights and a rule-of-law-based international order; whereas, in accordance with Article 21 of the TEU, the EU is formally committed to effective multilateralism with a strong UN at its core; |
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R.

whereas the EU should play a proactive part in building an inclusive and representative United Nations system based on partnership, that can effectively contribute to global governance and solutions, peace and security, democracy, human rights and a rule-of-law-based international order; whereas, in accordance with Article 21 of the TEU, the EU is formally committed to effective multilateralism with a strong UN at its core;

| S. | whereas over the years the EU has developed with BRICS bilateral strategic partnerships based on shared values and interests aimed at upgrading the relations and enhancing cooperation at all level; whereas these strategic partnerships have often proved to be inadequate with regard, in particular, to promoting democracy, strengthening the rule of law and defining a common approach to the resolution of conflicts; |
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S.

whereas over the years the EU has developed with BRICS bilateral strategic partnerships based on shared values and interests aimed at upgrading the relations and enhancing cooperation at all level; whereas these strategic partnerships have often proved to be inadequate with regard, in particular, to promoting democracy, strengthening the rule of law and defining a common approach to the resolution of conflicts;

| T. | whereas there is an urgent need to seek ways of strengthening cooperation within the United Nations system and within the groups of leading countries (G-7, G-20) and improving the way their work is coordinated; |
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T.

whereas there is an urgent need to seek ways of strengthening cooperation within the United Nations system and within the groups of leading countries (G-7, G-20) and improving the way their work is coordinated;

| U. | whereas the Group of 20 (G-20), whose member countries account for 88 % of global GDP and 65 % of the world's population, has become an important forum for cooperation at global level, but the problem of its representativeness needs to be resolved and its precise role in the multilateral architecture determined; |
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U.

whereas the Group of 20 (G-20), whose member countries account for 88 % of global GDP and 65 % of the world's population, has become an important forum for cooperation at global level, but the problem of its representativeness needs to be resolved and its precise role in the multilateral architecture determined;

| 1. | Stresses how the current economic crisis has demonstrated the interdependence between the emerged powers and the BRICS and other emerging countries; points to the deep, mutual link between stable economic growth of developed economies and stable economic growth of emerging economies; emphasises the positive nature of such interdependence and the mutually beneficial character of political and economic ties between developed and emerging economies; believes that further political dialogue and understanding with the BRICS and other emerging countries, including on an individual basis, should thus be pursued by the EU and its Member States in a spirit of partnership and with the overall aim of achieving an inclusive new system of governance; believes, furthermore, that regular high-level meetings between the EU and individual BRICS countries would provide a valuable opportunity to build relations of trust, reconcile positions and encourage BRICS countries to assume greater responsibility in a new system of global governance, based on shared responsibility, common approaches and more closely coordinated actions; expresses the view that the instrument of strategic partnerships could provide valuable synergies in achieving such objectives; |
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1.

Stresses how the current economic crisis has demonstrated the interdependence between the emerged powers and the BRICS and other emerging countries; points to the deep, mutual link between stable economic growth of developed economies and stable economic growth of emerging economies; emphasises the positive nature of such interdependence and the mutually beneficial character of political and economic ties between developed and emerging economies; believes that further political dialogue and understanding with the BRICS and other emerging countries, including on an individual basis, should thus be pursued by the EU and its Member States in a spirit of partnership and with the overall aim of achieving an inclusive new system of governance; believes, furthermore, that regular high-level meetings between the EU and individual BRICS countries would provide a valuable opportunity to build relations of trust, reconcile positions and encourage BRICS countries to assume greater responsibility in a new system of global governance, based on shared responsibility, common approaches and more closely coordinated actions; expresses the view that the instrument of strategic partnerships could provide valuable synergies in achieving such objectives;

| 2. | Believes that relations between, on the one hand, the established powers and, on the other, the BRICS and other emerging powers maintain a relevant economic dimension, but are essentially political and should thus be politically framed, as all the countries concerned share an interest in ensuring an effective system of global governance and in tackling together, in a spirit of cooperation and consultation, and convergence of policy stances, those global stability and security risks which may pose a threat to sustainable global economic growth and its potential for the future; calls, therefore, for enhanced cooperation between the EU and the BRICS, including in terms of partnerships with individual BRICS countries, on all matters of international concern; |
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2.

Believes that relations between, on the one hand, the established powers and, on the other, the BRICS and other emerging powers maintain a relevant economic dimension, but are essentially political and should thus be politically framed, as all the countries concerned share an interest in ensuring an effective system of global governance and in tackling together, in a spirit of cooperation and consultation, and convergence of policy stances, those global stability and security risks which may pose a threat to sustainable global economic growth and its potential for the future; calls, therefore, for enhanced cooperation between the EU and the BRICS, including in terms of partnerships with individual BRICS countries, on all matters of international concern;

| 3. | Stresses that whilst the BRICS may hold similar stances in foreign policy terms, major differences characterise them in political, economic and social terms; points out, in particular, that their political systems vary from strong authoritarian regimes to credible and stable democracies; calls, in this respect, on the EU to step up relations and develop synergies, in particular, with those BRICS that genuinely share and respect democratic values and strive for a social market economy; |
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3.

Stresses that whilst the BRICS may hold similar stances in foreign policy terms, major differences characterise them in political, economic and social terms; points out, in particular, that their political systems vary from strong authoritarian regimes to credible and stable democracies; calls, in this respect, on the EU to step up relations and develop synergies, in particular, with those BRICS that genuinely share and respect democratic values and strive for a social market economy;

| 4. | Believes that, with the emergence of new economic and foreign policy powers, the EU will not see its leverage reduced but has an important role to play in promoting a common understanding on policy choices and should show leadership in tackling global challenges; takes the view that the EU and its transatlantic partners should focus on achieving the necessary economies of scale and develop concerted efforts to enable them to interact with the emerging powers constructively and effectively both in a bilateral and multilateral fashion, and in a spirit of true partnership and good cooperation; points to the need to develop an inclusive system of global governance, based on cooperation and coordination with the BRICS and other emerging countries, as appropriate, for the benefit of all; points further to the key role of the EU and its transatlantic partners in promoting an inclusive system of global governance; stresses that the EU should act more strategically so as to bring Europe's true weight to bear internationally, in particular by managing the implications of interdependence, instigating reforms of global governance, and mobilising collective action in areas such as the rule of law, sustainable environment and regional security, through constructive interaction with the BRICS and other emerging powers; |
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4.

Believes that, with the emergence of new economic and foreign policy powers, the EU will not see its leverage reduced but has an important role to play in promoting a common understanding on policy choices and should show leadership in tackling global challenges; takes the view that the EU and its transatlantic partners should focus on achieving the necessary economies of scale and develop concerted efforts to enable them to interact with the emerging powers constructively and effectively both in a bilateral and multilateral fashion, and in a spirit of true partnership and good cooperation; points to the need to develop an inclusive system of global governance, based on cooperation and coordination with the BRICS and other emerging countries, as appropriate, for the benefit of all; points further to the key role of the EU and its transatlantic partners in promoting an inclusive system of global governance; stresses that the EU should act more strategically so as to bring Europe's true weight to bear internationally, in particular by managing the implications of interdependence, instigating reforms of global governance, and mobilising collective action in areas such as the rule of law, sustainable environment and regional security, through constructive interaction with the BRICS and other emerging powers;

| 5. | Welcomes the concept of bilateral strategic partnerships and urges the Council and the EEAS to operationalise it; considers strategic partnerships to be a promising and potentially transformative tool for organising and advancing the EU’s relations with key players in the global arena, including the BRICS and other emerging powers; recommends that this instrument be used by the EU to pursue both multilateral and bilateral agendas and to develop meaningful linkages between the two; underlines that internal coherence is vital for the EU to act and be perceived as a genuine strategic interlocutor with the BRICS and other emerging powers; |
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5.

Welcomes the concept of bilateral strategic partnerships and urges the Council and the EEAS to operationalise it; considers strategic partnerships to be a promising and potentially transformative tool for organising and advancing the EU’s relations with key players in the global arena, including the BRICS and other emerging powers; recommends that this instrument be used by the EU to pursue both multilateral and bilateral agendas and to develop meaningful linkages between the two; underlines that internal coherence is vital for the EU to act and be perceived as a genuine strategic interlocutor with the BRICS and other emerging powers;

| 6. | Notes that in the past the BRICS have appeared to coordinate their stances in foreign policy terms in the UN Security Council in certain instances, most notably at the onset of the Libyan and Syrian crises and, additionally, by deferring the vote on the role of the EU in the UNGA and by adopting coinciding positions on Côte d'Ivoire and Sudan; points out in this regard that the BRICS may seem to be challenging the current system of international governance, but that democratic dialogue, political engagement, including on an individual basis, and true partnership may bring to the fore positive synergies and facilitate a new inclusive system of global governance; believes that the EU should duly take into account the new weight, in political and economic terms, of the BRICS and other emerging powers, as this may contribute to an orderly reform of global governance, based on a convergent platform without any destabilising effects; |
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6.

Notes that in the past the BRICS have appeared to coordinate their stances in foreign policy terms in the UN Security Council in certain instances, most notably at the onset of the Libyan and Syrian crises and, additionally, by deferring the vote on the role of the EU in the UNGA and by adopting coinciding positions on Côte d'Ivoire and Sudan; points out in this regard that the BRICS may seem to be challenging the current system of international governance, but that democratic dialogue, political engagement, including on an individual basis, and true partnership may bring to the fore positive synergies and facilitate a new inclusive system of global governance; believes that the EU should duly take into account the new weight, in political and economic terms, of the BRICS and other emerging powers, as this may contribute to an orderly reform of global governance, based on a convergent platform without any destabilising effects;

| 7. | Notes that BRICS have shown regional integration capacity and hence the capacity to engage in multipolar governance systems; believes that this demonstrates further the potential interest of the BRICS in contributing to global governance; takes the view, therefore, that the BRICS and other emerging countries are in the process of defining their strategic direction in foreign policy terms and thus becoming partners of emerged powers and supporters of a global governance system based on universal values, partnership and inclusiveness; |
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7.

Notes that BRICS have shown regional integration capacity and hence the capacity to engage in multipolar governance systems; believes that this demonstrates further the potential interest of the BRICS in contributing to global governance; takes the view, therefore, that the BRICS and other emerging countries are in the process of defining their strategic direction in foreign policy terms and thus becoming partners of emerged powers and supporters of a global governance system based on universal values, partnership and inclusiveness;

| 8. | Believes that, in light of their political and economic interests and their scale, regional role and aspirations, the BRICS may attempt to act as a group in foreign policy terms, but acknowledges that individual dimensions are also relevant; considers, in this connection, that besides focusing on the BRICS as a potentially cohesive group of States in foreign policy terms, the EU should focus also on the BRICS on a country-by-country basis, whilst maintaining a systemic and coordinated approach; takes the view, in this regard, that such an approach will enable the EU to build up economies of scale through partnerships with individual BRICS, maximise its interests and role in the various regions and contribute to the consolidation of a multipolar order with a political and economic balance between emerged and emerging economies, on the basis of an inclusive system based on dialogue, partnership and bilateral or multilateral partnerships; |
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8.

Believes that, in light of their political and economic interests and their scale, regional role and aspirations, the BRICS may attempt to act as a group in foreign policy terms, but acknowledges that individual dimensions are also relevant; considers, in this connection, that besides focusing on the BRICS as a potentially cohesive group of States in foreign policy terms, the EU should focus also on the BRICS on a country-by-country basis, whilst maintaining a systemic and coordinated approach; takes the view, in this regard, that such an approach will enable the EU to build up economies of scale through partnerships with individual BRICS, maximise its interests and role in the various regions and contribute to the consolidation of a multipolar order with a political and economic balance between emerged and emerging economies, on the basis of an inclusive system based on dialogue, partnership and bilateral or multilateral partnerships;

| 9. | Believes further that the considerable divergences in the political and economic systems, demographic and social trends, and foreign policy outlooks of the BRICS should inform, and be reflected in, a nuanced EU policy towards these countries aimed at creating synergies with individual BRICS countries and other emerging countries and at discouraging the creation or consolidation of potentially cohesive alternative groups of States in foreign policy terms; urges the EU and its Member States, in this context, to discourage the entrenchment of and strategic competition between blocs of emerged and emerging powers, respectively; contends that, in order to promote international collective action and the reform of global governance, the EU must leverage a diverse range of bilateral, multilateral and non-state interactions, and harness issue-based coalitions that cut across the emerged/emerging world divide; |
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9.

Believes further that the considerable divergences in the political and economic systems, demographic and social trends, and foreign policy outlooks of the BRICS should inform, and be reflected in, a nuanced EU policy towards these countries aimed at creating synergies with individual BRICS countries and other emerging countries and at discouraging the creation or consolidation of potentially cohesive alternative groups of States in foreign policy terms; urges the EU and its Member States, in this context, to discourage the entrenchment of and strategic competition between blocs of emerged and emerging powers, respectively; contends that, in order to promote international collective action and the reform of global governance, the EU must leverage a diverse range of bilateral, multilateral and non-state interactions, and harness issue-based coalitions that cut across the emerged/emerging world divide;

| 10. | Believes that the EU should formulate its position regarding a closer relationship with the BRICS, even taking into account the fact that the EU’s vision and the BRICS countries’ vision with regard to binding commitments and institutionalised regimes may not necessarily always be the same; believes also that support from the BRICS countries for effective multilateralism might be gained in exchange for stronger representation in relevant international institutions; insists that the challenges posed by the rise of the BRICS should be seen as an opportunity rather than a problem; |
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10.

Believes that the EU should formulate its position regarding a closer relationship with the BRICS, even taking into account the fact that the EU’s vision and the BRICS countries’ vision with regard to binding commitments and institutionalised regimes may not necessarily always be the same; believes also that support from the BRICS countries for effective multilateralism might be gained in exchange for stronger representation in relevant international institutions; insists that the challenges posed by the rise of the BRICS should be seen as an opportunity rather than a problem;

| 11. | Takes the view that relations with the BRICS countries should be built upon bilateral dialogues focusing on and fostering further democratisation and the consolidation of the rule of law, good governance, regulatory convergence, coordination of common positions in international fora and intensified relations with the EU; |
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11.

Takes the view that relations with the BRICS countries should be built upon bilateral dialogues focusing on and fostering further democratisation and the consolidation of the rule of law, good governance, regulatory convergence, coordination of common positions in international fora and intensified relations with the EU;

| 12. | Underscores the importance of Brazil as a leading power of the MERCOSUR regional integration process; welcomes the renewed EU-Brazil Strategic Partnership Joint Action Plan 2012-2014, and the mutual commitments made in the areas of democracy promotion and reforms of the multilateral system of governance; urges both sides to honour their commitments and contribute to the reform of the world's financial architecture; recalls the offer made by President Rousseff regarding support for the EU to overcome its sovereign-debt crisis, and acknowledges the interrelation between both; expresses its support for a balanced and fair conclusion of the Doha Development Agenda and the EU-MERCOSUR Association Agreement, which will be the most important association agreement ever signed by the EU, encompassing 750 million people and trade worth USD 125 billion a year; takes note of Brazil's request to have full visa liberalisation and asks the Commission to present a proposal in this regard; |
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12.

Underscores the importance of Brazil as a leading power of the MERCOSUR regional integration process; welcomes the renewed EU-Brazil Strategic Partnership Joint Action Plan 2012-2014, and the mutual commitments made in the areas of democracy promotion and reforms of the multilateral system of governance; urges both sides to honour their commitments and contribute to the reform of the world's financial architecture; recalls the offer made by President Rousseff regarding support for the EU to overcome its sovereign-debt crisis, and acknowledges the interrelation between both; expresses its support for a balanced and fair conclusion of the Doha Development Agenda and the EU-MERCOSUR Association Agreement, which will be the most important association agreement ever signed by the EU, encompassing 750 million people and trade worth USD 125 billion a year; takes note of Brazil's request to have full visa liberalisation and asks the Commission to present a proposal in this regard;

| 13. | Highlights the indispensable role of the EU-Russia strategic partnership in maintaining peace and security in Europe, enhancing trade and economic development, preserving energy security, and addressing transnational challenges; considers that, in the long-term, the rise of Asian powers is likely to facilitate further alignment of interests and closer strategic cooperation between the EU and Russia; believes that such cooperation is vital for progress on issues of global importance, such as nuclear proliferation, terrorism, climate change or illegal migration; |
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13.

Highlights the indispensable role of the EU-Russia strategic partnership in maintaining peace and security in Europe, enhancing trade and economic development, preserving energy security, and addressing transnational challenges; considers that, in the long-term, the rise of Asian powers is likely to facilitate further alignment of interests and closer strategic cooperation between the EU and Russia; believes that such cooperation is vital for progress on issues of global importance, such as nuclear proliferation, terrorism, climate change or illegal migration;

| 14. | Highlights the importance and potential of the EU-India strategic partnership; considers that, in the current global economic crisis, issues such as the social crisis, climate change, migration flows and global security should be addressed in a more comprehensive partnership between India and the EU; notes also that the ongoing free-trade agreement negotiations are reinforcing EU-India relations: considers, however, that this relationship should not be limited to trade issues; would welcome the re-establishment of a counterpart grouping to the European Parliament Delegation for relations with India ,following the experience of the India-Europe Friendship Group, which existed in the Indian Parliament before its 2009 elections; |
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14.

Highlights the importance and potential of the EU-India strategic partnership; considers that, in the current global economic crisis, issues such as the social crisis, climate change, migration flows and global security should be addressed in a more comprehensive partnership between India and the EU; notes also that the ongoing free-trade agreement negotiations are reinforcing EU-India relations: considers, however, that this relationship should not be limited to trade issues; would welcome the re-establishment of a counterpart grouping to the European Parliament Delegation for relations with India ,following the experience of the India-Europe Friendship Group, which existed in the Indian Parliament before its 2009 elections;

| 15. | Underscores the importance of China as a major economic power and highlights its essential role in global economic recovery; recalls, in this connection, the need for China to meet its agreed WTO obligations, ten years after its accession; calls on the EU and its Member States and China, furthermore, to tackle common challenges and threats to international peace and security, in particular through improved cooperation on a diplomatic solution to Iran's nuclear crisis; urges both sides to foster more balanced trade between them, notably by stepping up their efforts to conclude negotiations on a new partnership and cooperation agreement, in order for this framework to fulfil the potential of the EU-China strategic partnership; |
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15.

Underscores the importance of China as a major economic power and highlights its essential role in global economic recovery; recalls, in this connection, the need for China to meet its agreed WTO obligations, ten years after its accession; calls on the EU and its Member States and China, furthermore, to tackle common challenges and threats to international peace and security, in particular through improved cooperation on a diplomatic solution to Iran's nuclear crisis; urges both sides to foster more balanced trade between them, notably by stepping up their efforts to conclude negotiations on a new partnership and cooperation agreement, in order for this framework to fulfil the potential of the EU-China strategic partnership;

| 16. | Underscores the strategic nature of EU-South Africa relations; welcomes the positive outcome of the fourth EU-Africa summit of September 2011, in particular the convergence of views on the situation in Libya; urges the EU and South Africa to conclude, as soon as possible, negotiations on a new Economic and Partnership Agreement; contends that South Africa, given its record of successful and peaceful transition to democracy and its role as a regional power, can be a major force in promoting democracy and good governance, fostering regional economic integration, and supporting national reconciliation across Africa, and a key partner for the EU in these efforts; stresses the importance of close cooperation between the EU and South Africa on climate change, sustainable development and reforms of international institutions; |
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16.

Underscores the strategic nature of EU-South Africa relations; welcomes the positive outcome of the fourth EU-Africa summit of September 2011, in particular the convergence of views on the situation in Libya; urges the EU and South Africa to conclude, as soon as possible, negotiations on a new Economic and Partnership Agreement; contends that South Africa, given its record of successful and peaceful transition to democracy and its role as a regional power, can be a major force in promoting democracy and good governance, fostering regional economic integration, and supporting national reconciliation across Africa, and a key partner for the EU in these efforts; stresses the importance of close cooperation between the EU and South Africa on climate change, sustainable development and reforms of international institutions;

| 17. | Believes that, in light of the increasing relevance of the BRICS and other emerging powers and the multipolar system of global governance that is taking shape, the G-20 could prove a useful and particularly appropriate forum for consensus building and for a decision-making process which is inclusive, based on partnership and able to foster convergence, including regulatory convergence; takes the view that, notwithstanding the increasing relevance of the G-20, the G-7 could play a key role as a consultative, coordinating and consensus-building forum for the established powers with a view to dialogue with the BRICS and other emerging powers, and ahead of G-20 meetings; considers that the existence of the G-8 should also be harnessed in an effort to reconcile positions with Russia so that common challenges can be addressed in a coordinated and effective manner; supports the G-20 parliamentary dimension and believes that it should be further consolidated and involved in the decision-making processes to ensure reinforced democratic dialogue and scrutiny; supports also the creation of a parallel G-20 consultative forum bringing together non-governmental organisations and leading representatives of civil society and business from G-20 states; |
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17.

Believes that, in light of the increasing relevance of the BRICS and other emerging powers and the multipolar system of global governance that is taking shape, the G-20 could prove a useful and particularly appropriate forum for consensus building and for a decision-making process which is inclusive, based on partnership and able to foster convergence, including regulatory convergence; takes the view that, notwithstanding the increasing relevance of the G-20, the G-7 could play a key role as a consultative, coordinating and consensus-building forum for the established powers with a view to dialogue with the BRICS and other emerging powers, and ahead of G-20 meetings; considers that the existence of the G-8 should also be harnessed in an effort to reconcile positions with Russia so that common challenges can be addressed in a coordinated and effective manner; supports the G-20 parliamentary dimension and believes that it should be further consolidated and involved in the decision-making processes to ensure reinforced democratic dialogue and scrutiny; supports also the creation of a parallel G-20 consultative forum bringing together non-governmental organisations and leading representatives of civil society and business from G-20 states;

| 18. | Believes that the current sovereign debt crisis will be an important test for the G-20 as an effective forum for strategic political dialogue able to promote a truly global system of economic and financial governance reflecting the interdependence between developed economies and emerging ones, creating the foundations for the elimination of systemic unbalances which can be particularly damaging both for developed economies and, in a longer-term perspective, emerging ones, and promoting solidarity in international financial fora such as the International Monetary Fund; |
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18.

Believes that the current sovereign debt crisis will be an important test for the G-20 as an effective forum for strategic political dialogue able to promote a truly global system of economic and financial governance reflecting the interdependence between developed economies and emerging ones, creating the foundations for the elimination of systemic unbalances which can be particularly damaging both for developed economies and, in a longer-term perspective, emerging ones, and promoting solidarity in international financial fora such as the International Monetary Fund;

| 19. | Calls on the EU to enhance political dialogue and cooperation with the BRICS to push further forward the reform of global financial and economic governance institutions, i.e. the Bretton Woods institutions, with the aim of ensuring the broad representation of all member countries while reflecting changes in economic weight; |
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19.

Calls on the EU to enhance political dialogue and cooperation with the BRICS to push further forward the reform of global financial and economic governance institutions, i.e. the Bretton Woods institutions, with the aim of ensuring the broad representation of all member countries while reflecting changes in economic weight;

| 20. | Considers that the emerged powers should support regional organisations which include the BRICS and other emerging countries, such as ASEAN or Mercosur, including their institution-building and capacity-building processes, and ensure a high-level diplomatic presence at meetings of such organisations; |
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20.

Considers that the emerged powers should support regional organisations which include the BRICS and other emerging countries, such as ASEAN or Mercosur, including their institution-building and capacity-building processes, and ensure a high-level diplomatic presence at meetings of such organisations;

| 21. | Notes that, given the increasing global and regional relevance of China, India and other emerging countries in Asia, both the United States of America and the EU may progressively shift their primary attention, political investment and resources to the Pacific and perceive the North Atlantic dimension and mutual cooperation as less strategic; further notes that Asia should play a more important role on the foreign agenda of the European Union and EU Member States; calls for more coordination of the US and EU policies towards China, India and other emerging countries in Asia in order to avoid a decoupling of such policies; strongly believes that by coordinating their efforts the USA and the EU will attain the required political synergies to engage in an effective positive and constructive dialogue with the BRICS and other emerging countries; takes the view that, without prejudice to the G-7, regular EU-US summits would provide the opportunity to identify common objectives and coordinate strategies on matters of global relevance, including economic governance, in order to reach a common approach towards the emerging powers; recalls that transatlantic relations are of utmost importance both economically and politically and stresses the mutual strong economic relationship between the United States of America and the EU; considers that the Transatlantic Economic Council and the Transatlantic Legislators’ Dialogue could also offer an opportunity for dialogue and stock-taking and should thus include a reflection on strategic engagement by the EU and the US of the BRICS and other relevant emerging countries and on how to foster regulatory convergence with such countries; recalls the need to set up a Transatlantic Political Council as an ad-hoc body for systematic, high-level consultation and coordination on foreign and security policy between the EU and the US; |
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21.

Notes that, given the increasing global and regional relevance of China, India and other emerging countries in Asia, both the United States of America and the EU may progressively shift their primary attention, political investment and resources to the Pacific and perceive the North Atlantic dimension and mutual cooperation as less strategic; further notes that Asia should play a more important role on the foreign agenda of the European Union and EU Member States; calls for more coordination of the US and EU policies towards China, India and other emerging countries in Asia in order to avoid a decoupling of such policies; strongly believes that by coordinating their efforts the USA and the EU will attain the required political synergies to engage in an effective positive and constructive dialogue with the BRICS and other emerging countries; takes the view that, without prejudice to the G-7, regular EU-US summits would provide the opportunity to identify common objectives and coordinate strategies on matters of global relevance, including economic governance, in order to reach a common approach towards the emerging powers; recalls that transatlantic relations are of utmost importance both economically and politically and stresses the mutual strong economic relationship between the United States of America and the EU; considers that the Transatlantic Economic Council and the Transatlantic Legislators’ Dialogue could also offer an opportunity for dialogue and stock-taking and should thus include a reflection on strategic engagement by the EU and the US of the BRICS and other relevant emerging countries and on how to foster regulatory convergence with such countries; recalls the need to set up a Transatlantic Political Council as an ad-hoc body for systematic, high-level consultation and coordination on foreign and security policy between the EU and the US;

| 22. | Stresses that for issues of global reach or related to global governance the EU, rather than its Member States, should be the interlocutor of emerged powers, the BRICS and other emerging countries; believes that, with a view to achieving a coherent policy stance towards the BRICS and other emerging powers, it is of fundamental importance that Member States develop their bilateral relations with maximum transparency and bearing in mind the potential impact of such relations on EU policies and stances; believes that the EU should strive to achieve more political and economic cohesion and growth in order to maintain political leverage and a key role in the multipolar system that is taking shape and be perceived as a necessary valuable counterpart by the BRICS and the new emerging countries; |
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22.

Stresses that for issues of global reach or related to global governance the EU, rather than its Member States, should be the interlocutor of emerged powers, the BRICS and other emerging countries; believes that, with a view to achieving a coherent policy stance towards the BRICS and other emerging powers, it is of fundamental importance that Member States develop their bilateral relations with maximum transparency and bearing in mind the potential impact of such relations on EU policies and stances; believes that the EU should strive to achieve more political and economic cohesion and growth in order to maintain political leverage and a key role in the multipolar system that is taking shape and be perceived as a necessary valuable counterpart by the BRICS and the new emerging countries;

| 23. | Stresses that the overall coordination of EU foreign policy towards the BRICS and other emerging powers should be ensured by the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the Commission in accordance with Articles 18(4) and 21(3) TEU; believes that the EU should strive to achieve, under the coordination of the High Representative, a better linking of foreign and security policy with EU sectoral policies, such as development, energy security, trade, access to raw materials and rare earths, climate change and migration, with a view to exploiting synergies and ensuring a coherent and systemic foreign policy approach aiming at universal respect for the rule of law, human rights and democratic governance; considers that the concept of EU ‘strategic partners’ should be further upgraded and better equipped to reflect such fundamental objectives; points to the conclusions of the COP 17 to the United Nations Framework Convention on Climate Change (UNFCCC) and stresses the continued need for a coherent and coordinated effort with the BRICS to reach a progressive agreement; |
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23.

Stresses that the overall coordination of EU foreign policy towards the BRICS and other emerging powers should be ensured by the High Representative of the Union for Foreign Affairs and Security Policy/Vice-President of the Commission in accordance with Articles 18(4) and 21(3) TEU; believes that the EU should strive to achieve, under the coordination of the High Representative, a better linking of foreign and security policy with EU sectoral policies, such as development, energy security, trade, access to raw materials and rare earths, climate change and migration, with a view to exploiting synergies and ensuring a coherent and systemic foreign policy approach aiming at universal respect for the rule of law, human rights and democratic governance; considers that the concept of EU ‘strategic partners’ should be further upgraded and better equipped to reflect such fundamental objectives; points to the conclusions of the COP 17 to the United Nations Framework Convention on Climate Change (UNFCCC) and stresses the continued need for a coherent and coordinated effort with the BRICS to reach a progressive agreement;

| 24. | Takes the view that a coherent foreign policy approach at EU level also entails enhanced coordination between the President of the European Council, the High Representative, the Council, Parliament and the Commission on issues related to the agendas of the G-7, G-8 and G-20; |
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24.

Takes the view that a coherent foreign policy approach at EU level also entails enhanced coordination between the President of the European Council, the High Representative, the Council, Parliament and the Commission on issues related to the agendas of the G-7, G-8 and G-20;

| 25. | Notes that the EU should have capacity to adjust and reform its internal governance structures in order to ensure a decision-making process able to reflect its plurality and create consensus; stresses the importance that a coherent foreign policy approach at EU level towards the BRICS and other emerging countries be reflected in the functioning of the EEAS; believes that the EEAS should review and strengthen strategic partnerships with individual BRICS countries, in close consultation with Parliament, exploiting their specificities and the potential for synergies and cooperation with the EU; urges the EEAS to devise horizontal and vertical coordination mechanisms that will enable EU foreign policy to benefit from EU institutional synergies and from the density and depth of Member States' bilateral ties with strategic partners, including the BRICS and other emerging powers; takes the view that, with regard to the BRICS, in addition to its organisation along geographical and thematic lines, the EEAS should establish an ad hoc coordinating mechanism to ensure that all individual policies towards the BRICS are compatible from a systemic point of view and that the policy lines adopted are reflected in the EU dialogue with emerged powers such as the USA, Canada and Japan; believes that the EU delegations in BRICS countries and other relevant emerging powers should liaise more closely with one another in order to ensure continuous monitoring and analysis on relations amongst the BRICS and relevant cross-sensitivities, thus enabling a more systemic approach; takes the view in this regard that EU Delegations in BRICS countries should analyse the positions of BRICS countries on governance and global challenges and on relations with other BRICS countries; believes that the EU should direct renewed efforts and resources to leading the reform process of a global system of governance and of international organisations with a view to ensuring a more inclusive consensus-building and decision-making process at global level, in particular the reform of the UN Security Council and global financial multilateralism; |
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25.

Notes that the EU should have capacity to adjust and reform its internal governance structures in order to ensure a decision-making process able to reflect its plurality and create consensus; stresses the importance that a coherent foreign policy approach at EU level towards the BRICS and other emerging countries be reflected in the functioning of the EEAS; believes that the EEAS should review and strengthen strategic partnerships with individual BRICS countries, in close consultation with Parliament, exploiting their specificities and the potential for synergies and cooperation with the EU; urges the EEAS to devise horizontal and vertical coordination mechanisms that will enable EU foreign policy to benefit from EU institutional synergies and from the density and depth of Member States' bilateral ties with strategic partners, including the BRICS and other emerging powers; takes the view that, with regard to the BRICS, in addition to its organisation along geographical and thematic lines, the EEAS should establish an ad hoc coordinating mechanism to ensure that all individual policies towards the BRICS are compatible from a systemic point of view and that the policy lines adopted are reflected in the EU dialogue with emerged powers such as the USA, Canada and Japan; believes that the EU delegations in BRICS countries and other relevant emerging powers should liaise more closely with one another in order to ensure continuous monitoring and analysis on relations amongst the BRICS and relevant cross-sensitivities, thus enabling a more systemic approach; takes the view in this regard that EU Delegations in BRICS countries should analyse the positions of BRICS countries on governance and global challenges and on relations with other BRICS countries; believes that the EU should direct renewed efforts and resources to leading the reform process of a global system of governance and of international organisations with a view to ensuring a more inclusive consensus-building and decision-making process at global level, in particular the reform of the UN Security Council and global financial multilateralism;

| 26. | Believes that ‘effective multilateralism’ and greater coordination in multilateral fora to address global governance issues should remain the core of enhanced partnership with the BRICS countries; recommends, in particular, that the EU pursue its efforts to engage these countries on this line; |
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26.

Believes that ‘effective multilateralism’ and greater coordination in multilateral fora to address global governance issues should remain the core of enhanced partnership with the BRICS countries; recommends, in particular, that the EU pursue its efforts to engage these countries on this line;

| 27. | Believes that Parliament should participate in the bilateral summits between the EU and its strategic partners; |
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27.

Believes that Parliament should participate in the bilateral summits between the EU and its strategic partners;

| 28. | Believes that the staff of EU Delegations in BRICS countries should include Parliament liaison officers in order to foster a greater understanding of the national parliamentary dimension in each of those countries, promote closer cooperation and dialogue between the European Parliament and national parliaments on a bilateral basis and promote more democratic accountability of the decision-making processes in international fora such as the G-8 and the G-20; believes that, in addition to its existing delegations for relations with Russia, India, China and South Africa respectively, a delegation for relations with Brazil could also be considered; |
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28.

Believes that the staff of EU Delegations in BRICS countries should include Parliament liaison officers in order to foster a greater understanding of the national parliamentary dimension in each of those countries, promote closer cooperation and dialogue between the European Parliament and national parliaments on a bilateral basis and promote more democratic accountability of the decision-making processes in international fora such as the G-8 and the G-20; believes that, in addition to its existing delegations for relations with Russia, India, China and South Africa respectively, a delegation for relations with Brazil could also be considered;

| 29. | Believes that, with a view to ensuring effective democratic scrutiny of EU policy-making towards the BRICS and other emerging countries, and in order to facilitate an enhanced interparliamentary dialogue with such countries, relevant Parliament staff should develop specialised competence and thus have appropriate analytical tools and monitoring capacity and be able to assist Members in promoting effective dialogue; believes also that a system of staff exchanges between Parliament and the EEAS should be put in place to maximise synergies, interinstitutional dialogue and cooperation and promote the exchange of expertise; |
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29.

Believes that, with a view to ensuring effective democratic scrutiny of EU policy-making towards the BRICS and other emerging countries, and in order to facilitate an enhanced interparliamentary dialogue with such countries, relevant Parliament staff should develop specialised competence and thus have appropriate analytical tools and monitoring capacity and be able to assist Members in promoting effective dialogue; believes also that a system of staff exchanges between Parliament and the EEAS should be put in place to maximise synergies, interinstitutional dialogue and cooperation and promote the exchange of expertise;

| 30. | Stresses that any deepening of relations and strengthening of political cooperation with BRICS at governmental level should go along with a sustained dialogue between civil society organisations; calls on the EEAS and EU delegations, in this connection, to create the framework to facilitate and step up people-to-people contacts and cultural and academic exchanges based on existing and ad hoc programmes with a view to improving mutual understanding and developing common actions and initiatives; |
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30.

Stresses that any deepening of relations and strengthening of political cooperation with BRICS at governmental level should go along with a sustained dialogue between civil society organisations; calls on the EEAS and EU delegations, in this connection, to create the framework to facilitate and step up people-to-people contacts and cultural and academic exchanges based on existing and ad hoc programmes with a view to improving mutual understanding and developing common actions and initiatives;

| 31. | Insists on the need to upgrade political dialogue with the BRICS countries on observance of human rights and social and environmental standards; recalls in this respect that the observance of core labour standards (CLS) and the ILO’s decent work agenda is essential in achieving the MDGs as guaranteeing socio-political stability and raising the skill levels of a country’s workforce has a positive impact on the economy of a country; |
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31.

Insists on the need to upgrade political dialogue with the BRICS countries on observance of human rights and social and environmental standards; recalls in this respect that the observance of core labour standards (CLS) and the ILO’s decent work agenda is essential in achieving the MDGs as guaranteeing socio-political stability and raising the skill levels of a country’s workforce has a positive impact on the economy of a country;

| 32. | Welcomes the aforementioned Commission Communication on ‘A Budget for Europe 2020’, which draws up a proposal for the design of financial instruments and programmes under the next Multiannual Financial Framework 2014-2020; underlines that the new partnership instrument aimed at supporting EU political and economic interests in the rest of the world and including non-ODA-eligible activities should be a foreign policy instrument; believes that such a partnership instrument could help consolidate stronger political ties and thereby stronger economic ties with select countries, and welcomes the promotion of regulatory convergence as one of its aims; believes also that the Partnership Instrument should comprise financing lines for public diplomacy with a view to consolidating the relations of individual countries with the EU and fostering leverage, partnership and allegiance; takes the view, however, that provision should also be made for additional resources supporting democratisation, the consolidation of the rule of law, better education and the reduction of social disparities; believes that the new design of financial instruments and programmes should give particular relevance to ad hoc financing lines supporting emerging powers and potentially emerging powers in consolidating democratic structures and developing good governance and the rule of law, civil society organisations, good educational systems and progressive social inclusion; welcomes the proposal by the Commission to include the principle of conditionality in all EU programmes and instruments and believes that this is key to achieving more leverage in promoting human rights, democracy and good governance as universal values; |
| --- | --- |

32.

Welcomes the aforementioned Commission Communication on ‘A Budget for Europe 2020’, which draws up a proposal for the design of financial instruments and programmes under the next Multiannual Financial Framework 2014-2020; underlines that the new partnership instrument aimed at supporting EU political and economic interests in the rest of the world and including non-ODA-eligible activities should be a foreign policy instrument; believes that such a partnership instrument could help consolidate stronger political ties and thereby stronger economic ties with select countries, and welcomes the promotion of regulatory convergence as one of its aims; believes also that the Partnership Instrument should comprise financing lines for public diplomacy with a view to consolidating the relations of individual countries with the EU and fostering leverage, partnership and allegiance; takes the view, however, that provision should also be made for additional resources supporting democratisation, the consolidation of the rule of law, better education and the reduction of social disparities; believes that the new design of financial instruments and programmes should give particular relevance to ad hoc financing lines supporting emerging powers and potentially emerging powers in consolidating democratic structures and developing good governance and the rule of law, civil society organisations, good educational systems and progressive social inclusion; welcomes the proposal by the Commission to include the principle of conditionality in all EU programmes and instruments and believes that this is key to achieving more leverage in promoting human rights, democracy and good governance as universal values;

| 33. | Calls on the BRICS countries to take on a role in international development policy that better reflects their share in global GDP; |
| --- | --- |

33.

Calls on the BRICS countries to take on a role in international development policy that better reflects their share in global GDP;

| 34. | Urges the EU and the Member States to support South-South cooperation initiatives and to take part in triangular cooperation projects in which the BRICS are participating; |
| --- | --- |

34.

Urges the EU and the Member States to support South-South cooperation initiatives and to take part in triangular cooperation projects in which the BRICS are participating;

| 35. | Considers it extremely important to encourage more EU cooperation with the BRICS and other emerging economies in the system of global governance and in international organisations; believes that the EU and the US should enter a strategic dialogue with the BRICS on the reform options of international organisations; considers that a reflection should be furthered at EU level on how to maximise the role, voice and voting power of the EU in international fora and achieve a more streamlined coordination amongst EU Member States in such fora and thereby a more cohesive stance with a view to positive dialogue, partnership and cooperation with the BRICS; |
| --- | --- |

35.

Considers it extremely important to encourage more EU cooperation with the BRICS and other emerging economies in the system of global governance and in international organisations; believes that the EU and the US should enter a strategic dialogue with the BRICS on the reform options of international organisations; considers that a reflection should be furthered at EU level on how to maximise the role, voice and voting power of the EU in international fora and achieve a more streamlined coordination amongst EU Member States in such fora and thereby a more cohesive stance with a view to positive dialogue, partnership and cooperation with the BRICS;

| 36. | Instructs its President to forward this resolution to the President of the European Council, the President of the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Polish Presidency of the Council of the European Union, the Commission, and the US State Department. |
| --- | --- |

36.

Instructs its President to forward this resolution to the President of the European Council, the President of the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Polish Presidency of the Council of the European Union, the Commission, and the US State Department.

---

(1)  OJ L 201, 3.8.2010, p. 30.

(2)  OJ C 349 E, 22.12.2010, p. 51.

(3)  Texts adopted, P7_TA(2011)0121.

(4)  Texts adopted, P7_TA(2011)0255.

(5)  Texts adopted, P7_TA(2011)0364.

(6)  Texts adopted, P7_TA(2011)0334.

---

| 20.8.2013 | EN | Official Journal of the European Union | CE 239/11 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

CE 239/11

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Thursday 2 February 2012Consistent policy towards regimes against which the EU applies restrictive measures

P7_TA(2012)0018

European Parliament recommendation to the Council of 2 February 2012 on a consistent policy towards regimes against which the EU applies restrictive measures, when their leaders exercise their personal and commercial interests within EU borders (2011/2187(INI))

2013/C 239 E/02

The European Parliament,

| — | having regard to the proposal for a recommendation to the Council by Graham Watson on behalf of the ALDE Group, on a consistent policy towards authoritarian regimes, against whom the EU applies restrictive measures, when they exercise their personal and commercial interests within EU borders (B7-0235/2011), |
| --- | --- |

—

having regard to the proposal for a recommendation to the Council by Graham Watson on behalf of the ALDE Group, on a consistent policy towards authoritarian regimes, against whom the EU applies restrictive measures, when they exercise their personal and commercial interests within EU borders (B7-0235/2011),

| — | having regard to the UN Charter and specifically Articles 1 and 25 and, in Chapter VII, Articles 39 and 41 thereof, |
| --- | --- |

—

having regard to the UN Charter and specifically Articles 1 and 25 and, in Chapter VII, Articles 39 and 41 thereof,

| — | having regard to the United Nations human rights conventions and the optional protocols, |
| --- | --- |

—

having regard to the United Nations human rights conventions and the optional protocols,

| — | having regard to the International Covenant on Civil and Political Rights and the two optional protocols, |
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—

having regard to the International Covenant on Civil and Political Rights and the two optional protocols,

| — | having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention on Human Rights), |
| --- | --- |

—

having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention on Human Rights),

| — | having regard to UNSC Resolution 1674 of 28 April 2006 which reaffirms the provisions of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity, |
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—

having regard to UNSC Resolution 1674 of 28 April 2006 which reaffirms the provisions of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity,

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

—

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

| — | having regard to the European Security Strategy (ESS) entitled ‘A secure Europe in a better world’, adopted by the European Council on 12 December 2003, |
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—

having regard to the European Security Strategy (ESS) entitled ‘A secure Europe in a better world’, adopted by the European Council on 12 December 2003,

| — | having regard to Resolutions 1267 (1999) on the situation in Afghanistan and 1371 (2001) on the situation in the Former Yugoslav Republic of Macedonia of the United Nations Security Council (UNSC), |
| --- | --- |

—

having regard to Resolutions 1267 (1999) on the situation in Afghanistan and 1371 (2001) on the situation in the Former Yugoslav Republic of Macedonia of the United Nations Security Council (UNSC),

| — | having regard to Articles 21(2), 22 and 36 of the Treaty on European Union (TEU), |
| --- | --- |

—

having regard to Articles 21(2), 22 and 36 of the Treaty on European Union (TEU),

| — | having regard Article 215 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard Article 215 of the Treaty on the Functioning of the European Union,

| — | having regard to Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (1), |
| --- | --- |

—

having regard to Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (1),

| — | having regard to the Council document entitled ‘Establishment of a Sanctions formation of the Foreign Relations Counsellors Working Party (RELEX/Sanctions)’ of 22 January 2004 (5603/2004), |
| --- | --- |

—

having regard to the Council document entitled ‘Establishment of a Sanctions formation of the Foreign Relations Counsellors Working Party (RELEX/Sanctions)’ of 22 January 2004 (5603/2004),

| — | having regard to the Council document entitled ‘Basic Principles on the Use of Restrictive Measures (Sanctions)’ of 7 June 2004 (10198/1/2004), |
| --- | --- |

—

having regard to the Council document entitled ‘Basic Principles on the Use of Restrictive Measures (Sanctions)’ of 7 June 2004 (10198/1/2004),

| — | having regard to the European Court of Justice judgment in Yusuf and Al Barakaat International Foundation v Council and Commission (ECR 11-3533 (2005)), |
| --- | --- |

—

having regard to the European Court of Justice judgment in Yusuf and Al Barakaat International Foundation v Council and Commission (ECR 11-3533 (2005)),

| — | having regard to Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (2), |
| --- | --- |

—

having regard to Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (2),

| — | having regard to the Council document entitled ‘EU Best Practices for the effective implementation of restrictive measures’ of 9 July 2007 (11679/2007), |
| --- | --- |

—

having regard to the Council document entitled ‘EU Best Practices for the effective implementation of restrictive measures’ of 9 July 2007 (11679/2007),

| — | having regard to the Council document entitled ‘Implementation of Common Position 2001/931/CFSP’ of 21 July 2007 (10826/1/2007), |
| --- | --- |

—

having regard to the Council document entitled ‘Implementation of Common Position 2001/931/CFSP’ of 21 July 2007 (10826/1/2007),

| — | having regard to the Council document entitled ‘Update of the EU Best Practices for the effective implementation of restrictive measures’ of 24 April 2008 (08666/1/2008), |
| --- | --- |

—

having regard to the Council document entitled ‘Update of the EU Best Practices for the effective implementation of restrictive measures’ of 24 April 2008 (08666/1/2008),

| — | having regard to Council Common Position 2009/67/CFSP of 26 January 2009 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Common Position 2008/586/CFSP (3), |
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—

having regard to Council Common Position 2009/67/CFSP of 26 January 2009 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Common Position 2008/586/CFSP (3),

| — | having regard to the Council document entitled ‘Guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy’, last reviewed on 15 December 2009 (17464/2009), |
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—

having regard to the Council document entitled ‘Guidelines on implementation and evaluation of restrictive measures (sanctions) in the framework of the EU Common Foreign and Security Policy’, last reviewed on 15 December 2009 (17464/2009),

| — | having regard to its resolution of 4 September 2008 on the evaluation of EU sanctions as part of the EU’s actions and policies in the area of human rights (4), |
| --- | --- |

—

having regard to its resolution of 4 September 2008 on the evaluation of EU sanctions as part of the EU’s actions and policies in the area of human rights (4),

| — | having regard to Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (5), |
| --- | --- |

—

having regard to Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (5),

| — | having regard to the foreign policy resources of the Member States, |
| --- | --- |

—

having regard to the foreign policy resources of the Member States,

| — | having regard to Rule 121(3) of the Rules of Procedure, |
| --- | --- |

—

having regard to Rule 121(3) of the Rules of Procedure,

| — | having regard to the report of the Committee on Foreign Affairs (A7-0007/2012), |
| --- | --- |

—

having regard to the report of the Committee on Foreign Affairs (A7-0007/2012),

General observations on the EU approach towards authoritarian leaders

| A. | whereas the new Article 21 of the TEU, as introduced by Article 1(24) of the Treaty of Lisbon, recognises that the Union’s actions shall be guided by ‘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’; |
| --- | --- |

A.

whereas the new Article 21 of the TEU, as introduced by Article 1(24) of the Treaty of Lisbon, recognises that the Union’s actions shall be guided by ‘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’;

| B. | whereas sanctions are applied in pursuit of CFSP objectives as set out in Article 21 of the TEU which include promoting international peace and security, respect for human rights, fundamental freedoms, rule of law and consolidating democracy and good governance; |
| --- | --- |

B.

whereas sanctions are applied in pursuit of CFSP objectives as set out in Article 21 of the TEU which include promoting international peace and security, respect for human rights, fundamental freedoms, rule of law and consolidating democracy and good governance;

| C. | whereas, within the framework of the CFSP, sanctions or restrictive measures are regarded as coercive measures short of force, such as arms embargoes, trade sanctions, financial and economic sanctions, freezing of assets, flight bans, restrictions on admission, diplomatic sanctions, boycotts of sports and cultural events and suspension of cooperation with a third country; |
| --- | --- |

C.

whereas, within the framework of the CFSP, sanctions or restrictive measures are regarded as coercive measures short of force, such as arms embargoes, trade sanctions, financial and economic sanctions, freezing of assets, flight bans, restrictions on admission, diplomatic sanctions, boycotts of sports and cultural events and suspension of cooperation with a third country;

| D. | whereas the application of sanctions and restrictive measures is effective only if this forms part of a cohesive overarching EU and Member State strategy on human rights; |
| --- | --- |

D.

whereas the application of sanctions and restrictive measures is effective only if this forms part of a cohesive overarching EU and Member State strategy on human rights;

| E. | whereas ‘targeted sanctions’ exist in the form of personal sanctions, selective economic measures and diplomatic measures, such as visa bans, asset freezes, embargos on the export or import of specific commodities, flight bans, investment bans or the limitation of official contacts; |
| --- | --- |

E.

whereas ‘targeted sanctions’ exist in the form of personal sanctions, selective economic measures and diplomatic measures, such as visa bans, asset freezes, embargos on the export or import of specific commodities, flight bans, investment bans or the limitation of official contacts;

| F. | whereas disagreement among Member States often leads to inconsistent application of restrictive measures which damages the EU’s credibility and has a detrimental impact on the efficiency of those measures; |
| --- | --- |

F.

whereas disagreement among Member States often leads to inconsistent application of restrictive measures which damages the EU’s credibility and has a detrimental impact on the efficiency of those measures;

| G. | whereas the EU has often applied its sanctions policy inconsistently by treating third countries with similar human rights and democratic records differently, and as such has prompted criticism for applying double standards; |
| --- | --- |

G.

whereas the EU has often applied its sanctions policy inconsistently by treating third countries with similar human rights and democratic records differently, and as such has prompted criticism for applying double standards;

| H. | whereas progress in information technology makes national borders increasingly irrelevant and, in a globalised world, thus reduces the capacity to isolate a country or its elite; |
| --- | --- |

H.

whereas progress in information technology makes national borders increasingly irrelevant and, in a globalised world, thus reduces the capacity to isolate a country or its elite;

| I. | whereas most of the countries subjected to sanctions are those that have remained most isolated from the international system and whose societies would most benefit from enhanced international exposure for the sake of change; whereas in certain cases restrictive measures, notably against certain individuals, can nevertheless have dissuasive and psychological effects; |
| --- | --- |

I.

whereas most of the countries subjected to sanctions are those that have remained most isolated from the international system and whose societies would most benefit from enhanced international exposure for the sake of change; whereas in certain cases restrictive measures, notably against certain individuals, can nevertheless have dissuasive and psychological effects;

| J. | whereas decisions on sanctions by the EU should be taken only after thorough evaluation of the most efficient way to achieve democratic change in the country; whereas each decision should be accompanied by a corresponding justification; |
| --- | --- |

J.

whereas decisions on sanctions by the EU should be taken only after thorough evaluation of the most efficient way to achieve democratic change in the country; whereas each decision should be accompanied by a corresponding justification;

| K. | whereas the European Union represents to many authoritarian leaders, and persons associated with them, a source of attraction for investment, property and banking, and healthcare services, and an area in which they enjoy freedom to travel and freedom to spend their often dubiously acquired wealth; |
| --- | --- |

K.

whereas the European Union represents to many authoritarian leaders, and persons associated with them, a source of attraction for investment, property and banking, and healthcare services, and an area in which they enjoy freedom to travel and freedom to spend their often dubiously acquired wealth;

| L. | whereas the opportunity for authoritarian leaders to convert power into personal wealth, often including through the misappropriation of, or personal control over, state assets, offers them the incentive and boosts their capacity to usurp and continue in power; whereas further studies are required in order to minimise any relation between foreign aid for development or other purposes and the enrichment of authoritarian leaders and their inner circles; |
| --- | --- |

L.

whereas the opportunity for authoritarian leaders to convert power into personal wealth, often including through the misappropriation of, or personal control over, state assets, offers them the incentive and boosts their capacity to usurp and continue in power; whereas further studies are required in order to minimise any relation between foreign aid for development or other purposes and the enrichment of authoritarian leaders and their inner circles;

| M. | whereas, without concerted action, accurate information on the assets of authoritarian leaders held within the EU is difficult to obtain and the EU must persevere in seeking to obtain it; |
| --- | --- |

M.

whereas, without concerted action, accurate information on the assets of authoritarian leaders held within the EU is difficult to obtain and the EU must persevere in seeking to obtain it;

| N. | whereas sanctioned leaders will be affected if they are personally subject to pressure in the form of restrictions on their ability to move money, invest and access their financial assets, restrictions on prospects for travel, and restrictions on access to particular goods and services or diplomatic representation; |
| --- | --- |

N.

whereas sanctioned leaders will be affected if they are personally subject to pressure in the form of restrictions on their ability to move money, invest and access their financial assets, restrictions on prospects for travel, and restrictions on access to particular goods and services or diplomatic representation;

| O. | whereas the multiplicity of international and regional actors necessitates dialogue and formal and informal mechanisms for consultation between those actors; |
| --- | --- |

O.

whereas the multiplicity of international and regional actors necessitates dialogue and formal and informal mechanisms for consultation between those actors;

| P. | whereas an essential aspect of an effective policy towards authoritarian regimes must balance coercive diplomacy, including restrictive measures with clear communication and constructive options not involving the use of force, with EU and Member State foreign policy resources preferring a critical and progressive dialogue over isolation; |
| --- | --- |

P.

whereas an essential aspect of an effective policy towards authoritarian regimes must balance coercive diplomacy, including restrictive measures with clear communication and constructive options not involving the use of force, with EU and Member State foreign policy resources preferring a critical and progressive dialogue over isolation;

| Q. | whereas the review procedure, in which sanctions can be expanded, eased or lifted in response to changes in the actions of targeted leaders, is crucial for restrictive measures to be effective, and must be conducted in a rigorous and strategic manner; |
| --- | --- |

Q.

whereas the review procedure, in which sanctions can be expanded, eased or lifted in response to changes in the actions of targeted leaders, is crucial for restrictive measures to be effective, and must be conducted in a rigorous and strategic manner;

| R. | whereas all restrictive measures must comply with human rights, international humanitarian law, due process, proportionality and the right to effective redress, and must on no account penalise the most vulnerable population groups in countries affected by these measures; |
| --- | --- |

R.

whereas all restrictive measures must comply with human rights, international humanitarian law, due process, proportionality and the right to effective redress, and must on no account penalise the most vulnerable population groups in countries affected by these measures;

| 1. | Addresses the following recommendations to the Council:


  Develop clearer definitions








  (a) | to develop clear criteria for when restrictive measures are to be applied, the objectives for such measures, the form of sanctions to be applied, guidelines for their periodic evaluation and the review procedure to be followed in consultation with the European Parliament; to establish the criteria in a way that enhances the consistency and credibility of EU sanctions, but leaves sufficient flexibility at the operational level, enabling the Union to leverage the instrument as an effective tool in its external action; |
| --- | --- | --- |

1.

Addresses the following recommendations to the Council:

Develop clearer definitions

(a)

to develop clear criteria for when restrictive measures are to be applied, the objectives for such measures, the form of sanctions to be applied, guidelines for their periodic evaluation and the review procedure to be followed in consultation with the European Parliament; to establish the criteria in a way that enhances the consistency and credibility of EU sanctions, but leaves sufficient flexibility at the operational level, enabling the Union to leverage the instrument as an effective tool in its external action;

| (b) | to define clearly and explicitly who is to be sanctioned in the case of failed states or non-state actors, knowing well that the structures are often obscure; |
| --- | --- |

(b)

to define clearly and explicitly who is to be sanctioned in the case of failed states or non-state actors, knowing well that the structures are often obscure;

| (c) | to inscribe the sanctions in a comprehensive policy context, establishing specific short-term and long-term objectives for a sustainable democratisation process; |
| --- | --- |

(c)

to inscribe the sanctions in a comprehensive policy context, establishing specific short-term and long-term objectives for a sustainable democratisation process;

| (d) | to acknowledge that sanctions are not an end in themselves and to accompany their application with clear and achievable benchmarks for the lifting of sanctions; |
| --- | --- |

(d)

to acknowledge that sanctions are not an end in themselves and to accompany their application with clear and achievable benchmarks for the lifting of sanctions;

| (e) | to systematically support the work of the International Criminal Court by ensuring that the procedures and the judgments of the court are duly regarded in EU sanctions policy; |
| --- | --- |

(e)

to systematically support the work of the International Criminal Court by ensuring that the procedures and the judgments of the court are duly regarded in EU sanctions policy;

| (f) | to urge the EU Member States to apply the principle of universal jurisdiction in tackling impunity and crimes against humanity, in order to improve the international criminal justice system; |
| --- | --- |

(f)

to urge the EU Member States to apply the principle of universal jurisdiction in tackling impunity and crimes against humanity, in order to improve the international criminal justice system;

Build an efficient sanctions policy

| (g) | to commit to maximizing collaboration and synergy amongst the 27 EU Member States, urging them to speak with a unified and consistent voice on the matter of condemning authoritarian regimes through a single integrated EU approach; |
| --- | --- |

(g)

to commit to maximizing collaboration and synergy amongst the 27 EU Member States, urging them to speak with a unified and consistent voice on the matter of condemning authoritarian regimes through a single integrated EU approach;

| (h) | to acknowledge that sanctions which are not internationally coordinated can be inefficient and counterproductive to their stated aims, can undermine the transparency, credibility and coherence of the European sanctions policy, and can reinforce the targeted regime or reduce the relative negotiation leeway and credibility of the EU and its Member States with the state in question; to ensure better coordination and exchange of information among Member States by clear procedures; |
| --- | --- |

(h)

to acknowledge that sanctions which are not internationally coordinated can be inefficient and counterproductive to their stated aims, can undermine the transparency, credibility and coherence of the European sanctions policy, and can reinforce the targeted regime or reduce the relative negotiation leeway and credibility of the EU and its Member States with the state in question; to ensure better coordination and exchange of information among Member States by clear procedures;

| (i) | to implement existing sanctions regimes with rigour and consistency, striving to avoid the application of double standards and extending their scope to include cases of violation of fundamental freedoms, and especially of religious freedom and freedom of expression; to ensure that countries belonging to the European Economic Area and applicant countries for accession to the European Union also apply the restrictive measures and exchange relevant information with the Union; |
| --- | --- |

(i)

to implement existing sanctions regimes with rigour and consistency, striving to avoid the application of double standards and extending their scope to include cases of violation of fundamental freedoms, and especially of religious freedom and freedom of expression; to ensure that countries belonging to the European Economic Area and applicant countries for accession to the European Union also apply the restrictive measures and exchange relevant information with the Union;

| (j) | to deploy sanctions or restrictive measures which are targeted at and proportionate to the objective pursued, aimed at influencing only the accountable elites of repressive or criminal regimes and the responsible non-state actors of failed states minimising, as far as possible, the adverse impact on civil populations, especially the most vulnerable; |
| --- | --- |

(j)

to deploy sanctions or restrictive measures which are targeted at and proportionate to the objective pursued, aimed at influencing only the accountable elites of repressive or criminal regimes and the responsible non-state actors of failed states minimising, as far as possible, the adverse impact on civil populations, especially the most vulnerable;

| (k) | to ensure that foreign aid for development or other purposes does not end up being an incentive for the enrichment of authoritarian leaders and their inner circles; |
| --- | --- |

(k)

to ensure that foreign aid for development or other purposes does not end up being an incentive for the enrichment of authoritarian leaders and their inner circles;

| (l) | to ensure, wherever possible, that the sanctions policy is coupled with support for civil society in the country concerned; to improve the quality and transparency of the reporting stage, so that assistance granted can be quantified precisely and its actual contribution to meeting the needs of civil society accurately assessed; |
| --- | --- |

(l)

to ensure, wherever possible, that the sanctions policy is coupled with support for civil society in the country concerned; to improve the quality and transparency of the reporting stage, so that assistance granted can be quantified precisely and its actual contribution to meeting the needs of civil society accurately assessed;

| (m) | to ensure that there are no double standards when deciding on restrictive measures or sanctions and that these are applied regardless of political, economic and security interests; |
| --- | --- |

(m)

to ensure that there are no double standards when deciding on restrictive measures or sanctions and that these are applied regardless of political, economic and security interests;

| (n) | to ensure that restrictive measures which limit the market activities of European companies in sanctioned countries will not be beneficial to third-country competitors; |
| --- | --- |

(n)

to ensure that restrictive measures which limit the market activities of European companies in sanctioned countries will not be beneficial to third-country competitors;

| (o) | to ensure that the Member States, as well as EU Heads of Mission and Delegation are closely involved in the process of designing, implementing, monitoring and evaluating restrictive measures and their consequences on the ground by providing input for impact assessment, which makes EU presence on the ground essential; to ensure that the relevant information is forwarded promptly to the European Parliament; |
| --- | --- |

(o)

to ensure that the Member States, as well as EU Heads of Mission and Delegation are closely involved in the process of designing, implementing, monitoring and evaluating restrictive measures and their consequences on the ground by providing input for impact assessment, which makes EU presence on the ground essential; to ensure that the relevant information is forwarded promptly to the European Parliament;

| (p) | to ensure that, in countries on which restrictive measures are imposed, the main actors championing democracy and human rights are closely involved in the process of designing, implementing and evaluating restrictive measures; |
| --- | --- |

(p)

to ensure that, in countries on which restrictive measures are imposed, the main actors championing democracy and human rights are closely involved in the process of designing, implementing and evaluating restrictive measures;

| (q) | to commit the existing structures within the EEAS and Commission to conduct an in-depth situation analysis of the economic and societal structure of the country in question, prior to and after the adoption of sanctions, thus examining the direct and indirect effects of all specific measures on the political and socioeconomic realms of the society in question, as well as taking into account their impact on business elites, civil society groups, the political opposition and even reform-oriented elements within the government; |
| --- | --- |

(q)

to commit the existing structures within the EEAS and Commission to conduct an in-depth situation analysis of the economic and societal structure of the country in question, prior to and after the adoption of sanctions, thus examining the direct and indirect effects of all specific measures on the political and socioeconomic realms of the society in question, as well as taking into account their impact on business elites, civil society groups, the political opposition and even reform-oriented elements within the government;

| (r) | to commit RELEX Sanctions to fulfil its mandate to conduct research on adopting sanctions, evaluate existing sanctions and develop best practices with regard to the application and implementation of restrictive measures, and to report regularly to the Council and European Parliament on its findings; |
| --- | --- |

(r)

to commit RELEX Sanctions to fulfil its mandate to conduct research on adopting sanctions, evaluate existing sanctions and develop best practices with regard to the application and implementation of restrictive measures, and to report regularly to the Council and European Parliament on its findings;

| (s) | to commit the EU legal and other relevant services to advise the Council on the precautions required to prevent the circumvention of sanctions by listed individuals; |
| --- | --- |

(s)

to commit the EU legal and other relevant services to advise the Council on the precautions required to prevent the circumvention of sanctions by listed individuals;

| (t) | to commit the EEAS and the Commission to a more integrated approach that shares expertise and knowledge in the drawing up, implementation and review of sanctions; |
| --- | --- |

(t)

to commit the EEAS and the Commission to a more integrated approach that shares expertise and knowledge in the drawing up, implementation and review of sanctions;

| (u) | to commit the Council and the Commission to allocate sufficient time and resources and employ knowledgeable country experts and staff specialising in human rights for the analyses preceding the design of sanctions and for the evaluation of the effectiveness of sanctions; |
| --- | --- |

(u)

to commit the Council and the Commission to allocate sufficient time and resources and employ knowledgeable country experts and staff specialising in human rights for the analyses preceding the design of sanctions and for the evaluation of the effectiveness of sanctions;

| (v) | to commit the Commission and Member States to coordinate the implementation of arms embargoes which are a Member State competence; |
| --- | --- |

(v)

to commit the Commission and Member States to coordinate the implementation of arms embargoes which are a Member State competence;

| (w) | to commit the Commission and Member States to report annually on the implementation of sanctions efforts and their effectiveness; |
| --- | --- |

(w)

to commit the Commission and Member States to report annually on the implementation of sanctions efforts and their effectiveness;

| (x) | to call on France and Britain and any non-permanent EU member of the UNSC to use sufficient suasion to ensure that UNSC resolutions are implemented rigorously and thoroughly; |
| --- | --- |

(x)

to call on France and Britain and any non-permanent EU member of the UNSC to use sufficient suasion to ensure that UNSC resolutions are implemented rigorously and thoroughly;

| (y) | to consider, where appropriate, activating ‘essential elements’ clauses in bilateral trade that permit the EU to impose sanctions for breach of human rights and democratic principles and engage in a coherent European foreign policy in order to support measures against authoritarian regimes; |
| --- | --- |

(y)

to consider, where appropriate, activating ‘essential elements’ clauses in bilateral trade that permit the EU to impose sanctions for breach of human rights and democratic principles and engage in a coherent European foreign policy in order to support measures against authoritarian regimes;

Commit to a coherent policy within EU borders

| (z) | to commit EU Member States to declare when persons on the sanction list have physical and financial assets held within their borders, and the approximate value and location of the assets; to call on EU Member States to collaborate in exchanging relevant information, for example through the existing Asset Recovery Offices and the Camden Asset Recovery Inter-Agency Network (CARIN): to enhance cooperation between EU Member States in the identification and confiscation of those assets; |
| --- | --- |

(z)

to commit EU Member States to declare when persons on the sanction list have physical and financial assets held within their borders, and the approximate value and location of the assets; to call on EU Member States to collaborate in exchanging relevant information, for example through the existing Asset Recovery Offices and the Camden Asset Recovery Inter-Agency Network (CARIN): to enhance cooperation between EU Member States in the identification and confiscation of those assets;

| (aa) | to commit all EU Member States to ensure the rigorous application of targeted financial sanctions or restrictive measures such as:






  — | extending Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing to apply in a mandatory way to all attempts to open accounts or deposit money by sanctioned dictators and natural and legal person or entities associated with them, this money being the proceeds of crime, theft and embezzlement: and exploring options for other preventive mechanisms to curb the inflow of misappropriated state funds or assets into EU financial institutions; |
| --- | --- | --- |

(aa)

to commit all EU Member States to ensure the rigorous application of targeted financial sanctions or restrictive measures such as:

—

extending Directive 2005/60/EC on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing to apply in a mandatory way to all attempts to open accounts or deposit money by sanctioned dictators and natural and legal person or entities associated with them, this money being the proceeds of crime, theft and embezzlement: and exploring options for other preventive mechanisms to curb the inflow of misappropriated state funds or assets into EU financial institutions;

| — | the refusal of loans, the tightening of measures aimed at repayment of loans and the freezing of deposits, in order to ensure that, in practice, the measures deny designated persons and entities all access to all financial services within the EU's jurisdiction; |
| --- | --- |

—

the refusal of loans, the tightening of measures aimed at repayment of loans and the freezing of deposits, in order to ensure that, in practice, the measures deny designated persons and entities all access to all financial services within the EU's jurisdiction;

| (ab) | to ensure that restrictive economic and financial measures, including targeted financial sanctions, are applied by all persons and entities operating within the Union, including nationals of third countries, as well as by Union citizens or economic entities operating outside the Union’s borders but registered or established under the legislation of a Member State of the Union; |
| --- | --- |

(ab)

to ensure that restrictive economic and financial measures, including targeted financial sanctions, are applied by all persons and entities operating within the Union, including nationals of third countries, as well as by Union citizens or economic entities operating outside the Union’s borders but registered or established under the legislation of a Member State of the Union;

| (ac) | to ensure that sanctioned leaders, and natural and legal persons and entities clearly associated with them, are strictly prohibited from owning assets and property within the EU; |
| --- | --- |

(ac)

to ensure that sanctioned leaders, and natural and legal persons and entities clearly associated with them, are strictly prohibited from owning assets and property within the EU;

| (ad) | to commit EU Member States to prohibit schools and universities, think tanks and other academic institutions from accepting funding, grants, or donations from sanctioned leaders and their natural and legal associates and to establish transparency in their private financing; |
| --- | --- |

(ad)

to commit EU Member States to prohibit schools and universities, think tanks and other academic institutions from accepting funding, grants, or donations from sanctioned leaders and their natural and legal associates and to establish transparency in their private financing;

| (ae) | to commit EU Member States to prohibit sports associations (including football clubs) and charity organisations from accepting funding, grants or donations from sanctioned leaders and their natural and legal associates; |
| --- | --- |

(ae)

to commit EU Member States to prohibit sports associations (including football clubs) and charity organisations from accepting funding, grants or donations from sanctioned leaders and their natural and legal associates;

| (af) | to commit the EU and its Member States to strict adherence to travel bans prohibiting sanctioned persons, from travelling within the EU for any purpose other than on humanitarian grounds; |
| --- | --- |

(af)

to commit the EU and its Member States to strict adherence to travel bans prohibiting sanctioned persons, from travelling within the EU for any purpose other than on humanitarian grounds;

| (ag) | to commit EU Member States to actively investigate and, where appropriate, prosecute persons or legal entities in Europe that have assisted sanctioned leaders and persons associated with them to evade or avoid the sanctions legally imposed against them; |
| --- | --- |

(ag)

to commit EU Member States to actively investigate and, where appropriate, prosecute persons or legal entities in Europe that have assisted sanctioned leaders and persons associated with them to evade or avoid the sanctions legally imposed against them;

Outreach

| (ah) | to commit the EU to build international support and coalitions for its policies, especially with influential actors in the region in question and international organisations, and to associate the European Parliament fully in the process; |
| --- | --- |

(ah)

to commit the EU to build international support and coalitions for its policies, especially with influential actors in the region in question and international organisations, and to associate the European Parliament fully in the process;

| (ai) | to commit the EU to strengthen legitimacy and build broad public and political support for its policies, including restrictive measures and sanctions, at the EU and international levels, especially in the countries of the sanctioned regimes, and to associate the European Parliament fully in the process; |
| --- | --- |

(ai)

to commit the EU to strengthen legitimacy and build broad public and political support for its policies, including restrictive measures and sanctions, at the EU and international levels, especially in the countries of the sanctioned regimes, and to associate the European Parliament fully in the process;

| (aj) | to urge the EU to cooperate, where the UN Security Council has not applied sanctions or restrictive measures, with states that are applying sanctions, to share information and to coordinate measures in order to guarantee the greatest possible impact at international level and maximise the effectiveness of the application of Community sanctions; |
| --- | --- |

(aj)

to urge the EU to cooperate, where the UN Security Council has not applied sanctions or restrictive measures, with states that are applying sanctions, to share information and to coordinate measures in order to guarantee the greatest possible impact at international level and maximise the effectiveness of the application of Community sanctions;

| (ak) | to commit the HR/VP, the Heads of Mission and the EEAS to communicate explicitly to sanctioned leaders what is required of them, and to set precise and achievable targets in order to incentivize positive change and to offer appropriate technical assistance; |
| --- | --- |

(ak)

to commit the HR/VP, the Heads of Mission and the EEAS to communicate explicitly to sanctioned leaders what is required of them, and to set precise and achievable targets in order to incentivize positive change and to offer appropriate technical assistance;

| (al) | to commit Member States to sharing information on listed individuals, as far as legally possible, with other states, relevant EU bodies and international organisations; |
| --- | --- |

(al)

to commit Member States to sharing information on listed individuals, as far as legally possible, with other states, relevant EU bodies and international organisations;

| (am) | to commit Member States to ensure a reasonable degree of public access to information on national measures with regard to restrictive measures applied; |
| --- | --- |

(am)

to commit Member States to ensure a reasonable degree of public access to information on national measures with regard to restrictive measures applied;

| (an) | to commit the Council to consult the European Parliament fully in the sanctions review process and to seek input from the European Parliament into the political guidelines and framing of wider EU sanctions policy; |
| --- | --- |

(an)

to commit the Council to consult the European Parliament fully in the sanctions review process and to seek input from the European Parliament into the political guidelines and framing of wider EU sanctions policy;

| (ao) | to recall that coercive diplomacy must also be matched with positive measures such as development aid, sustainable economic cooperation and support for civil society; |
| --- | --- |

(ao)

to recall that coercive diplomacy must also be matched with positive measures such as development aid, sustainable economic cooperation and support for civil society;

| (ap) | to accompany sanctions and their evaluation with measures based on cooperation and dialogue with civil society organisations and the peoples of targeted countries, with the aim of developing or strengthening a culture of respect for democracy and human rights in the country in question; |
| --- | --- |

(ap)

to accompany sanctions and their evaluation with measures based on cooperation and dialogue with civil society organisations and the peoples of targeted countries, with the aim of developing or strengthening a culture of respect for democracy and human rights in the country in question;

| (aq) | to endeavour to mobilise frozen and confiscated assets in order to repatriate them, as soon as possible to their respective countries to the benefit of the population; |
| --- | --- |

(aq)

to endeavour to mobilise frozen and confiscated assets in order to repatriate them, as soon as possible to their respective countries to the benefit of the population;

*

* *

| 2. | Instructs its President to forward this recommendation to the Council and, for information, to the Commission and the EEAS. |
| --- | --- |

2.

Instructs its President to forward this recommendation to the Council and, for information, to the Commission and the EEAS.

---

(1)  OJ L 196, 2.8.2003, p. 45.

(2)  OJ L 328, 24.11.2006, p. 59.

(3)  OJ L 23, 27.1.2009, p. 37.

(4)  OJ C 295 E, 4.12.2009, p. 49.

(5)  OJ L 309, 25.11.2005, p. 15.

---

| 20.8.2013 | EN | Official Journal of the European Union | CE 239/18 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

CE 239/18

---

Thursday 2 February 2012Cross-border transfer of company seats

P7_TA(2012)0019

European Parliament resolution of 2 February 2012 with recommendations to the Commission on a 14th company law directive on the cross-border transfer of company seats (2011/2046(INI))

2013/C 239 E/03

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 225 of the Treaty on the Functioning of the European Union,

| — | having regard to Articles 50 and 54 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Articles 50 and 54 of the Treaty on the Functioning of the European Union,

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

—

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

| — | having regard to the Commission 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 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 Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE) (1), |
| --- | --- |

—

having regard to Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE) (1),

| — | having regard to Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees (2), |
| --- | --- |

—

having regard to Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees (2),

| — | having regard to Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (3), |
| --- | --- |

—

having regard to Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (3),

| — | having regard to the rulings of the Court of Justice in Daily Mail
   (4), Centros
   (5), Überseering
   (6), Inspire Art
   (7), SEVIC Systems
   (8), Cadbury Schweppes
   (9) and Cartesio
   (10), |
| --- | --- |

—

having regard to the rulings of the Court of Justice in Daily Mail
   (4), Centros
   (5), Überseering
   (6), Inspire Art
   (7), SEVIC Systems
   (8), Cadbury Schweppes
   (9) and Cartesio
   (10),

| — | having regard to its resolution of 4 July 2006 on recent developments and prospects in relation to company law (11), |
| --- | --- |

—

having regard to its resolution of 4 July 2006 on recent developments and prospects in relation to company law (11),

| — | 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 (12), |
| --- | --- |

—

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 (12),

| — | having regard to its resolution of 19 February 2009 on the implementation of Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community (13), |
| --- | --- |

—

having regard to its resolution of 19 February 2009 on the implementation of Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community (13),

| — | 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 (14), |
| --- | --- |

—

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 (14),

| — | 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 (15), |
| --- | --- |

—

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 (15),

| — | having regard to Rules 42 and 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 42 and 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0008/2012), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0008/2012),

| A. | whereas Articles 49 and 54 of the Treaty on the Functioning of the European Union guarantee freedom of establishment for all companies and firms; whereas cross-border company migration is one of the crucial elements in the completion of the internal market; whereas the lack of consistency in legislation on transfers and on procedures for transferring the registered office or real head office of an existing company or firm incorporated under national law from one Member State to another, within the single market, and the associated risks in terms of employment, as well as the administrative difficulties, the costs generated, the social implications and the lack of legal certainty should be noted; |
| --- | --- |

A.

whereas Articles 49 and 54 of the Treaty on the Functioning of the European Union guarantee freedom of establishment for all companies and firms; whereas cross-border company migration is one of the crucial elements in the completion of the internal market; whereas the lack of consistency in legislation on transfers and on procedures for transferring the registered office or real head office of an existing company or firm incorporated under national law from one Member State to another, within the single market, and the associated risks in terms of employment, as well as the administrative difficulties, the costs generated, the social implications and the lack of legal certainty should be noted;

| B. | whereas the majority of the participants in the public consultation closed on 15 April 2004 were in favour of the adoption of a company law directive on the cross-border transfer of company seats; |
| --- | --- |

B.

whereas the majority of the participants in the public consultation closed on 15 April 2004 were in favour of the adoption of a company law directive on the cross-border transfer of company seats;

| C. | whereas given the disparities between the requirements imposed by Member States for companies' migration, the Court of Justice ruling in Cartesio confirms the need for a harmonised regime governing the cross-border transfer of company seats; |
| --- | --- |

C.

whereas given the disparities between the requirements imposed by Member States for companies' migration, the Court of Justice ruling in Cartesio confirms the need for a harmonised regime governing the cross-border transfer of company seats;

| D. | whereas the Court of Justice, in its judgment in Cartesio, has not provided the necessary clarification with regard to the transfer of a company's seat as expected by the Commission in its 2007 impact assessment (16); |
| --- | --- |

D.

whereas the Court of Justice, in its judgment in Cartesio, has not provided the necessary clarification with regard to the transfer of a company's seat as expected by the Commission in its 2007 impact assessment (16);

| E. | whereas it is for the legislators and not for the Court of Justice to establish on the basis of the Treaty the relevant measures to accomplish the freedom of a company to transfer its seat; |
| --- | --- |

E.

whereas it is for the legislators and not for the Court of Justice to establish on the basis of the Treaty the relevant measures to accomplish the freedom of a company to transfer its seat;

| F. | whereas, as a result of the Commission's statement in its 2007 impact assessment that the "'no action' option seems more proportional as no further EU action is required" (17), company mobility still encounters high administrative burdens as well as social and tax costs; |
| --- | --- |

F.

whereas, as a result of the Commission's statement in its 2007 impact assessment that the "'no action' option seems more proportional as no further EU action is required" (17), company mobility still encounters high administrative burdens as well as social and tax costs;

| G. | whereas the Commission’s 2007 impact assessment does not cover the implications for social and employment policies, apart from the involvement of employees; |
| --- | --- |

G.

whereas the Commission’s 2007 impact assessment does not cover the implications for social and employment policies, apart from the involvement of employees;

| H. | whereas the misuse of post-box offices and shell companies with a view to circumventing legal, social and fiscal conditions should be prevented; |
| --- | --- |

H.

whereas the misuse of post-box offices and shell companies with a view to circumventing legal, social and fiscal conditions should be prevented;

| I. | whereas the cross-border transfer of a company seat should be tax-neutral; |
| --- | --- |

I.

whereas the cross-border transfer of a company seat should be tax-neutral;

| J. | whereas transfers of seat should maintain the continuity of the legal personality of the company or firm concerned, in order to ensure its proper functioning; |
| --- | --- |

J.

whereas transfers of seat should maintain the continuity of the legal personality of the company or firm concerned, in order to ensure its proper functioning;

| K. | whereas the transfer should not affect the rights of stakeholders (minority shareholders, employees and creditors) originating before the transfer; |
| --- | --- |

K.

whereas the transfer should not affect the rights of stakeholders (minority shareholders, employees and creditors) originating before the transfer;

| L. | whereas the transfer procedure should be governed by strict rules as regards transparency and information to stakeholders prior to the transfer being carried out; |
| --- | --- |

L.

whereas the transfer procedure should be governed by strict rules as regards transparency and information to stakeholders prior to the transfer being carried out;

| M. | whereas employees' involvement rights are of high importance when the seat of a company is being transferred; |
| --- | --- |

M.

whereas employees' involvement rights are of high importance when the seat of a company is being transferred;

| N. | whereas coherence of the employee involvement procedures between the different legislative provisions contained in the company law directives should be ensured; |
| --- | --- |

N.

whereas coherence of the employee involvement procedures between the different legislative provisions contained in the company law directives should be ensured;

| 1. | Requests the Commission swiftly to submit, on the basis of Article 50(1) and (2)(g) of the Treaty on the Functioning of the European Union, a proposal for a directive on the cross-border transfer of company seats, following the detailed recommendations set out in the Annex hereto; |
| --- | --- |

1.

Requests the Commission swiftly to submit, on the basis of Article 50(1) and (2)(g) of the Treaty on the Functioning of the European Union, a proposal for a directive on the cross-border transfer of company seats, following the detailed recommendations set out in the Annex hereto;

| 2. | Confirms that the recommendations respect fundamental rights and the principle of subsidiarity; |
| --- | --- |

2.

Confirms that the recommendations respect fundamental rights and the principle of subsidiarity;

| 3. | Considers that the requested proposal does not have financial implications; |
| --- | --- |

3.

Considers that the requested proposal does not have financial implications;

| 4. | Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, and to the parliaments and governments of the Member States. |
| --- | --- |

4.

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

---

(1)  OJ L 294, 10.11.2001, p. 1.

(2)  OJ L 294, 10.11.2001, p. 22.

(3)  OJ L 310, 25.11.2005, p. 1.

(4)  Case 81/87 Daily Mail [1988] ECR 5483.

(5)  Case C-212/97 Centros [1999] ECR I-1459.

(6)  Case C-208/00 Überseering [2002] ECR I-9919.

(7)  Case C-167/01 Inspire Art [2003] ECR I-10155.

(8)  Case C-411/03 SEVIC Systems [2005] ECR I-10805.

(9)  Case C-196/04 Cadbury Schweppes [2006] ECR I-7995.

(10)  Case C-210/06 Cartesio [2008] ECR I-9641.

(11)  OJ C 303 E, 13.12.2006, p. 114.

(12)  OJ C 263 E, 16.10.2008, p. 671.

(13)  OJ C 76 E, 25.3.2010, p. 11.

(14)  OJ C 87 E, 1.4.2010, p. 5.

(15)  Texts Adopted, P7_TA(2010)0426.

(16)  Commission staff working document: Impact assessment on the Directive on the cross-border transfer of registered office, SEC (2007) 1707, point 3.5.2, pp. 24-25.

(17)  Commission staff working document: Impact assessment on the Directive on the cross-border transfer of registered office, SEC (2007) 1707, point 6.2.4, p. 39.

---

Thursday 2 February 2012ANNEX

DETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

Recommendation 1 (on the scope of the directive to be adopted)

The directive should apply to limited liability companies within the meaning of Article 2, point 1, of Directive 2005/56/EC.

Its scope should provide for an appropriate solution to the question of separation between the registered office and the administrative seat of a company.

Recommendation 2 (on the effects of a cross-border transfer)

The directive should allow companies to exercise their right of establishment by migrating to a host Member State without losing their legal personality but by being converted into a company governed by the law of the host Member State without having to be wound up.

The transfer should not circumvent legal, social and fiscal conditions.

The transfer should take effect on the date of registration in the host Member State. From the date of registration in the host Member State, the company should be governed by the legislation of that State.

The transfer should not affect the company's legal relationships with third parties.

The transfer should be tax-neutral in accordance with the provisions of Directive 90/434/EEC (1).

Recommendation 3 (on transparency and information rules prior to the transfer decision)

The management or board of a company planning a transfer should be required to draw up a report and a transfer plan. Before the management decides on the report and the transfer plan, the representatives of the employees or, if there are no representatives, the employees themselves, should be informed and consulted on the proposed transfer within the meaning of Article 4 of Directive 2002/14/EC (2).

The report should be submitted to the shareholders and to the representatives of the employees or, if there are no representatives, to the employees themselves.

The report should describe and justify the economic, legal and social aspects of the transfer and explain its consequences for the shareholders, creditors and employees who may examine the report during a specified period which may be not less than one month or more than three months prior to the date of the meeting of shareholders approving the transfer.

The transfer plan should include:

| (a) | the legal form, name and registered office of the company in the home Member State; |
| --- | --- |

(a)

the legal form, name and registered office of the company in the home Member State;

| (b) | the legal form, name and registered office of the company in the host Member State; |
| --- | --- |

(b)

the legal form, name and registered office of the company in the host Member State;

| (c) | the memorandum and articles of association envisaged for the company in the host Member State; |
| --- | --- |

(c)

the memorandum and articles of association envisaged for the company in the host Member State;

| (d) | the timetable envisaged for the transfer; |
| --- | --- |

(d)

the timetable envisaged for the transfer;

| (e) | the date from which the transactions of the company intending to transfer its seat will be treated for accounting purposes as being located in the host Member State; |
| --- | --- |

(e)

the date from which the transactions of the company intending to transfer its seat will be treated for accounting purposes as being located in the host Member State;

| (f) | detailed information on the transfer of the central administration or principal place of business; |
| --- | --- |

(f)

detailed information on the transfer of the central administration or principal place of business;

| (g) | the rights guaranteed to the company’s shareholders, employees and creditors or the relevant measures proposed and the address where all the information thereon can be obtained, free of charge; |
| --- | --- |

(g)

the rights guaranteed to the company’s shareholders, employees and creditors or the relevant measures proposed and the address where all the information thereon can be obtained, free of charge;

| (h) | if the company is managed on the basis of employee participation and if the national legislation of the host Member States does not impose such a scheme, information on the procedures whereby the arrangements for employee participation are determined. |
| --- | --- |

(h)

if the company is managed on the basis of employee participation and if the national legislation of the host Member States does not impose such a scheme, information on the procedures whereby the arrangements for employee participation are determined.

The report and the transfer plan should be submitted to the shareholders and the employee representatives of the company for examination within an appropriate period prior to the date of the company's general meeting of shareholders.

The transfer plan should be published in accordance with the provisions of Directive 2009/101/EC (3).

Recommendation 4 (on the decision by the meeting of shareholders)

The general meeting of shareholders should approve the transfer proposal in accordance with the formalities and by the majority required to amend the memorandum and articles of association under the legislation applicable to the company in its home Member State.

If the company is managed on the basis of employee participation, the shareholders' meeting may make completion of the transfer conditional on its expressly approving the arrangements for employee participation.

Member States should be able to adopt provisions designed to ensure appropriate protection for minority shareholders who oppose a transfer, for example, the right to retire from the company, in accordance with the legislation applicable in its home Member State.

Recommendation 5 (on the verification of the legality of the transfer)

The home Member State should verify the legality of the transfer procedure in accordance with its legislation.

The competent authority designated by the home Member State should issue a certificate conclusively declaring that all the acts and formalities required have been completed before the transfer.

The certificate, a copy of the memorandum and articles of association envisaged for the company in the host Member State and a copy of the transfer proposal should be presented within an appropriate period of time to the body responsible for registration in the host Member State. Those documents should be sufficient to enable the company to be registered in the host Member State. The competent authority for registration in the host Member State should verify that the substantive and formal conditions for the transfer, including the requirements laid down in the host Member State for the formation of such company, are met.

The competent authority in the host Member State should give immediate notification of the registration to the corresponding authority in the home Member State. Thereupon, the home Member State authority should remove the company from the register.

In order to protect third parties, the registration in the host Member State and the removal from the register in the home Member State should be adequately published.

Recommendation 6 (on protective measures)

Any company against which proceedings for winding-up, liquidation, insolvency or suspension of payments or other similar proceedings have been brought should not be allowed to undertake a cross-border transfer of seat.

For the purposes of ongoing judicial or administrative proceedings which commenced before the transfer of seat, the company should be regarded as having its registered office in the home Member State. Existing creditors should have the right to a security deposit.

Recommendation 7 (on employees' rights)

The employees' participation rights should be preserved through the transfer. In principle, they should be governed by the legislation of the host Member State.

However, the legislation of the host Member State should not be applicable if:

| (a) | it does not provide for at least the same level of participation as that applicable in the home Member State, or |
| --- | --- |

(a)

it does not provide for at least the same level of participation as that applicable in the home Member State, or

| (b) | it does not give employees of establishments of the company situated in other Member States the same entitlement to exercise participation rights as they enjoyed before the transfer. |
| --- | --- |

(b)

it does not give employees of establishments of the company situated in other Member States the same entitlement to exercise participation rights as they enjoyed before the transfer.

In addition, the legislative provisions on employees' rights should be in line with the acquis.

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(1)  Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States (OJ L 225, 20.8.1990, p. 1).

(2)  Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

(3)  Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009 on coordination of safeguards which, for the protection of the interests of members and third parties, are required by Member States of companies within the meaning of the second paragraph of Article 48 of the Treaty, with a view to making such safeguards equivalent (OJ L 258, 1.10.2009, p. 11).

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| 20.8.2013 | EN | Official Journal of the European Union | CE 239/23 |
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20.8.2013

EN

Official Journal of the European Union

CE 239/23

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Thursday 2 February 2012Budgetary control of EU humanitarian aid

P7_TA(2012)0020

European Parliament resolution of 2 February 2012 on the budgetary control of EU humanitarian aid managed by ECHO (2011/2073(INI))

2013/C 239 E/04

The European Parliament,

| — | having regard to Article 214 of the Treaty on the Functioning of the European Union (TFEU), which deals with humanitarian aid, |
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—

having regard to Article 214 of the Treaty on the Functioning of the European Union (TFEU), which deals with humanitarian aid,

| — | having regard to the Financial Regulation (1) and its implementing rules (2), |
| --- | --- |

—

having regard to the Financial Regulation (1) and its implementing rules (2),

| — | having regard to Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (3), |
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—

having regard to Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (3),

| — | having regard to its previous resolutions of 27 September 2011 on ‘Towards a stronger European disaster response: the role of civil protection and humanitarian assistance’ (4), of 19 January 2011 on ‘the situation in Haiti one year after the earthquake: humanitarian aid and reconstruction’ (5), of 10 February 2010 on ‘the recent earthquake in Haiti’ (6), of 29 November 2007 on ‘the proclamation of a European Consensus on Humanitarian Aid’, and of 18 January 2011 on ‘Implementation of the European consensus on humanitarian aid: the mid-term review of its Action Plan and the way forward’ (7), |
| --- | --- |

—

having regard to its previous resolutions of 27 September 2011 on ‘Towards a stronger European disaster response: the role of civil protection and humanitarian assistance’ (4), of 19 January 2011 on ‘the situation in Haiti one year after the earthquake: humanitarian aid and reconstruction’ (5), of 10 February 2010 on ‘the recent earthquake in Haiti’ (6), of 29 November 2007 on ‘the proclamation of a European Consensus on Humanitarian Aid’, and of 18 January 2011 on ‘Implementation of the European consensus on humanitarian aid: the mid-term review of its Action Plan and the way forward’ (7),

| — | having regard to its resolutions of 5 May 2010 on the discharge for implementation of the European Union general budget for the financial year 2008 (8) and of 10 May 2011 for the financial year 2009 (9), |
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—

having regard to its resolutions of 5 May 2010 on the discharge for implementation of the European Union general budget for the financial year 2008 (8) and of 10 May 2011 for the financial year 2009 (9),

| — | having regard to the Annual Reports of the European Court of Auditors (ECA) on the implementation of the budget concerning the financial year 2008 (10) and the financial year 2009 (11), together with the Institutions’ replies, |
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—

having regard to the Annual Reports of the European Court of Auditors (ECA) on the implementation of the budget concerning the financial year 2008 (10) and the financial year 2009 (11), together with the Institutions’ replies,

| — | having regard to the ECA’s Special reports No 3/2006 on the ‘European Commission Humanitarian Aid Response to the Tsunami’, No 6/2008 on ‘European Commission Rehabilitation Aid following the Tsunami and Hurricane Mitch’, No 15/2009 on ‘EU assistance implemented through United Nations Organisations: decision-making and monitoring’ and No 3/2011 on ‘The Efficiency and Effectiveness of EU Contributions Channelled through United Nations Organisations in Conflict-Affected Countries’, |
| --- | --- |

—

having regard to the ECA’s Special reports No 3/2006 on the ‘European Commission Humanitarian Aid Response to the Tsunami’, No 6/2008 on ‘European Commission Rehabilitation Aid following the Tsunami and Hurricane Mitch’, No 15/2009 on ‘EU assistance implemented through United Nations Organisations: decision-making and monitoring’ and No 3/2011 on ‘The Efficiency and Effectiveness of EU Contributions Channelled through United Nations Organisations in Conflict-Affected Countries’,

| — | having regard to the Annual reports and Annual Activity reports for the financial years 2009 and 2010 of the Directorate General for Humanitarian Aid and Civil Protection (DG ECHO) and its annexes, |
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—

having regard to the Annual reports and Annual Activity reports for the financial years 2009 and 2010 of the Directorate General for Humanitarian Aid and Civil Protection (DG ECHO) and its annexes,

| — | having regard to the Annual Report on Humanitarian Aid Policy and its implementation in 2009 (COM(2010)0138) and to the Commission staff working paper accompanying it (SEC(2011)0398), |
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—

having regard to the Annual Report on Humanitarian Aid Policy and its implementation in 2009 (COM(2010)0138) and to the Commission staff working paper accompanying it (SEC(2011)0398),

| — | having regard to the Annual Report on the European Union’s Humanitarian Aid and Civil Protection Policies and their implementation in 2010 (COM(2011)0343) and to the Commission staff working paper accompanying it (SEC(2011)0709), |
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—

having regard to the Annual Report on the European Union’s Humanitarian Aid and Civil Protection Policies and their implementation in 2010 (COM(2011)0343) and to the Commission staff working paper accompanying it (SEC(2011)0709),

| — | having regard to the Financial and Administrative Framework Agreement (FAFA) between the European Commission and the United Nations, |
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—

having regard to the Financial and Administrative Framework Agreement (FAFA) between the European Commission and the United Nations,

| — | having regard to the Framework Partnership Agreement between the Commission and humanitarian organisations (FPA), |
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—

having regard to the Framework Partnership Agreement between the Commission and humanitarian organisations (FPA),

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

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development (A7-0444/2011), |
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—

having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development (A7-0444/2011),

| A. | whereas the number, frequency, scope and severity of humanitarian disasters have dramatically increased, affecting more parts of the world; |
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A.

whereas the number, frequency, scope and severity of humanitarian disasters have dramatically increased, affecting more parts of the world;

| B. | whereas the EU’s leading global role as a humanitarian actor and the increase in the number and frequency of interventions inside and outside the EU, in conjunction with the current budgetary constraints, highlight the significance of sound financial management based on the principles of economy, efficiency and effectiveness; |
| --- | --- |

B.

whereas the EU’s leading global role as a humanitarian actor and the increase in the number and frequency of interventions inside and outside the EU, in conjunction with the current budgetary constraints, highlight the significance of sound financial management based on the principles of economy, efficiency and effectiveness;

| C. | whereas the mega catastrophes in Haiti and Pakistan have demonstrated once again that the instruments at the EU’s disposal for responding to disasters have to be improved in terms of effectiveness, speed and coordination; |
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C.

whereas the mega catastrophes in Haiti and Pakistan have demonstrated once again that the instruments at the EU’s disposal for responding to disasters have to be improved in terms of effectiveness, speed and coordination;

Efficiency and effectiveness of the ECHO control, monitoring and supervision system

| 1. | Notes the determination of DG ECHO and the measures taken to improve the efficiency and effectiveness of EU humanitarian aid; |
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1.

Notes the determination of DG ECHO and the measures taken to improve the efficiency and effectiveness of EU humanitarian aid;

| 2. | Recalls the ECA’s opinion, as set out in its annual reports, that the overall ex-ante controls, monitoring and supervision systems, ex-post audit activity, and the internal audit functions of DG ECHO are generally effective; stresses, however, that in all these respects there is room for improvement; |
| --- | --- |

2.

Recalls the ECA’s opinion, as set out in its annual reports, that the overall ex-ante controls, monitoring and supervision systems, ex-post audit activity, and the internal audit functions of DG ECHO are generally effective; stresses, however, that in all these respects there is room for improvement;

Framework Partnership Agreement (FPA) partners: NGOs

| 3. | Notes that the relations between ECHO and its partner NGOs are governed by the FPA, while the method used for budget implementation is direct centralised management; |
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3.

Notes that the relations between ECHO and its partner NGOs are governed by the FPA, while the method used for budget implementation is direct centralised management;

| 4. | Welcomes the enhanced flexibility and efficiency afforded by the 2008 FPA, by comparison with the 2005 FPA, including a more result-oriented approach, the introduction of the A- and P-control mechanisms, greater simplification and less ambiguity resulting from the introduction of guidelines; calls on the Commission to continue refining the measures which will improve the efficiency of cooperation with FPA partners in the post-2012 FPA; stresses that improving the efficiency of cooperation and reducing the excessive administrative burden for FPA partners is important, while at the same timing ensuring a high level of accountability and transparency; |
| --- | --- |

4.

Welcomes the enhanced flexibility and efficiency afforded by the 2008 FPA, by comparison with the 2005 FPA, including a more result-oriented approach, the introduction of the A- and P-control mechanisms, greater simplification and less ambiguity resulting from the introduction of guidelines; calls on the Commission to continue refining the measures which will improve the efficiency of cooperation with FPA partners in the post-2012 FPA; stresses that improving the efficiency of cooperation and reducing the excessive administrative burden for FPA partners is important, while at the same timing ensuring a high level of accountability and transparency;

| 5. | Calls on the Commission to improve the methods for and practice of assessing whether a potential partner qualifies for the FPA or not; recalls that the experience gained prior to the signing of the 2008 FPA indicates that the initial assessment in favour of the partners under P-control mechanism, based on the reliability of their internal control systems and financial solidity, was too optimistic; notes that, once they have been granted this status on the basis of an initial assessment, partners under P-control mechanism are audited less frequently on their internal control systems and are allowed to use their own procurement procedures, and their actions are not subject to contractual limits on funding; recalls that, as a result of the assessment under the 2008 FPA, many of them had to be downgraded to A-partner status, i.e. brought under the A-control mechanism; |
| --- | --- |

5.

Calls on the Commission to improve the methods for and practice of assessing whether a potential partner qualifies for the FPA or not; recalls that the experience gained prior to the signing of the 2008 FPA indicates that the initial assessment in favour of the partners under P-control mechanism, based on the reliability of their internal control systems and financial solidity, was too optimistic; notes that, once they have been granted this status on the basis of an initial assessment, partners under P-control mechanism are audited less frequently on their internal control systems and are allowed to use their own procurement procedures, and their actions are not subject to contractual limits on funding; recalls that, as a result of the assessment under the 2008 FPA, many of them had to be downgraded to A-partner status, i.e. brought under the A-control mechanism;

| 6. | Calls on the Commission to ensure that the weaknesses identified during regular audits of the partners' systems are addressed by them in a timely manner and that the necessary measures are taken if they are not; recalls that the external auditors have to continue working on improving the quality of their recommendations to the partners, taking into account partners' specific structures so as to ensure their acceptance and feasibility; stresses that the documentation of evaluations of proposals for humanitarian aid actions needs to be further streamlined and standardised in order to allow an overall comparison to be made; |
| --- | --- |

6.

Calls on the Commission to ensure that the weaknesses identified during regular audits of the partners' systems are addressed by them in a timely manner and that the necessary measures are taken if they are not; recalls that the external auditors have to continue working on improving the quality of their recommendations to the partners, taking into account partners' specific structures so as to ensure their acceptance and feasibility; stresses that the documentation of evaluations of proposals for humanitarian aid actions needs to be further streamlined and standardised in order to allow an overall comparison to be made;

| 7. | Believes that, thanks to the audit and monitoring mechanisms in place, there is greater accountability with regard to evaluating the efficiency and effectiveness of the FPA partners than in the case with the UN partners; points out that, however, an international organisation such as the UN cannot be compared to FPA partners; |
| --- | --- |

7.

Believes that, thanks to the audit and monitoring mechanisms in place, there is greater accountability with regard to evaluating the efficiency and effectiveness of the FPA partners than in the case with the UN partners; points out that, however, an international organisation such as the UN cannot be compared to FPA partners;

International organisations, UN

| 8. | Notes that relations between ECHO and its UN partners are governed by the Financial and Administrative Framework Agreement (FAFA), whereas relations with the Red Cross family and the International Organisation for Migration are governed by the FPA with International Organisations (IOs); recalls that in both cases the method used for budget implementation has been joint management; |
| --- | --- |

8.

Notes that relations between ECHO and its UN partners are governed by the Financial and Administrative Framework Agreement (FAFA), whereas relations with the Red Cross family and the International Organisation for Migration are governed by the FPA with International Organisations (IOs); recalls that in both cases the method used for budget implementation has been joint management;

| 9. | Points out that the terms for and the implementation of control and follow-up of EU funds under joint management have demonstrated serious weaknesses; urges the Commission to agree, notably with the UN agencies, on the measures required to be able to rely on the audit work carried out by UN bodies and to reinforce and enhance the assurance gained from the existing checks, including verifications; |
| --- | --- |

9.

Points out that the terms for and the implementation of control and follow-up of EU funds under joint management have demonstrated serious weaknesses; urges the Commission to agree, notably with the UN agencies, on the measures required to be able to rely on the audit work carried out by UN bodies and to reinforce and enhance the assurance gained from the existing checks, including verifications;

| 10. | Recalls that the ongoing revision of the Financial Regulation (FR) suggests that EU funds channelled through the UN and IOs are to be managed in accordance with the rules on indirect management; |
| --- | --- |

10.

Recalls that the ongoing revision of the Financial Regulation (FR) suggests that EU funds channelled through the UN and IOs are to be managed in accordance with the rules on indirect management;

| 11. | Stresses that the control requirements for indirect management of the EU funds must be as rigorous as those for shared management; insists that the same level of accountability be established for the indirect management of EU funds by ECHO partners as that indicated in Article 57(5) of the Commission proposal for the FR; stresses that access to the audit reports of ECHO partners is essential in verifying sound financial management of actions financed from the EU budget; |
| --- | --- |

11.

Stresses that the control requirements for indirect management of the EU funds must be as rigorous as those for shared management; insists that the same level of accountability be established for the indirect management of EU funds by ECHO partners as that indicated in Article 57(5) of the Commission proposal for the FR; stresses that access to the audit reports of ECHO partners is essential in verifying sound financial management of actions financed from the EU budget;

| 12. | Insists that audit results be made available in a timely fashion to the discharge authority, without prejudice to the ECA’s or OLAF’s powers and competences; |
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12.

Insists that audit results be made available in a timely fashion to the discharge authority, without prejudice to the ECA’s or OLAF’s powers and competences;

| 13. | Regrets the general character of UN reports, in which insufficient information is provided on results; points out that, because of the single audit principle of the UN and the fact that the scope of the Commission's control remit is limited to verifications and monitoring, the UN reports are, however, an essential source of information with a view to ensuring accountability and transparency; |
| --- | --- |

13.

Regrets the general character of UN reports, in which insufficient information is provided on results; points out that, because of the single audit principle of the UN and the fact that the scope of the Commission's control remit is limited to verifications and monitoring, the UN reports are, however, an essential source of information with a view to ensuring accountability and transparency;

| 14. | Calls on the Commission to ensure that UN reports contain sufficient information concerning the results – i.e. the output and outcome – of projects within the reporting time scale; stresses that measurable output and impact indicators must be an integral part of the reporting criteria; deplores the fact that over 70% of ECHO's replies to the ECA's questionnaires for its Special Report 15/2009 reveal that UN reports were late, and asks the Commission to indicate the latest situation in this regard; |
| --- | --- |

14.

Calls on the Commission to ensure that UN reports contain sufficient information concerning the results – i.e. the output and outcome – of projects within the reporting time scale; stresses that measurable output and impact indicators must be an integral part of the reporting criteria; deplores the fact that over 70% of ECHO's replies to the ECA's questionnaires for its Special Report 15/2009 reveal that UN reports were late, and asks the Commission to indicate the latest situation in this regard;

| 15. | Points out that there are differences between the Commission and the FAFA signatories regarding the interpretation of the FAFA verification clause, particularly on the issue of conducting checks; welcomes the adoption of standard Terms of Reference (ToR) for verifications in July 2009 as a means of providing further guidance for, and clarification on, the operation of the verification clause; recalls that, according to the latest findings of DG ECHO’s External Audit Sector (EAS) and the ECA within the framework of the annual DAS exercise, there is room for further clarification on the agreed ToR and the verification clause; |
| --- | --- |

15.

Points out that there are differences between the Commission and the FAFA signatories regarding the interpretation of the FAFA verification clause, particularly on the issue of conducting checks; welcomes the adoption of standard Terms of Reference (ToR) for verifications in July 2009 as a means of providing further guidance for, and clarification on, the operation of the verification clause; recalls that, according to the latest findings of DG ECHO’s External Audit Sector (EAS) and the ECA within the framework of the annual DAS exercise, there is room for further clarification on the agreed ToR and the verification clause;

| 16. | Notes that the External Audit Service has hardly benefited at all from the increase in staff numbers at DG ECHO's headquarters in 2010 (from 247 to 289); |
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16.

Notes that the External Audit Service has hardly benefited at all from the increase in staff numbers at DG ECHO's headquarters in 2010 (from 247 to 289);

| 17. | Deplores the difficulties the ECA has encountered in accessing information about the actions carried out by UN partners; recalls that, under the FAFA verification clause, the EU, and therefore the ECA, may carry out on-the-spot financial checks and that the UN is to provide all relevant financial information; stresses that the UN must provide the ECA with the necessary access to information and thus fulfil the FAFA verification clause; |
| --- | --- |

17.

Deplores the difficulties the ECA has encountered in accessing information about the actions carried out by UN partners; recalls that, under the FAFA verification clause, the EU, and therefore the ECA, may carry out on-the-spot financial checks and that the UN is to provide all relevant financial information; stresses that the UN must provide the ECA with the necessary access to information and thus fulfil the FAFA verification clause;

| 18. | Welcomes the positive results of the discussions with the World Food Programme (WFP) and the United Nations Children's Fund (UNICEF), as a result of which the WFP and UNICEF changed their rules to make their internal audit reports available to DG ECHO; calls on DG ECHO to conduct similar negotiations with the other UN agencies without delay in order to ensure easy and unbureaucratic access to their internal audit reports; calls on the Commission to inform Parliament’s competent committees on the progress of the negotiations on a six-monthly basis; stresses that all the internal audit reports should be made available to the Commission electronically and not only on the premises of the relevant UN agencies; |
| --- | --- |

18.

Welcomes the positive results of the discussions with the World Food Programme (WFP) and the United Nations Children's Fund (UNICEF), as a result of which the WFP and UNICEF changed their rules to make their internal audit reports available to DG ECHO; calls on DG ECHO to conduct similar negotiations with the other UN agencies without delay in order to ensure easy and unbureaucratic access to their internal audit reports; calls on the Commission to inform Parliament’s competent committees on the progress of the negotiations on a six-monthly basis; stresses that all the internal audit reports should be made available to the Commission electronically and not only on the premises of the relevant UN agencies;

| 19. | Recalls that discussions started with the WFP in 2010 in order to agree on a common methodology under which the WFP would conduct audits of EU-funded projects; calls on the Commission to successfully complete this objective and to conduct similar negotiations with the other UN partners; |
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19.

Recalls that discussions started with the WFP in 2010 in order to agree on a common methodology under which the WFP would conduct audits of EU-funded projects; calls on the Commission to successfully complete this objective and to conduct similar negotiations with the other UN partners;

| 20. | Welcomes the current efforts of the Working Group on Accountability for and Audit of Disaster-Related Aid established in the framework of the International Organisation of Supreme Audit Institutions (INTOSAI) and led by a Member of the European Court of Auditors; recalls that the two main objectives are: (i) establishing guidance and good practice with a view to ultimately arriving at a single integrated reporting model and (ii) establishing guidance and good practice in the area of disaster-related aid auditing; |
| --- | --- |

20.

Welcomes the current efforts of the Working Group on Accountability for and Audit of Disaster-Related Aid established in the framework of the International Organisation of Supreme Audit Institutions (INTOSAI) and led by a Member of the European Court of Auditors; recalls that the two main objectives are: (i) establishing guidance and good practice with a view to ultimately arriving at a single integrated reporting model and (ii) establishing guidance and good practice in the area of disaster-related aid auditing;

| 21. | Is of the opinion that this is an important step forward in addressing the challenges of transparency and accountability in cooperation with the UN and other international organisations; encourages the working group to fulfil its mandate within the set time frame; |
| --- | --- |

21.

Is of the opinion that this is an important step forward in addressing the challenges of transparency and accountability in cooperation with the UN and other international organisations; encourages the working group to fulfil its mandate within the set time frame;

| 22. | Points out that, since the revelations of misuse of UN funds for humanitarian and development activities by the Government of North Korea in late 2006, there has been broad criticism regarding the lack of transparency, accountability, efficiency and effectiveness of the management of funds by the UN; regrets that the UN reform in matters of transparency and accountability has not yet made any significant progress; stresses that EU Member States need to demonstrate more political will, determination and coherence to advance the reform and ensure greater accountability; calls on the High Representative of the Union for Foreign and Security Policy to prioritise this issue and play a facilitating role; |
| --- | --- |

22.

Points out that, since the revelations of misuse of UN funds for humanitarian and development activities by the Government of North Korea in late 2006, there has been broad criticism regarding the lack of transparency, accountability, efficiency and effectiveness of the management of funds by the UN; regrets that the UN reform in matters of transparency and accountability has not yet made any significant progress; stresses that EU Member States need to demonstrate more political will, determination and coherence to advance the reform and ensure greater accountability; calls on the High Representative of the Union for Foreign and Security Policy to prioritise this issue and play a facilitating role;

Efficiency and effectiveness of the implementation of EU humanitarian aid managed by DG ECHO

| 23. | Recognises the benefits of seeking new arrangements for the provision of funding by DG ECHO, together with its partners; calls at the same time for the diversity of the actors involved in financing and implementing the European humanitarian programmes – the United Nations, the International Red Cross and Red Crescent Movement, NGOs – to be borne in mind, given that disasters often transcend national borders and require multilateral, coordinated responses; encourages the work being done to strengthen the capacities of local stakeholders and increase assessment and rapid response capabilities on the ground through DG ECHO’s offices as well as field experts; |
| --- | --- |

23.

Recognises the benefits of seeking new arrangements for the provision of funding by DG ECHO, together with its partners; calls at the same time for the diversity of the actors involved in financing and implementing the European humanitarian programmes – the United Nations, the International Red Cross and Red Crescent Movement, NGOs – to be borne in mind, given that disasters often transcend national borders and require multilateral, coordinated responses; encourages the work being done to strengthen the capacities of local stakeholders and increase assessment and rapid response capabilities on the ground through DG ECHO’s offices as well as field experts;

| 24. | Points out that accurate and coherent needs assessment is an essential prerequisite for the effective implementation of humanitarian aid; acknowledges that, thanks to the Global Needs Assessment (GNA) and Forgotten Crisis Assessment (FCA), the humanitarian assistance managed by ECHO fulfils the vital criterion of being strictly needs-based; stresses the necessity for the Commission to continue its efforts in engaging in debate on setting up better coordinated and more coherent needs assessment; welcomes the dialogue between the Commission and the UN in this respect; |
| --- | --- |

24.

Points out that accurate and coherent needs assessment is an essential prerequisite for the effective implementation of humanitarian aid; acknowledges that, thanks to the Global Needs Assessment (GNA) and Forgotten Crisis Assessment (FCA), the humanitarian assistance managed by ECHO fulfils the vital criterion of being strictly needs-based; stresses the necessity for the Commission to continue its efforts in engaging in debate on setting up better coordinated and more coherent needs assessment; welcomes the dialogue between the Commission and the UN in this respect;

FPA partners

| 25. | Draws attention to the high-quality work carried out by DG ECHO’s partners, achieved by means of an effective selection method – in particular through the FPA – and the development of standards and practices applicable in the humanitarian field; stresses also that effective monitoring of the use of funds in the form of audits of the partners carried out by private audit firms is essential and helps to legitimise the humanitarian sector; notes, however, in the interests of safeguarding the diversity of the partners and guaranteeing access for small and medium-sized NGOs, the complexity of the administrative access procedures, the excessive administrative charges, which are very high for NGOs, and the difficulties experienced with undergoing audits, given the lack of human resources, and calls for the tools used to be appropriate to the specific requirements of the humanitarian sector and to local requirements, so that humanitarian aid is targeted appropriately and coordinated action by the various aid organisations involved begins at an early stage; |
| --- | --- |

25.

Draws attention to the high-quality work carried out by DG ECHO’s partners, achieved by means of an effective selection method – in particular through the FPA – and the development of standards and practices applicable in the humanitarian field; stresses also that effective monitoring of the use of funds in the form of audits of the partners carried out by private audit firms is essential and helps to legitimise the humanitarian sector; notes, however, in the interests of safeguarding the diversity of the partners and guaranteeing access for small and medium-sized NGOs, the complexity of the administrative access procedures, the excessive administrative charges, which are very high for NGOs, and the difficulties experienced with undergoing audits, given the lack of human resources, and calls for the tools used to be appropriate to the specific requirements of the humanitarian sector and to local requirements, so that humanitarian aid is targeted appropriately and coordinated action by the various aid organisations involved begins at an early stage;

| 26. | Commends DG ECHO’s efforts to promote the use of innovative approaches such as the cash-based approach, and in particular unconditional transfers, which are directed at the most vulnerable groups; notes that, by using local markets, these approaches can be more efficient than assistance in kind, and do not necessarily carry a greater fiduciary risk; urges DG ECHO, therefore, to continue to develop these cash-based approaches and to encourage its partners to use them; |
| --- | --- |

26.

Commends DG ECHO’s efforts to promote the use of innovative approaches such as the cash-based approach, and in particular unconditional transfers, which are directed at the most vulnerable groups; notes that, by using local markets, these approaches can be more efficient than assistance in kind, and do not necessarily carry a greater fiduciary risk; urges DG ECHO, therefore, to continue to develop these cash-based approaches and to encourage its partners to use them;

| 27. | Recalls the conclusions reached following the three cycles of headquarter (HQ) audits carried out by DG ECHO’s External Audit Sector (EAS) on the nature and solidity of financial relations between DG ECHO and its partners, to the effect that funds made available by the Commission have been used, on the whole, with reasonable care and in accordance with the rules and regulations in force; |
| --- | --- |

27.

Recalls the conclusions reached following the three cycles of headquarter (HQ) audits carried out by DG ECHO’s External Audit Sector (EAS) on the nature and solidity of financial relations between DG ECHO and its partners, to the effect that funds made available by the Commission have been used, on the whole, with reasonable care and in accordance with the rules and regulations in force;

| 28. | Notes that most of the recommendations resulting from EAS HQ audits of the FPA partners refer to the procurement rules of the partners; draws attention to one of the main findings of the HQ audits, which is that not all FPA partners (coming under both the A- and the P-control mechanisms) have procedures in place which are fully compliant with the principles of Annex IV to the 2008 FPA; notes that there are issues relating to the provision of complete procurement files and the establishment of better-documented and solid procurement procedures; |
| --- | --- |

28.

Notes that most of the recommendations resulting from EAS HQ audits of the FPA partners refer to the procurement rules of the partners; draws attention to one of the main findings of the HQ audits, which is that not all FPA partners (coming under both the A- and the P-control mechanisms) have procedures in place which are fully compliant with the principles of Annex IV to the 2008 FPA; notes that there are issues relating to the provision of complete procurement files and the establishment of better-documented and solid procurement procedures;

| 29. | Notes that the following issues must be addressed by the FPA partners: establishing appropriate internal control mechanisms, improving their financial cost allocation systems and making them more transparent, improving weaknesses in their accounting systems and their management’s commitment to quality standards, establishing a risk management process for the whole organisation and raising awareness of the dangers of fraud and corruption; |
| --- | --- |

29.

Notes that the following issues must be addressed by the FPA partners: establishing appropriate internal control mechanisms, improving their financial cost allocation systems and making them more transparent, improving weaknesses in their accounting systems and their management’s commitment to quality standards, establishing a risk management process for the whole organisation and raising awareness of the dangers of fraud and corruption;

| 30. | Notes that ECHO partners can subcontract implementing partners to carry out activities to support humanitarian actions; deplores the lack of proper procedures, and of oversight and proper management by FPA partners of their implementing partners; calls on the Commission accordingly to address this issue, considering the risk to which this may give rise in cases of fraud, the lack of access to underlying documents and the fact that ECHO does not have mechanisms to identify the subcontracted implementing partners; |
| --- | --- |

30.

Notes that ECHO partners can subcontract implementing partners to carry out activities to support humanitarian actions; deplores the lack of proper procedures, and of oversight and proper management by FPA partners of their implementing partners; calls on the Commission accordingly to address this issue, considering the risk to which this may give rise in cases of fraud, the lack of access to underlying documents and the fact that ECHO does not have mechanisms to identify the subcontracted implementing partners;

| 31. | Believes that genuine and continuous involvement of beneficiaries in the planning and management of aid is one of the essential preconditions for high-quality, prompt humanitarian responses, particularly in the case of long-term crises; points out that in many cases there are no formal mechanisms in place to provide complaints/feedback from the beneficiary to the partner concerned or clear rules on the protection of whistleblowers; stresses that this is an important measure for improving the effectiveness and accountability, and preventing potential misuse of, aid materials; calls on DG ECHO to establish such mechanisms without delay; |
| --- | --- |

31.

Believes that genuine and continuous involvement of beneficiaries in the planning and management of aid is one of the essential preconditions for high-quality, prompt humanitarian responses, particularly in the case of long-term crises; points out that in many cases there are no formal mechanisms in place to provide complaints/feedback from the beneficiary to the partner concerned or clear rules on the protection of whistleblowers; stresses that this is an important measure for improving the effectiveness and accountability, and preventing potential misuse of, aid materials; calls on DG ECHO to establish such mechanisms without delay;

| 32. | Recalls the EAS recommendation according to which there is a need for improved distribution and post-distribution monitoring by staff not involved in the process itself, so as to evaluate whether needs assessment has identified all requirements and whether these requirements have been met; calls on the Commission to implement the lessons learned from these monitoring activities; |
| --- | --- |

32.

Recalls the EAS recommendation according to which there is a need for improved distribution and post-distribution monitoring by staff not involved in the process itself, so as to evaluate whether needs assessment has identified all requirements and whether these requirements have been met; calls on the Commission to implement the lessons learned from these monitoring activities;

UN partners

| 33. | Recalls the ECA opinion, as set out in its Special Report 15/2009, that the strategic and legal requirements for selecting partners in an objective and transparent way are insufficiently translated into practical criteria to support decision-making in the case of UN partners; calls on the Commission to systematically carry out and document formal appraisals comparing the aid delivery mechanisms of UN partners and those of other partners; |
| --- | --- |

33.

Recalls the ECA opinion, as set out in its Special Report 15/2009, that the strategic and legal requirements for selecting partners in an objective and transparent way are insufficiently translated into practical criteria to support decision-making in the case of UN partners; calls on the Commission to systematically carry out and document formal appraisals comparing the aid delivery mechanisms of UN partners and those of other partners;

| 34. | Notes that, in addition to its contribution to indirect costs (up to 7% of the budget for an activity), i.e. costs that are not directly related to the implementation of a specific project, the Commission funds a variety of costs related directly (direct costs) to the project, including the support costs for local offices, staff and transport directly related to activities; points out that the level of support costs, such as transport, storage and handling (e.g. of food assistance) varies strongly; acknowledges that the reason for this can be country-specific, depending on the conditions, but points out that it can also be due to the need to streamline operations, in order to make them more cost-effective; suggests that the Commission assess the level of support costs with reference to a normal range or benchmark for the type of project concerned, in order to establish whether it is reasonable; |
| --- | --- |

34.

Notes that, in addition to its contribution to indirect costs (up to 7% of the budget for an activity), i.e. costs that are not directly related to the implementation of a specific project, the Commission funds a variety of costs related directly (direct costs) to the project, including the support costs for local offices, staff and transport directly related to activities; points out that the level of support costs, such as transport, storage and handling (e.g. of food assistance) varies strongly; acknowledges that the reason for this can be country-specific, depending on the conditions, but points out that it can also be due to the need to streamline operations, in order to make them more cost-effective; suggests that the Commission assess the level of support costs with reference to a normal range or benchmark for the type of project concerned, in order to establish whether it is reasonable;

Various other issues

| 35. | Stresses that, alongside essential criteria such as experience and expertise, past performance, coordination, dialogue and speed, cost-effectiveness must also be an important criterion for selecting partners; welcomes the fact that ECHO is currently working on the development of a comparative cost information system (‘Cost Observed for Results’) based on comparable unit costs; stresses the importance of using the information provided by this tool to analyse the cost-effectiveness of project proposals; |
| --- | --- |

35.

Stresses that, alongside essential criteria such as experience and expertise, past performance, coordination, dialogue and speed, cost-effectiveness must also be an important criterion for selecting partners; welcomes the fact that ECHO is currently working on the development of a comparative cost information system (‘Cost Observed for Results’) based on comparable unit costs; stresses the importance of using the information provided by this tool to analyse the cost-effectiveness of project proposals;

| 36. | Draws attention to the frequent topping up of DG ECHO’s budget, either through the use of the Emergency Aid Reserve or through transfers from other budget lines from the external aid heading of the EDF; considers budget top-ups to be a structural issue; stresses the necessity to draw up a realistic budget, allocating appropriations for natural disasters or humanitarian actions on the basis of confirmed experience with spending in previous years; |
| --- | --- |

36.

Draws attention to the frequent topping up of DG ECHO’s budget, either through the use of the Emergency Aid Reserve or through transfers from other budget lines from the external aid heading of the EDF; considers budget top-ups to be a structural issue; stresses the necessity to draw up a realistic budget, allocating appropriations for natural disasters or humanitarian actions on the basis of confirmed experience with spending in previous years;

| 37. | Stresses the fact that the European Union must strengthen its reaction capacity, given the growing number of major natural disasters; recalls, with this in mind, that Parliament has for many years been calling for a more realistic humanitarian budget in the interests of remedying the chronic underfunding of the relevant budget lines, making it possible to provide some financial leeway throughout the financial year, and maintaining a coherent balance between the financing of measures to prevent humanitarian disasters and of measures to ensure rapid responses to natural and man-made disasters; |
| --- | --- |

37.

Stresses the fact that the European Union must strengthen its reaction capacity, given the growing number of major natural disasters; recalls, with this in mind, that Parliament has for many years been calling for a more realistic humanitarian budget in the interests of remedying the chronic underfunding of the relevant budget lines, making it possible to provide some financial leeway throughout the financial year, and maintaining a coherent balance between the financing of measures to prevent humanitarian disasters and of measures to ensure rapid responses to natural and man-made disasters;

| 38. | Welcomes the recent Commission communication on the 2014-2020 multiannual financial framework, which provides for an increase in the humanitarian aid instrument budget of EUR 6,4 billion over this period (i.e. an annual average of EUR 915 million, as against EUR 813 million in 2007-2013); also notes with satisfaction the increase in the Emergency Aid Reserve for the same period, bringing it up to EUR 2,5 billion, as well as the proposal for unspent funds in the reserve to be carried over to the following year, and asks the Commission to ensure that these funds continue to be earmarked principally for urgent humanitarian needs; |
| --- | --- |

38.

Welcomes the recent Commission communication on the 2014-2020 multiannual financial framework, which provides for an increase in the humanitarian aid instrument budget of EUR 6,4 billion over this period (i.e. an annual average of EUR 915 million, as against EUR 813 million in 2007-2013); also notes with satisfaction the increase in the Emergency Aid Reserve for the same period, bringing it up to EUR 2,5 billion, as well as the proposal for unspent funds in the reserve to be carried over to the following year, and asks the Commission to ensure that these funds continue to be earmarked principally for urgent humanitarian needs;

| 39. | Asks for the EU budget to support actions designed to anticipate disasters, prepare for them, avert them and react more quickly to them, as well as measures to ensure greater flexibility in launching development measures as a means of emerging from crisis situations; finds it regrettable that concrete progress on the link between emergency aid, rehabilitation and development remains limited despite the many political commitments made in recent years; |
| --- | --- |

39.

Asks for the EU budget to support actions designed to anticipate disasters, prepare for them, avert them and react more quickly to them, as well as measures to ensure greater flexibility in launching development measures as a means of emerging from crisis situations; finds it regrettable that concrete progress on the link between emergency aid, rehabilitation and development remains limited despite the many political commitments made in recent years;

| 40. | Calls therefore for more and better-managed resources to be deployed to guarantee continuity of aid in the transition phase between emergency and development, and for thought to be given to achieving greater flexibility and complementarity of the existing financial mechanisms, particularly in the context of EDF and DCI country/regional strategy papers; calls for particular care for children, as well as expectant mothers and mothers of young children, with regard to the provision of food, clothing, evacuation and transportation, and of medical facilities with a view to preventing unwanted pregnancies and sexually transmitted diseases, as priority areas under the existing financial mechanisms; |
| --- | --- |

40.

Calls therefore for more and better-managed resources to be deployed to guarantee continuity of aid in the transition phase between emergency and development, and for thought to be given to achieving greater flexibility and complementarity of the existing financial mechanisms, particularly in the context of EDF and DCI country/regional strategy papers; calls for particular care for children, as well as expectant mothers and mothers of young children, with regard to the provision of food, clothing, evacuation and transportation, and of medical facilities with a view to preventing unwanted pregnancies and sexually transmitted diseases, as priority areas under the existing financial mechanisms;

| 41. | Recommends that the primary focus of this transitional, rehabilitation-oriented phase between emergency aid and development should be capacity-building in local institutions and a high level of involvement of local NGOs and associations in the planning and implementation phases in order to facilitate and build a basis for high-quality and effective human development programmes; |
| --- | --- |

41.

Recommends that the primary focus of this transitional, rehabilitation-oriented phase between emergency aid and development should be capacity-building in local institutions and a high level of involvement of local NGOs and associations in the planning and implementation phases in order to facilitate and build a basis for high-quality and effective human development programmes;

| 42. | Considers that there is satisfactory visibility for ECHO-funded actions; recognises the significance of measures to ensure visibility in terms of accountability and helping to reduce the risk of double financing; stresses that this should not become a means of brand promotion for humanitarian agencies and should not result in people competing for visibility at the expense of meeting the real needs of beneficiaries; |
| --- | --- |

42.

Considers that there is satisfactory visibility for ECHO-funded actions; recognises the significance of measures to ensure visibility in terms of accountability and helping to reduce the risk of double financing; stresses that this should not become a means of brand promotion for humanitarian agencies and should not result in people competing for visibility at the expense of meeting the real needs of beneficiaries;

| 43. | Considers that the increasingly large role accorded to consortia has a potentially positive effect in terms of scaling up the humanitarian response and improving coordination; calls on the Commission to provide clearer guidance to guarantee transparency and ensure that consortia do not negatively affect the diversity of the NGO community, with particular reference to small and medium-sized organisations; |
| --- | --- |

43.

Considers that the increasingly large role accorded to consortia has a potentially positive effect in terms of scaling up the humanitarian response and improving coordination; calls on the Commission to provide clearer guidance to guarantee transparency and ensure that consortia do not negatively affect the diversity of the NGO community, with particular reference to small and medium-sized organisations;

Need for sustainability, coherence and complementarity

| 44. | Points to the significance of linking relief, rehabilitation and development (LRRD) in order to strengthen the links between relief, recovery and development and to ensure a smooth transition from humanitarian aid to development aid; stresses that there is still much work to be done to improve the coordination, efficiency, effectiveness and consistency of LRRD; |
| --- | --- |

44.

Points to the significance of linking relief, rehabilitation and development (LRRD) in order to strengthen the links between relief, recovery and development and to ensure a smooth transition from humanitarian aid to development aid; stresses that there is still much work to be done to improve the coordination, efficiency, effectiveness and consistency of LRRD;

| 45. | Welcomes the fact that DG ECHO promotes disaster risk reduction (DRR) through the DIPECHO programme and as an integral part of humanitarian actions; |
| --- | --- |

45.

Welcomes the fact that DG ECHO promotes disaster risk reduction (DRR) through the DIPECHO programme and as an integral part of humanitarian actions;

| 46. | Calls on DG ECHO to focus more closely on the sustainability of humanitarian actions; urges DG ECHO and other relevant Commission services to put greater emphasis on DRR and disaster preparedness, strengthen the resilience of the population at risk through capacity building, training and public awareness measures, and establish efficient early-warning systems in disaster-prone and crisis-hit countries, in order to enable them to react appropriately; |
| --- | --- |

46.

Calls on DG ECHO to focus more closely on the sustainability of humanitarian actions; urges DG ECHO and other relevant Commission services to put greater emphasis on DRR and disaster preparedness, strengthen the resilience of the population at risk through capacity building, training and public awareness measures, and establish efficient early-warning systems in disaster-prone and crisis-hit countries, in order to enable them to react appropriately;

| 47. | Believes that cultural sensitivity and knowledge is a key factor in delivering effective humanitarian aid; stresses, for example, that the products delivered during humanitarian actions must be suitable and acceptable to the local population; |
| --- | --- |

47.

Believes that cultural sensitivity and knowledge is a key factor in delivering effective humanitarian aid; stresses, for example, that the products delivered during humanitarian actions must be suitable and acceptable to the local population;

| 48. | Calls on DG ECHO to carefully consider the possible negative effects of humanitarian aid; points out that, for example, a surplus of food aid can discourage local food production and have a negative effect on the local markets, thus endangering food security in the long term; |
| --- | --- |

48.

Calls on DG ECHO to carefully consider the possible negative effects of humanitarian aid; points out that, for example, a surplus of food aid can discourage local food production and have a negative effect on the local markets, thus endangering food security in the long term;

| 49. | Urges the Commission to ensure better coherence and complementarity between humanitarian aid and development aid, both on the policy level and in practice; |
| --- | --- |

49.

Urges the Commission to ensure better coherence and complementarity between humanitarian aid and development aid, both on the policy level and in practice;

| 50. | Believes that the current acute food crisis in the Horn of Africa is also the tragic consequence of a lack of coherence and complementarity in international humanitarian and development aid; points out that, unlike natural disasters, this has been a slow-onset crisis that has gradually escalated into a humanitarian disaster; recalls that, unfortunately, droughts and food shortages have taken on a chronic character in the Horn of Africa; deplores the fact that, despite this reality and the vast amount of development assistance that has flowed into the region over the past decades, there are no visible results in terms of strengthening the self-sufficiency of local farmers and thus ensuring sustainability; |
| --- | --- |

50.

Believes that the current acute food crisis in the Horn of Africa is also the tragic consequence of a lack of coherence and complementarity in international humanitarian and development aid; points out that, unlike natural disasters, this has been a slow-onset crisis that has gradually escalated into a humanitarian disaster; recalls that, unfortunately, droughts and food shortages have taken on a chronic character in the Horn of Africa; deplores the fact that, despite this reality and the vast amount of development assistance that has flowed into the region over the past decades, there are no visible results in terms of strengthening the self-sufficiency of local farmers and thus ensuring sustainability;

Haiti and Pakistan

| 51. | Regrets that 2010 will be remembered as the year of two mega disasters: the devastating earthquake in Haiti, followed by a cholera epidemic, and the unprecedented floods in Pakistan; |
| --- | --- |

51.

Regrets that 2010 will be remembered as the year of two mega disasters: the devastating earthquake in Haiti, followed by a cholera epidemic, and the unprecedented floods in Pakistan;

| 52. | Notes that in 2010 ECHO allocated EUR 122 million to Haiti and EUR 150 million to Pakistan, and that the humanitarian assistance allocated to Pakistan by ECHO was the largest intervention ever conducted in one year; |
| --- | --- |

52.

Notes that in 2010 ECHO allocated EUR 122 million to Haiti and EUR 150 million to Pakistan, and that the humanitarian assistance allocated to Pakistan by ECHO was the largest intervention ever conducted in one year;

| 53. | Recognises that the scale of the disasters and the inherent difficulties, including physical access and security concerns, made the conditions extremely complex; points out that both disasters brought similar problems to light; |
| --- | --- |

53.

Recognises that the scale of the disasters and the inherent difficulties, including physical access and security concerns, made the conditions extremely complex; points out that both disasters brought similar problems to light;

| 54. | Points out that efficient international coordination is an essential prerequisite for efficient and effective humanitarian assistance, recognises the added value of operating – as well as the need to operate – under the umbrella of the UN Office for the Coordination of Humanitarian Affairs (OCHA) during humanitarian aid operations; |
| --- | --- |

54.

Points out that efficient international coordination is an essential prerequisite for efficient and effective humanitarian assistance, recognises the added value of operating – as well as the need to operate – under the umbrella of the UN Office for the Coordination of Humanitarian Affairs (OCHA) during humanitarian aid operations;

| 55. | Notes that the Commission provides the OCHA with significant support; deplores the fact that the experience in Haiti and Pakistan highlighted the currently insufficient coordinating ability of the OCHA; stresses that the OCHA’s ability to fulfil its coordinating role was undermined by low capacity, inadequate needs assessment and only partially functional electronic tools for processing the information; |
| --- | --- |

55.

Notes that the Commission provides the OCHA with significant support; deplores the fact that the experience in Haiti and Pakistan highlighted the currently insufficient coordinating ability of the OCHA; stresses that the OCHA’s ability to fulfil its coordinating role was undermined by low capacity, inadequate needs assessment and only partially functional electronic tools for processing the information;

| 56. | Notes that the Commission has provided the UN with significant support in its efforts to develop and implement the cluster system; stresses that both disasters revealed that there is still much work to be done to improve its effectiveness, efficiency and coordination and to reinforce ownership and accountability; |
| --- | --- |

56.

Notes that the Commission has provided the UN with significant support in its efforts to develop and implement the cluster system; stresses that both disasters revealed that there is still much work to be done to improve its effectiveness, efficiency and coordination and to reinforce ownership and accountability;

| 57. | Points out that the Commission did not provide Parliament’s rapporteur with the final narrative and financial reports of the ECHO partners on the implementation of humanitarian actions in the aftermath of the catastrophes in Haiti and Pakistan in 2010, on the grounds that they included sensitive information on ECHO partners; stresses that Parliament must have access to such reports, or at least to the main facts about the efficiency and effectiveness of the implementation of actions, in order to be able to judge as to their sound financial management; |
| --- | --- |

57.

Points out that the Commission did not provide Parliament’s rapporteur with the final narrative and financial reports of the ECHO partners on the implementation of humanitarian actions in the aftermath of the catastrophes in Haiti and Pakistan in 2010, on the grounds that they included sensitive information on ECHO partners; stresses that Parliament must have access to such reports, or at least to the main facts about the efficiency and effectiveness of the implementation of actions, in order to be able to judge as to their sound financial management;

| 58. | Points out that the Committee on Budgetary Control will send a delegation to Haiti in light of the problems reported in connection with the aid allocated to Haiti; |
| --- | --- |

58.

Points out that the Committee on Budgetary Control will send a delegation to Haiti in light of the problems reported in connection with the aid allocated to Haiti;

| 59. | Calls on the Commission to raise the matters relating to the UN with the relevant UN bodies; |
| --- | --- |

59.

Calls on the Commission to raise the matters relating to the UN with the relevant UN bodies;

*

* *

| 60. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

60.

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

---

(1)  OJ L 248, 16.9.2002, p. 1.

(2)  OJ L 357, 31.12.2002, p. 1.

(3)  OJ L 163, 2.7.1996, p. 1.

(4)  Texts adopted P7_TA(2011)0404.

(5)  Texts adopted P7_TA(2011)0018.

(6)  OJ C 341 E, 16.12.2010, p. 5.

(7)  Texts adopted P7_TA(2011)0005.

(8)  OJ L 252, 25.9.2010, p. 1.

(9)  OJ L 250, 27.9.2011, p. 1.

(10)  OJ C 269, 10.11.2009, p. 1.

(11)  OJ C 303, 9.11.2010, p. 1.

---

| 20.8.2013 | EN | Official Journal of the European Union | CE 239/32 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

CE 239/32

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Thursday 2 February 2012Towards a coherent European approach to collective redress

P7_TA(2012)0021

European Parliament resolution of 2 February 2012 on ‘Towards a Coherent European Approach to Collective Redress’ (2011/2089(INI))

2013/C 239 E/05

The European Parliament,

| — | having regard to the Commission staff working document of 4 February 2011 entitled ‘Public Consultation: Towards a Coherent European Approach to Collective Redress’ (SEC(2011)0173), |
| --- | --- |

—

having regard to the Commission staff working document of 4 February 2011 entitled ‘Public Consultation: Towards a Coherent European Approach to Collective Redress’ (SEC(2011)0173),

| — | having regard to the draft guidance paper entitled ‘Quantifying harm in actions for damages based on breaches of Article 101 or 102 of the Treaty on the Functioning of the European Union’, published by the Commission in June 2011, |
| --- | --- |

—

having regard to the draft guidance paper entitled ‘Quantifying harm in actions for damages based on breaches of Article 101 or 102 of the Treaty on the Functioning of the European Union’, published by the Commission in June 2011,

| — | having regard to Directive 2009/22/EC on injunctions for the protection of consumers' interests (1), |
| --- | --- |

—

having regard to Directive 2009/22/EC on injunctions for the protection of consumers' interests (1),

| — | having regard to the consultation paper for discussion on the follow-up to the Green Paper on consumer collective redress, published by the Commission in 2009, |
| --- | --- |

—

having regard to the consultation paper for discussion on the follow-up to the Green Paper on consumer collective redress, published by the Commission in 2009,

| — | having regard to its resolution of 26 March 2009 on the White Paper on damages actions for breach of the EC antitrust rules (2), |
| --- | --- |

—

having regard to its resolution of 26 March 2009 on the White Paper on damages actions for breach of the EC antitrust rules (2),

| — | having regard to the Commission Green Paper of 27 November 2008 on consumer collective redress (COM(2008)0794), |
| --- | --- |

—

having regard to the Commission Green Paper of 27 November 2008 on consumer collective redress (COM(2008)0794),

| — | having regard to its resolution of 20 January 2011 on the Report on Competition Policy 2009 (3), |
| --- | --- |

—

having regard to its resolution of 20 January 2011 on the Report on Competition Policy 2009 (3),

| — | having regard to the Commission White Paper of 2 April 2008 on damages actions for breach of the EC antitrust rules (COM(2008)0165), |
| --- | --- |

—

having regard to the Commission White Paper of 2 April 2008 on damages actions for breach of the EC antitrust rules (COM(2008)0165),

| — | having regard to the Monti report of 9 May 2010 on a new strategy for the single market, |
| --- | --- |

—

having regard to the Monti report of 9 May 2010 on a new strategy for the single market,

| — | having regard to the Commission communication of 13 March 2007 entitled ‘EU Consumer Policy Strategy 2007-2013: Empowering Consumers, Enhancing their Welfare, Effectively Protecting Them’ (COM(2007)0099), |
| --- | --- |

—

having regard to the Commission communication of 13 March 2007 entitled ‘EU Consumer Policy Strategy 2007-2013: Empowering Consumers, Enhancing their Welfare, Effectively Protecting Them’ (COM(2007)0099),

| — | having regard to its resolution of 25 October 2011 on alternative dispute resolution in civil, commercial and family matters (4), |
| --- | --- |

—

having regard to its resolution of 25 October 2011 on alternative dispute resolution in civil, commercial and family matters (4),

| — | having regard to its resolution of 13 September 2011 on the implementation of the directive on mediation in the Member States, its impact on mediation and its take-up by the courts (5), |
| --- | --- |

—

having regard to its resolution of 13 September 2011 on the implementation of the directive on mediation in the Member States, its impact on mediation and its take-up by the courts (5),

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection (A7-0012/2012), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection (A7-0012/2012),

| A. | whereas in the European area of justice, citizens and companies must not only enjoy rights but must also be able to enforce those rights effectively and efficiently; |
| --- | --- |

A.

whereas in the European area of justice, citizens and companies must not only enjoy rights but must also be able to enforce those rights effectively and efficiently;

| B. | whereas recently adopted EU legislation is designed to enable parties in cross-border situations either to enforce their rights effectively (6) or to seek out-of-court settlement by way of mediation (7); |
| --- | --- |

B.

whereas recently adopted EU legislation is designed to enable parties in cross-border situations either to enforce their rights effectively (6) or to seek out-of-court settlement by way of mediation (7);

| C. | whereas the benefits of the alternative dispute resolution method are undisputed and fair access to justice should remain available to all EU citizens; |
| --- | --- |

C.

whereas the benefits of the alternative dispute resolution method are undisputed and fair access to justice should remain available to all EU citizens;

| D. | whereas, according to the Flash Eurobarometer on ’Consumer attitudes towards cross-border trade and consumer protection’ published in March 2011, 79 % of European consumers agree that they would be more willing to defend their rights in court if they could join other consumers complaining about the same issue; |
| --- | --- |

D.

whereas, according to the Flash Eurobarometer on ’Consumer attitudes towards cross-border trade and consumer protection’ published in March 2011, 79 % of European consumers agree that they would be more willing to defend their rights in court if they could join other consumers complaining about the same issue;

| E. | whereas consumers affected by a legal infringement who wish to pursue a court case in order to obtain redress on an individual basis often face significant barriers in terms of accessibility, effectiveness and affordability owing to sometimes high litigation costs, potential psychological costs, complex and lengthy procedures, and lack of information on the available means of redress; |
| --- | --- |

E.

whereas consumers affected by a legal infringement who wish to pursue a court case in order to obtain redress on an individual basis often face significant barriers in terms of accessibility, effectiveness and affordability owing to sometimes high litigation costs, potential psychological costs, complex and lengthy procedures, and lack of information on the available means of redress;

| F. | whereas, when a group of citizens are victims of the same infringement, individual lawsuits may not constitute an effective means of stopping unlawful practices or obtaining compensation, in particular if the individual loss is small in comparison with the litigation costs; |
| --- | --- |

F.

whereas, when a group of citizens are victims of the same infringement, individual lawsuits may not constitute an effective means of stopping unlawful practices or obtaining compensation, in particular if the individual loss is small in comparison with the litigation costs;

| G. | whereas in some Member States the overall performance of the existing consumer redress and enforcement tools designed at EU level is not deemed satisfactory, or such mechanisms are not sufficiently well known, which results in their limited use; |
| --- | --- |

G.

whereas in some Member States the overall performance of the existing consumer redress and enforcement tools designed at EU level is not deemed satisfactory, or such mechanisms are not sufficiently well known, which results in their limited use;

| H. | whereas the integration of European markets and the consequent increase in cross-border activities highlight the need for a coherent EU-wide approach to address cases where consumers are left empty-handed as the procedures for the collective claim of compensatory relief which have been introduced in a number of Member States do not provide for cross-border solutions; |
| --- | --- |

H.

whereas the integration of European markets and the consequent increase in cross-border activities highlight the need for a coherent EU-wide approach to address cases where consumers are left empty-handed as the procedures for the collective claim of compensatory relief which have been introduced in a number of Member States do not provide for cross-border solutions;

| I. | whereas national and European authorities play a pivotal role in the enforcement of EU law, and private enforcement should only supplement, but not replace, public enforcement; |
| --- | --- |

I.

whereas national and European authorities play a pivotal role in the enforcement of EU law, and private enforcement should only supplement, but not replace, public enforcement;

| J. | whereas public enforcement to stop infringements and impose fines does not of itself enable consumers to be compensated for damage suffered; |
| --- | --- |

J.

whereas public enforcement to stop infringements and impose fines does not of itself enable consumers to be compensated for damage suffered;

| K. | whereas bundling claims in a single collective redress procedure, or allowing such a claim to be brought by a representative entity or body acting in the public interest, could simplify the process and reduce costs for the parties involved; |
| --- | --- |

K.

whereas bundling claims in a single collective redress procedure, or allowing such a claim to be brought by a representative entity or body acting in the public interest, could simplify the process and reduce costs for the parties involved;

| L. | whereas a system based on collective legal actions can usefully supplement, but is no substitute for, individual legal protection; |
| --- | --- |

L.

whereas a system based on collective legal actions can usefully supplement, but is no substitute for, individual legal protection;

| M. | whereas the Commission must respect the principles of subsidiarity and proportionality with regard to any proposal that does not fall within the exclusive competence of the Union; |
| --- | --- |

M.

whereas the Commission must respect the principles of subsidiarity and proportionality with regard to any proposal that does not fall within the exclusive competence of the Union;

| 1. | Welcomes the abovementioned horizontal consultation and stresses that victims of unlawful practices – citizens and companies alike – must be able to claim compensation for their individual loss or damage suffered, in particular in the case of scattered and dispersed damages, where the cost risk might not be proportionate to the damages suffered; |
| --- | --- |

1.

Welcomes the abovementioned horizontal consultation and stresses that victims of unlawful practices – citizens and companies alike – must be able to claim compensation for their individual loss or damage suffered, in particular in the case of scattered and dispersed damages, where the cost risk might not be proportionate to the damages suffered;

| 2. | Notes the efforts made by the US Supreme Court to limit frivolous litigation and abuse of the US class action system (8), and stresses that Europe must refrain from introducing a US-style class action system or any system which does not respect European legal traditions; |
| --- | --- |

2.

Notes the efforts made by the US Supreme Court to limit frivolous litigation and abuse of the US class action system (8), and stresses that Europe must refrain from introducing a US-style class action system or any system which does not respect European legal traditions;

| 3. | Welcomes the efforts of Member States to strengthen the rights of victims of unlawful behaviour by introducing or planning to introduce legislation aimed at facilitating redress while avoiding an abusive litigation culture, but also recognises that national collective redress mechanisms are widely divergent, in particular in terms of scope and procedural characteristics, which may undermine the enjoyment of rights by citizens; |
| --- | --- |

3.

Welcomes the efforts of Member States to strengthen the rights of victims of unlawful behaviour by introducing or planning to introduce legislation aimed at facilitating redress while avoiding an abusive litigation culture, but also recognises that national collective redress mechanisms are widely divergent, in particular in terms of scope and procedural characteristics, which may undermine the enjoyment of rights by citizens;

| 4. | Welcomes the Commission's work towards a coherent European approach to collective redress and asks the Commission to demonstrate in its impact assessment that, pursuant to the principle of subsidiarity, action is needed at EU level in order to improve the current EU regulatory framework so as to allow victims of infringements of EU law to be compensated for the damage they sustain and thus contribute to consumer confidence and smoother functioning of the internal market; |
| --- | --- |

4.

Welcomes the Commission's work towards a coherent European approach to collective redress and asks the Commission to demonstrate in its impact assessment that, pursuant to the principle of subsidiarity, action is needed at EU level in order to improve the current EU regulatory framework so as to allow victims of infringements of EU law to be compensated for the damage they sustain and thus contribute to consumer confidence and smoother functioning of the internal market;

| 5. | Underlines the possible benefits of collective judicial actions in terms of lower costs and greater legal certainty for claimants, defendants and the judicial system alike by avoiding parallel litigation of similar claims; |
| --- | --- |

5.

Underlines the possible benefits of collective judicial actions in terms of lower costs and greater legal certainty for claimants, defendants and the judicial system alike by avoiding parallel litigation of similar claims;

| 6. | Believes, as regards the competition sector, that public enforcement is essential to implement the provisions of the Treaties, to fully achieve the goals of the EU and to ensure the enforcement of EU competition law by the Commission and national competition authorities; |
| --- | --- |

6.

Believes, as regards the competition sector, that public enforcement is essential to implement the provisions of the Treaties, to fully achieve the goals of the EU and to ensure the enforcement of EU competition law by the Commission and national competition authorities;

| 7. | Recalls that, currently, only Member States legislate on national rules for quantifying the amount of compensation that can be awarded; notes, furthermore, that the enforcement of national law must not prevent the uniform application of European law; |
| --- | --- |

7.

Recalls that, currently, only Member States legislate on national rules for quantifying the amount of compensation that can be awarded; notes, furthermore, that the enforcement of national law must not prevent the uniform application of European law;

| 8. | Calls on the Commission to examine thoroughly the appropriate (legal basis for any measures in the field of collective redress; |
| --- | --- |

8.

Calls on the Commission to examine thoroughly the appropriate (legal basis for any measures in the field of collective redress;

| 9. | Notes that the information available to date, in particular a study carried out for DG SANCO in 2008 entitled ‘Evaluation of the effectiveness and efficiency of collective redress mechanisms in the EU’, indicates that collective redress mechanisms available within the EU have not generated disproportionate economic consequences; |
| --- | --- |

9.

Notes that the information available to date, in particular a study carried out for DG SANCO in 2008 entitled ‘Evaluation of the effectiveness and efficiency of collective redress mechanisms in the EU’, indicates that collective redress mechanisms available within the EU have not generated disproportionate economic consequences;

Existing EU legislation and injunctive relief

| 10. | Notes that some enforcement mechanisms for individual cases, such as Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters and Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims, already exist at EU level and believes that, in particular, Regulation (EC) No 861/2007 establishing a European Small Claims Procedure provides access to justice by simplifying cross-border litigation and reducing costs in cases involving claims for a sum of less than EUR 2 000, but notes that this legislation is not designed to provide effective access to justice in cases where a large number of victims suffer similar damage; |
| --- | --- |

10.

Notes that some enforcement mechanisms for individual cases, such as Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters and Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims, already exist at EU level and believes that, in particular, Regulation (EC) No 861/2007 establishing a European Small Claims Procedure provides access to justice by simplifying cross-border litigation and reducing costs in cases involving claims for a sum of less than EUR 2 000, but notes that this legislation is not designed to provide effective access to justice in cases where a large number of victims suffer similar damage;

| 11. | Takes the view that injunctive relief also plays an important role in safeguarding rights which citizens and companies enjoy under EU law and believes that the mechanisms introduced under Regulation (EC) No 2006/2004 on consumer protection cooperation (9), as well as Directive 2009/22/EC on injunctions for the protection of consumer interests can be significantly improved so as to foster cooperation and injunctive relief in cross-border situations; |
| --- | --- |

11.

Takes the view that injunctive relief also plays an important role in safeguarding rights which citizens and companies enjoy under EU law and believes that the mechanisms introduced under Regulation (EC) No 2006/2004 on consumer protection cooperation (9), as well as Directive 2009/22/EC on injunctions for the protection of consumer interests can be significantly improved so as to foster cooperation and injunctive relief in cross-border situations;

| 12. | Takes the view that the need to improve injunctive relief remedies is particularly great in the environmental sector; calls on the Commission to explore ways of extending relief to that sector; |
| --- | --- |

12.

Takes the view that the need to improve injunctive relief remedies is particularly great in the environmental sector; calls on the Commission to explore ways of extending relief to that sector;

| 13. | Considers that injunctive relief should focus on the protection of both the individual interest and the public interest, and calls for caution to be exercised when widening access to justice for organisations, since organisations should not enjoy easier access to justice than individuals; |
| --- | --- |

13.

Considers that injunctive relief should focus on the protection of both the individual interest and the public interest, and calls for caution to be exercised when widening access to justice for organisations, since organisations should not enjoy easier access to justice than individuals;

| 14. | Calls therefore on the Commission to strengthen and increase the effectiveness of existing instruments such as Directive 98/27/EC on injunctions for the protection of consumers’ interests and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws, in order to ensure appropriate public enforcement of consumers’ rights in the EU; emphasises, nonetheless, the fact that neither Directive 98/27/EC nor Regulation (EC) No 2006/2004 allows consumers to be compensated for the damage suffered; |
| --- | --- |

14.

Calls therefore on the Commission to strengthen and increase the effectiveness of existing instruments such as Directive 98/27/EC on injunctions for the protection of consumers’ interests and Regulation (EC) No 2006/2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws, in order to ensure appropriate public enforcement of consumers’ rights in the EU; emphasises, nonetheless, the fact that neither Directive 98/27/EC nor Regulation (EC) No 2006/2004 allows consumers to be compensated for the damage suffered;

Legally binding horizontal framework and safeguards

| 15. | Takes the view that access to justice by means of collective redress comes within the sphere of procedural law and is concerned that uncoordinated EU initiatives in the field of collective redress will result in a fragmentation of national procedural and damages laws, which will weaken and not strengthen access to justice within the EU; calls, in the event that it is decided after detailed consideration that a Union scheme of collective redress is needed and desirable, for any proposal in the field of collective redress to take the form of a horizontal framework including a common set of principles providing uniform access to justice via collective redress within the EU and specifically but not exclusively dealing with the infringement of consumers' rights; |
| --- | --- |

15.

Takes the view that access to justice by means of collective redress comes within the sphere of procedural law and is concerned that uncoordinated EU initiatives in the field of collective redress will result in a fragmentation of national procedural and damages laws, which will weaken and not strengthen access to justice within the EU; calls, in the event that it is decided after detailed consideration that a Union scheme of collective redress is needed and desirable, for any proposal in the field of collective redress to take the form of a horizontal framework including a common set of principles providing uniform access to justice via collective redress within the EU and specifically but not exclusively dealing with the infringement of consumers' rights;

| 16. | Stresses the need to take due account of the legal traditions and legal orders of the individual Member States and enhance the coordination of good practices between Member States, and believes that the work on an EU scheme fostering effective relief for both consumers and SMEs should not cause delays in the adoption of the horizontal framework; |
| --- | --- |

16.

Stresses the need to take due account of the legal traditions and legal orders of the individual Member States and enhance the coordination of good practices between Member States, and believes that the work on an EU scheme fostering effective relief for both consumers and SMEs should not cause delays in the adoption of the horizontal framework;

| 17. | Stresses that any legally binding horizontal framework must cover the core aspects of obtaining damages collectively; further stresses that, in particular, procedural and international private law issues must apply to collective actions in general irrespective of the sector concerned, while a limited number of rules relevant to consumer protection or competition law, dealing with matters such as the potential binding effect of decisions adopted by national competition authorities, could be laid down, for instance, in separate articles or chapters of the horizontal instrument itself or in separate legal instruments in parallel or subsequent to the adoption of the horizontal instrument; |
| --- | --- |

17.

Stresses that any legally binding horizontal framework must cover the core aspects of obtaining damages collectively; further stresses that, in particular, procedural and international private law issues must apply to collective actions in general irrespective of the sector concerned, while a limited number of rules relevant to consumer protection or competition law, dealing with matters such as the potential binding effect of decisions adopted by national competition authorities, could be laid down, for instance, in separate articles or chapters of the horizontal instrument itself or in separate legal instruments in parallel or subsequent to the adoption of the horizontal instrument;

| 18. | Believes that the individual damage or loss suffered plays a pivotal role when deciding to file an action as these are inevitably compared with the potential costs of proceeding with an action; reminds the Commission, therefore, of the need for a horizontal framework on collective redress to be an efficient and cost-effective tool for all parties and takes the view that national procedural rules in Member States could use Regulation (EC) No 861/2007 establishing a European Small Claims Procedure as a reference for the purposes of collective redress in cases where the value of the claim does not exceed that regulation’s scope; |
| --- | --- |

18.

Believes that the individual damage or loss suffered plays a pivotal role when deciding to file an action as these are inevitably compared with the potential costs of proceeding with an action; reminds the Commission, therefore, of the need for a horizontal framework on collective redress to be an efficient and cost-effective tool for all parties and takes the view that national procedural rules in Member States could use Regulation (EC) No 861/2007 establishing a European Small Claims Procedure as a reference for the purposes of collective redress in cases where the value of the claim does not exceed that regulation’s scope;

| 19. | Considers that collective action under a horizontal framework would deliver the most benefit in cases where the defendant and victims represented are not domiciled in the same Member State (cross-border dimension) and where the rights alleged to have been infringed are granted by EU legislation (infringement of EU law); calls for further examination of how to improve redress in cases of infringements of national law which may have large, cross-border implications; |
| --- | --- |

19.

Considers that collective action under a horizontal framework would deliver the most benefit in cases where the defendant and victims represented are not domiciled in the same Member State (cross-border dimension) and where the rights alleged to have been infringed are granted by EU legislation (infringement of EU law); calls for further examination of how to improve redress in cases of infringements of national law which may have large, cross-border implications;

| 20. | Reiterates that safeguards must be put in place within the horizontal instrument in order to avoid unmeritorious claims and misuse of collective redress, so as to guarantee fair court proceedings, and stresses that such safeguards must cover, inter alia, the following points: |
| --- | --- |

20.

Reiterates that safeguards must be put in place within the horizontal instrument in order to avoid unmeritorious claims and misuse of collective redress, so as to guarantee fair court proceedings, and stresses that such safeguards must cover, inter alia, the following points:

Standing

| — | for a representative action to be admissible there must be a clearly identified group, and identification of the group members must have taken place before the claim is brought; |
| --- | --- |

—

for a representative action to be admissible there must be a clearly identified group, and identification of the group members must have taken place before the claim is brought;

| — | the European approach to collective redress must be founded on the opt-in principle, whereby victims are clearly identified and take part in the procedure only if they have expressly indicated their wish to do so, in order to avoid potential abuses; underlines the need to respect existing national systems, in accordance with the principle of subsidiarity; calls on the Commission to consider a system which will provide relevant information to all potential victims involved, increase the representativeness of collective actions, allow for the largest number of victims to seek compensation and ensure simple, affordable and effective access to justice for EU citizens, thereby avoiding excessive litigation and subsequent unnecessary individual or collective actions concerning the same infringement; calls on the Member States to put in place efficient mechanisms ensuring that as many victims as possible are informed and made aware of their rights and obligations, in particular when they are domiciled in several Member States, whilst avoiding unduly harming the reputation of the party concerned, in order to respect the principle of the presumption of innocence; |
| --- | --- |

—

the European approach to collective redress must be founded on the opt-in principle, whereby victims are clearly identified and take part in the procedure only if they have expressly indicated their wish to do so, in order to avoid potential abuses; underlines the need to respect existing national systems, in accordance with the principle of subsidiarity; calls on the Commission to consider a system which will provide relevant information to all potential victims involved, increase the representativeness of collective actions, allow for the largest number of victims to seek compensation and ensure simple, affordable and effective access to justice for EU citizens, thereby avoiding excessive litigation and subsequent unnecessary individual or collective actions concerning the same infringement; calls on the Member States to put in place efficient mechanisms ensuring that as many victims as possible are informed and made aware of their rights and obligations, in particular when they are domiciled in several Member States, whilst avoiding unduly harming the reputation of the party concerned, in order to respect the principle of the presumption of innocence;

| — | a collective redress system where the victims are not identified before the judgment is delivered must be rejected on the grounds that it is contrary to many Member States’ legal orders and violates the rights of any victims who might participate in the procedure unknowingly and yet be bound by the court’s decision; |
| --- | --- |

—

a collective redress system where the victims are not identified before the judgment is delivered must be rejected on the grounds that it is contrary to many Member States’ legal orders and violates the rights of any victims who might participate in the procedure unknowingly and yet be bound by the court’s decision;

| — | Member States should ensure that a judge or similar body continues to have discretionary powers taking the form of a preliminary admissibility check of any potential collective action in order to confirm that the qualifying criteria have been met and that the action is fit to proceed; |
| --- | --- |

—

Member States should ensure that a judge or similar body continues to have discretionary powers taking the form of a preliminary admissibility check of any potential collective action in order to confirm that the qualifying criteria have been met and that the action is fit to proceed;

| — | Member States should designate organisations qualified to bring representative actions, and European criteria would be useful in order to clearly define these qualified entities; these criteria could be based on Article 3 of Directive 2009/22/EC on injunctions for the protection of consumer interests, but need to be further specified in order to ensure both that abusive litigation is avoided and that access to justice is granted; such criteria should cover, inter alia, the financial and human resources of qualifying organisations; |
| --- | --- |

—

Member States should designate organisations qualified to bring representative actions, and European criteria would be useful in order to clearly define these qualified entities; these criteria could be based on Article 3 of Directive 2009/22/EC on injunctions for the protection of consumer interests, but need to be further specified in order to ensure both that abusive litigation is avoided and that access to justice is granted; such criteria should cover, inter alia, the financial and human resources of qualifying organisations;

| — | victims must in any case be free to seek the alternative of individual compensatory redress before a competent court; |
| --- | --- |

—

victims must in any case be free to seek the alternative of individual compensatory redress before a competent court;

Full compensation for actual damage

| — | the horizontal framework should cover compensation only for the actual damage caused, and punitive damages must be prohibited; by virtue of the concept of compensation the damages awarded must be distributed to individual victims in proportion to the harm they sustained individually; by and large, contingency fees are unknown in Europe and should not form part of the mandatory horizontal framework; |
| --- | --- |

—

the horizontal framework should cover compensation only for the actual damage caused, and punitive damages must be prohibited; by virtue of the concept of compensation the damages awarded must be distributed to individual victims in proportion to the harm they sustained individually; by and large, contingency fees are unknown in Europe and should not form part of the mandatory horizontal framework;

Access to evidence

| — | collective claimants must not be in a better position than individual claimants with regard to access to evidence from the defendant, and each claimant must provide evidence for his claim; an obligation to disclose documents to the claimants (‘discovery’) is mostly unknown in Europe and must not form part of the horizontal framework; |
| --- | --- |

—

collective claimants must not be in a better position than individual claimants with regard to access to evidence from the defendant, and each claimant must provide evidence for his claim; an obligation to disclose documents to the claimants (‘discovery’) is mostly unknown in Europe and must not form part of the horizontal framework;

Loser pays principle

| — | there can be no action without financial risk, and Member States are to determine their own rules on the allocation of costs, under which the unsuccessful party must bear the costs of the other party in order to avoid the proliferation of unmeritorious claims in an EU-wide collective redress mechanism; |
| --- | --- |

—

there can be no action without financial risk, and Member States are to determine their own rules on the allocation of costs, under which the unsuccessful party must bear the costs of the other party in order to avoid the proliferation of unmeritorious claims in an EU-wide collective redress mechanism;

No third-party funding

| — | the Commission must not set out any conditions or guidelines on the funding of damages claims, as recourse to third-party funding is unknown in most Member States’ legal systems, for instance, by offering a share of the damages awarded; this does not preclude Member States setting out conditions or guidelines on the funding of damages claims; |
| --- | --- |

—

the Commission must not set out any conditions or guidelines on the funding of damages claims, as recourse to third-party funding is unknown in most Member States’ legal systems, for instance, by offering a share of the damages awarded; this does not preclude Member States setting out conditions or guidelines on the funding of damages claims;

| 21. | Suggests that, should the Commission submit a proposal for a horizontal framework governing collective redress, a principle of follow-on action should be adopted where appropriate, whereby private enforcement under collective redress may be implemented if there has been a prior infringement decision by the Commission or a national competition authority; notes that establishing the principle of follow-on action does not generally preclude the possibility of providing for both stand-alone and follow-on actions; |
| --- | --- |

21.

Suggests that, should the Commission submit a proposal for a horizontal framework governing collective redress, a principle of follow-on action should be adopted where appropriate, whereby private enforcement under collective redress may be implemented if there has been a prior infringement decision by the Commission or a national competition authority; notes that establishing the principle of follow-on action does not generally preclude the possibility of providing for both stand-alone and follow-on actions;

| 22. | Calls on the Commission to explore ways of raising consumer awareness of the availability of collective redress mechanisms and facilitating cooperation between the entities qualified to bring collective actions; stresses the key role that consumer organisations and the European Consumer Centres Network (ECC-Net) can play in passing on the information to as many victims of infringements of EU law as possible; |
| --- | --- |

22.

Calls on the Commission to explore ways of raising consumer awareness of the availability of collective redress mechanisms and facilitating cooperation between the entities qualified to bring collective actions; stresses the key role that consumer organisations and the European Consumer Centres Network (ECC-Net) can play in passing on the information to as many victims of infringements of EU law as possible;

| 23. | Stresses that many of the infringements of Union law identified by the Commission in the field of EU consumer protection measures call for the strengthening of injunctive relief (10), while acknowledging that injunctive relief is not sufficient when victims have suffered damage and have the right to compensation; asks the Commission to identify the EU legislation in respect of which it is difficult to obtain compensatory redress; |
| --- | --- |

23.

Stresses that many of the infringements of Union law identified by the Commission in the field of EU consumer protection measures call for the strengthening of injunctive relief (10), while acknowledging that injunctive relief is not sufficient when victims have suffered damage and have the right to compensation; asks the Commission to identify the EU legislation in respect of which it is difficult to obtain compensatory redress;

| 24. | Considers that this should be done in order to pinpoint the areas where the horizontal framework could provide for collective compensatory redress for breach of such legislation, as well as for breach of EU antitrust law; calls for the relevant EU legislation to be listed in an annex to the horizontal instrument; |
| --- | --- |

24.

Considers that this should be done in order to pinpoint the areas where the horizontal framework could provide for collective compensatory redress for breach of such legislation, as well as for breach of EU antitrust law; calls for the relevant EU legislation to be listed in an annex to the horizontal instrument;

Alternative dispute resolution (ADR)

| 25. | Notes that ADR mechanisms often depend on the trader's willingness to cooperate, and believes that the availability of an effective judicial redress system would act as a strong incentive for parties to agree an out-of-court settlement, which is likely to avoid a considerable amount of litigation; encourages the setting-up of ADR schemes at European level so as to allow fast and cheap settlement of disputes as a more attractive option than court proceedings, and suggests that judges performing the preliminary admissibility check for a collective action should also have the power to order the parties involved to first seek a collective consensual resolution of the claim before launching collective court proceedings; believes that the criteria developed by the Court (11) should be the starting point for the establishment of this power; stresses, however, that these mechanisms should remain, as the name indicates, merely an alternative to judicial redress, not a precondition therefor; |
| --- | --- |

25.

Notes that ADR mechanisms often depend on the trader's willingness to cooperate, and believes that the availability of an effective judicial redress system would act as a strong incentive for parties to agree an out-of-court settlement, which is likely to avoid a considerable amount of litigation; encourages the setting-up of ADR schemes at European level so as to allow fast and cheap settlement of disputes as a more attractive option than court proceedings, and suggests that judges performing the preliminary admissibility check for a collective action should also have the power to order the parties involved to first seek a collective consensual resolution of the claim before launching collective court proceedings; believes that the criteria developed by the Court (11) should be the starting point for the establishment of this power; stresses, however, that these mechanisms should remain, as the name indicates, merely an alternative to judicial redress, not a precondition therefor;

Jurisdiction and applicable law

| 26. | Stresses that a horizontal framework should itself lay down rules to prevent a rush to the courts (‘forum shopping’) whilst not jeopardising access to justice, and that Brussels I should be taken as a starting point for determining which courts have jurisdiction; |
| --- | --- |

26.

Stresses that a horizontal framework should itself lay down rules to prevent a rush to the courts (‘forum shopping’) whilst not jeopardising access to justice, and that Brussels I should be taken as a starting point for determining which courts have jurisdiction;

| 27. | Calls for further examination of how the conflict-of-law rules might be amended; believes that one solution could be to apply the law of the place where the majority of the victims are domiciled, bearing in mind that individual victims should remain free not to pursue the opt-in collective action but instead to seek redress individually in accordance with the general rules of private international law laid down in the Brussels I, Rome I and Rome II regulations; |
| --- | --- |

27.

Calls for further examination of how the conflict-of-law rules might be amended; believes that one solution could be to apply the law of the place where the majority of the victims are domiciled, bearing in mind that individual victims should remain free not to pursue the opt-in collective action but instead to seek redress individually in accordance with the general rules of private international law laid down in the Brussels I, Rome I and Rome II regulations;

| 28. | Emphasises that following the judgment of the Court in Case C-360/09, Pfleiderer, the Commission must ensure that collective redress does not compromise the effectiveness of the competition law leniency system and the settlement procedure; |
| --- | --- |

28.

Emphasises that following the judgment of the Court in Case C-360/09, Pfleiderer, the Commission must ensure that collective redress does not compromise the effectiveness of the competition law leniency system and the settlement procedure;

Ordinary legislative procedure

| 29. | Insists that the European Parliament must be involved, within the framework of the ordinary legislative procedure, in any legislative initiative in the field of collective redress and that any proposal must be based on a detailed impact assessment; |
| --- | --- |

29.

Insists that the European Parliament must be involved, within the framework of the ordinary legislative procedure, in any legislative initiative in the field of collective redress and that any proposal must be based on a detailed impact assessment;

*

* *

| 30. | Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, and the social partners at EU level. |
| --- | --- |

30.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, and the social partners at EU level.

---

(1)  OJ L 110, 1.5.2009, p. 30.

(2)  OJ C 117 E, 6.5.2010, p. 161.

(3)  Texts adopted, P7_TA(2011)0023.

(4)  Texts adopted, P7_TA(2011)0449.

(5)  Texts adopted, P7_TA(2011)0361.

(6)  Regulation (EC) No 861/2007 establishing a European Small Claims Procedure (OJ L 199, 31.7.2007, p. 1); Regulation (EC) No1896/2006 creating a European order for payment procedure (OJ L 399, 30.12.2006, p. 1); Regulation (EC) No 805/2004 creating a European Enforcement Order for uncontested claims (OJ L 143, 30.4.2004, p. 15).

(7)  Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters (OJ L 136, 24.5.2008, p. 3).

(8)  Wal-Mart Stores Inc. v. Dukes et al. 564 U. S. xxx (2011).

(9)  OJ L 364, 9.12.2004, p. 1.

(10)  Study regarding the problems faced by consumers in obtaining redress for infringements of consumer protection legislation, and the economic consequences of such problems, 26 August 2008, Part I: Main Report, p. 21 et seq.

(11)  Judgment of 18 March 2010 in Joined Cases C-317/08, C-318/08, C-319/08 and C-320/08, Alassini, not yet reported in the ECR.

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| 20.8.2013 | EN | Official Journal of the European Union | CE 239/39 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

CE 239/39

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Thursday 2 February 2012Nutrition claims

P7_TA(2012)0022

European Parliament resolution of 2 February 2012 on the draft Commission regulation amending Regulation (EC) No 1924/2006 with regard to the list of nutrition claims

2013/C 239 E/06

The European Parliament,

| — | having regard to 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 (1), |
| --- | --- |

—

having regard to 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 (1),

| — | having regard to the draft Commission regulation amending Regulation (EC) No 1924/2006 with regard to the list of nutrition claims, |
| --- | --- |

—

having regard to the draft Commission regulation amending Regulation (EC) No 1924/2006 with regard to the list of nutrition claims,

| — | having regard to the opinion delivered on 13 October 2011 by the committee referred to in Article 25 of Regulation (EC) No 1924/2006, |
| --- | --- |

—

having regard to the opinion delivered on 13 October 2011 by the committee referred to in Article 25 of Regulation (EC) No 1924/2006,

| — | having regard to the Commission guidelines on the implementation of Regulation (EC) No 1924/2006 approved by the Standing Committee on the Food Chain and Animal Health on 14 December 2007 (2), |
| --- | --- |

—

having regard to the Commission guidelines on the implementation of Regulation (EC) No 1924/2006 approved by the Standing Committee on the Food Chain and Animal Health on 14 December 2007 (2),

| — | having regard to 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 (3), |
| --- | --- |

—

having regard to 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 (3),

| — | having regard to Article 5a(3)(b) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4), |
| --- | --- |

—

having regard to Article 5a(3)(b) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4),

| — | having regard to Rule 88(2) and (4)(b) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 88(2) and (4)(b) of its Rules of Procedure,

| A. | whereas, as stated in Article 3 of Regulation (EC) No 1924/2006, the use of nutrition and health claims must not be false, ambiguous or misleading; |
| --- | --- |

A.

whereas, as stated in Article 3 of Regulation (EC) No 1924/2006, the use of nutrition and health claims must not be false, ambiguous or misleading;

| B. | whereas, as stated in Article 5(2) of Regulation (EC) No 1924/2006, the use of nutrition and health claims can only be permitted if the average consumer can be expected to understand the beneficial effects as expressed in the claim; |
| --- | --- |

B.

whereas, as stated in Article 5(2) of Regulation (EC) No 1924/2006, the use of nutrition and health claims can only be permitted if the average consumer can be expected to understand the beneficial effects as expressed in the claim;

| C. | whereas, as stated in Article 9(2) of Regulation (EC) No 1924/2006, comparative nutrition claims must compare the composition of the food in question with a range of foods of the same category, including foods of other brands; |
| --- | --- |

C.

whereas, as stated in Article 9(2) of Regulation (EC) No 1924/2006, comparative nutrition claims must compare the composition of the food in question with a range of foods of the same category, including foods of other brands;

| D. | whereas, as stated in Article 7 of Regulation (EU) No 1169/2011, food information must not mislead the consumer as to the nature, properties and characteristics of a foodstuff; |
| --- | --- |

D.

whereas, as stated in Article 7 of Regulation (EU) No 1169/2011, food information must not mislead the consumer as to the nature, properties and characteristics of a foodstuff;

| E. | whereas in the light of the underlying principles governing the selection of permitted nutrition claims on foodstuffs, as outlined above, the new nutrition claim proposed by the Commission ‘now contains X % less of [nutrient]’, to be included in the annex to Regulation (EC) No 1924/2006, runs counter to the purpose and content of the basic instrument by being ambiguous, misleading and confusing to the average consumer; |
| --- | --- |

E.

whereas in the light of the underlying principles governing the selection of permitted nutrition claims on foodstuffs, as outlined above, the new nutrition claim proposed by the Commission ‘now contains X % less of [nutrient]’, to be included in the annex to Regulation (EC) No 1924/2006, runs counter to the purpose and content of the basic instrument by being ambiguous, misleading and confusing to the average consumer;

| F. | whereas the newly introduced claim ‘now contains X % less of [nutrient]’ violates the principle of comparative claims, as laid down in Article 9(2) of Regulation (EC) No 1924/2006; whereas it allows for the nutritional values of a product to be compared with a previous version of that product, regardless of the starting level of the nutrient in question, which could be excessively high by comparison with other products on the market; whereas products which have not been reformulated, but are nevertheless lower in a certain nutrient than the reformulated product of a different brand, will not be allowed to bear a nutrition claim, and this will inevitably mislead consumers; |
| --- | --- |

F.

whereas the newly introduced claim ‘now contains X % less of [nutrient]’ violates the principle of comparative claims, as laid down in Article 9(2) of Regulation (EC) No 1924/2006; whereas it allows for the nutritional values of a product to be compared with a previous version of that product, regardless of the starting level of the nutrient in question, which could be excessively high by comparison with other products on the market; whereas products which have not been reformulated, but are nevertheless lower in a certain nutrient than the reformulated product of a different brand, will not be allowed to bear a nutrition claim, and this will inevitably mislead consumers;

| G. | whereas the ‘now contains X % less of [nutrient]’ claim might give rise to unfair competition vis-à-vis existing claims, such as ‘reduced [nutrient]’ and ‘light/lite’; whereas in the latter case a reduction of at least 10 % (for micronutrients), 25 % (for sodium) or 30 % (for sugars/fats) by comparison with other similar products is required; whereas a consumer might assume that the quantified statement in the ‘now contains X % less’ claim signifies a greater reduction than that implied by the ‘reduced [nutrient]’ or ‘light’ claims, despite the requirements being much stricter for the latter than for the ‘now contains X % less of [nutrient]’ claim, for which a minimum reduction of just 15 % is specified; |
| --- | --- |

G.

whereas the ‘now contains X % less of [nutrient]’ claim might give rise to unfair competition vis-à-vis existing claims, such as ‘reduced [nutrient]’ and ‘light/lite’; whereas in the latter case a reduction of at least 10 % (for micronutrients), 25 % (for sodium) or 30 % (for sugars/fats) by comparison with other similar products is required; whereas a consumer might assume that the quantified statement in the ‘now contains X % less’ claim signifies a greater reduction than that implied by the ‘reduced [nutrient]’ or ‘light’ claims, despite the requirements being much stricter for the latter than for the ‘now contains X % less of [nutrient]’ claim, for which a minimum reduction of just 15 % is specified;

| H. | whereas the ‘now contains X % less of [nutrient]’ claim could act as a disincentive to producers to reformulate their products more substantially in order to meet the requirements for the ‘reduced [nutrient]’ or ‘light’ claims, as it is easier to reduce a nutrient by 15 % than by 30 %; |
| --- | --- |

H.

whereas the ‘now contains X % less of [nutrient]’ claim could act as a disincentive to producers to reformulate their products more substantially in order to meet the requirements for the ‘reduced [nutrient]’ or ‘light’ claims, as it is easier to reduce a nutrient by 15 % than by 30 %;

| I. | whereas in Recital 4 of the draft measure the Commission clearly acknowledges that ‘when sugars are reduced, consumers expect reduction in energy’; whereas, with regard to the suggested amendment to the ‘reduced fats/sugars’ claim as laid down in point 2 of the annex to the draft measure, the Commission also allows for such claims to be made even when the energy in the product bearing the claim is still ‘equal to’ the energy contained in a similar product; |
| --- | --- |

I.

whereas in Recital 4 of the draft measure the Commission clearly acknowledges that ‘when sugars are reduced, consumers expect reduction in energy’; whereas, with regard to the suggested amendment to the ‘reduced fats/sugars’ claim as laid down in point 2 of the annex to the draft measure, the Commission also allows for such claims to be made even when the energy in the product bearing the claim is still ‘equal to’ the energy contained in a similar product;

| 1. | Opposes adoption of the draft Commission regulation amending Regulation (EC) No1924/2006 with regard to the list of nutrition claims; |
| --- | --- |

1.

Opposes adoption of the draft Commission regulation amending Regulation (EC) No1924/2006 with regard to the list of nutrition claims;

| 2. | Considers that the draft Commission regulation is not compatible with the purpose and content of the basic instrument; |
| --- | --- |

2.

Considers that the draft Commission regulation is not compatible with the purpose and content of the basic instrument;

| 3. | Calls on the Commission to submit an amended draft of the measure to the committee; |
| --- | --- |

3.

Calls on the Commission to submit an amended draft of the measure to the committee;

| 4. | Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States. |
| --- | --- |

4.

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

---

(1)  OJ L 404, 30.12.2006, p. 9.

(2)  http://ec.europa.eu/food/food/labellingnutrition/claims/guidance_claim_14-12-07.pdf

(3)  OJ L 304, 22.11.2011, p. 18.

(4)  OJ L 184, 17.7.1999, p. 23.

---

| 20.8.2013 | EN | Official Journal of the European Union | CE 239/41 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

CE 239/41

---

Thursday 2 February 2012Conclusions of the informal European Council meeting of 30 January 2012

P7_TA(2012)0023

European Parliament resolution of 2 February 2012 on the European Council of 30 January 2012

2013/C 239 E/07

The European Parliament,

| — | having regard to the conclusions of the European Council of 30 January 2012, |
| --- | --- |

—

having regard to the conclusions of the European Council of 30 January 2012,

| — | having regard to the conclusions of the European Council of 9 and 10 December 2011, |
| --- | --- |

—

having regard to the conclusions of the European Council of 9 and 10 December 2011,

| — | having regard to the statement of the Euro Area Heads of State and Government of 9 December 2011, |
| --- | --- |

—

having regard to the statement of the Euro Area Heads of State and Government of 9 December 2011,

| — | having regard to the position of the UK government, |
| --- | --- |

—

having regard to the position of the UK government,

| — | having regard to the ‘Six-Pack’ and the two Commission proposals on further strengthening fiscal discipline (1), |
| --- | --- |

—

having regard to the ‘Six-Pack’ and the two Commission proposals on further strengthening fiscal discipline (1),

| — | having regard to the declaration made by the President of the Commission at its session on 18 January 2012, |
| --- | --- |

—

having regard to the declaration made by the President of the Commission at its session on 18 January 2012,

| — | having regard to the outcome of the negotiations held in the ad hoc Euro Working Group and the Euro Group, |
| --- | --- |

—

having regard to the outcome of the negotiations held in the ad hoc Euro Working Group and the Euro Group,

| — | having regard to the need to preserve unity between euro area and non euro area contracting parties, |
| --- | --- |

—

having regard to the need to preserve unity between euro area and non euro area contracting parties,

| — | having regard to the submission made on behalf of Parliament by its representatives in the ad hoc working group, |
| --- | --- |

—

having regard to the submission made on behalf of Parliament by its representatives in the ad hoc working group,

| — | having regard to its resolution of 18 January 2012 on the conclusions of the European Council meeting (8-9 December 2011) on a draft international agreement on a Fiscal Stability Union (2), |
| --- | --- |

—

having regard to its resolution of 18 January 2012 on the conclusions of the European Council meeting (8-9 December 2011) on a draft international agreement on a Fiscal Stability Union (2),

| — | having regard to Rule 110(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) of its Rules of Procedure,

| 1. | Reaffirms its resolution of 18 January 2012, while noting the final text of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union and reiterating its opinion that it would have been better to reach agreement under EU law; regrets that an agreement was not possible by all Member States due to the UK Prime Minister’s objection; |
| --- | --- |

1.

Reaffirms its resolution of 18 January 2012, while noting the final text of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union and reiterating its opinion that it would have been better to reach agreement under EU law; regrets that an agreement was not possible by all Member States due to the UK Prime Minister’s objection;

| 2. | Notes, however, that virtually all the elements contained in the new Treaty can be achieved, and to a large extent have already been achieved, within the existing EU legal framework and through secondary legislation, except for the golden rule, reversed QMV and the involvement of the ECJ; |
| --- | --- |

2.

Notes, however, that virtually all the elements contained in the new Treaty can be achieved, and to a large extent have already been achieved, within the existing EU legal framework and through secondary legislation, except for the golden rule, reversed QMV and the involvement of the ECJ;

| 3. | Believes that the final text improves in several points on the original text and that a number of the modifications proposed by Parliament have been incorporated, in particular:






  — | an undertaking that the Community method will fully apply; |
| --- | --- | --- |

3.

Believes that the final text improves in several points on the original text and that a number of the modifications proposed by Parliament have been incorporated, in particular:

—

an undertaking that the Community method will fully apply;

| — | that stability, coordination and governance will be implemented via secondary legislation, fully involving Parliament; |
| --- | --- |

—

that stability, coordination and governance will be implemented via secondary legislation, fully involving Parliament;

| — | greater, although incomplete, coherence between the ‘six pack’ and the new Treaty; |
| --- | --- |

—

greater, although incomplete, coherence between the ‘six pack’ and the new Treaty;

| — | recognition of the rights of contracting parties whose currency is not the euro to take part in those parts of the euro summit meetings dealing with competitiveness, the global architecture of the euro area and the fundamental rules that will apply to it in future; |
| --- | --- |

—

recognition of the rights of contracting parties whose currency is not the euro to take part in those parts of the euro summit meetings dealing with competitiveness, the global architecture of the euro area and the fundamental rules that will apply to it in future;

| — | cooperation between the European Parliament and the national parliaments is foreseen on a mutually agreed basis and in accordance with the Treaty; |
| --- | --- |

—

cooperation between the European Parliament and the national parliaments is foreseen on a mutually agreed basis and in accordance with the Treaty;

| — | the addition of a reference to the objectives of sustainable growth, employment, competitiveness and social cohesion; |
| --- | --- |

—

the addition of a reference to the objectives of sustainable growth, employment, competitiveness and social cohesion;

| — | a commitment to incorporate the content of the Agreement into the EU legal framework within five years; |
| --- | --- |

—

a commitment to incorporate the content of the Agreement into the EU legal framework within five years;

| 4. | Recognises that fiscal stability is an important component in the resolution of the current crisis; insists, however, that economic recovery requires measures to strengthen solidarity and boost sustainable growth and employment; welcomes the fact that the European Council now recognises this, but insists on the need for concrete and far reaching measures; |
| --- | --- |

4.

Recognises that fiscal stability is an important component in the resolution of the current crisis; insists, however, that economic recovery requires measures to strengthen solidarity and boost sustainable growth and employment; welcomes the fact that the European Council now recognises this, but insists on the need for concrete and far reaching measures;

| 5. | Reiterates its call for the rapid establishment of a redemption fund based on the proposal made by the German Economic Council of Experts; calls for the integration of such legislation as necessary to provide for a redemption fund, preferably within the current ‘two pack’ legislative process; regrets that this has not yet been initiated; calls on the Commission to submit strong measures to promote growth and employment; |
| --- | --- |

5.

Reiterates its call for the rapid establishment of a redemption fund based on the proposal made by the German Economic Council of Experts; calls for the integration of such legislation as necessary to provide for a redemption fund, preferably within the current ‘two pack’ legislative process; regrets that this has not yet been initiated; calls on the Commission to submit strong measures to promote growth and employment;

| 6. | Further to the series of measures to ensure fiscal stability, calls now for the establishment of project bonds, a roadmap for stability bonds and the introduction of an FTT at European level, for which the Commission has already made a proposal; |
| --- | --- |

6.

Further to the series of measures to ensure fiscal stability, calls now for the establishment of project bonds, a roadmap for stability bonds and the introduction of an FTT at European level, for which the Commission has already made a proposal;

| 7. | Points out, moreover, that some further important elements are missing from the new Agreement:






  — | the avoidance of double standards between the norms in the Agreement and those in the Lisbon Treaty and contained in the acquis communautaire; |
| --- | --- | --- |

7.

Points out, moreover, that some further important elements are missing from the new Agreement:

—

the avoidance of double standards between the norms in the Agreement and those in the Lisbon Treaty and contained in the acquis communautaire;

| — | all the contracting parties to the agreement, present and future members of the euro, should have the same right to fully participate in all euro summit meetings; |
| --- | --- |

—

all the contracting parties to the agreement, present and future members of the euro, should have the same right to fully participate in all euro summit meetings;

| 8. | Regrets the fact that the final text does not reflect Parliament’s request for full participation of its President in informal euro summit meetings; insists that a standing invitation be extended by the president-elect of the euro summits for full participation; |
| --- | --- |

8.

Regrets the fact that the final text does not reflect Parliament’s request for full participation of its President in informal euro summit meetings; insists that a standing invitation be extended by the president-elect of the euro summits for full participation;

| 9. | Insists that the contracting parties fully respect their commitment to integrate, within five years at the latest, the Treaty on Stability, Coordination and Governance into the EU treaties and asks for the remaining weaknesses of the Treaty of Lisbon to be tackled on this occasion; |
| --- | --- |

9.

Insists that the contracting parties fully respect their commitment to integrate, within five years at the latest, the Treaty on Stability, Coordination and Governance into the EU treaties and asks for the remaining weaknesses of the Treaty of Lisbon to be tackled on this occasion;

| 10. | Instructs its President to forward this resolution to the Heads of State and Government, the President of the European Council, the President of the Eurogroup, the national parliaments, the Commission and the European Central Bank. |
| --- | --- |

10.

Instructs its President to forward this resolution to the Heads of State and Government, the President of the European Council, the President of the Eurogroup, the national parliaments, the Commission and the European Central Bank.

---

(1)  Regulation on the strengthening of the economic and budgetary surveillance of Member States, (COM(2011)0819), and Regulation on common provisions for monitoring and assessing draft budgetary plans, (COM(2011)0821).

(2)  Texts adopted, P7_TA(2012)0002.

---

| 20.8.2013 | EN | Official Journal of the European Union | CE 239/43 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

CE 239/43

---

Thursday 2 February 2012Iran and its nuclear programme

P7_TA(2012)0024

European Parliament resolution of 2 February 2012 on Iran and its nuclear programme

2013/C 239 E/08

The European Parliament,

| — | having regard to its previous resolutions on Iran, |
| --- | --- |

—

having regard to its previous resolutions on Iran,

| — | having regard to the statement of 22 January 2011 by the EU High Representative on behalf of the E3+3 countries following the talks held with Iran in Istanbul on 21 and 22 January 2011, |
| --- | --- |

—

having regard to the statement of 22 January 2011 by the EU High Representative on behalf of the E3+3 countries following the talks held with Iran in Istanbul on 21 and 22 January 2011,

| — | having regard to letter of 21 October 2011 from the EU High Representative to the Secretary of the Supreme National Security Council of the Islamic Republic of Iran, Saeed Jalili, |
| --- | --- |

—

having regard to letter of 21 October 2011 from the EU High Representative to the Secretary of the Supreme National Security Council of the Islamic Republic of Iran, Saeed Jalili,

| — | having regard to the International Atomic Energy Agency (IAEA) Director General’s report of 8 November 2011 on implementation of the NPT Safeguards Agreement and relevant provisions of Security Council resolutions in the Islamic Republic of Iran, |
| --- | --- |

—

having regard to the International Atomic Energy Agency (IAEA) Director General’s report of 8 November 2011 on implementation of the NPT Safeguards Agreement and relevant provisions of Security Council resolutions in the Islamic Republic of Iran,

| — | having regard to the IAEA Board of Governors resolution of 18 November 2011, |
| --- | --- |

—

having regard to the IAEA Board of Governors resolution of 18 November 2011,

| — | having regard to the EU High Representative’s statement of 18 November 2011 on the IAEA Board of Governors resolution, |
| --- | --- |

—

having regard to the EU High Representative’s statement of 18 November 2011 on the IAEA Board of Governors resolution,

| — | having regard to the EU High Representative’s statement of 29 November 2011 on the attack on and pillaging of the UK Embassy in Tehran, |
| --- | --- |

—

having regard to the EU High Representative’s statement of 29 November 2011 on the attack on and pillaging of the UK Embassy in Tehran,

| — | having regard to the European Council conclusions of 9 December 2011, |
| --- | --- |

—

having regard to the European Council conclusions of 9 December 2011,

| — | having regard to the Council conclusions on Iran of 14 November 2011, 1 December 2011 and 23 January 2012, |
| --- | --- |

—

having regard to the Council conclusions on Iran of 14 November 2011, 1 December 2011 and 23 January 2012,

| — | having regard to Iran’s commitment to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), to the need for all States Party to that Treaty to comply fully with all their obligations, and to the right of States Party, in conformity with Articles I and II of that Treaty, to develop research, production and use of nuclear energy for peaceful purposes without discrimination, |
| --- | --- |

—

having regard to Iran’s commitment to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), to the need for all States Party to that Treaty to comply fully with all their obligations, and to the right of States Party, in conformity with Articles I and II of that Treaty, to develop research, production and use of nuclear energy for peaceful purposes without discrimination,

| — | having regard to the recommendation by its Committee on Foreign Affairs to the Council on a consistent policy towards regimes against which the EU applies restrictive measures, when their leaders exercise their personal and commercial interests within EU borders, |
| --- | --- |

—

having regard to the recommendation by its Committee on Foreign Affairs to the Council on a consistent policy towards regimes against which the EU applies restrictive measures, when their leaders exercise their personal and commercial interests within EU borders,

| — | having regard to Rule 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(4) of its Rules of Procedure,

| A. | whereas Iran has, by ratifying the NPT, foresworn the acquisition of nuclear weapons and is legally bound to declare all its nuclear activities, including nuclear material, and place them under IAEA safeguards; |
| --- | --- |

A.

whereas Iran has, by ratifying the NPT, foresworn the acquisition of nuclear weapons and is legally bound to declare all its nuclear activities, including nuclear material, and place them under IAEA safeguards;

| B. | whereas Iran has still to comply with its obligations under all relevant UN Security Council UNSC resolutions, the most recent of which is Resolution 1929 (2010), and all the requirements of the IAEA Board of Governors, which specify full and unconditional access by the Agency to all sites, equipment, people and documents that would allow for proper inspection of Iran’s nuclear programme and would enable the IAEA to fulfil its role as nuclear watchdog; |
| --- | --- |

B.

whereas Iran has still to comply with its obligations under all relevant UN Security Council UNSC resolutions, the most recent of which is Resolution 1929 (2010), and all the requirements of the IAEA Board of Governors, which specify full and unconditional access by the Agency to all sites, equipment, people and documents that would allow for proper inspection of Iran’s nuclear programme and would enable the IAEA to fulfil its role as nuclear watchdog;

| C. | whereas the November 2011 IAEA report expresses ‘serious concerns regarding possible military dimensions to Iran’s nuclear programme’ because ‘some activities’‘relevant to the development of a nuclear explosive device’‘may still be ongoing’; |
| --- | --- |

C.

whereas the November 2011 IAEA report expresses ‘serious concerns regarding possible military dimensions to Iran’s nuclear programme’ because ‘some activities’‘relevant to the development of a nuclear explosive device’‘may still be ongoing’;

| D. | whereas on 27 December 2011 the Iranian Vice-President, Reza Rahimi, threatened to use military force to close the Strait of Hormuz if sanctions were imposed on Iran’s oil exports; whereas there has been a further deployment of European and US navy forces to counteract this threat and the military status has risen to ‘high alert’ throughout the region; |
| --- | --- |

D.

whereas on 27 December 2011 the Iranian Vice-President, Reza Rahimi, threatened to use military force to close the Strait of Hormuz if sanctions were imposed on Iran’s oil exports; whereas there has been a further deployment of European and US navy forces to counteract this threat and the military status has risen to ‘high alert’ throughout the region;

| E. | whereas, in breach of its obligations under the NPT, Iran has clandestinely constructed an enrichment facility at Fordow close to Qom and only notified the IAEA of its existence long after its construction started; whereas this secretive approach further undermines trust in Iranian assurances about the purely civil character of its nuclear programme; |
| --- | --- |

E.

whereas, in breach of its obligations under the NPT, Iran has clandestinely constructed an enrichment facility at Fordow close to Qom and only notified the IAEA of its existence long after its construction started; whereas this secretive approach further undermines trust in Iranian assurances about the purely civil character of its nuclear programme;

| F. | whereas on 5 January 2012 the Turkish Foreign Minister, Ahmet Davutoğlu, conveyed an invitation from the EU High Representative to Iran to resume nuclear talks with the E3+3; whereas during the visit of the Turkish Foreign Minister the Iranian Foreign Minister, Ali Akbar Salehi, stated that Iran is ready to resume talks; |
| --- | --- |

F.

whereas on 5 January 2012 the Turkish Foreign Minister, Ahmet Davutoğlu, conveyed an invitation from the EU High Representative to Iran to resume nuclear talks with the E3+3; whereas during the visit of the Turkish Foreign Minister the Iranian Foreign Minister, Ali Akbar Salehi, stated that Iran is ready to resume talks;

| G. | whereas the EU Foreign Ministers have agreed additional restrictive measures against Iran in the energy sector, including a phased embargo of Iranian crude oil imports to the EU, in the financial sector, including against the Central Bank of Iran, and in the transport sector, as well as further export restrictions, notably on gold and on sensitive dual-use goods and technology, and additional designations of persons and entities, including several controlled by the Islamic Revolutionary Guards Corps (IRGC); |
| --- | --- |

G.

whereas the EU Foreign Ministers have agreed additional restrictive measures against Iran in the energy sector, including a phased embargo of Iranian crude oil imports to the EU, in the financial sector, including against the Central Bank of Iran, and in the transport sector, as well as further export restrictions, notably on gold and on sensitive dual-use goods and technology, and additional designations of persons and entities, including several controlled by the Islamic Revolutionary Guards Corps (IRGC);

| H. | whereas the Council again reaffirmed its commitment to work for a diplomatic solution to the Iranian nuclear issue in accordance with the dual-track approach; |
| --- | --- |

H.

whereas the Council again reaffirmed its commitment to work for a diplomatic solution to the Iranian nuclear issue in accordance with the dual-track approach;

| I. | whereas the Council reaffirmed that the objective of the EU remains to achieve a comprehensive and long-term settlement which would build international confidence in the exclusively peaceful nature of the Iranian nuclear programme, while respecting Iran’s legitimate right to peaceful use of nuclear energy in conformity with the NPT; |
| --- | --- |

I.

whereas the Council reaffirmed that the objective of the EU remains to achieve a comprehensive and long-term settlement which would build international confidence in the exclusively peaceful nature of the Iranian nuclear programme, while respecting Iran’s legitimate right to peaceful use of nuclear energy in conformity with the NPT;

| 1. | Reiterates that the proliferation risks in connection with the Iranian nuclear programme remain a source of serious concern to the EU and is deeply worried by the IAEA report’s statement that credible information ‘indicates that Iran has carried out activities relevant to the development of a nuclear explosive device’; |
| --- | --- |

1.

Reiterates that the proliferation risks in connection with the Iranian nuclear programme remain a source of serious concern to the EU and is deeply worried by the IAEA report’s statement that credible information ‘indicates that Iran has carried out activities relevant to the development of a nuclear explosive device’;

| 2. | Deeply deplores Iran’s acceleration of enrichment activities in violation of six UNSC resolutions and eleven IAEA Board resolutions, as reflected in the recent start of operations of enrichment of uranium to a level of up to 20% in the underground facility in Fordow near Qom; |
| --- | --- |

2.

Deeply deplores Iran’s acceleration of enrichment activities in violation of six UNSC resolutions and eleven IAEA Board resolutions, as reflected in the recent start of operations of enrichment of uranium to a level of up to 20% in the underground facility in Fordow near Qom;

| 3. | Reiterates its call on Iran to stop developing enrichment technology which goes far beyond the need to ensure secure fuel supplies for civil purposes, with disregard for international concerns over clandestine military intentions; |
| --- | --- |

3.

Reiterates its call on Iran to stop developing enrichment technology which goes far beyond the need to ensure secure fuel supplies for civil purposes, with disregard for international concerns over clandestine military intentions;

| 4. | Supports the additional restrictive measures adopted by the Council against Iran in the energy and financial sectors, as well as additional sanctions against persons and entities, including several controlled by the Islamic Revolutionary Guards Corps (IRGC); recognises that sanctions and diplomatic measures could be helpful in bringing the Iranian government to accept and respect UN resolutions avoiding further escalation; notes that sanctions are not an end in themselves and that to date the EU sanctions against Iran have not achieved their stated goals; |
| --- | --- |

4.

Supports the additional restrictive measures adopted by the Council against Iran in the energy and financial sectors, as well as additional sanctions against persons and entities, including several controlled by the Islamic Revolutionary Guards Corps (IRGC); recognises that sanctions and diplomatic measures could be helpful in bringing the Iranian government to accept and respect UN resolutions avoiding further escalation; notes that sanctions are not an end in themselves and that to date the EU sanctions against Iran have not achieved their stated goals;

| 5. | Reiterates the EU's long-held position that the outstanding issues with Iran over its nuclear programme must be solved peacefully and that there is no military solution to the conflict; |
| --- | --- |

5.

Reiterates the EU's long-held position that the outstanding issues with Iran over its nuclear programme must be solved peacefully and that there is no military solution to the conflict;

| 6. | Notes that there will be a phased embargo on Iranian crude oil exports to the EU and that contracts already concluded may still be executed until 1 July 2012; calls on the Council to decide on measures to offset the impact of the embargo on the various EU Member States; |
| --- | --- |

6.

Notes that there will be a phased embargo on Iranian crude oil exports to the EU and that contracts already concluded may still be executed until 1 July 2012; calls on the Council to decide on measures to offset the impact of the embargo on the various EU Member States;

| 7. | Asks for sanctions or restrictive measures to be targeted at and proportionate to the objective pursued and aimed at influencing mainly the accountable elites of repressive or criminal regimes and the responsible non-state actors of failed states and minimising, as far as possible, the adverse impact on civilian populations, especially the most vulnerable groups; |
| --- | --- |

7.

Asks for sanctions or restrictive measures to be targeted at and proportionate to the objective pursued and aimed at influencing mainly the accountable elites of repressive or criminal regimes and the responsible non-state actors of failed states and minimising, as far as possible, the adverse impact on civilian populations, especially the most vulnerable groups;

| 8. | Supports the Council’s commitment to work for a diplomatic solution to the Iranian nuclear issue in accordance with the dual-track approach and the EU’s objective of achieving a comprehensive and long-term settlement; calls on the Iranian authorities to reply positively to the offer for substantial negotiations as set out in the EU High Representative’s letter of 21 October 2011, by clearly demonstrating its readiness to engage in confidence building measures and, without preconditions, in meaningful talks to seriously address existing concerns on the nuclear issue; |
| --- | --- |

8.

Supports the Council’s commitment to work for a diplomatic solution to the Iranian nuclear issue in accordance with the dual-track approach and the EU’s objective of achieving a comprehensive and long-term settlement; calls on the Iranian authorities to reply positively to the offer for substantial negotiations as set out in the EU High Representative’s letter of 21 October 2011, by clearly demonstrating its readiness to engage in confidence building measures and, without preconditions, in meaningful talks to seriously address existing concerns on the nuclear issue;

| 9. | Renews its call on the Iranian authorities to fulfil Iran’s obligations under the NPT; calls on the Iranian Parliament and Government to ratify and implement the Additional Protocol and to fully implement the provisions of the Comprehensive Safeguard Agreement; |
| --- | --- |

9.

Renews its call on the Iranian authorities to fulfil Iran’s obligations under the NPT; calls on the Iranian Parliament and Government to ratify and implement the Additional Protocol and to fully implement the provisions of the Comprehensive Safeguard Agreement;

| 10. | Welcomes the fact that Iran agreed to receive a high-ranking IAEA delegation for inspections, headed by Deputy Director General Herman Nackaerts, from 29 to 31 January 2012; |
| --- | --- |

10.

Welcomes the fact that Iran agreed to receive a high-ranking IAEA delegation for inspections, headed by Deputy Director General Herman Nackaerts, from 29 to 31 January 2012;

| 11. | Strongly urges Iran to cooperate fully with the IAEA on all outstanding issues, particularly those which give rise to concerns about the possible military dimensions of the Iranian nuclear programme, including by providing full and unconditional access without delay to all sites, equipment, persons and documents requested by the IAEA, and not to object to the appointment of inspectors; stresses the importance of ensuring that the IAEA has all necessary resources and authority for the fulfilment of its work in Iran; |
| --- | --- |

11.

Strongly urges Iran to cooperate fully with the IAEA on all outstanding issues, particularly those which give rise to concerns about the possible military dimensions of the Iranian nuclear programme, including by providing full and unconditional access without delay to all sites, equipment, persons and documents requested by the IAEA, and not to object to the appointment of inspectors; stresses the importance of ensuring that the IAEA has all necessary resources and authority for the fulfilment of its work in Iran;

| 12. | Supports the efforts of the IAEA to monitor the development of Iran’s nuclear programme in order to provide the international community with an accurate overview of the situation; |
| --- | --- |

12.

Supports the efforts of the IAEA to monitor the development of Iran’s nuclear programme in order to provide the international community with an accurate overview of the situation;

| 13. | Recognises that the dialogue and cooperation with Turkey can play an important role with a view to reaching a settlement; |
| --- | --- |

13.

Recognises that the dialogue and cooperation with Turkey can play an important role with a view to reaching a settlement;

| 14. | Strongly condemns the Iranian threat of a closure of the Strait of Hormuz; urges the Iranian authorities not to block the Strait of Hormuz; believes that such an act could lead to a regional conflict and trigger retaliation by the international community; |
| --- | --- |

14.

Strongly condemns the Iranian threat of a closure of the Strait of Hormuz; urges the Iranian authorities not to block the Strait of Hormuz; believes that such an act could lead to a regional conflict and trigger retaliation by the international community;

| 15. | Regrets the ongoing refusal of China and Russia in the UN Security Council to support sanctions against Iran; calls on Russia to cease providing assistance with Iran’s nuclear development until Iran has fully complied with its obligations under relevant UN resolutions; |
| --- | --- |

15.

Regrets the ongoing refusal of China and Russia in the UN Security Council to support sanctions against Iran; calls on Russia to cease providing assistance with Iran’s nuclear development until Iran has fully complied with its obligations under relevant UN resolutions;

| 16. | Strongly condemns the attack on the UK Embassy in Tehran on 29 November 2011; calls on the Iranian Government to fulfil its international obligations, including the Vienna Convention, to protect diplomats and embassies; |
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16.

Strongly condemns the attack on the UK Embassy in Tehran on 29 November 2011; calls on the Iranian Government to fulfil its international obligations, including the Vienna Convention, to protect diplomats and embassies;

| 17. | Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the EU Member States, the Government and Parliament of Turkey, the Government and Parliament of the People’s Republic of China, the Government and Parliament of the Russian Federation, the Director General of the IAEA, the Secretary-General of the UN, the Office of the Supreme Leader and the Government and Parliament of the Islamic Republic of Iran. |
| --- | --- |

17.

Instructs its President to forward this resolution to the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the EU Member States, the Government and Parliament of Turkey, the Government and Parliament of the People’s Republic of China, the Government and Parliament of the Russian Federation, the Director General of the IAEA, the Secretary-General of the UN, the Office of the Supreme Leader and the Government and Parliament of the Islamic Republic of Iran.

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| 20.8.2013 | EN | Official Journal of the European Union | CE 239/46 |
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20.8.2013

EN

Official Journal of the European Union

CE 239/46

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Thursday 2 February 2012European dimension in sport

P7_TA(2012)0025

European Parliament resolution of 2 February 2012 on the European dimension in sport (2011/2087(INI))

2013/C 239 E/09

The European Parliament,

| — | having regard to the Commission communication of 18 January 2011 entitled ‘Developing the European Dimension in Sport’ (COM(2011)0012), |
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—

having regard to the Commission communication of 18 January 2011 entitled ‘Developing the European Dimension in Sport’ (COM(2011)0012),

| — | having regard to the Commission White Paper on Sport (COM(2007)0391), |
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—

having regard to the Commission White Paper on Sport (COM(2007)0391),

| — | having regard to the Commission communication on "Fighting Corruption in the EU" (COM(2011)0308), |
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—

having regard to the Commission communication on "Fighting Corruption in the EU" (COM(2011)0308),

| — | having regard to the two Council of Europe conventions on Spectator violence and misbehaviour at sports events of 19 August 1985 and on anti-doping of 19 August 1990, |
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—

having regard to the two Council of Europe conventions on Spectator violence and misbehaviour at sports events of 19 August 1985 and on anti-doping of 19 August 1990,

| — | having regard to its resolution of 5 June 2003 on women and sport (1), |
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—

having regard to its resolution of 5 June 2003 on women and sport (1),

| — | having regard to its resolution of 22 April 2004 on respect for core labour standards in the production of sports goods for the Olympic Games (2), |
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—

having regard to its resolution of 22 April 2004 on respect for core labour standards in the production of sports goods for the Olympic Games (2),

| — | having regard to its resolution of 14 April 2005 on doping in sport (3), |
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—

having regard to its resolution of 14 April 2005 on doping in sport (3),

| — | having regard to its declaration of 14 March 2006 on tackling racism in football (4), |
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—

having regard to its declaration of 14 March 2006 on tackling racism in football (4),

| — | having regard to its resolution of 15 March 2006 on forced prostitution in the framework of world sports events (5), |
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—

having regard to its resolution of 15 March 2006 on forced prostitution in the framework of world sports events (5),

| — | having regard to its resolution of 29 March 2007 on the future of professional football in Europe (6), |
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—

having regard to its resolution of 29 March 2007 on the future of professional football in Europe (6),

| — | having regard to its resolution of 13 November 2007 on the role of sport in education (7), |
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—

having regard to its resolution of 13 November 2007 on the role of sport in education (7),

| — | having regard to its resolution of 8 May 2008 entitled ‘White Paper on Sport’ (8), |
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—

having regard to its resolution of 8 May 2008 entitled ‘White Paper on Sport’ (8),

| — | having regard to its resolution of 19 February 2009 on Social Economy (9), |
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—

having regard to its resolution of 19 February 2009 on Social Economy (9),

| — | having regard to its resolution of 10 March 2009 on the integrity of online gambling (10), |
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—

having regard to its resolution of 10 March 2009 on the integrity of online gambling (10),

| — | having regard to its resolution of 5 July 2011 on the Commission’s fifth Cohesion Report and the strategy for post-2013 cohesion policy (11), |
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—

having regard to its resolution of 5 July 2011 on the Commission’s fifth Cohesion Report and the strategy for post-2013 cohesion policy (11),

| — | having regard to its Declaration of 16 December 2010 on increased support for grassroots sport (12), |
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—

having regard to its Declaration of 16 December 2010 on increased support for grassroots sport (12),

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

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

| — | having regard to the Council conclusions of 18 November 2010 on the role of sport as a source of and a driver for active social inclusion (13), |
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—

having regard to the Council conclusions of 18 November 2010 on the role of sport as a source of and a driver for active social inclusion (13),

| — | having regard to the Council conclusions of 17 June 2010 on the new strategy for jobs and growth, |
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—

having regard to the Council conclusions of 17 June 2010 on the new strategy for jobs and growth,

| — | having regard to the Council resolution of 1 June 2011 on a European Union Work Plan for Sport 2011-2014 (14), |
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—

having regard to the Council resolution of 1 June 2011 on a European Union Work Plan for Sport 2011-2014 (14),

| — | having regard to the Declaration of Punta de l’Este of December 1999 and to UNESCO’s round table meeting on traditional sports and games (TSG) (15), dealing with recognition of traditional sports and games as part of intangible heritage and a symbol of cultural diversity, |
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—

having regard to the Declaration of Punta de l’Este of December 1999 and to UNESCO’s round table meeting on traditional sports and games (TSG) (15), dealing with recognition of traditional sports and games as part of intangible heritage and a symbol of cultural diversity,

| — | having regard to the case-law of the EU Court of Justice and the Tribunal and the Commission’s decisions on sports matters, |
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—

having regard to the case-law of the EU Court of Justice and the Tribunal and the Commission’s decisions on sports matters,

| — | having regard to the European Charter of Women’s Rights in Sports ( Jump in Olympia – Strong(er) Women through Sport), |
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—

having regard to the European Charter of Women’s Rights in Sports ( Jump in Olympia – Strong(er) Women through Sport),

| — | having regard to the Charter for Action to stamp out LGBT discrimination in sport, |
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—

having regard to the Charter for Action to stamp out LGBT discrimination in sport,

| — | having regard to Articles 6, 19 and 165 of the Treaty on the Functioning of the European Union, |
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—

having regard to Articles 6, 19 and 165 of the Treaty on the Functioning of the European Union,

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

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the opinion of the Committee of the Regions (16) of 11-12 October 2011 and the opinion of the European Economic and Social Committee of 26-27 October 2011 entitled ‘Developing the European Dimension in Sport’ (17), |
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—

having regard to the opinion of the Committee of the Regions (16) of 11-12 October 2011 and the opinion of the European Economic and Social Committee of 26-27 October 2011 entitled ‘Developing the European Dimension in Sport’ (17),

| — | having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Economic and Monetary Affairs, of the Committee on Environment, Public Health and Food Safety, of the Committee on Internal Market and Consumer Protection, of the Committee on Legal Affairs, of the Committee on Civil Liberties, Justice and Home Affairs, of the Committee on Women’s Rights and Gender Equality (A7-0385/2011), |
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—

having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Economic and Monetary Affairs, of the Committee on Environment, Public Health and Food Safety, of the Committee on Internal Market and Consumer Protection, of the Committee on Legal Affairs, of the Committee on Civil Liberties, Justice and Home Affairs, of the Committee on Women’s Rights and Gender Equality (A7-0385/2011),

| A. | whereas sport contributes to achieving the EU’s strategic objectives, as it highlights fundamental educational and cultural values and is a vector of integration, since it is open to all members of the public, regardless of their sex, ethnic origin, religion, age, nationality, social situation or sexual orientation; |
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A.

whereas sport contributes to achieving the EU’s strategic objectives, as it highlights fundamental educational and cultural values and is a vector of integration, since it is open to all members of the public, regardless of their sex, ethnic origin, religion, age, nationality, social situation or sexual orientation;

| B. | whereas the specific nature of sport should take precedence in the judgement of the ECJ and the Commission’s decision on sports matters; |
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B.

whereas the specific nature of sport should take precedence in the judgement of the ECJ and the Commission’s decision on sports matters;

| C. | whereas all stakeholders, including policy makers, must take into account the specific nature of sport, its structures based on voluntary activity and its social and educational functions; |
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C.

whereas all stakeholders, including policy makers, must take into account the specific nature of sport, its structures based on voluntary activity and its social and educational functions;

| D. | whereas the specific nature of sport arises from the sum of sport’s individual and essential aspects which make it different from all other sectors of activity, including economic activities; whereas it should however be subjected to European Union law where appropriate and necessary, and on a case-by case basis; |
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D.

whereas the specific nature of sport arises from the sum of sport’s individual and essential aspects which make it different from all other sectors of activity, including economic activities; whereas it should however be subjected to European Union law where appropriate and necessary, and on a case-by case basis;

| E. | whereas EU action in the field of sport should always take the specificity of sport into account respecting its social, educational and cultural aspects; |
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E.

whereas EU action in the field of sport should always take the specificity of sport into account respecting its social, educational and cultural aspects;

| F. | whereas sport is a competence of the EU under the Treaty of Lisbon aiming to promote fairness and openness in sporting competitions, cooperation between the bodies responsible for sport, protecting the physical and moral integrity of sportspeople, and enhancing the health, social, cultural and economic benefits of sport, and requires appropriate financial and policy support; |
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F.

whereas sport is a competence of the EU under the Treaty of Lisbon aiming to promote fairness and openness in sporting competitions, cooperation between the bodies responsible for sport, protecting the physical and moral integrity of sportspeople, and enhancing the health, social, cultural and economic benefits of sport, and requires appropriate financial and policy support;

| G. | whereas sport makes a huge contribution to positive values such as fair play, respect and social inclusion; |
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G.

whereas sport makes a huge contribution to positive values such as fair play, respect and social inclusion;

| H. | whereas billions of people throughout the world play sports invented, codified and disseminated in Europe and notes additionally that the modern Olympic movement was created in France by Baron Pierre De Coubertin; |
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H.

whereas billions of people throughout the world play sports invented, codified and disseminated in Europe and notes additionally that the modern Olympic movement was created in France by Baron Pierre De Coubertin;

| I. | whereas EU Sports Policy must be developed to address and support the aims and objectives of both professional and amateur sports; |
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I.

whereas EU Sports Policy must be developed to address and support the aims and objectives of both professional and amateur sports;

| J. | whereas the support and promotion of sport for people with intellectual or physical disabilities should be a priority in the EU considering its important role in delivering social inclusion, public health and volunteerism across borders; |
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J.

whereas the support and promotion of sport for people with intellectual or physical disabilities should be a priority in the EU considering its important role in delivering social inclusion, public health and volunteerism across borders;

| K. | whereas volunteering is the cornerstone of most amateur sport in Europe; |
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K.

whereas volunteering is the cornerstone of most amateur sport in Europe;

| L. | whereas 35 million amateurs assist the development of mass-participation sport and the dissemination of sporting ideals, as do clubs and charitable sports associations; |
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L.

whereas 35 million amateurs assist the development of mass-participation sport and the dissemination of sporting ideals, as do clubs and charitable sports associations;

| M. | whereas sport is a key factor for health in modern society and, through its role in formal and non-formal education, is an essential part of a high-quality education, and contributes to senior citizens’ personal fulfilment; |
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M.

whereas sport is a key factor for health in modern society and, through its role in formal and non-formal education, is an essential part of a high-quality education, and contributes to senior citizens’ personal fulfilment;

| N. | whereas promoting physical activity and sport makes for significant savings in terms of public expenditure on health; |
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N.

whereas promoting physical activity and sport makes for significant savings in terms of public expenditure on health;

| O. | whereas a key motivating factor behind citizen involvement in sport and physical activity is to improve personal health and well-being; |
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O.

whereas a key motivating factor behind citizen involvement in sport and physical activity is to improve personal health and well-being;

| P. | whereas doping in sport infringes the values of sport and places sportspeople at serious risk, causing serious and permanent damage to health; |
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P.

whereas doping in sport infringes the values of sport and places sportspeople at serious risk, causing serious and permanent damage to health;

| Q. | whereas high-level sport is a showcase for certain core sporting values and conveys those values to society generally, encouraging participation in sport; |
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Q.

whereas high-level sport is a showcase for certain core sporting values and conveys those values to society generally, encouraging participation in sport;

| R. | whereas many top-level athletes face an uncertain future at the end of their sporting career; |
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R.

whereas many top-level athletes face an uncertain future at the end of their sporting career;

| S. | whereas it is essential to prepare such athletes for their career change by enabling them to receive general education or vocational training alongside their sports training; |
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S.

whereas it is essential to prepare such athletes for their career change by enabling them to receive general education or vocational training alongside their sports training;

| T. | whereas sportspeople’s fundamental rights must be safeguarded and protected; |
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T.

whereas sportspeople’s fundamental rights must be safeguarded and protected;

| U. | whereas verbal and physical violence and discriminatory behaviour may potentially occur during sports competitions; |
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U.

whereas verbal and physical violence and discriminatory behaviour may potentially occur during sports competitions;

| V. | whereas women’s participation in sport is not sufficiently valued, and women are under-represented within the decision-making bodies of sports organisations; |
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V.

whereas women’s participation in sport is not sufficiently valued, and women are under-represented within the decision-making bodies of sports organisations;

| W. | whereas sporting activities require specific and appropriate facilities, equipment and apparatus and whereas schools too should have suitable facilities to promote physical education; |
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W.

whereas sporting activities require specific and appropriate facilities, equipment and apparatus and whereas schools too should have suitable facilities to promote physical education;

| X. | whereas sport plays an important part in the European economy, as it directly or indirectly employs 15 million people, i.e. 5.4% of the working population, and represents an annual added value of approximately EUR 407 billion, or 3.65% of Europe’s GDP, and an economically flourishing sports sector thus contributes to achieving the aims of the Europe 2020 strategy; |
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X.

whereas sport plays an important part in the European economy, as it directly or indirectly employs 15 million people, i.e. 5.4% of the working population, and represents an annual added value of approximately EUR 407 billion, or 3.65% of Europe’s GDP, and an economically flourishing sports sector thus contributes to achieving the aims of the Europe 2020 strategy;

| Y. | whereas the violation of sports organisations’ intellectual property rights and the upsurge in digital piracy, especially the unlicensed live transmission of sports events, puts the economy of the entire sports sector at risk; |
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Y.

whereas the violation of sports organisations’ intellectual property rights and the upsurge in digital piracy, especially the unlicensed live transmission of sports events, puts the economy of the entire sports sector at risk;

| Z. | whereas sport does not function like a typical sector of the economy because of the interdependence between opponents and the competitive balance needed to preserve the uncertainty of results; |
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Z.

whereas sport does not function like a typical sector of the economy because of the interdependence between opponents and the competitive balance needed to preserve the uncertainty of results;

| AA. | whereas sport does not behave like a typical economic activity because of its specific characteristics and its organisational structures, underpinned by federations, which do not operate as commercial companies, and whereas a distinction must be made between sporting and commercial interests; |
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AA.

whereas sport does not behave like a typical economic activity because of its specific characteristics and its organisational structures, underpinned by federations, which do not operate as commercial companies, and whereas a distinction must be made between sporting and commercial interests;

| AB. | whereas European social dialogue can play an important role and should therefore be promoted; |
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AB.

whereas European social dialogue can play an important role and should therefore be promoted;

| AC. | whereas sport plays an important role and brings joy to many citizens whether they are participants, supporters or spectators; |
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AC.

whereas sport plays an important role and brings joy to many citizens whether they are participants, supporters or spectators;

| AD. | whereas major events and participation in sport provide extraordinary opportunities to exploit the potential of tourism development in Europe, which can spread the values and principles linked to sport; |
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AD.

whereas major events and participation in sport provide extraordinary opportunities to exploit the potential of tourism development in Europe, which can spread the values and principles linked to sport;

| AE. | whereas the European model of sport is based on a federation for each sports discipline, and whereas mechanisms for sports and financial solidarity, such as the principle of promotion and relegation and open competitions involving both clubs and national teams, are organised on an autonomous, democratic and territorial basis and in a pyramid structure, as the result of a longstanding democratic tradition; |
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AE.

whereas the European model of sport is based on a federation for each sports discipline, and whereas mechanisms for sports and financial solidarity, such as the principle of promotion and relegation and open competitions involving both clubs and national teams, are organised on an autonomous, democratic and territorial basis and in a pyramid structure, as the result of a longstanding democratic tradition;

| AF. | whereas transparency and democratic accountability at sports clubs can be improved by the involvement of supporters in the ownership and governance structure of their clubs; |
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AF.

whereas transparency and democratic accountability at sports clubs can be improved by the involvement of supporters in the ownership and governance structure of their clubs;

| AG. | whereas traditional and grassroots sporting organisations play a key role in strengthening culture, promoting social inclusion and enhancing communities; |
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AG.

whereas traditional and grassroots sporting organisations play a key role in strengthening culture, promoting social inclusion and enhancing communities;

| AH. | whereas national teams have a key role to play, international competitions continue to constitute a reference model and action should be taken against ‘naturalisations of convenience’; |
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AH.

whereas national teams have a key role to play, international competitions continue to constitute a reference model and action should be taken against ‘naturalisations of convenience’;

| AI. | whereas the very nature of competitions between national teams implies that sports federations and clubs can enhance the training of their national sportspeople; |
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AI.

whereas the very nature of competitions between national teams implies that sports federations and clubs can enhance the training of their national sportspeople;

| AJ. | whereas professional and grassroots sport are vulnerable to and seriously affected by financial instability and it is the responsibility of the relevant federations to encourage clubs to adopt a culture of planning and sensible investment; |
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AJ.

whereas professional and grassroots sport are vulnerable to and seriously affected by financial instability and it is the responsibility of the relevant federations to encourage clubs to adopt a culture of planning and sensible investment;

| AK. | whereas international transfers can be dangerous for young athletes, since sporting failure, family disruption and social marginalisation are some of the consequences that can result when young athletes leave home too early; |
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AK.

whereas international transfers can be dangerous for young athletes, since sporting failure, family disruption and social marginalisation are some of the consequences that can result when young athletes leave home too early;

| AL. | whereas sports federations do not have the structural or legal means to take effective action against match-fixing; |
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AL.

whereas sports federations do not have the structural or legal means to take effective action against match-fixing;

| AM. | whereas gambling services are excluded from the scope of the Services Directive (2006/123/EC) and the new Consumer Rights Directive (2011/83/EU), due to their specificity; |
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AM.

whereas gambling services are excluded from the scope of the Services Directive (2006/123/EC) and the new Consumer Rights Directive (2011/83/EU), due to their specificity;

| AN. | whereas funding for grassroots sport is only secured if holders of the necessary national gambling licences, who pay taxes and finance other public interest objectives in Member States, are legally obliged to pay ‘public interest’ levies and are effectively protected against illegal competition; |
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AN.

whereas funding for grassroots sport is only secured if holders of the necessary national gambling licences, who pay taxes and finance other public interest objectives in Member States, are legally obliged to pay ‘public interest’ levies and are effectively protected against illegal competition;

| AO. | whereas the regulation of players’ agents requires concerted action between sports governing bodies and public authorities so that effective sanctions can be imposed against agents and/or intermediaries who break the rules; |
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AO.

whereas the regulation of players’ agents requires concerted action between sports governing bodies and public authorities so that effective sanctions can be imposed against agents and/or intermediaries who break the rules;

| AP. | whereas sport can play a part in various areas of the EU’s external relations, among others by means of diplomacy; |
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AP.

whereas sport can play a part in various areas of the EU’s external relations, among others by means of diplomacy;

The social role of sport

| 1. | Urges the Commission to propose a dedicated and ambitious budget for sports policy under the future MFF given the public health, social, cultural and economic benefits of sport; |
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1.

Urges the Commission to propose a dedicated and ambitious budget for sports policy under the future MFF given the public health, social, cultural and economic benefits of sport;

| 2. | Calls on the Member States to ensure that sport becomes a subject in the curriculum of schools of all kinds, and underlines the importance of encouraging participation in sports at all levels of education, from early years onwards, including schools, universities and local communities which should be encouraged to have sports facilities with suitable equipment; |
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2.

Calls on the Member States to ensure that sport becomes a subject in the curriculum of schools of all kinds, and underlines the importance of encouraging participation in sports at all levels of education, from early years onwards, including schools, universities and local communities which should be encouraged to have sports facilities with suitable equipment;

| 3. | Urges Member States to establish clear guidelines to integrate sport and physical activity into all levels of education across the Member States; |
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3.

Urges Member States to establish clear guidelines to integrate sport and physical activity into all levels of education across the Member States;

| 4. | Highlights the importance of education through sport and the potential of sport to help get socially vulnerable youngsters back on track and asks the Member States, national associations, leagues and clubs to develop and support initiatives in this respect; |
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4.

Highlights the importance of education through sport and the potential of sport to help get socially vulnerable youngsters back on track and asks the Member States, national associations, leagues and clubs to develop and support initiatives in this respect;

| 5. | Calls on the Member States to promote and support the cooperation of schools and sports clubs; in this context, the Commission should make use of its coordinating function in sport to gather examples of best practice from the Member States and make these available to all interested parties throughout Europe in a central database; |
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5.

Calls on the Member States to promote and support the cooperation of schools and sports clubs; in this context, the Commission should make use of its coordinating function in sport to gather examples of best practice from the Member States and make these available to all interested parties throughout Europe in a central database;

| 6. | Recommends that the Commission encourage the practice of sport among senior citizens as it helps to promote social interaction and high rates of good health; |
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6.

Recommends that the Commission encourage the practice of sport among senior citizens as it helps to promote social interaction and high rates of good health;

| 7. | Underlines that sports at all ages is an important area of great potential for increasing the overall health level of Europeans and therefore calls on the EU and on Member States to facilitate engagement in sport and to promote a healthy lifestyle fully exploiting the opportunities of sport, thereby reducing spending on healthcare; |
| --- | --- |

7.

Underlines that sports at all ages is an important area of great potential for increasing the overall health level of Europeans and therefore calls on the EU and on Member States to facilitate engagement in sport and to promote a healthy lifestyle fully exploiting the opportunities of sport, thereby reducing spending on healthcare;

| 8. | Calls on the Commission and Member States to support more strongly the role of health professionals in the promotion of sports participation and to examine how health insurance providers could offer incentives as a way of encouraging people to take up sporting activities; |
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8.

Calls on the Commission and Member States to support more strongly the role of health professionals in the promotion of sports participation and to examine how health insurance providers could offer incentives as a way of encouraging people to take up sporting activities;

| 9. | Underlines the importance of making sport available to all citizens in many different settings, whether at school, at work, as a recreational activity or through clubs and associations; |
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9.

Underlines the importance of making sport available to all citizens in many different settings, whether at school, at work, as a recreational activity or through clubs and associations;

| 10. | Acknowledges the work done by organisations delivering sporting activities for persons with intellectual or physical disabilities across the EU; calls on the Commission, the Member States and sports organisations to promote and develop, with appropriate funding, sport activities and competitions for people with disabilities, notably by making available and giving to them equal access to sport and free-of-charge sports facilities tailored to their needs; |
| --- | --- |

10.

Acknowledges the work done by organisations delivering sporting activities for persons with intellectual or physical disabilities across the EU; calls on the Commission, the Member States and sports organisations to promote and develop, with appropriate funding, sport activities and competitions for people with disabilities, notably by making available and giving to them equal access to sport and free-of-charge sports facilities tailored to their needs;

| 11. | Stresses the great socially-integrating power of sport in many areas, including civic commitment and the conception of democracy, the promotion of good health, urban development, social integration, the job market, employment, skills training and education; |
| --- | --- |

11.

Stresses the great socially-integrating power of sport in many areas, including civic commitment and the conception of democracy, the promotion of good health, urban development, social integration, the job market, employment, skills training and education;

| 12. | Encourages the Member States and the Community institutions to increase their grants to organisations that seek to integrate through sport people at risk of social exclusion or that promote sport for physically or mentally disabled people; |
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12.

Encourages the Member States and the Community institutions to increase their grants to organisations that seek to integrate through sport people at risk of social exclusion or that promote sport for physically or mentally disabled people;

| 13. | Encourages Member States to permanently include sport in programmes and services for a real integration of all groups at risk of discrimination and calls on sport organisations to adopt appropriate training programmes for professionals and volunteers to prevent and fight against any form of discrimination or racism; |
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13.

Encourages Member States to permanently include sport in programmes and services for a real integration of all groups at risk of discrimination and calls on sport organisations to adopt appropriate training programmes for professionals and volunteers to prevent and fight against any form of discrimination or racism;

| 14. | Highlights the exemplary function of sport for society and urges sports governing bodies to take leadership in countering institutional discrimination; |
| --- | --- |

14.

Highlights the exemplary function of sport for society and urges sports governing bodies to take leadership in countering institutional discrimination;

| 15. | Recalls that gender discrimination should not occur in sport, and calls for application of the Olympic Charter to be extended to all sporting events, particularly European ones; |
| --- | --- |

15.

Recalls that gender discrimination should not occur in sport, and calls for application of the Olympic Charter to be extended to all sporting events, particularly European ones;

| 16. | Calls on the Council, the Commission, the Member States and national governing sports bodies to commit to tackling homophobia and transphobia and to implement legislation and anti- discrimination policies especially for lesbian, bi-sexual, gay and transgender athletes properly; |
| --- | --- |

16.

Calls on the Council, the Commission, the Member States and national governing sports bodies to commit to tackling homophobia and transphobia and to implement legislation and anti- discrimination policies especially for lesbian, bi-sexual, gay and transgender athletes properly;

| 17. | Calls on Member States to place greater emphasis on the importance of quality physical education for both genders and suggests that they develop the necessary strategies to address this issue; |
| --- | --- |

17.

Calls on Member States to place greater emphasis on the importance of quality physical education for both genders and suggests that they develop the necessary strategies to address this issue;

| 18. | Emphasises that the composition of sports organisations’ decision-making bodies must reflect that of their AGMs as well as the gender balance among their licensed players, thus affording men and women equal access to administrative roles even at transnational level; |
| --- | --- |

18.

Emphasises that the composition of sports organisations’ decision-making bodies must reflect that of their AGMs as well as the gender balance among their licensed players, thus affording men and women equal access to administrative roles even at transnational level;

| 19. | Encourages the Commission and the Member States to acknowledge the importance of sport as a means of promoting peace, economic growth, intercultural dialogue, public health, integration and the emancipation of women; |
| --- | --- |

19.

Encourages the Commission and the Member States to acknowledge the importance of sport as a means of promoting peace, economic growth, intercultural dialogue, public health, integration and the emancipation of women;

| 20. | Calls on the Commission and the Member States to urge the International Olympic Committee to impose their own rule in the Olympic Charter forbidding all demonstrations or political, religious or racist propaganda at sports events and at the same time to ensure that political pressure is not put on women to violate this rule and that it is not evaded by women not being sent by their countries to compete; |
| --- | --- |

20.

Calls on the Commission and the Member States to urge the International Olympic Committee to impose their own rule in the Olympic Charter forbidding all demonstrations or political, religious or racist propaganda at sports events and at the same time to ensure that political pressure is not put on women to violate this rule and that it is not evaded by women not being sent by their countries to compete;

| 21. | Calls on sport organisations to further encourage women’s participation in sport and in the governance bodies of sports organisations by guaranteeing equal access to sporting activities, in particular for girls and women from disadvantaged backgrounds, by promoting female participation in sport and giving women’s and men’s sports and results equal prominence and visibility; encourages Member States to develop measures enabling female athletes to reconcile their family and professional sports life and to promote gender equality into governmental policies on sport; calls on the Commission to encourage the exchange of information and good practices with regard to equal opportunities for people of both genders in sport; |
| --- | --- |

21.

Calls on sport organisations to further encourage women’s participation in sport and in the governance bodies of sports organisations by guaranteeing equal access to sporting activities, in particular for girls and women from disadvantaged backgrounds, by promoting female participation in sport and giving women’s and men’s sports and results equal prominence and visibility; encourages Member States to develop measures enabling female athletes to reconcile their family and professional sports life and to promote gender equality into governmental policies on sport; calls on the Commission to encourage the exchange of information and good practices with regard to equal opportunities for people of both genders in sport;

| 22. | Calls on the Commission and Member States to support European organisations for the promotion and implementation of the recommendations of the European Charter of Women’s Rights in Sports; |
| --- | --- |

22.

Calls on the Commission and Member States to support European organisations for the promotion and implementation of the recommendations of the European Charter of Women’s Rights in Sports;

| 23. | Calls on the Commission and Member States to include gender mainstreaming into all its sports-related activities, with a specific focus on: access to sport for immigrant women and women from ethnic minorities, women’s access to decision-making positions in sport and media coverage of women in sport, and to ensure that sport policies and legislation are based upon sex equality; |
| --- | --- |

23.

Calls on the Commission and Member States to include gender mainstreaming into all its sports-related activities, with a specific focus on: access to sport for immigrant women and women from ethnic minorities, women’s access to decision-making positions in sport and media coverage of women in sport, and to ensure that sport policies and legislation are based upon sex equality;

| 24. | Calls on the Commission and Member States to support and encourage European research into the specific character of female sporting activities, the reasons why women and girls give up sport, and the persistence of inequalities in women’s access to sport; |
| --- | --- |

24.

Calls on the Commission and Member States to support and encourage European research into the specific character of female sporting activities, the reasons why women and girls give up sport, and the persistence of inequalities in women’s access to sport;

| 25. | Encourages the creation of women’s networks in the field of sport to promote exchange of best practices and information; |
| --- | --- |

25.

Encourages the creation of women’s networks in the field of sport to promote exchange of best practices and information;

| 26. | Underlines that parents’ prohibiting immigrant girls from taking part in sports and swimming at school cannot be tolerated or excused on cultural or religious grounds; |
| --- | --- |

26.

Underlines that parents’ prohibiting immigrant girls from taking part in sports and swimming at school cannot be tolerated or excused on cultural or religious grounds;

| 27. | Points out that while many girls play sports in younger years, many drop out during adolescence; refers in this context to research showing that girls face overt or subtle pressure from peers and families to ‘feminise’ or take on responsibilities that prohibit continued participation; encourages Member States and national sports governing bodies to develop strategies for programmes and coaches to support, in particular, girls interested in sports in developing their identity as athletes; |
| --- | --- |

27.

Points out that while many girls play sports in younger years, many drop out during adolescence; refers in this context to research showing that girls face overt or subtle pressure from peers and families to ‘feminise’ or take on responsibilities that prohibit continued participation; encourages Member States and national sports governing bodies to develop strategies for programmes and coaches to support, in particular, girls interested in sports in developing their identity as athletes;

| 28. | Stresses the need to fight against doping, while respecting athletes’ fundamental rights, with particular attention to the youngest athletes, through prevention and information campaigns; urges the Member States to treat trafficking in illegal performance-enhancing substances in the sports world in the same way as trafficking in illegal drugs and to adopt national legislation to this end seeking to improve European coordination in this field; calls on the World Anti-Doping Agency to create an easy-to-use whereabouts administration system in line with EU law and stresses the need for statistics on the use of doping and missed tests to establish a tailored approach to combat doping; |
| --- | --- |

28.

Stresses the need to fight against doping, while respecting athletes’ fundamental rights, with particular attention to the youngest athletes, through prevention and information campaigns; urges the Member States to treat trafficking in illegal performance-enhancing substances in the sports world in the same way as trafficking in illegal drugs and to adopt national legislation to this end seeking to improve European coordination in this field; calls on the World Anti-Doping Agency to create an easy-to-use whereabouts administration system in line with EU law and stresses the need for statistics on the use of doping and missed tests to establish a tailored approach to combat doping;

| 29. | Believes the accession of the EU to the Anti-Doping Convention of the Council of Europe is a necessary step to coordinate a more uniform implementation of the WADA code in the Member States; |
| --- | --- |

29.

Believes the accession of the EU to the Anti-Doping Convention of the Council of Europe is a necessary step to coordinate a more uniform implementation of the WADA code in the Member States;

| 30. | Is in favour of greater harmonisation of legislation in order to achieve effective cooperation on the part of the police and the judiciary in the fight against doping and other kinds of manipulation of sports events; |
| --- | --- |

30.

Is in favour of greater harmonisation of legislation in order to achieve effective cooperation on the part of the police and the judiciary in the fight against doping and other kinds of manipulation of sports events;

| 31. | Calls on the Member States to approach the issue of gambling addiction and the protection of minors from the risks of gambling; |
| --- | --- |

31.

Calls on the Member States to approach the issue of gambling addiction and the protection of minors from the risks of gambling;

| 32. | Is in favour of formulating clear rules on the protection of minors in competitive sport and of developing further vital protection measures in consultation with the federations; |
| --- | --- |

32.

Is in favour of formulating clear rules on the protection of minors in competitive sport and of developing further vital protection measures in consultation with the federations;

| 33. | Stresses the critical importance of dual sport and career training for young sportspersons; calls, therefore, on the Commission and the Member States, together with all the relevant actors, to draw up guidelines to ensure young sportspersons are able to pursue normal school and/or professional studies in addition to their sports training, taking account of existing best practice in the individual Member States; encourages Member States, in that regard, to take account of the relevant experience of former professional sportspersons if they wish to become trainers, to establish designed career paths for high-level athletes who decide to pursue a course of higher education, and to use their experience for the benefit of sport generally; |
| --- | --- |

33.

Stresses the critical importance of dual sport and career training for young sportspersons; calls, therefore, on the Commission and the Member States, together with all the relevant actors, to draw up guidelines to ensure young sportspersons are able to pursue normal school and/or professional studies in addition to their sports training, taking account of existing best practice in the individual Member States; encourages Member States, in that regard, to take account of the relevant experience of former professional sportspersons if they wish to become trainers, to establish designed career paths for high-level athletes who decide to pursue a course of higher education, and to use their experience for the benefit of sport generally;

| 34. | Urges Member States to develop educational programmes structured to facilitate the combination of learning and training for professional athletes; |
| --- | --- |

34.

Urges Member States to develop educational programmes structured to facilitate the combination of learning and training for professional athletes;

| 35. | Proposes that a training and qualifications framework for coaches and coach education be established and incorporated in the European Qualifications Framework and Lifelong Learning Programmes in order to advance a knowledge-based society and the development of excellence in coaching at both the amateur and professional level; |
| --- | --- |

35.

Proposes that a training and qualifications framework for coaches and coach education be established and incorporated in the European Qualifications Framework and Lifelong Learning Programmes in order to advance a knowledge-based society and the development of excellence in coaching at both the amateur and professional level;

| 36. | Highlights the role of coaches in the development and education of young people, not just in sporting skills but also in life skills; notes that coaches can provide guidance for young people to develop a healthy lifestyle; |
| --- | --- |

36.

Highlights the role of coaches in the development and education of young people, not just in sporting skills but also in life skills; notes that coaches can provide guidance for young people to develop a healthy lifestyle;

| 37. | Calls on Member States, in close consultation with the relevant federations to refuse access to stadiums to supporters who have displayed violent or discriminatory behaviour and to create a coordinated approach in setting and enforcing sanctions against them, to cooperate closely to ensure that stadium bans remain in force for international matches in Member States other than that in which they were imposed and to set up, while respecting individual rights and freedom, a European database in order to share information and to enhance cooperation by means of an improved warning system for high-risk matches; |
| --- | --- |

37.

Calls on Member States, in close consultation with the relevant federations to refuse access to stadiums to supporters who have displayed violent or discriminatory behaviour and to create a coordinated approach in setting and enforcing sanctions against them, to cooperate closely to ensure that stadium bans remain in force for international matches in Member States other than that in which they were imposed and to set up, while respecting individual rights and freedom, a European database in order to share information and to enhance cooperation by means of an improved warning system for high-risk matches;

| 38. | Takes a positive view of the Member States’ drawing up minimum safety standards for stadiums, in consultation with the European sports federations, and taking all appropriate measures to ensure that players and supporters are as safe as possible; |
| --- | --- |

38.

Takes a positive view of the Member States’ drawing up minimum safety standards for stadiums, in consultation with the European sports federations, and taking all appropriate measures to ensure that players and supporters are as safe as possible;

| 39. | Points out that, where sports take place in the natural environment, a balance must be ensured between their societal benefits and the health of the environment in which they take place; |
| --- | --- |

39.

Points out that, where sports take place in the natural environment, a balance must be ensured between their societal benefits and the health of the environment in which they take place;

| 40. | Underlines the potential of sporting events for tourism at local and national level and calls on the Member States to aid the development of this branch of economic and commercial activities; |
| --- | --- |

40.

Underlines the potential of sporting events for tourism at local and national level and calls on the Member States to aid the development of this branch of economic and commercial activities;

The economic dimension of sport

| 41. | Is in favour of the special nature of sport being recognised in the field of the internal market and competition law and therefore reiterates its call for the Commission to adopt guidelines on the application of EU law to sport in order to rectify the many legal uncertainties; |
| --- | --- |

41.

Is in favour of the special nature of sport being recognised in the field of the internal market and competition law and therefore reiterates its call for the Commission to adopt guidelines on the application of EU law to sport in order to rectify the many legal uncertainties;

| 42. | Notes that sponsorship provides a vital financial lifeline and many possibilities in sport, with respect for the financial fair play principles; |
| --- | --- |

42.

Notes that sponsorship provides a vital financial lifeline and many possibilities in sport, with respect for the financial fair play principles;

| 43. | Calls on the Commission and the Member States to accord a high status to voluntary activities in sport; reiterates the importance of volunteers in sport and stresses the need to establish a framework of social recognition and to provide volunteers with proper training, it is in favour of an exchange of information and best practice between Member States in order to promote volunteering in sport and of exploring the feasibility of a legal and tax framework that is suitable for the activities of sports associations; |
| --- | --- |

43.

Calls on the Commission and the Member States to accord a high status to voluntary activities in sport; reiterates the importance of volunteers in sport and stresses the need to establish a framework of social recognition and to provide volunteers with proper training, it is in favour of an exchange of information and best practice between Member States in order to promote volunteering in sport and of exploring the feasibility of a legal and tax framework that is suitable for the activities of sports associations;

| 44. | Calls on the Commission and the Member States to create a system for the recognition of qualifications gained by volunteers and of qualifications required for regulated sport-related professions; |
| --- | --- |

44.

Calls on the Commission and the Member States to create a system for the recognition of qualifications gained by volunteers and of qualifications required for regulated sport-related professions;

| 45. | Stresses that the mutual recognition of courses and specialist training within a unified European framework for professionals working in sport as specialists (referees, coaches) is particularly important as it makes a long-term contribution to increasing competitiveness, which would in turn enable major revenue loss to be avoided; |
| --- | --- |

45.

Stresses that the mutual recognition of courses and specialist training within a unified European framework for professionals working in sport as specialists (referees, coaches) is particularly important as it makes a long-term contribution to increasing competitiveness, which would in turn enable major revenue loss to be avoided;

| 46. | Encourages Member States to ensure higher education for sportspeople and a harmonised recognition of their sports and education qualifications to enhance professional mobility; |
| --- | --- |

46.

Encourages Member States to ensure higher education for sportspeople and a harmonised recognition of their sports and education qualifications to enhance professional mobility;

| 47. | In addition, encourages the Member States to improve structures for former sportspeople returning to the labour market and their integration into a career after professional sport; |
| --- | --- |

47.

In addition, encourages the Member States to improve structures for former sportspeople returning to the labour market and their integration into a career after professional sport;

| 48. | Calls on the Member States to consider ways of alleviating the financial burden on the lowest-paid professional sportspersons, who have brief and fluctuating careers; reiterates that professional sportspeople, who are categorised as athletes, and the majority of whose earnings come from sport, should be entitled to the same social security rights as workers; |
| --- | --- |

48.

Calls on the Member States to consider ways of alleviating the financial burden on the lowest-paid professional sportspersons, who have brief and fluctuating careers; reiterates that professional sportspeople, who are categorised as athletes, and the majority of whose earnings come from sport, should be entitled to the same social security rights as workers;

| 49. | Considers social dialogue in sport an appropriate way for finding the balance between the fundamental rights and employment rights of sportspeople combined with the specific nature of sport; |
| --- | --- |

49.

Considers social dialogue in sport an appropriate way for finding the balance between the fundamental rights and employment rights of sportspeople combined with the specific nature of sport;

| 50. | Believes that, in the constantly evolving economic dimension of the sport industry, immediate improvements to sport-related issues are needed in crucial areas such as the free movement of workers and services, freedom of establishment, recognition of professional qualifications, intellectual property rights and state aid rules in order to guarantee that the sports industry takes full advantage of the benefits of the internal market; |
| --- | --- |

50.

Believes that, in the constantly evolving economic dimension of the sport industry, immediate improvements to sport-related issues are needed in crucial areas such as the free movement of workers and services, freedom of establishment, recognition of professional qualifications, intellectual property rights and state aid rules in order to guarantee that the sports industry takes full advantage of the benefits of the internal market;

| 51. | Underlines the fundamental importance of commercial exploitation of audiovisual rights for sport competitions being carried out on a centralised, exclusive and territorial basis with a view to guaranteeing that revenues are distributed fairly between elite and mass-participation sport; |
| --- | --- |

51.

Underlines the fundamental importance of commercial exploitation of audiovisual rights for sport competitions being carried out on a centralised, exclusive and territorial basis with a view to guaranteeing that revenues are distributed fairly between elite and mass-participation sport;

| 52. | Believes that sporting events which are regarded as being of major importance for society should be accessible to the widest possible range of people; calls on Member States which have not done so to take measures to ensure that broadcasters under its jurisdiction do not broadcast such events on an exclusive basis; |
| --- | --- |

52.

Believes that sporting events which are regarded as being of major importance for society should be accessible to the widest possible range of people; calls on Member States which have not done so to take measures to ensure that broadcasters under its jurisdiction do not broadcast such events on an exclusive basis;

| 53. | Acknowledges the right for journalists to access and report on organised sporting events of public interest in order to safeguard the right of the public to obtain and receive independent news and information on sporting events; |
| --- | --- |

53.

Acknowledges the right for journalists to access and report on organised sporting events of public interest in order to safeguard the right of the public to obtain and receive independent news and information on sporting events;

| 54. | Calls on the Commission and the Member States to protect intellectual property rights in respect of sports content, with due regard for the public’s right to information; |
| --- | --- |

54.

Calls on the Commission and the Member States to protect intellectual property rights in respect of sports content, with due regard for the public’s right to information;

| 55. | Considers that betting on sport is a form of commercial exploitation of competitions and calls on the Commission and the Member States to protect betting from unauthorised activities, from unlicensed operators and from suspicions of match fixing, in particular by recognising organisers’ property rights with regard to their competitions, guaranteeing a significant contribution from betting operators towards funding mass-participation and grassroots sports and by protecting the integrity of competitions with an emphasis on education for athletes; considers, however, that such property rights should not prejudice the right of short reporting as stipulated by Directive 2007/65/EC (Audiovisual Media Services Directive); |
| --- | --- |

55.

Considers that betting on sport is a form of commercial exploitation of competitions and calls on the Commission and the Member States to protect betting from unauthorised activities, from unlicensed operators and from suspicions of match fixing, in particular by recognising organisers’ property rights with regard to their competitions, guaranteeing a significant contribution from betting operators towards funding mass-participation and grassroots sports and by protecting the integrity of competitions with an emphasis on education for athletes; considers, however, that such property rights should not prejudice the right of short reporting as stipulated by Directive 2007/65/EC (Audiovisual Media Services Directive);

| 56. | Reiterates its request that the Commission draw up guidelines on state aid, indicating what type of public support is legitimate with a view to achieving the social, cultural and educational goals of sport; |
| --- | --- |

56.

Reiterates its request that the Commission draw up guidelines on state aid, indicating what type of public support is legitimate with a view to achieving the social, cultural and educational goals of sport;

| 57. | Calls on the Member States to take effective action to fight corruption and promote ethics in sport; regards it as essential, therefore, that each country introduce strict rules on the financial supervision of sports clubs; |
| --- | --- |

57.

Calls on the Member States to take effective action to fight corruption and promote ethics in sport; regards it as essential, therefore, that each country introduce strict rules on the financial supervision of sports clubs;

| 58. | Encourages sports associations to cooperate with law enforcement agencies, among other things by means of sharing information, in the interest of an adequate and efficient approach to tackling match fixing and other fraud in sports; |
| --- | --- |

58.

Encourages sports associations to cooperate with law enforcement agencies, among other things by means of sharing information, in the interest of an adequate and efficient approach to tackling match fixing and other fraud in sports;

| 59. | Calls on the Commission to propose concrete measures to secure the funding of sport generated by lotteries; |
| --- | --- |

59.

Calls on the Commission to propose concrete measures to secure the funding of sport generated by lotteries;

| 60. | Points out that the introduction by the Commission of satellite accounting in the sport sector is extremely timely, as it enables activities connected with sport to be assessed at national level in accordance with uniform standards, which makes it possible to detect anomalies and brings added value to the European economy and the single market; |
| --- | --- |

60.

Points out that the introduction by the Commission of satellite accounting in the sport sector is extremely timely, as it enables activities connected with sport to be assessed at national level in accordance with uniform standards, which makes it possible to detect anomalies and brings added value to the European economy and the single market;

| 61. | Calls on the Commission and the Member States to take practical action to promote exchanges of good practice and foster closer cooperation with regard to technical aspects and sports-related research; |
| --- | --- |

61.

Calls on the Commission and the Member States to take practical action to promote exchanges of good practice and foster closer cooperation with regard to technical aspects and sports-related research;

| 62. | Considers the role of local and regional authorities in developing the European dimension of sport to be fundamental because their institutional tasks include providing services for the public in the field of sport and allocating funding for sporting activities and for the facilities they require; |
| --- | --- |

62.

Considers the role of local and regional authorities in developing the European dimension of sport to be fundamental because their institutional tasks include providing services for the public in the field of sport and allocating funding for sporting activities and for the facilities they require;

| 63. | Insists that grassroots sport should benefit from the European Regional Development Fund and the European Social Fund, which should allow for investment in sports infrastructure and urges the Commission and the Member States to provide the Union with a specific budget programme in the field of sport, as is now possible under Article 165 TFEU; |
| --- | --- |

63.

Insists that grassroots sport should benefit from the European Regional Development Fund and the European Social Fund, which should allow for investment in sports infrastructure and urges the Commission and the Member States to provide the Union with a specific budget programme in the field of sport, as is now possible under Article 165 TFEU;

Organisation of sport

| 64. | Notes that sports structures in Europe are based on the principles of nationality and territoriality; |
| --- | --- |

64.

Notes that sports structures in Europe are based on the principles of nationality and territoriality;

| 65. | Reaffirms its attachment to the European model of sport, within which federations play a central role and which has various actors, including supporters, players, clubs, leagues, associations and volunteers at its base, which have a fundamental role in supporting the entire sport structure; |
| --- | --- |

65.

Reaffirms its attachment to the European model of sport, within which federations play a central role and which has various actors, including supporters, players, clubs, leagues, associations and volunteers at its base, which have a fundamental role in supporting the entire sport structure;

| 66. | Calls for a reduction in the barriers to volunteering in sport across the EU; |
| --- | --- |

66.

Calls for a reduction in the barriers to volunteering in sport across the EU;

| 67. | Emphasises the important role played by local bodies in promoting sport for all within society and calls on these bodies to be actively involved in the European forums for debate and dialogue aimed at the sports world; |
| --- | --- |

67.

Emphasises the important role played by local bodies in promoting sport for all within society and calls on these bodies to be actively involved in the European forums for debate and dialogue aimed at the sports world;

| 68. | Recalls that good governance in sport is a condition for the autonomy and self-regulation of sports organisations, in compliance with the principles of transparency, accountability and democracy and stresses the need for a zero-tolerance policy on corruption in sport; underlines the need for appropriate representation of all stakeholders in the decision-making process; |
| --- | --- |

68.

Recalls that good governance in sport is a condition for the autonomy and self-regulation of sports organisations, in compliance with the principles of transparency, accountability and democracy and stresses the need for a zero-tolerance policy on corruption in sport; underlines the need for appropriate representation of all stakeholders in the decision-making process;

| 69. | Calls on Member States and sports governing bodies to actively stimulate the social and democratic role of sport fans who support the principles of fair play, by promoting their involvement in the ownership and governance structures at their sports clubs and as important stakeholders in sports governing bodies; |
| --- | --- |

69.

Calls on Member States and sports governing bodies to actively stimulate the social and democratic role of sport fans who support the principles of fair play, by promoting their involvement in the ownership and governance structures at their sports clubs and as important stakeholders in sports governing bodies;

| 70. | Maintains that sporting clubs should make players available when they are selected for national teams, while recognising their contribution to the success of major national team tournaments, which might include insurance mechanisms, and emphasises that a ‘one size fits all’ approach cannot be applied to all sports; |
| --- | --- |

70.

Maintains that sporting clubs should make players available when they are selected for national teams, while recognising their contribution to the success of major national team tournaments, which might include insurance mechanisms, and emphasises that a ‘one size fits all’ approach cannot be applied to all sports;

| 71. | Underlines that training for players at local level and investments in sports education are needed for the sustainable development of the sports movement in Europe and the diffusion of its positive influence on individuals and society; considers it necessary, therefore to ensure that high-level sport does not affect the development of young sportsmen, amateur sports and the essential role of grassroots sporting organisations; emphasises the need for the equivalence and recognition of diplomas and qualifications in sports; |
| --- | --- |

71.

Underlines that training for players at local level and investments in sports education are needed for the sustainable development of the sports movement in Europe and the diffusion of its positive influence on individuals and society; considers it necessary, therefore to ensure that high-level sport does not affect the development of young sportsmen, amateur sports and the essential role of grassroots sporting organisations; emphasises the need for the equivalence and recognition of diplomas and qualifications in sports;

| 72. | Reaffirms its commitment to the home-grown player rule, and considers that could be a model for other professional leagues in Europe; supports further efforts of sports governing bodies that stimulate the training of local young players within the limits of EU law thus strengthening the competitive balance within competitions and the healthy development of the European sports model; |
| --- | --- |

72.

Reaffirms its commitment to the home-grown player rule, and considers that could be a model for other professional leagues in Europe; supports further efforts of sports governing bodies that stimulate the training of local young players within the limits of EU law thus strengthening the competitive balance within competitions and the healthy development of the European sports model;

| 73. | Considers that the development of new talent is one of the core activities of a sports club, and that an over-dependence on the transfer of players can undermine sporting values; |
| --- | --- |

73.

Considers that the development of new talent is one of the core activities of a sports club, and that an over-dependence on the transfer of players can undermine sporting values;

| 74. | Underlines the importance of training allowances, as these provide an effective protection mechanism for training centres and a fair return on investment; |
| --- | --- |

74.

Underlines the importance of training allowances, as these provide an effective protection mechanism for training centres and a fair return on investment;

| 75. | Considers that the profession of sports agents should be a regulated professional activity, and subject to an adequate official qualification and that sports agents’ fiscal residence should be within EU territory in the interest of transparency; calls on the Commission to draw up and implement, in cooperation with the sports federations, players’ unions and agents’ associations, a European licensing and registration system accompanied by a code of conduct and a sanctioning mechanism; |
| --- | --- |

75.

Considers that the profession of sports agents should be a regulated professional activity, and subject to an adequate official qualification and that sports agents’ fiscal residence should be within EU territory in the interest of transparency; calls on the Commission to draw up and implement, in cooperation with the sports federations, players’ unions and agents’ associations, a European licensing and registration system accompanied by a code of conduct and a sanctioning mechanism;

| 76. | Proposes the setting up by sports federations of a non-public European register of sports agents, in which agents would list the names of the players that they represent, so as to protect athletes, in particular those below the age of 18 so as to limit the risk of conflicts of interest; takes the view that the payment of agents’ fees for transfers should be made in a number of instalments throughout the duration of the contract, which is entered into by the sportsperson as a result of the transfer, with full payment being dependent on that contract being fulfilled; |
| --- | --- |

76.

Proposes the setting up by sports federations of a non-public European register of sports agents, in which agents would list the names of the players that they represent, so as to protect athletes, in particular those below the age of 18 so as to limit the risk of conflicts of interest; takes the view that the payment of agents’ fees for transfers should be made in a number of instalments throughout the duration of the contract, which is entered into by the sportsperson as a result of the transfer, with full payment being dependent on that contract being fulfilled;

| 77. | Calls on Member States to supplement existing regulatory provisions governing players’ agents / intermediaries with deterrent sanctions and to implement these sanctions rigorously; |
| --- | --- |

77.

Calls on Member States to supplement existing regulatory provisions governing players’ agents / intermediaries with deterrent sanctions and to implement these sanctions rigorously;

| 78. | Calls on sports governing bodies to enhance transparency with regard to players’ agents’ activities and to cooperate with Member States’ authorities to eradicate corrupt practices; |
| --- | --- |

78.

Calls on sports governing bodies to enhance transparency with regard to players’ agents’ activities and to cooperate with Member States’ authorities to eradicate corrupt practices;

| 79. | Welcomes the study carried out at the Commission’s request on the economic and legal impact of player transfers; also takes the view that the action taken by sports federations to make international transfers more transparent should be supported; |
| --- | --- |

79.

Welcomes the study carried out at the Commission’s request on the economic and legal impact of player transfers; also takes the view that the action taken by sports federations to make international transfers more transparent should be supported;

| 80. | Expresses the view that systems implemented by sports governing bodies in bringing more transparency to the international transfers of players, constitute a step in the right direction, as they serve the principle of good governance and aim at ensuring integrity in sporting competitions; |
| --- | --- |

80.

Expresses the view that systems implemented by sports governing bodies in bringing more transparency to the international transfers of players, constitute a step in the right direction, as they serve the principle of good governance and aim at ensuring integrity in sporting competitions;

| 81. | Clearly states its support for licensing systems and financial fair play, as they encourage clubs to compete within their actual financial means; |
| --- | --- |

81.

Clearly states its support for licensing systems and financial fair play, as they encourage clubs to compete within their actual financial means;

| 82. | Considers that these measures are helping to improve governance, restore long-term financial stability and sustainability of clubs and contribute to financial fairness in European competitions, and therefore asks the European Commission to recognise the compatibility of such rules with EU law; |
| --- | --- |

82.

Considers that these measures are helping to improve governance, restore long-term financial stability and sustainability of clubs and contribute to financial fairness in European competitions, and therefore asks the European Commission to recognise the compatibility of such rules with EU law;

| 83. | Welcomes the efforts of sports federations to ban the ownership of more than one sports club engaged in the same competition; takes the view that betting operators should be prohibited from holding a controlling stake in a body which organises or participates in competitions, and that bodies which organise or participate in competitions should be prohibited from holding a controlling stake in an operator offering bets on the events they organise or in which they participate; |
| --- | --- |

83.

Welcomes the efforts of sports federations to ban the ownership of more than one sports club engaged in the same competition; takes the view that betting operators should be prohibited from holding a controlling stake in a body which organises or participates in competitions, and that bodies which organise or participate in competitions should be prohibited from holding a controlling stake in an operator offering bets on the events they organise or in which they participate;

| 84. | Urges Member States to take all necessary action to prevent and punish illegal activities affecting the integrity of sport and making such activities a criminal offence; in particular where such they are betting-related, meaning that they involve the intentional and fraudulent manipulation of the results of a sport competition or of a phase of it in order to gain an advantage not based solely on normal sporting practice or the associated uncertainty; |
| --- | --- |

84.

Urges Member States to take all necessary action to prevent and punish illegal activities affecting the integrity of sport and making such activities a criminal offence; in particular where such they are betting-related, meaning that they involve the intentional and fraudulent manipulation of the results of a sport competition or of a phase of it in order to gain an advantage not based solely on normal sporting practice or the associated uncertainty;

| 85. | Urges sport federations to work closely with Member States in order to protect the integrity of sport; |
| --- | --- |

85.

Urges sport federations to work closely with Member States in order to protect the integrity of sport;

| 86. | Calls on the European Commissions to tackle the opacity of transfers and match-fixing, as announced in its EU anti-corruption strategy, by establishing minimum rules concerning the definition of criminal offences in this field; |
| --- | --- |

86.

Calls on the European Commissions to tackle the opacity of transfers and match-fixing, as announced in its EU anti-corruption strategy, by establishing minimum rules concerning the definition of criminal offences in this field;

| 87. | Is deeply concerned at the serious illegal activities taking place in sport, such as money laundering, and calls on the Member States to step up their cooperation to tackle these issues and to ensure greater transparency in financial transactions conducted as part of player transfers and agents’ activities; |
| --- | --- |

87.

Is deeply concerned at the serious illegal activities taking place in sport, such as money laundering, and calls on the Member States to step up their cooperation to tackle these issues and to ensure greater transparency in financial transactions conducted as part of player transfers and agents’ activities;

| 88. | Maintains that it is essential to develop instruments designed to foster cooperation between public authorities, sports authorities and gambling operators in relation to cases of sports fraud, and that cooperation with Europol and Eurojust could be envisaged; |
| --- | --- |

88.

Maintains that it is essential to develop instruments designed to foster cooperation between public authorities, sports authorities and gambling operators in relation to cases of sports fraud, and that cooperation with Europol and Eurojust could be envisaged;

| 89. | Recognises the legitimacy of sports courts for resolving disputes in sport, as long as they respect people’s fundamental rights to a fair trial; calls for the Court of Arbitration for Sport (CAS) to take into account EU law provisions when it comes to settlement of sport disputes within the EU disputes arising within the EU; |
| --- | --- |

89.

Recognises the legitimacy of sports courts for resolving disputes in sport, as long as they respect people’s fundamental rights to a fair trial; calls for the Court of Arbitration for Sport (CAS) to take into account EU law provisions when it comes to settlement of sport disputes within the EU disputes arising within the EU;

| 90. | Calls on the Commission to submit, by 2012, a proposal aimed at gaining a better understanding of the specific needs of the sports sector and taking practical action to address them, with full regard to the provisions of Article 165 TFEU; |
| --- | --- |

90.

Calls on the Commission to submit, by 2012, a proposal aimed at gaining a better understanding of the specific needs of the sports sector and taking practical action to address them, with full regard to the provisions of Article 165 TFEU;

Cooperation with non-member States and international organisations

| 91. | Calls on the Commission and the Member States to cooperate with non-member states on issues such as international player transfers, exploitation of underage players, match fixing piracy and illegal betting; also stresses the need to step up international cooperation with regard to the promotion of sport in developing countries; |
| --- | --- |

91.

Calls on the Commission and the Member States to cooperate with non-member states on issues such as international player transfers, exploitation of underage players, match fixing piracy and illegal betting; also stresses the need to step up international cooperation with regard to the promotion of sport in developing countries;

| 92. | Looks forward to the results of systems put in place for monitoring transparency and financial fair play and for combating corruption and human trafficking; stresses the need for the system to comply with EU law and data protection rules; calls on SGBs to link data from the TMS with other anti-corruption systems with a view to more effective monitoring to combat match fixing; |
| --- | --- |

92.

Looks forward to the results of systems put in place for monitoring transparency and financial fair play and for combating corruption and human trafficking; stresses the need for the system to comply with EU law and data protection rules; calls on SGBs to link data from the TMS with other anti-corruption systems with a view to more effective monitoring to combat match fixing;

| 93. | Stresses the need to address unauthorised EU- and non-EU-based gambling operators as these are able to avoid sports fraud monitoring systems; |
| --- | --- |

93.

Stresses the need to address unauthorised EU- and non-EU-based gambling operators as these are able to avoid sports fraud monitoring systems;

| 94. | Calls on the Commission and the Member States to promote in all cooperation with non-member states the global respect of Olympic rules and regulations; |
| --- | --- |

94.

Calls on the Commission and the Member States to promote in all cooperation with non-member states the global respect of Olympic rules and regulations;

| 95. | Calls on clubs to ensure compliance with immigration laws when they sign up young people from non-member States, and to ensure that all the terms of their contract comply with the law in force; calls for young athletes to be able to return to their country of origin under satisfactory conditions if they so wish, in particular if their career does not take off; emphasises, in this connection, that it is essential to enforce the relevant legislation; |
| --- | --- |

95.

Calls on clubs to ensure compliance with immigration laws when they sign up young people from non-member States, and to ensure that all the terms of their contract comply with the law in force; calls for young athletes to be able to return to their country of origin under satisfactory conditions if they so wish, in particular if their career does not take off; emphasises, in this connection, that it is essential to enforce the relevant legislation;

| 96. | Stresses the need to boost the protection of minors in the context of international transfers; takes the view that international transfers are potentially dangerous for young athletes, who are extremely vulnerable because they have left their families and countries at a young age and should therefore receive ongoing attention from sports organisations; |
| --- | --- |

96.

Stresses the need to boost the protection of minors in the context of international transfers; takes the view that international transfers are potentially dangerous for young athletes, who are extremely vulnerable because they have left their families and countries at a young age and should therefore receive ongoing attention from sports organisations;

| 97. | Calls on the Commission and the European External Action Service to promote, despite rules or obligations imposed on women related to cultural, traditional, historical or religious factors in society, the absolute freedom to exercise any kind of sport for both women and men; |
| --- | --- |

97.

Calls on the Commission and the European External Action Service to promote, despite rules or obligations imposed on women related to cultural, traditional, historical or religious factors in society, the absolute freedom to exercise any kind of sport for both women and men;

European identity through sport

| 98. | Calls on the Commission to expand the existing programmes that promote sport as an instrument of its development policy and to launch new initiatives in this field; |
| --- | --- |

98.

Calls on the Commission to expand the existing programmes that promote sport as an instrument of its development policy and to launch new initiatives in this field;

| 99. | Calls on the Commission:






  — | to organise a ‘European Day of Sports’ every year which promotes the social and cultural role of amateur and professional sports and the benefits of sport in terms of public health; |
| --- | --- | --- |

99.

Calls on the Commission:

—

to organise a ‘European Day of Sports’ every year which promotes the social and cultural role of amateur and professional sports and the benefits of sport in terms of public health;

| — | to support the designation of a ‘European capital of sport’ every year, under the leadership of ACES (European Capitals of Sport Association), with financial support and the necessary controls; |
| --- | --- |

—

to support the designation of a ‘European capital of sport’ every year, under the leadership of ACES (European Capitals of Sport Association), with financial support and the necessary controls;

| — | to support local, traditional, indigenous sports which are part of the rich cultural and historic diversity of the EU, symbolising the motto of ‘United in Diversity’, by raising awareness of these games through, inter alia, the promotion of a European map and European festivals; |
| --- | --- |

—

to support local, traditional, indigenous sports which are part of the rich cultural and historic diversity of the EU, symbolising the motto of ‘United in Diversity’, by raising awareness of these games through, inter alia, the promotion of a European map and European festivals;

| — | to set up a mobility programme and relevant measures for young amateur athletes and coaches to enable them to learn new training methods, establish best practice and develop European values through sport such as fair play, respect and social inclusion and to encourage intercultural dialogue; |
| --- | --- |

—

to set up a mobility programme and relevant measures for young amateur athletes and coaches to enable them to learn new training methods, establish best practice and develop European values through sport such as fair play, respect and social inclusion and to encourage intercultural dialogue;

| — | to help facilitate a mobility programme for exchange in sports coaches; |
| --- | --- |

—

to help facilitate a mobility programme for exchange in sports coaches;

| — | to work with Member States and sporting organisations to protect the fundamental integrity of grassroots sport; |
| --- | --- |

—

to work with Member States and sporting organisations to protect the fundamental integrity of grassroots sport;

| — | to support Member States’ work on data collection and research in order to exchange best practice; |
| --- | --- |

—

to support Member States’ work on data collection and research in order to exchange best practice;

| 100. | Suggests that the European flag should be flown at major international sports events held on the EU territory and suggests to sports federations to consider the idea of having it displayed on the clothing of athletes from Member States, alongside the national flags; underlines that it should be entirely voluntary and up to Member States and sports organisations to decide whether they will use the aforementioned option; |
| --- | --- |

100.

Suggests that the European flag should be flown at major international sports events held on the EU territory and suggests to sports federations to consider the idea of having it displayed on the clothing of athletes from Member States, alongside the national flags; underlines that it should be entirely voluntary and up to Member States and sports organisations to decide whether they will use the aforementioned option;

*

* *

| 101. | Instructs its President to forward this resolution to the Council and the Commission, the governments and parliaments of the Member States, and to European, international and national sports federations. |
| --- | --- |

101.

Instructs its President to forward this resolution to the Council and the Commission, the governments and parliaments of the Member States, and to European, international and national sports federations.

---

(1)  OJ C 68 E, 18.3.2004, p. 605.

(2)  OJ C 104 E, 30.4.2004, p. 1067.

(3)  OJ C 33 E, 9.2.2006, p. 590.

(4)  OJ C 291 E, 30.11.2006, p. 143.

(5)  OJ C 291 E, 30.11.2006, p. 292.

(6)  OJ C 27 E, 31.1.2008, p. 232.

(7)  OJ C 282 E, 6.11.2008, p. 131.

(8)  OJ C 271 E, 12.11.2009, p. 51.

(9)  OJ C 76 E, 25.3.2010, p. 16.

(10)  OJ C 87 E, 1.4.2010, p. 30.

(11)  P7_TA(2011)0316.

(12)  Texts adopted, P7_TA(2010)0498

(13)  OJ C 326, 3.12.2010, p. 5.

(14)  OJ C 162, 1.6.2011, p. 1.

(15)  Almaty, Kazakhstan, 5-6 November 2006.

(16)  CdR 66/2011 fin.

(17)  CESE 1594/2011 – SOC /413.

---

| 20.8.2013 | EN | Official Journal of the European Union | CE 239/60 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

CE 239/60

---

Thursday 2 February 2012Application of waste management directive

P7_TA(2012)0026

European Parliament resolution of 2 February 2012 on the issues raised by petitioners in relation to the application of the Waste Management Directive, and related directives, in the Member States of the European Union (2011/2038(INI))

2013/C 239 E/10

The European Parliament,

| — | having regard to the right of petition enshrined in Article 227 TFEU; |
| --- | --- |

—

having regard to the right of petition enshrined in Article 227 TFEU;

| — | having regard to the petitions received and contained in the annex of the report of the Committee on Petitions (A7-0335/2011); |
| --- | --- |

—

having regard to the petitions received and contained in the annex of the report of the Committee on Petitions (A7-0335/2011);

| — | having regard to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (1); |
| --- | --- |

—

having regard to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (1);

| — | having regard to Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (2); |
| --- | --- |

—

having regard to Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (2);

| — | having regard to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (3); |
| --- | --- |

—

having regard to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (3);

| — | having regard to Directive 2000/76/EC of the European Parliament and the Council of 4 December 2000 on the incineration of waste (4); |
| --- | --- |

—

having regard to Directive 2000/76/EC of the European Parliament and the Council of 4 December 2000 on the incineration of waste (4);

| — | having regard to Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (SEA) (5); |
| --- | --- |

—

having regard to Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (SEA) (5);

| — | having regard to Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (6); |
| --- | --- |

—

having regard to Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (6);

| — | having regard to Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (7) (EIA); |
| --- | --- |

—

having regard to Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC (7) (EIA);

| — | having regard to the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus, Denmark, 25 June 1998); |
| --- | --- |

—

having regard to the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus, Denmark, 25 June 1998);

| — | having regard to the expert study ‘Waste management in Europe: main problems and best practices’ of July 2011; |
| --- | --- |

—

having regard to the expert study ‘Waste management in Europe: main problems and best practices’ of July 2011;

| — | having regard to Rule 202(2) of its Rules of Procedure; |
| --- | --- |

—

having regard to Rule 202(2) of its Rules of Procedure;

| — | having regard to the report of the Committee on Petitions (A7-0335/2011); |
| --- | --- |

—

having regard to the report of the Committee on Petitions (A7-0335/2011);

| A. | whereas the Committee on Petitions has received and declared admissible 114 petitions over the period 2004-2010 alleging breaches of this regulatory framework from the following Member States: Italy, Greece, France, Spain, Ireland (over 10 petitions each), Bulgaria, the UK, Poland, Romania, Germany (3-10 petitions each), Austria, Hungary, Lithuania, Malta, Portugal and Slovakia (1 petition each); |
| --- | --- |

A.

whereas the Committee on Petitions has received and declared admissible 114 petitions over the period 2004-2010 alleging breaches of this regulatory framework from the following Member States: Italy, Greece, France, Spain, Ireland (over 10 petitions each), Bulgaria, the UK, Poland, Romania, Germany (3-10 petitions each), Austria, Hungary, Lithuania, Malta, Portugal and Slovakia (1 petition each);

| B. | whereas the Committee on Petitions has drafted five reports on fact-finding visits related to petitions on waste to Ireland (8), Fos-sur-Mer (France) (9), Path Head landfill (UK) (10), Campania (Italy) (11) and Huelva (Spain) (12); |
| --- | --- |

B.

whereas the Committee on Petitions has drafted five reports on fact-finding visits related to petitions on waste to Ireland (8), Fos-sur-Mer (France) (9), Path Head landfill (UK) (10), Campania (Italy) (11) and Huelva (Spain) (12);

| C. | whereas petitions on environmental issues consistently constitute the primary group of petitions received and those on waste represent an important sub-group, and whereas concern about waste affects citizens very directly throughout the EU, notably as regards the permitting procedure for new waste management facilities or the operation of existing ones, followed by concerns about the overall management of waste; |
| --- | --- |

C.

whereas petitions on environmental issues consistently constitute the primary group of petitions received and those on waste represent an important sub-group, and whereas concern about waste affects citizens very directly throughout the EU, notably as regards the permitting procedure for new waste management facilities or the operation of existing ones, followed by concerns about the overall management of waste;

| D. | whereas a large majority of petitions on waste concern waste management facilities, with about 40% concerning the permitting procedure for planned new plants and another 40% referring to the operation of existing ones, of which 75% concern landfills and 25% concern incinerators, while the remaining petitions raise problems of overall waste management; |
| --- | --- |

D.

whereas a large majority of petitions on waste concern waste management facilities, with about 40% concerning the permitting procedure for planned new plants and another 40% referring to the operation of existing ones, of which 75% concern landfills and 25% concern incinerators, while the remaining petitions raise problems of overall waste management;

| E. | whereas the most recent figures from Eurostat (2009) show that EU citizens produce on average 513 kg of waste per year, with many new Member States well below the average and the most industrialised countries in the lead; |
| --- | --- |

E.

whereas the most recent figures from Eurostat (2009) show that EU citizens produce on average 513 kg of waste per year, with many new Member States well below the average and the most industrialised countries in the lead;

| F. | whereas those countries which produce the most waste show the highest rates for recycling, composting and incineration of waste for energy, while approaching or having reached zero for landfilling, whilst by contrast, those Member States which produce the least average waste are at the top of the league for landfilling and show much lower rates of recycling and even incineration; |
| --- | --- |

F.

whereas those countries which produce the most waste show the highest rates for recycling, composting and incineration of waste for energy, while approaching or having reached zero for landfilling, whilst by contrast, those Member States which produce the least average waste are at the top of the league for landfilling and show much lower rates of recycling and even incineration;

| G. | whereas some incinerators suffer from a lack of appropriate infrastructure for the separation and treatment of waste; whereas there do not appear to be clear limits for the kind of waste incinerated and concerns remain over the fate of toxic ash resulting from incineration; |
| --- | --- |

G.

whereas some incinerators suffer from a lack of appropriate infrastructure for the separation and treatment of waste; whereas there do not appear to be clear limits for the kind of waste incinerated and concerns remain over the fate of toxic ash resulting from incineration;

| H. | whereas Directive 2008/98/EC on Waste (the Waste Framework Directive (WFD)) lays down rules designed to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use, providing benefits to EU citizens in terms of health and well-being while at the same time achieving an environmentally sustainable method of waste disposal; |
| --- | --- |

H.

whereas Directive 2008/98/EC on Waste (the Waste Framework Directive (WFD)) lays down rules designed to protect the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use, providing benefits to EU citizens in terms of health and well-being while at the same time achieving an environmentally sustainable method of waste disposal;

| I. | whereas Directive 2008/99/EC on the protection of the environment through criminal law defines a minimum number of serious environment-related offences and requires Member States to provide for more dissuasive criminal penalties for this type of offence when committed intentionally or as a result of gross negligence; |
| --- | --- |

I.

whereas Directive 2008/99/EC on the protection of the environment through criminal law defines a minimum number of serious environment-related offences and requires Member States to provide for more dissuasive criminal penalties for this type of offence when committed intentionally or as a result of gross negligence;

| J. | whereas a waste management strategy in compliance with the WFD has to guarantee that all waste is collected and directed to a network of appropriate waste treatment plants for recovery and ultimately disposal, which must include measures to reduce waste generation at source; |
| --- | --- |

J.

whereas a waste management strategy in compliance with the WFD has to guarantee that all waste is collected and directed to a network of appropriate waste treatment plants for recovery and ultimately disposal, which must include measures to reduce waste generation at source;

| K. | whereas in some regions, such as Fos-sur-Mer (France – 2008), Path Head (UK – 2009), Huelva (Spain – 2009) and Campania (Italy – 2011), the progress made in relation to waste reduction and recycling of household waste has been minimal, and whereas household and other waste has continued to be taken indiscriminately to landfills, in some cases apparently mixed with different types of industrial waste; |
| --- | --- |

K.

whereas in some regions, such as Fos-sur-Mer (France – 2008), Path Head (UK – 2009), Huelva (Spain – 2009) and Campania (Italy – 2011), the progress made in relation to waste reduction and recycling of household waste has been minimal, and whereas household and other waste has continued to be taken indiscriminately to landfills, in some cases apparently mixed with different types of industrial waste;

| L. | whereas the deadline for transposition of the WFD was December 2010, yet only six Member States complied, and the Commission is taking active measures to ensure that the remainder complete transposition and begin implementation urgently; |
| --- | --- |

L.

whereas the deadline for transposition of the WFD was December 2010, yet only six Member States complied, and the Commission is taking active measures to ensure that the remainder complete transposition and begin implementation urgently;

| M. | whereas household waste should be managed in compliance with the waste hierarchy, which is built on prevention, reduction, reuse, recycling, recovery (e.g. energy) and disposal, in accordance with Article 4 of the WFD; |
| --- | --- |

M.

whereas household waste should be managed in compliance with the waste hierarchy, which is built on prevention, reduction, reuse, recycling, recovery (e.g. energy) and disposal, in accordance with Article 4 of the WFD;

| N. | whereas a resource-efficient Europe is one of the flagship targets of the Europe 2020 Strategy and the WFD introduced a 50% target for recycling of municipal waste, to be met by 2020 in all Member States, recognising that developing the EU into a circular and green economy that uses waste as a resource is an important element of the resource efficiency goal; |
| --- | --- |

N.

whereas a resource-efficient Europe is one of the flagship targets of the Europe 2020 Strategy and the WFD introduced a 50% target for recycling of municipal waste, to be met by 2020 in all Member States, recognising that developing the EU into a circular and green economy that uses waste as a resource is an important element of the resource efficiency goal;

| O. | whereas there are several reasons why waste management plans in compliance with the WFD are not in place: these include a lack of implementation and enforcement, properly trained personnel at local and regional level and coordination at national level; insufficient controls at EU level, failure to allocate adequate resources and the lack of a fine system, thereby neglecting the opportunities of good waste management to reduce GHG emissions and other environmental impacts and for reducing Europe’s dependency on imported raw materials; |
| --- | --- |

O.

whereas there are several reasons why waste management plans in compliance with the WFD are not in place: these include a lack of implementation and enforcement, properly trained personnel at local and regional level and coordination at national level; insufficient controls at EU level, failure to allocate adequate resources and the lack of a fine system, thereby neglecting the opportunities of good waste management to reduce GHG emissions and other environmental impacts and for reducing Europe’s dependency on imported raw materials;

| P. | whereas an important factor, often neglected, is that the recycling industry offers the potential of up to half a million jobs, as certain types of waste constitute a productive resource which can contribute to enhancing environmental sustainability and to the move towards a green economy; |
| --- | --- |

P.

whereas an important factor, often neglected, is that the recycling industry offers the potential of up to half a million jobs, as certain types of waste constitute a productive resource which can contribute to enhancing environmental sustainability and to the move towards a green economy;

| Q. | whereas biowaste management in the EU is still in its relative infancy and the current legislative instruments need to be developed and techniques made more efficient; |
| --- | --- |

Q.

whereas biowaste management in the EU is still in its relative infancy and the current legislative instruments need to be developed and techniques made more efficient;

| R. | whereas compliance with EU targets for collection, recycling and landfill diversion must remain a priority; |
| --- | --- |

R.

whereas compliance with EU targets for collection, recycling and landfill diversion must remain a priority;

| S. | whereas the Member States – at national, regional and local level – bear the main responsibility for implementing EU legislation, and whereas the EU is held responsible by citizens for ensuring implementation of waste policy but does not have the adequate means to enforce the legislation; |
| --- | --- |

S.

whereas the Member States – at national, regional and local level – bear the main responsibility for implementing EU legislation, and whereas the EU is held responsible by citizens for ensuring implementation of waste policy but does not have the adequate means to enforce the legislation;

| T. | whereas, according to the Aarhus Convention, citizens have the right to be informed of the situation in their own territory and it is the duty of the authorities to provide information and to motivate citizens to develop a responsible attitude and behaviour; whereas, in accordance with Directive 2003/35/EC, Member States shall ensure that the public is given early and effective opportunities to participate in the preparation and modification or review of the plans or programmes required to be drawn up; |
| --- | --- |

T.

whereas, according to the Aarhus Convention, citizens have the right to be informed of the situation in their own territory and it is the duty of the authorities to provide information and to motivate citizens to develop a responsible attitude and behaviour; whereas, in accordance with Directive 2003/35/EC, Member States shall ensure that the public is given early and effective opportunities to participate in the preparation and modification or review of the plans or programmes required to be drawn up;

| U. | whereas, through the petitions process, citizens express a feeling that the public authorities are not in control of the situation and are sometimes not prepared to make the efforts required to contribute to solutions, the relationship of trust is damaged and there is a downhill slide towards open confrontation and paralysis, thereby preventing action; |
| --- | --- |

U.

whereas, through the petitions process, citizens express a feeling that the public authorities are not in control of the situation and are sometimes not prepared to make the efforts required to contribute to solutions, the relationship of trust is damaged and there is a downhill slide towards open confrontation and paralysis, thereby preventing action;

| V. | whereas a recent study (13) conducted for the Commission to explore the feasibility of creating an EU Waste Management Agency highlighted the fact that many Member States lack sufficient capacity for preparing waste management plans and for inspections, controls and other actions to enforce waste legislation properly; |
| --- | --- |

V.

whereas a recent study (13) conducted for the Commission to explore the feasibility of creating an EU Waste Management Agency highlighted the fact that many Member States lack sufficient capacity for preparing waste management plans and for inspections, controls and other actions to enforce waste legislation properly;

| W. | whereas the study also identifies a high level of non-compliance, illegal waste dumping and shipments, large numbers of complaints from citizens and infringement cases before the ECJ, and therefore underachievement in protecting public health and the environment, an overarching goal of EU waste legislation; |
| --- | --- |

W.

whereas the study also identifies a high level of non-compliance, illegal waste dumping and shipments, large numbers of complaints from citizens and infringement cases before the ECJ, and therefore underachievement in protecting public health and the environment, an overarching goal of EU waste legislation;

| X. | whereas illegal waste disposal has also become part of the activities of organised crime, which raises questions about the role of the authorities responsible and, in respect of industrial waste, of industry collusion; |
| --- | --- |

X.

whereas illegal waste disposal has also become part of the activities of organised crime, which raises questions about the role of the authorities responsible and, in respect of industrial waste, of industry collusion;

| Y. | whereas monitoring and control procedures in place to ensure that household waste is not contaminated by toxic waste are sometimes weak or non-existent, leading to contamination of landfills and incinerators; whereas it must be stressed that disposing of toxic waste through incineration in installations conceived for burning household waste is categorically prohibited; |
| --- | --- |

Y.

whereas monitoring and control procedures in place to ensure that household waste is not contaminated by toxic waste are sometimes weak or non-existent, leading to contamination of landfills and incinerators; whereas it must be stressed that disposing of toxic waste through incineration in installations conceived for burning household waste is categorically prohibited;

| Z. | whereas an in-depth analysis of the petitions confirms that the legislation for a functioning and environmentally sound waste management system is largely in place and that the main issues concern implementation and enforcement, with 95% of the petitions related to failure at the local or regional level of government; |
| --- | --- |

Z.

whereas an in-depth analysis of the petitions confirms that the legislation for a functioning and environmentally sound waste management system is largely in place and that the main issues concern implementation and enforcement, with 95% of the petitions related to failure at the local or regional level of government;

| AA. | whereas one of the crucial factors identified for this state of affairs is a lack of information, awareness, administrative capacity and financial and other resources at local level; |
| --- | --- |

AA.

whereas one of the crucial factors identified for this state of affairs is a lack of information, awareness, administrative capacity and financial and other resources at local level;

| AB. | whereas the Commission has stepped up support – including EUR 4,1 billion in 2005/2006 – to improve implementation and enforcement of the EU waste acquis at national level; whereas, at the end of 2009, infringement cases related to waste nevertheless constituted 20% of all environmental infringements; |
| --- | --- |

AB.

whereas the Commission has stepped up support – including EUR 4,1 billion in 2005/2006 – to improve implementation and enforcement of the EU waste acquis at national level; whereas, at the end of 2009, infringement cases related to waste nevertheless constituted 20% of all environmental infringements;

| AC. | whereas the cost of bad waste management is high and a regional system capable of completing the whole cycle would produce substantial savings; |
| --- | --- |

AC.

whereas the cost of bad waste management is high and a regional system capable of completing the whole cycle would produce substantial savings;

| AD. | whereas, while the implementation of waste legislation in the EU is a public responsibility, private and multinational companies deal with 60% of household waste and 75% of waste from businesses, with an annual turnover of EUR 75 billion (14); |
| --- | --- |

AD.

whereas, while the implementation of waste legislation in the EU is a public responsibility, private and multinational companies deal with 60% of household waste and 75% of waste from businesses, with an annual turnover of EUR 75 billion (14);

| AE. | whereas the establishment of new landfills and incinerators falls under Annex I.9 of the Environmental Impact Assessment (EIA) Directive (15), requiring an EIA under Article 4(1) or at least screening according to Article 4(2) if the landfill falls under Annex II11.b; |
| --- | --- |

AE.

whereas the establishment of new landfills and incinerators falls under Annex I.9 of the Environmental Impact Assessment (EIA) Directive (15), requiring an EIA under Article 4(1) or at least screening according to Article 4(2) if the landfill falls under Annex II11.b;

| AF. | whereas permits for landfills fall under Annex II of the EIA Directive if they are ‘likely to have significant effects on the environment’ and subject to threshold criteria set by the Member States; |
| --- | --- |

AF.

whereas permits for landfills fall under Annex II of the EIA Directive if they are ‘likely to have significant effects on the environment’ and subject to threshold criteria set by the Member States;

| AG. | whereas Article 6(4) of the EIA Directive lays down that ‘The public concerned shall be given early and effective opportunities to participate in the environmental decision-making procedures referred to in Article 2(2) and shall, for that purpose, be entitled to express comments and opinions when all options are open to the competent authority or authorities before the decision on the request for development consent is taken’; |
| --- | --- |

AG.

whereas Article 6(4) of the EIA Directive lays down that ‘The public concerned shall be given early and effective opportunities to participate in the environmental decision-making procedures referred to in Article 2(2) and shall, for that purpose, be entitled to express comments and opinions when all options are open to the competent authority or authorities before the decision on the request for development consent is taken’;

| AH. | whereas EU Directives and the Aarhus Convention make specific reference to access to information and public participation in decision-making in environmental matters; |
| --- | --- |

AH.

whereas EU Directives and the Aarhus Convention make specific reference to access to information and public participation in decision-making in environmental matters;

| AI. | whereas many petitions allege that the permitting procedure for waste management facilities was not fully in line with EU legislation, especially as regards the EIA and public consultation; |
| --- | --- |

AI.

whereas many petitions allege that the permitting procedure for waste management facilities was not fully in line with EU legislation, especially as regards the EIA and public consultation;

| AJ. | whereas, if permits are in compliance with the parameters set out in the directive and the EIA has been conducted, the Commission does not have the power to interfere with decisions taken by national authorities; whereas, however, some Member States have not conducted thorough EIAs before granting permits for opening or expanding landfills or building incinerators; |
| --- | --- |

AJ.

whereas, if permits are in compliance with the parameters set out in the directive and the EIA has been conducted, the Commission does not have the power to interfere with decisions taken by national authorities; whereas, however, some Member States have not conducted thorough EIAs before granting permits for opening or expanding landfills or building incinerators;

| AK. | whereas legal proceedings can only be launched once a project has been approved by the Member States; whereas it is hard for citizens to understand that the EU cannot effectively intervene until the whole procedure has been concluded and the project has been approved by the Member States; |
| --- | --- |

AK.

whereas legal proceedings can only be launched once a project has been approved by the Member States; whereas it is hard for citizens to understand that the EU cannot effectively intervene until the whole procedure has been concluded and the project has been approved by the Member States;

| AL. | whereas the questions raised by citizens during the public consultation process and the Environmental Impact Assessment on planned locations for new landfills often concern alleged violations of protected areas, as in the case of the landfill in the Vesuvius national park, or fears over a negative impact on health and well-being; |
| --- | --- |

AL.

whereas the questions raised by citizens during the public consultation process and the Environmental Impact Assessment on planned locations for new landfills often concern alleged violations of protected areas, as in the case of the landfill in the Vesuvius national park, or fears over a negative impact on health and well-being;

| AM. | whereas planned locations for new landfills are contested because petitioners feel that they encroach on environmentally or culturally protected zones, as illustrated by petitions concerning a plan to open a new landfill in the Vesuvius National Park, and whereas it takes the view that siting landfills in areas belonging to the Natura 2000 network should be considered incompatible with EU environmental law; |
| --- | --- |

AM.

whereas planned locations for new landfills are contested because petitioners feel that they encroach on environmentally or culturally protected zones, as illustrated by petitions concerning a plan to open a new landfill in the Vesuvius National Park, and whereas it takes the view that siting landfills in areas belonging to the Natura 2000 network should be considered incompatible with EU environmental law;

| AN. | whereas the Landfill Directive lays down the parameters for granting operating permits and for common monitoring procedures during the operation and after-care phases and whereas landfills closed before transposition of the Directive are not subject to its provisions; whereas the criteria enumerated in the Directive refer to location, water control and leachate management, protection of soil and water, gas control, nuisances and hazards, stability and barriers; |
| --- | --- |

AN.

whereas the Landfill Directive lays down the parameters for granting operating permits and for common monitoring procedures during the operation and after-care phases and whereas landfills closed before transposition of the Directive are not subject to its provisions; whereas the criteria enumerated in the Directive refer to location, water control and leachate management, protection of soil and water, gas control, nuisances and hazards, stability and barriers;

| AO. | whereas the Committee on Petitions has received several petitions – notably the one which gave rise to the fact-finding mission to Path Head (UK) – which concerned landfills in close proximity to the nearest houses and where the population suffers noxious odours, increased air pollution and propagation of vermin close to their houses; whereas, however, as more precise criteria concerning the proximity of landfill sites to homes, schools and hospitals have not been laid down in EU law, the definition of the precise requirements to ensure the protection of human health and the environment are subject to the subsidiarity principle enshrined in the Treaties; |
| --- | --- |

AO.

whereas the Committee on Petitions has received several petitions – notably the one which gave rise to the fact-finding mission to Path Head (UK) – which concerned landfills in close proximity to the nearest houses and where the population suffers noxious odours, increased air pollution and propagation of vermin close to their houses; whereas, however, as more precise criteria concerning the proximity of landfill sites to homes, schools and hospitals have not been laid down in EU law, the definition of the precise requirements to ensure the protection of human health and the environment are subject to the subsidiarity principle enshrined in the Treaties;

| AP. | whereas petitions on landfills have frequently expressed concerns related to possible groundwater pollution, because older landfills may not have a liner preventing seepage into aquifers or the liners may look torn and create the suspicion of seepage or be on geologically unstable ground and too close to groundwater/drinking water reserves; |
| --- | --- |

AP.

whereas petitions on landfills have frequently expressed concerns related to possible groundwater pollution, because older landfills may not have a liner preventing seepage into aquifers or the liners may look torn and create the suspicion of seepage or be on geologically unstable ground and too close to groundwater/drinking water reserves;

| AQ. | whereas the Commission reports that 177 infringements of the Landfill Directive have been initiated since 2001 and that a recent inventory identified a minimum of 619 illegal landfills across the EU; |
| --- | --- |

AQ.

whereas the Commission reports that 177 infringements of the Landfill Directive have been initiated since 2001 and that a recent inventory identified a minimum of 619 illegal landfills across the EU;

| AR. | whereas petitions and complaints to the Commission testify to the presence of a large number of illegal landfills operating without permits, though the exact number is unknown for lack of adequate monitoring; |
| --- | --- |

AR.

whereas petitions and complaints to the Commission testify to the presence of a large number of illegal landfills operating without permits, though the exact number is unknown for lack of adequate monitoring;

| AS. | whereas it is recalled that landfilling should be a solution of last resort; whereas public authorities in some Member States which have fallen behind with waste prevention, recycling and reuse may be under pressure to expand existing – even non-compliant – landfills or open new ones in the short term as a method for eliminating refuse; |
| --- | --- |

AS.

whereas it is recalled that landfilling should be a solution of last resort; whereas public authorities in some Member States which have fallen behind with waste prevention, recycling and reuse may be under pressure to expand existing – even non-compliant – landfills or open new ones in the short term as a method for eliminating refuse;

| AT. | whereas the use of incinerators, which is low in the waste hierarchy, is well established and accepted by citizens in some countries considered to have reached a high level of compliance with the WFD and which recover energy in the process, and whereas countries which so far have not resorted to incineration may choose to do so in order to deal with accumulated backlogs; |
| --- | --- |

AT.

whereas the use of incinerators, which is low in the waste hierarchy, is well established and accepted by citizens in some countries considered to have reached a high level of compliance with the WFD and which recover energy in the process, and whereas countries which so far have not resorted to incineration may choose to do so in order to deal with accumulated backlogs;

| AU. | whereas this can only be done on condition of strict control and respect for the relevant EU legislation and bearing in mind that such measures are likely to provoke understandable resistance from the most immediately affected populations in the vicinity, who are concerned about effects on their health; |
| --- | --- |

AU.

whereas this can only be done on condition of strict control and respect for the relevant EU legislation and bearing in mind that such measures are likely to provoke understandable resistance from the most immediately affected populations in the vicinity, who are concerned about effects on their health;

| AV. | whereas it should be acknowledged that more recent technology has reduced emissions from incinerators significantly; whereas in certain Member States – in particular those with high levels of waste incineration – local populations seem to show a higher level of acceptance, perhaps in recognition of the production of heat or power by incinerators, and also because of the transparency and accessibility of information on their functioning; |
| --- | --- |

AV.

whereas it should be acknowledged that more recent technology has reduced emissions from incinerators significantly; whereas in certain Member States – in particular those with high levels of waste incineration – local populations seem to show a higher level of acceptance, perhaps in recognition of the production of heat or power by incinerators, and also because of the transparency and accessibility of information on their functioning;

| AW. | whereas permits for the establishment of incinerators meet with similar resistance, for similar reasons, to landfills, with the emphasis on fears of air pollution and negative impact on public health and/or environmentally protected zones; |
| --- | --- |

AW.

whereas permits for the establishment of incinerators meet with similar resistance, for similar reasons, to landfills, with the emphasis on fears of air pollution and negative impact on public health and/or environmentally protected zones;

| AX. | whereas public authorities often choose areas already suffering from heavy air pollution for the establishment of incinerators, cumulative effects on the health of the inhabitants of the area should not be ignored and exploration of alternative methods of disposal of waste and production of energy through methanisation is often neglected; |
| --- | --- |

AX.

whereas public authorities often choose areas already suffering from heavy air pollution for the establishment of incinerators, cumulative effects on the health of the inhabitants of the area should not be ignored and exploration of alternative methods of disposal of waste and production of energy through methanisation is often neglected;

| AY. | whereas a focus on incineration for energy production as a first choice nevertheless represents a more wasteful method of waste management than prevention, recycling and reuse, which is why these should be given priority, in accordance with the waste hierarchy of the WFD; |
| --- | --- |

AY.

whereas a focus on incineration for energy production as a first choice nevertheless represents a more wasteful method of waste management than prevention, recycling and reuse, which is why these should be given priority, in accordance with the waste hierarchy of the WFD;

| AZ. | whereas what is required in order to meet legally established recycling and prevention targets is the active participation of civil society, improved stakeholder participation and increased public awareness, to be achieved through media campaigns to raise public awareness; |
| --- | --- |

AZ.

whereas what is required in order to meet legally established recycling and prevention targets is the active participation of civil society, improved stakeholder participation and increased public awareness, to be achieved through media campaigns to raise public awareness;

| BA. | whereas all the reports on fact-finding missions of the Committee on Petitions on waste issues mention the poor or non-existent communication between citizens and authorities, which in some cases can lead to tense situations arising and also demonstrations by citizens, as often reported in the press; |
| --- | --- |

BA.

whereas all the reports on fact-finding missions of the Committee on Petitions on waste issues mention the poor or non-existent communication between citizens and authorities, which in some cases can lead to tense situations arising and also demonstrations by citizens, as often reported in the press;

| BB. | whereas the world population is growing and therefore the total consumption is expected to increase significantly, which puts more pressure on waste management; whereas the solution to this problem would require, among other things, an increased awareness and implementation of the waste hierarchy principle; |
| --- | --- |

BB.

whereas the world population is growing and therefore the total consumption is expected to increase significantly, which puts more pressure on waste management; whereas the solution to this problem would require, among other things, an increased awareness and implementation of the waste hierarchy principle;

| BC. | whereas the Committee on Petitions has no preventive or judicial competence, but is able to defend citizens’ interests, notably when problems arise in the application of EU law, by cooperating with the responsible authorities to find solutions or explanations for the matters raised by petitions; |
| --- | --- |

BC.

whereas the Committee on Petitions has no preventive or judicial competence, but is able to defend citizens’ interests, notably when problems arise in the application of EU law, by cooperating with the responsible authorities to find solutions or explanations for the matters raised by petitions;

| 1. | Calls on the Member States to transpose the WFD without further delay and to ensure full compliance with all its requirements, in particular establishing and implementing comprehensive waste management plans, including the timely conversion of all the set goals within the framework of European legislation; |
| --- | --- |

1.

Calls on the Member States to transpose the WFD without further delay and to ensure full compliance with all its requirements, in particular establishing and implementing comprehensive waste management plans, including the timely conversion of all the set goals within the framework of European legislation;

| 2. | Calls on the Commission to carefully monitor the transposition by the Member States of the EU directive on the protection of the environment through criminal law, to ensure that it is done promptly and effectively; calls on the Commission to turn its attention to the role of all forms of organised crime in respect of environmental offences; |
| --- | --- |

2.

Calls on the Commission to carefully monitor the transposition by the Member States of the EU directive on the protection of the environment through criminal law, to ensure that it is done promptly and effectively; calls on the Commission to turn its attention to the role of all forms of organised crime in respect of environmental offences;

| 3. | Taking into consideration the fact that waste and pollution form a serious threat to human health and the integrity of the environment, urges the Member States to speed up the introduction of an advanced waste management strategy in accordance with the WFD; |
| --- | --- |

3.

Taking into consideration the fact that waste and pollution form a serious threat to human health and the integrity of the environment, urges the Member States to speed up the introduction of an advanced waste management strategy in accordance with the WFD;

| 4. | Calls upon public authorities to recognise that major investments are required to establish correct waste management strategies, infrastructure and facilities in most Member States, and believes that they should give consideration to earmarking an appropriate proportion of Cohesion Fund resources for this purpose or seeking direct financing from the European Investment Bank; |
| --- | --- |

4.

Calls upon public authorities to recognise that major investments are required to establish correct waste management strategies, infrastructure and facilities in most Member States, and believes that they should give consideration to earmarking an appropriate proportion of Cohesion Fund resources for this purpose or seeking direct financing from the European Investment Bank;

| 5. | Considers that on-site inspection and enforcement capacity needs to be strengthened at Member State and EU level in order to ensure better compliance with waste legislation and therefore urges Member States to strengthen their capacity for inspections, monitoring and other actions at all stages of the waste management chain to better enforce waste legislation, and calls on the Commission to make provision for specific procedures enabling the subsidiarity principle to be fully applied in the event of serious shortcomings on the part of Member States; |
| --- | --- |

5.

Considers that on-site inspection and enforcement capacity needs to be strengthened at Member State and EU level in order to ensure better compliance with waste legislation and therefore urges Member States to strengthen their capacity for inspections, monitoring and other actions at all stages of the waste management chain to better enforce waste legislation, and calls on the Commission to make provision for specific procedures enabling the subsidiarity principle to be fully applied in the event of serious shortcomings on the part of Member States;

| 6. | Calls on the Commission for more specific guidance to be provided for competent authorities in order to assist them with the correct implementation of the waste acquis but notes that the resources available at European level are currently inadequate; considers, therefore, that complementary financial and administrative measures should be taken to provide better guidance and training facilities for officials working in the waste sector; |
| --- | --- |

6.

Calls on the Commission for more specific guidance to be provided for competent authorities in order to assist them with the correct implementation of the waste acquis but notes that the resources available at European level are currently inadequate; considers, therefore, that complementary financial and administrative measures should be taken to provide better guidance and training facilities for officials working in the waste sector;

| 7. | Calls upon the Commission to identify and focus on the more systemic weaknesses in the implementation of waste-related directives by the Member States, such as inadequate networks of waste management facilities, excessive reliance on land filling, growing amounts of waste produced per capita or poor recycling rates; |
| --- | --- |

7.

Calls upon the Commission to identify and focus on the more systemic weaknesses in the implementation of waste-related directives by the Member States, such as inadequate networks of waste management facilities, excessive reliance on land filling, growing amounts of waste produced per capita or poor recycling rates;

| 8. | Believes that the establishment of a new EU Agency for waste management is not desirable and considers that the present institutional structure at EU level – based upon the Commission’s DG Environment and the European Environment Agency as a centre of expertise and excellence – is more cost-effective, although these must be further reinforced in order to provide more active oversight and enforcement; |
| --- | --- |

8.

Believes that the establishment of a new EU Agency for waste management is not desirable and considers that the present institutional structure at EU level – based upon the Commission’s DG Environment and the European Environment Agency as a centre of expertise and excellence – is more cost-effective, although these must be further reinforced in order to provide more active oversight and enforcement;

| 9. | Believes that the existing European Environment Agency could assist with this process and play a more constructive role in reporting on Member State waste management strategies and identifying weakness by assessing the compliance of waste management plans established by Member States with EU legislation; |
| --- | --- |

9.

Believes that the existing European Environment Agency could assist with this process and play a more constructive role in reporting on Member State waste management strategies and identifying weakness by assessing the compliance of waste management plans established by Member States with EU legislation;

| 10. | Considers that closer cooperation between authorities at local, regional and national level has the potential to deliver positive results in terms of identifying models of best practice; notes that the Committee of the Regions, Europol, the European Union Network for the Implementation and Enforcement of Environmental Law, Municipal Waste Europe and the FEAD, the European Federation representing the waste management industry, could play a more useful role in organising such exchanges and thus also help to build trust among the populations affected by essential waste policy implementation; |
| --- | --- |

10.

Considers that closer cooperation between authorities at local, regional and national level has the potential to deliver positive results in terms of identifying models of best practice; notes that the Committee of the Regions, Europol, the European Union Network for the Implementation and Enforcement of Environmental Law, Municipal Waste Europe and the FEAD, the European Federation representing the waste management industry, could play a more useful role in organising such exchanges and thus also help to build trust among the populations affected by essential waste policy implementation;

| 11. | Calls on the Member States which are confronted with manifest waste crises to consider the fact that more efficient waste management strategies provide opportunities for both employment creation and revenue enhancement while ensuring environmental sustainability through reuse, recycling and recovery of energy from waste; |
| --- | --- |

11.

Calls on the Member States which are confronted with manifest waste crises to consider the fact that more efficient waste management strategies provide opportunities for both employment creation and revenue enhancement while ensuring environmental sustainability through reuse, recycling and recovery of energy from waste;

| 12. | Recalls that the waste cycle hierarchy is a key element in Directive 2008/98/EC and, pursuant to the directive, should constitute the basis for all waste management; notes also that economic arguments speak in favour of following the waste hierarchy and focus first on prevention, then on reuse and recycling before incineration for energy and that wasteful and unsustainable landfills should be avoided as far as possible; |
| --- | --- |

12.

Recalls that the waste cycle hierarchy is a key element in Directive 2008/98/EC and, pursuant to the directive, should constitute the basis for all waste management; notes also that economic arguments speak in favour of following the waste hierarchy and focus first on prevention, then on reuse and recycling before incineration for energy and that wasteful and unsustainable landfills should be avoided as far as possible;

| 13. | Urges the Commission and the Member States to promote, in this context, greater environmental awareness among the population about the advantages of efficient waste management, notably by advising them of the merits of pre-sorting waste and the real cost of collecting household waste, as well as of the financial gain obtained from recovering this household waste; |
| --- | --- |

13.

Urges the Commission and the Member States to promote, in this context, greater environmental awareness among the population about the advantages of efficient waste management, notably by advising them of the merits of pre-sorting waste and the real cost of collecting household waste, as well as of the financial gain obtained from recovering this household waste;

| 14. | Believes that closer cooperation between Member State authorities and the Petitions Committee when the latter is dealing with the direct concerns of local citizens would provide an excellent opportunity to facilitate dialogue between the responsible authorities and local communities on priorities as regards the implementation of waste strategies, and can in some cases constitute an effective remedy when this may be useful in resolving local disputes; |
| --- | --- |

14.

Believes that closer cooperation between Member State authorities and the Petitions Committee when the latter is dealing with the direct concerns of local citizens would provide an excellent opportunity to facilitate dialogue between the responsible authorities and local communities on priorities as regards the implementation of waste strategies, and can in some cases constitute an effective remedy when this may be useful in resolving local disputes;

| 15. | Proposes that a common EU standard for colour-coding categories of waste for sorting and recycling be agreed so as to facilitate and improve citizens’ participation in and understanding of the waste process, and considers that this may assist Member States’ efforts to increase recycling rates significantly and quickly; |
| --- | --- |

15.

Proposes that a common EU standard for colour-coding categories of waste for sorting and recycling be agreed so as to facilitate and improve citizens’ participation in and understanding of the waste process, and considers that this may assist Member States’ efforts to increase recycling rates significantly and quickly;

| 16. | Encourages early and effective dialogue between responsible local and regional authorities and local citizens in the planning stages before decisions are taken on the construction of waste treatment installations, while understanding that the NIMBY (‘not in my back yard’) attitude is a big challenge in this respect; |
| --- | --- |

16.

Encourages early and effective dialogue between responsible local and regional authorities and local citizens in the planning stages before decisions are taken on the construction of waste treatment installations, while understanding that the NIMBY (‘not in my back yard’) attitude is a big challenge in this respect;

| 17. | Emphasises the fundamental importance of the correct and full implementation of the Environmental Impact Assessment Directive and proper coordination of the permitting procedures required under environmental legislation; |
| --- | --- |

17.

Emphasises the fundamental importance of the correct and full implementation of the Environmental Impact Assessment Directive and proper coordination of the permitting procedures required under environmental legislation;

| 18. | Calls upon the Member States to ensure that a complete environmental impact assessment is conducted before any decision is taken to establish or construct a new waste facility, notably an incinerator or methanisation plant, or – as a last resort – a new landfill; believes that such assessments should be mandatory; |
| --- | --- |

18.

Calls upon the Member States to ensure that a complete environmental impact assessment is conducted before any decision is taken to establish or construct a new waste facility, notably an incinerator or methanisation plant, or – as a last resort – a new landfill; believes that such assessments should be mandatory;

| 19. | Understands that in some cases urgent decisions are required to manage acute waste crises or to prevent crises developing, but emphasises that even in these cases, full respect for existing EU legislation must be guaranteed, particularly as the long-term health and well-being of local communities is at stake; |
| --- | --- |

19.

Understands that in some cases urgent decisions are required to manage acute waste crises or to prevent crises developing, but emphasises that even in these cases, full respect for existing EU legislation must be guaranteed, particularly as the long-term health and well-being of local communities is at stake;

| 20. | Is convinced that dialogue between public authorities, private-sector operators and affected populations must be improved and that citizens must have better access to objective information, with more effective mechanisms for administrative and judicial reviews where these are necessary; |
| --- | --- |

20.

Is convinced that dialogue between public authorities, private-sector operators and affected populations must be improved and that citizens must have better access to objective information, with more effective mechanisms for administrative and judicial reviews where these are necessary;

| 21. | Urges the Commission to support and reinforce the public-private partnership network for projects of the awareness campaigns; calls for support for the ‘clean up the world’ campaign, for which over 400 MEPs have signed a written declaration supporting the event, which is expected to be supported by millions of volunteers next year; |
| --- | --- |

21.

Urges the Commission to support and reinforce the public-private partnership network for projects of the awareness campaigns; calls for support for the ‘clean up the world’ campaign, for which over 400 MEPs have signed a written declaration supporting the event, which is expected to be supported by millions of volunteers next year;

| 22. | Considers that petitioners could be encouraged to make full use of such mechanisms where they exist, which may be more effective and expedient than measures at EU level, particularly where individual waste facilities are concerned; |
| --- | --- |

22.

Considers that petitioners could be encouraged to make full use of such mechanisms where they exist, which may be more effective and expedient than measures at EU level, particularly where individual waste facilities are concerned;

| 23. | Urges the Commission to propose clearer and more specific criteria for the location of landfills in relation to local housing, schools or health facilities in order to ensure more robust guarantees against potential risks to human health and the environment, bearing in mind that there are a large number of variables and local considerations that need to be taken into account. with full respect for the subsidiarity principle; |
| --- | --- |

23.

Urges the Commission to propose clearer and more specific criteria for the location of landfills in relation to local housing, schools or health facilities in order to ensure more robust guarantees against potential risks to human health and the environment, bearing in mind that there are a large number of variables and local considerations that need to be taken into account. with full respect for the subsidiarity principle;

| 24. | Recommends that Member States authorities work together, especially when planning waste treatment plants in border areas, and ensure that cross-border impact assessments are conducted which take into account information of importance to all citizens and interested parties; |
| --- | --- |

24.

Recommends that Member States authorities work together, especially when planning waste treatment plants in border areas, and ensure that cross-border impact assessments are conducted which take into account information of importance to all citizens and interested parties;

| 25. | Encourages the Commission to fully recognise the linkage of effective environmental legislation regarding historical heritage sites and the conservation and promotion of biodiversity – such as that contained in the Water Framework Directive and the Habitats and Wild Birds Directives – with the EIA and Strategic Environmental Assessment Directives and with legislation regarding the management of waste; |
| --- | --- |

25.

Encourages the Commission to fully recognise the linkage of effective environmental legislation regarding historical heritage sites and the conservation and promotion of biodiversity – such as that contained in the Water Framework Directive and the Habitats and Wild Birds Directives – with the EIA and Strategic Environmental Assessment Directives and with legislation regarding the management of waste;

| 26. | Encourages the Commission, where it is the competent authority, to ensure compliance with procedural requirements under EU law (Environmental Impact Assessment, public consultation), including requirements under the Directives for the protection of nature and historical heritage sites; |
| --- | --- |

26.

Encourages the Commission, where it is the competent authority, to ensure compliance with procedural requirements under EU law (Environmental Impact Assessment, public consultation), including requirements under the Directives for the protection of nature and historical heritage sites;

| 27. | Considers that only officially accredited landfill sites, compatible with the EU Landfill Directive and with duly established permits, should be used, and that their location should be clearly indicated and recorded, while all other landfill sites and discharges must be declared illegal, effectively closed, secured and rehabilitated and their immediate and surrounding environment effectively monitored for any potential negative consequences; |
| --- | --- |

27.

Considers that only officially accredited landfill sites, compatible with the EU Landfill Directive and with duly established permits, should be used, and that their location should be clearly indicated and recorded, while all other landfill sites and discharges must be declared illegal, effectively closed, secured and rehabilitated and their immediate and surrounding environment effectively monitored for any potential negative consequences;

| 28. | Considers that a public and clear definition of waste acceptance criteria is necessary, as well as the establishment of an effective tracking system for – especially hazardous – waste to ensure that only appropriate waste is transported to, and disposed of, in landfills or incinerators; believes that regular unannounced sampling and testing procedures should be applied consistently in all Member States; |
| --- | --- |

28.

Considers that a public and clear definition of waste acceptance criteria is necessary, as well as the establishment of an effective tracking system for – especially hazardous – waste to ensure that only appropriate waste is transported to, and disposed of, in landfills or incinerators; believes that regular unannounced sampling and testing procedures should be applied consistently in all Member States;

| 29. | Considers that more emphasis must be placed on the recovery of organic waste, especially in broadly agricultural regions, something which seems to have received little attention so far; |
| --- | --- |

29.

Considers that more emphasis must be placed on the recovery of organic waste, especially in broadly agricultural regions, something which seems to have received little attention so far;

| 30. | Urges that common criteria for the measurement of key emission values from incinerator plants be established and that measurements be available on-line in real time for public consultation, in order to establish trust within local communities and also to provide an effective alarm system in case of anomalies developing; |
| --- | --- |

30.

Urges that common criteria for the measurement of key emission values from incinerator plants be established and that measurements be available on-line in real time for public consultation, in order to establish trust within local communities and also to provide an effective alarm system in case of anomalies developing;

| 31. | Reminds the Member States that, even when issues arise at local or regional levels of government, they are responsible for the effective monitoring and supervision of compliance with all EU standards and permits and encourages them to ensure adequate and competent staffing to perform this function, including frequent on-site inspections; |
| --- | --- |

31.

Reminds the Member States that, even when issues arise at local or regional levels of government, they are responsible for the effective monitoring and supervision of compliance with all EU standards and permits and encourages them to ensure adequate and competent staffing to perform this function, including frequent on-site inspections;

| 32. | Notes that urgent attention is needed as regards the open and illegal dumping of mixed and unidentified waste and calls for the enforcement of strict management controls; reminds the competent authorities that, in full conformity with the IPPC Directive (2008/1/EC, revised by Directive 2010/75/EU), they must establish strict control over the handling of specific types of industrial waste, regardless of its origin, and calls on the Commission to do the utmost within its competence to monitor the competent authorities in effectively ensuring that waste is properly collected, separated and treated, for instance through systematic inspections, and that a credible plan is presented by regional authorities; |
| --- | --- |

32.

Notes that urgent attention is needed as regards the open and illegal dumping of mixed and unidentified waste and calls for the enforcement of strict management controls; reminds the competent authorities that, in full conformity with the IPPC Directive (2008/1/EC, revised by Directive 2010/75/EU), they must establish strict control over the handling of specific types of industrial waste, regardless of its origin, and calls on the Commission to do the utmost within its competence to monitor the competent authorities in effectively ensuring that waste is properly collected, separated and treated, for instance through systematic inspections, and that a credible plan is presented by regional authorities;

| 33. | Invites all Member States to take measures to foster greater acceptance by populations in the vicinity of existing or planned waste management facilities, by demonstrating that the permitting and operating authorities are respecting the rules correctly and in full transparency; |
| --- | --- |

33.

Invites all Member States to take measures to foster greater acceptance by populations in the vicinity of existing or planned waste management facilities, by demonstrating that the permitting and operating authorities are respecting the rules correctly and in full transparency;

| 34. | Recommends the imposition of adequate and dissuasive fines and penalties for the illegal disposal of waste, especially toxic and hazardous waste, partly to compensate for environmental damage in accordance with the polluter-pays principle; believes that illegal dumping in the countryside of highly contaminated chemical or radioactive waste should be punished with very severe sentences commensurate with the dangers this practice poses for people and the environment; |
| --- | --- |

34.

Recommends the imposition of adequate and dissuasive fines and penalties for the illegal disposal of waste, especially toxic and hazardous waste, partly to compensate for environmental damage in accordance with the polluter-pays principle; believes that illegal dumping in the countryside of highly contaminated chemical or radioactive waste should be punished with very severe sentences commensurate with the dangers this practice poses for people and the environment;

| 35. | Calls for effective measures to combat any infiltration of waste management by organised crime and against any connections between organised crime and industry or public authorities; |
| --- | --- |

35.

Calls for effective measures to combat any infiltration of waste management by organised crime and against any connections between organised crime and industry or public authorities;

| 36. | Recommends that, if public funds are allocated to private enterprises to manage waste processing, effective financial monitoring over the use of these funds should be put in place by local and/or national authorities to guarantee legal compliance with EU rules; |
| --- | --- |

36.

Recommends that, if public funds are allocated to private enterprises to manage waste processing, effective financial monitoring over the use of these funds should be put in place by local and/or national authorities to guarantee legal compliance with EU rules;

| 37. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

37.

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

---

(1)  OJ L 312, 22.11.2008, p. 3.

(2)  OJ L 328, 6.12.2008, p. 28.

(3)  OJ L 182, 16.7.1999, p. 1.

(4)  OJ L 332, 28.12.2000, p. 91.

(5)  OJ L 197, 21.7.2001, p. 30.

(6)  OJ L 41, 14.2.2003, p. 26.

(7)  OJ L 156, 25.6.2003, p. 17.

(8)  DT 682330.

(9)  DT 745784.

(10)  DT 778722.

(11)  DT 833560 + B7-0073/2011.

(12)  DT 820406.

(13)  Study on the feasibility of the establishment of a Waste Implementation Agency, revised final report, 7 December 2009.

(14)  FEAD ‘Brussels Declaration’, 15 February 2011.

(15)  85/337/EEC.

---

| 20.8.2013 | EN | Official Journal of the European Union | CE 239/69 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

CE 239/69

---

Thursday 2 February 2012Daphne programme

P7_TA(2012)0027

European Parliament resolution of 2 February 2012 on the Daphne programme: achievements and future prospects (2011/2273(INI))

2013/C 239 E/11

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 the EPSCO Council Conclusions of 8 March 2010 on violence, |
| --- | --- |

—

having regard to the EPSCO Council Conclusions of 8 March 2010 on violence,

| — | having regard to the Commission’s Strategy for equality between women and men 2010-2015, which was presented on 21 September 2010 (COM(2010)0491), |
| --- | --- |

—

having regard to the Commission’s Strategy for equality between women and men 2010-2015, which was presented on 21 September 2010 (COM(2010)0491),

| — | having regard to the Action Plan implementing the political priorities in the area of freedom, security and justice set out in the Stockholm Programme for the period 2010-2014, which was presented on 20 April 2010 (COM(2010)0171), |
| --- | --- |

—

having regard to the Action Plan implementing the political priorities in the area of freedom, security and justice set out in the Stockholm Programme for the period 2010-2014, which was presented on 20 April 2010 (COM(2010)0171),

| — | having regard to its resolution of 5 April 2011 on priorities and outline of a new EU policy framework to fight violence against women (1), |
| --- | --- |

—

having regard to its resolution of 5 April 2011 on priorities and outline of a new EU policy framework to fight violence against women (1),

| — | having regard to Decision No 779/2007/EC of the European Parliament and of the Council of 20 June 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme ‘Fundamental Rights and Justice’ (2), |
| --- | --- |

—

having regard to Decision No 779/2007/EC of the European Parliament and of the Council of 20 June 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme ‘Fundamental Rights and Justice’ (2),

| — | having regard to Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme) (3), |
| --- | --- |

—

having regard to Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme) (3),

| — | having regard to Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young persons and women (4), |
| --- | --- |

—

having regard to Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (the Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young persons and women (4),

| — | having regard to the report from the Commission to the European Parliament and the Council of 11 May 2011 on the interim evaluation of the ‘Daphne III Programme (2007-2013)’ (COM(2011)0254), |
| --- | --- |

—

having regard to the report from the Commission to the European Parliament and the Council of 11 May 2011 on the interim evaluation of the ‘Daphne III Programme (2007-2013)’ (COM(2011)0254),

| — | having regard to the decisions of the Commission on the adoption of annual work programmes for the Daphne III Programme, |
| --- | --- |

—

having regard to the decisions of the Commission on the adoption of annual work programmes for the Daphne III Programme,

| — | having regard to the Commission communication on the proposal for a regulation of the European Parliament and of the Council establishing for the period 2014 to 2020 the Rights and Citizenship Programme (COM(2011)0758), |
| --- | --- |

—

having regard to the Commission communication on the proposal for a regulation of the European Parliament and of the Council establishing for the period 2014 to 2020 the Rights and Citizenship Programme (COM(2011)0758),

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

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Women’s Rights and Gender Equality (A7-0006/2012), |
| --- | --- |

—

having regard to the report of the Committee on Women’s Rights and Gender Equality (A7-0006/2012),

| A. | whereas the Daphne programme has been a genuine success since its launch in 1997, both in terms of its popularity with stakeholders (beneficiaries, public and academic authorities, NGOs) and in terms of the effectiveness of the projects funded by the programme; |
| --- | --- |

A.

whereas the Daphne programme has been a genuine success since its launch in 1997, both in terms of its popularity with stakeholders (beneficiaries, public and academic authorities, NGOs) and in terms of the effectiveness of the projects funded by the programme;

| B. | whereas Daphne is the only programme of this type that aims to combat violence against women, children and young people across the European Union as a whole; whereas, therefore, continued funding for the Daphne programme is vital in order to maintain the measures currently in force and introduce new measures that will be effective in combating all types of violence against children, young people and women; |
| --- | --- |

B.

whereas Daphne is the only programme of this type that aims to combat violence against women, children and young people across the European Union as a whole; whereas, therefore, continued funding for the Daphne programme is vital in order to maintain the measures currently in force and introduce new measures that will be effective in combating all types of violence against children, young people and women;

| C. | whereas preventing and combating violence against women, children, and young people is still as pressing a concern today as it was in 1997, the year when the Daphne initiative was adopted; whereas, since it was established, the programme has thrown light on new forms of violence, including violence at day nurseries, ill-treatment of the elderly, and sexual assault among teenagers; |
| --- | --- |

C.

whereas preventing and combating violence against women, children, and young people is still as pressing a concern today as it was in 1997, the year when the Daphne initiative was adopted; whereas, since it was established, the programme has thrown light on new forms of violence, including violence at day nurseries, ill-treatment of the elderly, and sexual assault among teenagers;

| D. | whereas Parliament has pointed out in numerous resolutions that the Daphne programme has been underfunded so far, and has stated its intention of ensuring that it has sufficient funding so that it can tackle the real needs involved in the fight against all types of violence against women, children and young people; |
| --- | --- |

D.

whereas Parliament has pointed out in numerous resolutions that the Daphne programme has been underfunded so far, and has stated its intention of ensuring that it has sufficient funding so that it can tackle the real needs involved in the fight against all types of violence against women, children and young people;

| E. | whereas Daphne is an extremely important instrument for raising the visibility of the issue of violence against women and providing the possibility for women’s organisations and other engaged stakeholders to develop their work and their concrete actions in this field; |
| --- | --- |

E.

whereas Daphne is an extremely important instrument for raising the visibility of the issue of violence against women and providing the possibility for women’s organisations and other engaged stakeholders to develop their work and their concrete actions in this field;

| F. | whereas new forms of violence have arisen more recently from the growing use of online social networks; |
| --- | --- |

F.

whereas new forms of violence have arisen more recently from the growing use of online social networks;

| G. | whereas in the current situation of economic crisis and budgetary austerity, women have fewer resources with which to protect themselves and their children from violence and whereas it is even more important to avert the direct financial impact that violence against women and children has on the judiciary and on health and social services; whereas, additionally, funding for national programmes and NGOs that look after the needs of victims of violence is likely to be cut; |
| --- | --- |

G.

whereas in the current situation of economic crisis and budgetary austerity, women have fewer resources with which to protect themselves and their children from violence and whereas it is even more important to avert the direct financial impact that violence against women and children has on the judiciary and on health and social services; whereas, additionally, funding for national programmes and NGOs that look after the needs of victims of violence is likely to be cut;

| H. | whereas the Commission stresses in its strategy for gender equality 2010-2015 that gender-based violence is one of the key problems to be addressed in order to achieve genuine gender equality; |
| --- | --- |

H.

whereas the Commission stresses in its strategy for gender equality 2010-2015 that gender-based violence is one of the key problems to be addressed in order to achieve genuine gender equality;

| I. | whereas it is important, in bringing the level of women’s rights in the candidate countries closer to the EU standards, to include them into the scope of the Daphne III programme; |
| --- | --- |

I.

whereas it is important, in bringing the level of women’s rights in the candidate countries closer to the EU standards, to include them into the scope of the Daphne III programme;

| J. | whereas violence against women stems from persistent gender-based inequalities and is a structural phenomenon linked to the unequal distribution of power between women and men in our society; whereas, however, it is possible to reduce significantly the incidence thereof by combining targeted actions against gender stereotyping in the fields of education and gender equality and in the media, and to combat this violence by means of awareness raising in the field of health, and among the police and the judiciary; |
| --- | --- |

J.

whereas violence against women stems from persistent gender-based inequalities and is a structural phenomenon linked to the unequal distribution of power between women and men in our society; whereas, however, it is possible to reduce significantly the incidence thereof by combining targeted actions against gender stereotyping in the fields of education and gender equality and in the media, and to combat this violence by means of awareness raising in the field of health, and among the police and the judiciary;

| K. | whereas violence against women, children and young people encompasses all kinds of human rights violations, such as sexual abuse, rape, domestic violence, sexual assault and harassment, prostitution, people trafficking, violation of sexual and reproductive rights, violence against women and young people at work, violence against women, children and young people in conflict situations, violence against women, children and young people in prison or care institutions, and several harmful traditional practices such as genital mutilation; whereas any one of these abuses can leave deep psychological scars, damage the physical and mental integrity of women, children and young people and in some instances even result in their death; |
| --- | --- |

K.

whereas violence against women, children and young people encompasses all kinds of human rights violations, such as sexual abuse, rape, domestic violence, sexual assault and harassment, prostitution, people trafficking, violation of sexual and reproductive rights, violence against women and young people at work, violence against women, children and young people in conflict situations, violence against women, children and young people in prison or care institutions, and several harmful traditional practices such as genital mutilation; whereas any one of these abuses can leave deep psychological scars, damage the physical and mental integrity of women, children and young people and in some instances even result in their death;

| L. | whereas combating violence against women is not mentioned among the objectives of the Commission’s proposal for the new ‘Rights and Citizenship’ Programme in the 2014-2020 financial period, which merges the Daphne III programme, the gender equality and non-discrimination sections of the Progress Programme, and the Fundamental Rights and Citizenship Programme; whereas this may undermine the DAPHNE programme’s visibility and consistency and jeopardise its success; whereas the proposed budget of the new programme is smaller than those of the current programmes; whereas the proposal does not guarantee predictability of funding for its objectives; |
| --- | --- |

L.

whereas combating violence against women is not mentioned among the objectives of the Commission’s proposal for the new ‘Rights and Citizenship’ Programme in the 2014-2020 financial period, which merges the Daphne III programme, the gender equality and non-discrimination sections of the Progress Programme, and the Fundamental Rights and Citizenship Programme; whereas this may undermine the DAPHNE programme’s visibility and consistency and jeopardise its success; whereas the proposed budget of the new programme is smaller than those of the current programmes; whereas the proposal does not guarantee predictability of funding for its objectives;

| M. | whereas comparable data on different types of violence against women in the European Union are not collected on a regular basis, which makes it difficult to ascertain the real extent of the problem and to find appropriate solutions; whereas it is very difficult to collect reliable data as women and men are reluctant, owing to fear or shame, to report their experiences; |
| --- | --- |

M.

whereas comparable data on different types of violence against women in the European Union are not collected on a regular basis, which makes it difficult to ascertain the real extent of the problem and to find appropriate solutions; whereas it is very difficult to collect reliable data as women and men are reluctant, owing to fear or shame, to report their experiences;

| N. | whereas the costs to society of domestic violence are extremely high, as seen from one Daphne project which estimated that conjugal violence alone costs EUR 16 billion per year within the European Union – this includes all direct medical costs (casualty services, hospitalisation, out-patient care, medicines), court and police costs, welfare costs (accommodation and various forms of assistance) and economic costs (lost output) (5); |
| --- | --- |

N.

whereas the costs to society of domestic violence are extremely high, as seen from one Daphne project which estimated that conjugal violence alone costs EUR 16 billion per year within the European Union – this includes all direct medical costs (casualty services, hospitalisation, out-patient care, medicines), court and police costs, welfare costs (accommodation and various forms of assistance) and economic costs (lost output) (5);

| O. | whereas various studies on gender-based violence estimate that one fifth to one quarter of all women in Europe have experienced physical acts of violence at least once during their adult lives, and that more than one tenth have suffered sexual violence involving the use of force; whereas research also shows that 26 % of children and young people report physical violence in childhood; |
| --- | --- |

O.

whereas various studies on gender-based violence estimate that one fifth to one quarter of all women in Europe have experienced physical acts of violence at least once during their adult lives, and that more than one tenth have suffered sexual violence involving the use of force; whereas research also shows that 26 % of children and young people report physical violence in childhood;

| P. | whereas, as a result of social exclusion and marginalisation, Roma women and children are extremely vulnerable to violence, whereas throughout the past years the Daphne programme has successfully supported many initiatives seeking to shed light on the connection between social exclusion, poverty and violence; |
| --- | --- |

P.

whereas, as a result of social exclusion and marginalisation, Roma women and children are extremely vulnerable to violence, whereas throughout the past years the Daphne programme has successfully supported many initiatives seeking to shed light on the connection between social exclusion, poverty and violence;

| Q. | whereas gender-based violence is a structural and widespread problem throughout Europe and the world, and is a phenomenon that involves victims and perpetrators of all ages, educational backgrounds, incomes and social positions, and is linked to the unequal distribution of power between women and men in our society; |
| --- | --- |

Q.

whereas gender-based violence is a structural and widespread problem throughout Europe and the world, and is a phenomenon that involves victims and perpetrators of all ages, educational backgrounds, incomes and social positions, and is linked to the unequal distribution of power between women and men in our society;

| R. | whereas women in the European Union are not equally protected against male violence, owing to differing policies and legislation in the Member States; |
| --- | --- |

R.

whereas women in the European Union are not equally protected against male violence, owing to differing policies and legislation in the Member States;

| S. | whereas the legal basis for the Daphne programme is Article 168 of the Treaty on the Functioning of the European Union, covering public health, but under the Lisbon Treaty the European Union now has greater powers; |
| --- | --- |

S.

whereas the legal basis for the Daphne programme is Article 168 of the Treaty on the Functioning of the European Union, covering public health, but under the Lisbon Treaty the European Union now has greater powers;

| 1. | Has noted with great interest the programme’s successes and its popularity, as well as the few problems it has encountered, as set out in the Report on the interim evaluation of the ‘Daphne III programme 2007–2013’ and the preparatory studies used in its conception (6), and as reported by the recipients of the Daphne grants; |
| --- | --- |

1.

Has noted with great interest the programme’s successes and its popularity, as well as the few problems it has encountered, as set out in the Report on the interim evaluation of the ‘Daphne III programme 2007–2013’ and the preparatory studies used in its conception (6), and as reported by the recipients of the Daphne grants;

| 2. | While noting that the Daphne programme will from 2014 be incorporated in the Rights and Citizenship programme, considers it essential to see the programme’s objectives, in particular that of combating violence against women, retained in the 2014-2020 period among the objectives of the new Rights and Citizenship Programme, and maintains that its funding must be held at a level comparable to that of the earlier programme and that its profile within the new-generation programme must remain high, bearing in mind its success, its effectiveness and its popularity; |
| --- | --- |

2.

While noting that the Daphne programme will from 2014 be incorporated in the Rights and Citizenship programme, considers it essential to see the programme’s objectives, in particular that of combating violence against women, retained in the 2014-2020 period among the objectives of the new Rights and Citizenship Programme, and maintains that its funding must be held at a level comparable to that of the earlier programme and that its profile within the new-generation programme must remain high, bearing in mind its success, its effectiveness and its popularity;

| 3. | Regrets that combating violence against children, teenagers and women is not explicitly mentioned in Article 4 (‘Specific objectives’) of the text contained in the Commission communication (COM(2011)0758) on the proposal for a regulation of the European Parliament and the Council establishing for the period 2014 to 2020 the Rights and Citizenship Programme; |
| --- | --- |

3.

Regrets that combating violence against children, teenagers and women is not explicitly mentioned in Article 4 (‘Specific objectives’) of the text contained in the Commission communication (COM(2011)0758) on the proposal for a regulation of the European Parliament and the Council establishing for the period 2014 to 2020 the Rights and Citizenship Programme;

| 4. | Welcomes the fact that the total appropriation for the Rights and Citizenship Programme as a whole has been preserved almost intact; considers that a fair annual share-out of funding would make for continuity in terms of objectives and activities; |
| --- | --- |

4.

Welcomes the fact that the total appropriation for the Rights and Citizenship Programme as a whole has been preserved almost intact; considers that a fair annual share-out of funding would make for continuity in terms of objectives and activities;

| 5. | Calls also on the Member States and interested partners, working with the Commission, to help disseminate information about European Union programmes and the financing opportunities that they offer, in particular among NGOs, at local level and in Member States where there is weak participation in the programme; |
| --- | --- |

5.

Calls also on the Member States and interested partners, working with the Commission, to help disseminate information about European Union programmes and the financing opportunities that they offer, in particular among NGOs, at local level and in Member States where there is weak participation in the programme;

| 6. | Asks the Commission to find solutions to the small number of problems highlighted in the interim report referred to previously, notably with regard to:






  — | avoidance of overlap with other Community programmes in order to escape the risk of de-prioritising Daphne issues, |
| --- | --- | --- |

6.

Asks the Commission to find solutions to the small number of problems highlighted in the interim report referred to previously, notably with regard to:

—

avoidance of overlap with other Community programmes in order to escape the risk of de-prioritising Daphne issues,

| — | improving the programmes’ transparency and the dissemination of their results, |
| --- | --- |

—

improving the programmes’ transparency and the dissemination of their results,

| — | spreading the programmes more evenly across the Member States, |
| --- | --- |

—

spreading the programmes more evenly across the Member States,

| — | easing the administrative burden, simplifying grant application procedures and shortening the time between the publication of calls for projects and the conclusion of contracts, which has prevented many small NGOs from proposing Daphne projects; |
| --- | --- |

—

easing the administrative burden, simplifying grant application procedures and shortening the time between the publication of calls for projects and the conclusion of contracts, which has prevented many small NGOs from proposing Daphne projects;

| — | enhancing the effectiveness of operating grants to European organisations capable of consolidating multidisciplinary Europe-wide partnerships established for subsidisation purposes; strengthening the ability of NGOs to define and influence national and European policy, with particular reference to smaller NGOs in central and eastern European countries, |
| --- | --- |

—

enhancing the effectiveness of operating grants to European organisations capable of consolidating multidisciplinary Europe-wide partnerships established for subsidisation purposes; strengthening the ability of NGOs to define and influence national and European policy, with particular reference to smaller NGOs in central and eastern European countries,

| 7. | In order to strengthen the impact of the programme, calls on the Commission to pay further special attention to women, children and young people who, because of social exclusion and marginalisation, are particularly exposed to the risk of violence; |
| --- | --- |

7.

In order to strengthen the impact of the programme, calls on the Commission to pay further special attention to women, children and young people who, because of social exclusion and marginalisation, are particularly exposed to the risk of violence;

| 8. | Calls on the Commission to include candidate countries within the scope of eligibility for funds under the Daphne III Programme; |
| --- | --- |

8.

Calls on the Commission to include candidate countries within the scope of eligibility for funds under the Daphne III Programme;

| 9. | Calls also on the Member States and interested partners to help achieve the goal of improving the spread of programmes across the Member States; |
| --- | --- |

9.

Calls also on the Member States and interested partners to help achieve the goal of improving the spread of programmes across the Member States;

| 10. | Calls on the Commission to channel more funding into projects aimed at alerting the young in particular to new forms of violence linked to the growing use of online social networks (threats, psychological pressures, bullying, internet child pornography), which are more insidious than other forms of violence, but just as likely to cause physical or mental injury; |
| --- | --- |

10.

Calls on the Commission to channel more funding into projects aimed at alerting the young in particular to new forms of violence linked to the growing use of online social networks (threats, psychological pressures, bullying, internet child pornography), which are more insidious than other forms of violence, but just as likely to cause physical or mental injury;

| 11. | Calls on the Member States to gather data regularly on violence against women in order to clarify the extent of the problem; |
| --- | --- |

11.

Calls on the Member States to gather data regularly on violence against women in order to clarify the extent of the problem;

| 12. | Highlights the Daphne programme’s added value for the EU in enabling various organisations in the Member States to cooperate on preventing and reducing violence and to benefit from the exchange of knowledge and best practice; points out, further, that projects funded under Daphne III have created associations and stable structures which will continue to support target groups in the longer term and which have prompted policy changes at national and EU level; |
| --- | --- |

12.

Highlights the Daphne programme’s added value for the EU in enabling various organisations in the Member States to cooperate on preventing and reducing violence and to benefit from the exchange of knowledge and best practice; points out, further, that projects funded under Daphne III have created associations and stable structures which will continue to support target groups in the longer term and which have prompted policy changes at national and EU level;

| 13. | Stresses the need to pay particular attention to projects aimed at eradicating 'honour' crimes and female genital mutilation; |
| --- | --- |

13.

Stresses the need to pay particular attention to projects aimed at eradicating 'honour' crimes and female genital mutilation;

| 14. | Calls on the Commission to allow the funding of national projects involving small non-profit organisations, and demands that in the future it will still be possible for a large number of small NGOs to be fully involved and supported in partnerships of associations, as they play a crucial role in identifying less-well-known, taboo or new problems and in finding innovative ways to tackle them, as well as in protecting and supporting victims; |
| --- | --- |

14.

Calls on the Commission to allow the funding of national projects involving small non-profit organisations, and demands that in the future it will still be possible for a large number of small NGOs to be fully involved and supported in partnerships of associations, as they play a crucial role in identifying less-well-known, taboo or new problems and in finding innovative ways to tackle them, as well as in protecting and supporting victims;

| 15. | Recognises the importance of actions under the Daphne III programme seeking to prevent and combat violence against women, but nevertheless reiterates the need for legislative measures at European level to eradicate gender-based violence; |
| --- | --- |

15.

Recognises the importance of actions under the Daphne III programme seeking to prevent and combat violence against women, but nevertheless reiterates the need for legislative measures at European level to eradicate gender-based violence;

| 16. | Calls on the Commission to translate the web page of the Toolkit online resource into all EU languages and to update it, highlighting results and recommendations resulting from the outcome of the Daphne programme projects so that it can be used as a database by all stakeholders; calls on the Commission to develop on its website user-friendly special pages given over exclusively to the Daphne programme and, from 2014, to the Rights and Citizenship Programme projects designed to fight violence towards women, children and teenagers; |
| --- | --- |

16.

Calls on the Commission to translate the web page of the Toolkit online resource into all EU languages and to update it, highlighting results and recommendations resulting from the outcome of the Daphne programme projects so that it can be used as a database by all stakeholders; calls on the Commission to develop on its website user-friendly special pages given over exclusively to the Daphne programme and, from 2014, to the Rights and Citizenship Programme projects designed to fight violence towards women, children and teenagers;

| 17. | Recalls the commitment by the Commission in its Action Plan implementing the Stockholm Programme to present in 2011-2012 a ‘Communication on a strategy to combat violence against women, domestic violence and female genital mutilation, to be followed up by an EU action plan’ (7); |
| --- | --- |

17.

Recalls the commitment by the Commission in its Action Plan implementing the Stockholm Programme to present in 2011-2012 a ‘Communication on a strategy to combat violence against women, domestic violence and female genital mutilation, to be followed up by an EU action plan’ (7);

| 18. | Calls on the Commission, when promoting the Rights and Citizenship programme, to make it possible still to identify projects relating to the objectives of the Daphne programme, which is widely known, so as to keep the programme’s profile as high as possible; |
| --- | --- |

18.

Calls on the Commission, when promoting the Rights and Citizenship programme, to make it possible still to identify projects relating to the objectives of the Daphne programme, which is widely known, so as to keep the programme’s profile as high as possible;

| 19. | Suggests that the Commission broaden the role of the Justice DG’s Daphne team, moving beyond administrative and financial control duties to encompass a more specific communicating role; |
| --- | --- |

19.

Suggests that the Commission broaden the role of the Justice DG’s Daphne team, moving beyond administrative and financial control duties to encompass a more specific communicating role;

| 20. | Suggests that the Commission capitalise on the outcome of projects in order to influence European and national policies aimed at preventing and combating violence against women, children, and young people; |
| --- | --- |

20.

Suggests that the Commission capitalise on the outcome of projects in order to influence European and national policies aimed at preventing and combating violence against women, children, and young people;

| 21. | Calls on the Commission to pay particular attention to applications relating to projects aimed at promoting gender equality from the earliest time of life, focusing on prevention and education in order to change attitudes and eradicate stereotypes; |
| --- | --- |

21.

Calls on the Commission to pay particular attention to applications relating to projects aimed at promoting gender equality from the earliest time of life, focusing on prevention and education in order to change attitudes and eradicate stereotypes;

| 22. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

22.

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

---

(1)  Texts adopted, P7_TA(2011)0127.

(2)  OJ L 173, 3.7.2007, p. 19.

(3)  OJ L 143, 30.4.2004, p. 1.

(4)  OJ L 34, 9.2.2000, p. 1.

(5)  2006 Daphne project ‘IPV EU Cost’ JLS/DAP/06-1/073/WY ‘Estimating the economic cost of conjugal violence in Europe’ Maïté Albagly, Sandrine Baffert, Claude Mugnier, Marc Nectoux, Bertrand Thellot.

(6)  COM(2011)0254 Report on the interim evaluation of the ‘Daphne III programme 2007–2013’.

(7)  COM(2010)0171 Delivering an area of freedom, security and justice for Europe’s citizens, Action plan Implementing the Stockholm Programme, p. 13.

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| 20.8.2013 | EN | Official Journal of the European Union | CE 239/74 |
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20.8.2013

EN

Official Journal of the European Union

CE 239/74

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Thursday 2 February 2012Women's situation in war

P7_TA(2012)0028

European Parliament resolution of 2 February 2012 on women’s situation in war 2011/2198(INI))

2013/C 239 E/12

The European Parliament,

| — | having regard to the UN Universal Declaration of Human Rights of 10 December 1948 and to the Vienna Declaration and Programme of Action, as adopted by the World Conference on Human Rights of 25 June 1993, in particular paragraphs I 28-29 and II 38 on systematic rape, sexual slavery and forced pregnancy in situations of armed conflict, |
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having regard to the UN Universal Declaration of Human Rights of 10 December 1948 and to the Vienna Declaration and Programme of Action, as adopted by the World Conference on Human Rights of 25 June 1993, in particular paragraphs I 28-29 and II 38 on systematic rape, sexual slavery and forced pregnancy in situations of armed conflict,

| — | having regard to the United Nations Convention on the Elimination of all forms of Discrimination against Women (CEDAW) of 18 December 1979 and to the United Nations Declaration on the Elimination of Violence against Women of 20 December 1993 (1), |
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having regard to the United Nations Convention on the Elimination of all forms of Discrimination against Women (CEDAW) of 18 December 1979 and to the United Nations Declaration on the Elimination of Violence against Women of 20 December 1993 (1),

| — | having regard to UN Security Council Resolutions 1325 (2000) and 1820 (2008) on women, peace and security, to UN Security Council Resolution 1888 (2009) on sexual violence against women and children in situations of armed conflict, to UN Security Council Resolution 1889 (2009) aiming to strengthen the implementation and monitoring of UN Security Council Resolution 1325 and to UN Security Council Resolution 1960 (2010), which created a mechanism for compiling data on, and listing perpetrators of, sexual violence in armed conflict, |
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having regard to UN Security Council Resolutions 1325 (2000) and 1820 (2008) on women, peace and security, to UN Security Council Resolution 1888 (2009) on sexual violence against women and children in situations of armed conflict, to UN Security Council Resolution 1889 (2009) aiming to strengthen the implementation and monitoring of UN Security Council Resolution 1325 and to UN Security Council Resolution 1960 (2010), which created a mechanism for compiling data on, and listing perpetrators of, sexual violence in armed conflict,

| — | having regard to the appointment in March 2010 of a Special Representative to the UN Secretary-General on Sexual Violence in Armed Conflict, |
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having regard to the appointment in March 2010 of a Special Representative to the UN Secretary-General on Sexual Violence in Armed Conflict,

| — | having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995 and to the subsequent outcome documents adopted at the United Nations Beijing+5 (2000), Beijing +10 (2005) and Beijing +15 (2010) special sessions, |
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having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995 and to the subsequent outcome documents adopted at the United Nations Beijing+5 (2000), Beijing +10 (2005) and Beijing +15 (2010) special sessions,

| — | having regard to UN General Assembly Resolution 54/134 of 7 February 2000, which established 25 November as the International Day for the Elimination of Violence against Women, |
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having regard to UN General Assembly Resolution 54/134 of 7 February 2000, which established 25 November as the International Day for the Elimination of Violence against Women,

| — | having regard to the European Pact for Gender Equality (2011-2020), adopted by the European Council in March 2011 (2), |
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—

having regard to the European Pact for Gender Equality (2011-2020), adopted by the European Council in March 2011 (2),

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

| — | having regard to the EU Council Plan of Action on Gender Equality in Development Cooperation (SEC(2010)0265), which should ensure that gender equality is mainstreamed throughout the EU’s work with partner countries at all levels, |
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having regard to the EU Council Plan of Action on Gender Equality in Development Cooperation (SEC(2010)0265), which should ensure that gender equality is mainstreamed throughout the EU’s work with partner countries at all levels,

| — | having regard to the 2011 Report on the EU indicators for the comprehensive approach to the EU implementation of United Nations Security Council Resolutions 1325 and 1820 on Women, Peace and Security (3), |
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having regard to the 2011 Report on the EU indicators for the comprehensive approach to the EU implementation of United Nations Security Council Resolutions 1325 and 1820 on Women, Peace and Security (3),

| — | having regard to the 2010 indicators for the comprehensive approach to the EU implementation of United Nations Security Council Resolutions 1325 and 1820 on women, peace and security, |
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having regard to the 2010 indicators for the comprehensive approach to the EU implementation of United Nations Security Council Resolutions 1325 and 1820 on women, peace and security,

| — | having regard to the comprehensive approach to the EU implementation of United Nations Security Council Resolutions 1325 and 1820 on women, peace and security (4) and the operational document on ‘the Implementation of UNSCR 1325 as reinforced by UNSCR 1820 in the context of ESDP’, both adopted in December 2008, |
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having regard to the comprehensive approach to the EU implementation of United Nations Security Council Resolutions 1325 and 1820 on women, peace and security (4) and the operational document on ‘the Implementation of UNSCR 1325 as reinforced by UNSCR 1820 in the context of ESDP’, both adopted in December 2008,

| — | having regard to the EU guidelines on violence and discrimination against women and girls, |
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having regard to the EU guidelines on violence and discrimination against women and girls,

| — | having regard to the Council Conclusions of 13 November 2006 on promoting gender equality and gender mainstreaming in crisis management, |
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having regard to the Council Conclusions of 13 November 2006 on promoting gender equality and gender mainstreaming in crisis management,

| — | having regard to the 2005 Council Generic Standards of Behaviour for ESDP Operations (5), |
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having regard to the 2005 Council Generic Standards of Behaviour for ESDP Operations (5),

| — | having regard to the Rome Statute of the International Criminal Court adopted on 17 July 1998, particularly Articles 7 and 8 thereof, which define rape, sexual slavery, enforced prostitution, forced pregnancy and forced sterilisation or any form of sexual violence as crimes against humanity and war crimes, |
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having regard to the Rome Statute of the International Criminal Court adopted on 17 July 1998, particularly Articles 7 and 8 thereof, which define rape, sexual slavery, enforced prostitution, forced pregnancy and forced sterilisation or any form of sexual violence as crimes against humanity and war crimes,

| — | 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 (6), |
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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 (6),

| — | having regard to its resolution of 7 May 2009 on gender mainstreaming in EU external relations and peace-building/nation-building (7), |
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having regard to its resolution of 7 May 2009 on gender mainstreaming in EU external relations and peace-building/nation-building (7),

| — | having regard to its resolution of 1 June 2006 on the situation of women in armed conflicts and their role in the reconstruction and democratic process in post-conflict countries (8), |
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having regard to its resolution of 1 June 2006 on the situation of women in armed conflicts and their role in the reconstruction and democratic process in post-conflict countries (8),

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

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Development (A7-0429/2011), |
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—

having regard to the report of the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Development (A7-0429/2011),

| A. | whereas limited progress has been made in the last 10 years since the adoption of UNSCR 1325; whereas in some cases the quotas have been set for the participation of women in governments and the number of women in representative institutions has increased; whereas since then an increased awareness of gender differences in conflicts has been established; whereas, despite the efforts made, women’s participation in peace negotiations remains, with few exceptions, below 10 % of those formally involved (9); |
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A.

whereas limited progress has been made in the last 10 years since the adoption of UNSCR 1325; whereas in some cases the quotas have been set for the participation of women in governments and the number of women in representative institutions has increased; whereas since then an increased awareness of gender differences in conflicts has been established; whereas, despite the efforts made, women’s participation in peace negotiations remains, with few exceptions, below 10 % of those formally involved (9);

| B. | whereas the post of UN Special Representative on Sexual Violence in Conflict, now headed by Margot Wallström, has been created; |
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B.

whereas the post of UN Special Representative on Sexual Violence in Conflict, now headed by Margot Wallström, has been created;

| C. | whereas sexual violence in the form of mass rapes, human trafficking and other forms of sexual abuse of women and children is still unacceptably used as a war tactic in conflict regions around the world; whereas the power vacuum that emerges in post-conflict areas can lead to deterioration of the rights of women and girls, as witnessed in Libya and Egypt; |
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C.

whereas sexual violence in the form of mass rapes, human trafficking and other forms of sexual abuse of women and children is still unacceptably used as a war tactic in conflict regions around the world; whereas the power vacuum that emerges in post-conflict areas can lead to deterioration of the rights of women and girls, as witnessed in Libya and Egypt;

| D. | whereas the effects of wartime sexual violence, both physical (risks such as sterility, incontinence and sexually transmitted diseases) and psychological, are devastating for the victims, as the latter are often stigmatised, rejected, mistreated and considered to be dishonoured, and in many cases are excluded from their communities and sometimes even murdered; |
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D.

whereas the effects of wartime sexual violence, both physical (risks such as sterility, incontinence and sexually transmitted diseases) and psychological, are devastating for the victims, as the latter are often stigmatised, rejected, mistreated and considered to be dishonoured, and in many cases are excluded from their communities and sometimes even murdered;

| E. | whereas the families of the victims are also hit particularly hard, considering the sexual violence to be a humiliation; whereas children resulting from rape can be rejected; and whereas this rejection can be brutal, with babies being abandoned at birth or even killed; |
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E.

whereas the families of the victims are also hit particularly hard, considering the sexual violence to be a humiliation; whereas children resulting from rape can be rejected; and whereas this rejection can be brutal, with babies being abandoned at birth or even killed;

| F. | whereas the Vienna Declaration, adopted by the UN World Conference on Human Rights on 25 June 1993, states that ‘The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights’; |
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F.

whereas the Vienna Declaration, adopted by the UN World Conference on Human Rights on 25 June 1993, states that ‘The human rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human rights’;

| G. | alarmed at the fact that, in most cases, the perpetrators of the sexual violence go unpunished, as demonstrated by the example of Colombia, where, in a situation of armed conflict, sexual violence against women is a systematic and concealed practice which is subject to almost total impunity, and whereas this form of violence should be viewed as a war crime; |
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G.

alarmed at the fact that, in most cases, the perpetrators of the sexual violence go unpunished, as demonstrated by the example of Colombia, where, in a situation of armed conflict, sexual violence against women is a systematic and concealed practice which is subject to almost total impunity, and whereas this form of violence should be viewed as a war crime;

| H. | recognising the fact that women in the army and/or working with civil organisations involved in peace-keeping play an important part as role-models, as intercultural mediators and as empowering incentives for local women and stereotype dispellers for local men, and that they also communicate better with local women; |
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H.

recognising the fact that women in the army and/or working with civil organisations involved in peace-keeping play an important part as role-models, as intercultural mediators and as empowering incentives for local women and stereotype dispellers for local men, and that they also communicate better with local women;

| I. | whereas, in most countries, gender-related actions are not regarded as a high priority, gender being seen as a subsidiary issue and cultural, religious and socio-economic practices being used as excuses for obstructing progress in the area of gender equality and women’s rights; |
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I.

whereas, in most countries, gender-related actions are not regarded as a high priority, gender being seen as a subsidiary issue and cultural, religious and socio-economic practices being used as excuses for obstructing progress in the area of gender equality and women’s rights;

| J. | whereas emphasis needs to be placed on gender from the very outset of planning civilian and security missions; whereas peace-keeping missions have proved to be crucial in introducing a gender perspective in prevention, demobilisation and post-conflict reconstruction; |
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J.

whereas emphasis needs to be placed on gender from the very outset of planning civilian and security missions; whereas peace-keeping missions have proved to be crucial in introducing a gender perspective in prevention, demobilisation and post-conflict reconstruction;

| K. | whereas history has shown that the making of war appears to be a highly male-dominated activity and that there is therefore reason to expect that the particular skills of women in terms of dialogue and non-violence might contribute in a very positive way to peaceful conflict prevention and management; |
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K.

whereas history has shown that the making of war appears to be a highly male-dominated activity and that there is therefore reason to expect that the particular skills of women in terms of dialogue and non-violence might contribute in a very positive way to peaceful conflict prevention and management;

| L. | whereas the importance of women’s involvement and of a gender perspective is underlined by the fact that where more women are engaged in conflict resolution and peace-building processes, peace negotiations, more areas for reconstruction and peace consolidation are addressed: market infrastructure, rural roads, health clinics, accessible schools and kindergartens, etc.; |
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L.

whereas the importance of women’s involvement and of a gender perspective is underlined by the fact that where more women are engaged in conflict resolution and peace-building processes, peace negotiations, more areas for reconstruction and peace consolidation are addressed: market infrastructure, rural roads, health clinics, accessible schools and kindergartens, etc.;

| M. | whereas 17 indicators for the comprehensive approach (10) were adopted in 2010 and successful efforts have been made to present the first monitoring report based on these indicators in 2011 (11); whereas there is a need for comprehensive EU monitoring reports based on a clear methodology and adequate indicators; |
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M.

whereas 17 indicators for the comprehensive approach (10) were adopted in 2010 and successful efforts have been made to present the first monitoring report based on these indicators in 2011 (11); whereas there is a need for comprehensive EU monitoring reports based on a clear methodology and adequate indicators;

| N. | whereas National Action Plans regarding women, peace and security are essential, and should be based on uniform minimum European standards as regards their objectives, implementation and monitoring across the EU; |
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N.

whereas National Action Plans regarding women, peace and security are essential, and should be based on uniform minimum European standards as regards their objectives, implementation and monitoring across the EU;

| O. | whereas the Commission decided on 31 August 2011 to provide a further EUR 300 million for peace and security in Africa; whereas in 2011 at least 12 African countries, with a total estimated population of 386.6 million people, will count as current conflict regions; |
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O.

whereas the Commission decided on 31 August 2011 to provide a further EUR 300 million for peace and security in Africa; whereas in 2011 at least 12 African countries, with a total estimated population of 386.6 million people, will count as current conflict regions;

| P. | whereas, in post-conflict situations undergoing processes of reconstruction and reintegration, institutional mechanisms and commitments to gender equality are effective first steps towards protecting and promoting women’s rights; whereas the involvement of all relevant actors, such as governments and political representatives, civil society and academics, as well as the direct participation of women’s organisations, groups and networks – which should receive political, financial and legal support for developing programmes, including for the most vulnerable members of the population, such as migrant, internally displaced, refugee and returnee women – is the essential precondition for peace-building, for achieving sustainable development and for bringing about a democratic society respectful of women’s rights as well as gender equality; |
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P.

whereas, in post-conflict situations undergoing processes of reconstruction and reintegration, institutional mechanisms and commitments to gender equality are effective first steps towards protecting and promoting women’s rights; whereas the involvement of all relevant actors, such as governments and political representatives, civil society and academics, as well as the direct participation of women’s organisations, groups and networks – which should receive political, financial and legal support for developing programmes, including for the most vulnerable members of the population, such as migrant, internally displaced, refugee and returnee women – is the essential precondition for peace-building, for achieving sustainable development and for bringing about a democratic society respectful of women’s rights as well as gender equality;

| Q. | whereas the underlying causes of women’s vulnerability in conflict situations often lie in their limited access to, inter alia, education and the labour market, and whereas women’s economic participation on an equal basis is therefore a necessary precondition for combating gender-specific violence in armed conflicts; whereas women’s participation in governance, both at the negotiating table and in active roles in peaceful transitions, continues to be limited, yet remains a top priority and a critical element for achieving gender equality; |
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Q.

whereas the underlying causes of women’s vulnerability in conflict situations often lie in their limited access to, inter alia, education and the labour market, and whereas women’s economic participation on an equal basis is therefore a necessary precondition for combating gender-specific violence in armed conflicts; whereas women’s participation in governance, both at the negotiating table and in active roles in peaceful transitions, continues to be limited, yet remains a top priority and a critical element for achieving gender equality;

Women in peace and security leadership

| 1. | Calls for EU support for peace processes to be made conditional on women’s participation in the international teams leading peace negotiations; asks that progress be made with a view to permanent inclusion of women leaders, local women’s rights organisations and/or civil society groups at the negotiation table throughout the peace process; |
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1.

Calls for EU support for peace processes to be made conditional on women’s participation in the international teams leading peace negotiations; asks that progress be made with a view to permanent inclusion of women leaders, local women’s rights organisations and/or civil society groups at the negotiation table throughout the peace process;

| 2. | Underlines the importance of political dialogue for the empowerment of women and calls for EU delegations to include women, peace and security issues in their political and human rights dialogue with the host government; calls on the Commission, the European External Action Service (EEAS) and the Member States actively to promote and support the empowerment of women to participate in their relations with countries and organisations outside the EU; |
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2.

Underlines the importance of political dialogue for the empowerment of women and calls for EU delegations to include women, peace and security issues in their political and human rights dialogue with the host government; calls on the Commission, the European External Action Service (EEAS) and the Member States actively to promote and support the empowerment of women to participate in their relations with countries and organisations outside the EU;

| 3. | Welcomes the EU plan of Action on Gender Equality and Women’s Empowerment in Development, and calls on the EU High Representative to take all necessary measures in order to provide adequate and effective training to EU delegation staff members regarding a gender-sensitive approach to peace-keeping, conflict prevention and peace-building; asks the Commission and the Member States to ensure that adequate technical and financial assistance is provided in support of programmes enabling women to participate to the full in the conduct of peace negotiations and empowering women in civil society as a whole; |
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3.

Welcomes the EU plan of Action on Gender Equality and Women’s Empowerment in Development, and calls on the EU High Representative to take all necessary measures in order to provide adequate and effective training to EU delegation staff members regarding a gender-sensitive approach to peace-keeping, conflict prevention and peace-building; asks the Commission and the Member States to ensure that adequate technical and financial assistance is provided in support of programmes enabling women to participate to the full in the conduct of peace negotiations and empowering women in civil society as a whole;

| 4. | Calls for the EU and the Member States actively to promote an increase in the number of women in the military and in civilian peace-keeping operations, especially in leadership positions, and to that end calls for:






  — | national campaigns promoting the military and the police force as a viable option for women as well as men, in order to dispel possible stereotypes; these campaigns should include information events and open days providing factual information on training and employment options in the armed forces; |
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4.

Calls for the EU and the Member States actively to promote an increase in the number of women in the military and in civilian peace-keeping operations, especially in leadership positions, and to that end calls for:

—

national campaigns promoting the military and the police force as a viable option for women as well as men, in order to dispel possible stereotypes; these campaigns should include information events and open days providing factual information on training and employment options in the armed forces;

| — | a review of promotion policy in the military, in order to examine whether women have been disadvantaged when it comes to being promoted, despite, without regard to their gender, being equal to their male colleagues; |
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a review of promotion policy in the military, in order to examine whether women have been disadvantaged when it comes to being promoted, despite, without regard to their gender, being equal to their male colleagues;

| — | the inclusion of women-friendly policies within the military, such as the possibility of maternity leave; |
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the inclusion of women-friendly policies within the military, such as the possibility of maternity leave;

| — | the promotion of role models – women who have been courageous and who have taken action to bring about change; |
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the promotion of role models – women who have been courageous and who have taken action to bring about change;

| — | the inclusion of more women, especially in civilian operations, in high-ranking positions and in interactions with the local community; |
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—

the inclusion of more women, especially in civilian operations, in high-ranking positions and in interactions with the local community;

| — | in-depth training of men and women involved in civilian interaction on gender-related aspects, on the protection, special needs and human rights of women and children in conflict situations, and on the culture and traditions of the host countries, in order to improve protection for those taking part and to ensure that there are no differences in the provision of training for women and men; |
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in-depth training of men and women involved in civilian interaction on gender-related aspects, on the protection, special needs and human rights of women and children in conflict situations, and on the culture and traditions of the host countries, in order to improve protection for those taking part and to ensure that there are no differences in the provision of training for women and men;

| 5. | Calls for adequate EU funding, including under the Instrument for Stability, for supporting women’s effective participation in, and contribution to, representative institutions at national and local level and at all levels of decision-making in the context of conflict resolution, peace negotiations, peace-building and post-conflict planning; |
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5.

Calls for adequate EU funding, including under the Instrument for Stability, for supporting women’s effective participation in, and contribution to, representative institutions at national and local level and at all levels of decision-making in the context of conflict resolution, peace negotiations, peace-building and post-conflict planning;

| 6. | Points to the need to establish a code of conduct for EU personnel serving in military and civil missions which makes it clear that sexual exploitation constitutes unjustifiable and criminal behaviour, and requires that it be strictly enforced in cases of sexual violence perpetrated by humanitarian staff, representatives of international institutions, peace-keeping forces and diplomats through severe administrative and criminal penalties; calls for zero tolerance for the sexual exploitation of children and women in armed conflicts and refugee camps and, to that end, welcomes the recent UN investigations into the allegations of sexual exploitation involving its peacekeepers in the Côte d’Ivoire UN Operation; |
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6.

Points to the need to establish a code of conduct for EU personnel serving in military and civil missions which makes it clear that sexual exploitation constitutes unjustifiable and criminal behaviour, and requires that it be strictly enforced in cases of sexual violence perpetrated by humanitarian staff, representatives of international institutions, peace-keeping forces and diplomats through severe administrative and criminal penalties; calls for zero tolerance for the sexual exploitation of children and women in armed conflicts and refugee camps and, to that end, welcomes the recent UN investigations into the allegations of sexual exploitation involving its peacekeepers in the Côte d’Ivoire UN Operation;

The impact of armed conflict on women

| 7. | Strongly condemns the continued use of sexual violence against women as a weapon of war equal to a war crime; recognises the deep physical and psychological wounds that such abuses leave on the victims, along with the dramatic consequences for their families, stresses that this phenomenon needs to be addressed through victim support programmes and urges the mobilisation of political leadership with a view to putting forward a coordinated set of measures for the prevention and alleviation of the use of sexual violence; points, in this respect, to the ongoing appalling situation in Congo; recalls that a mass gang rape took place from 30 July to 4 August 2010 in the eastern Congo mining district, that at least 8 300 rapes were reported in eastern Congo in 2009 and that at least 1 244 women reported being raped in the first quarter of 2010, which is an average of 14 rapes per day; points out that this situation remains unchanged in 2011; urges both EU missions in the Democratic Republic of the Congo – EUPOL RD Congo and EUSEC RD Congo – to make the fight against sexual violence and the participation of women the main priorities in the effort to reform the Congolese security sector; |
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7.

Strongly condemns the continued use of sexual violence against women as a weapon of war equal to a war crime; recognises the deep physical and psychological wounds that such abuses leave on the victims, along with the dramatic consequences for their families, stresses that this phenomenon needs to be addressed through victim support programmes and urges the mobilisation of political leadership with a view to putting forward a coordinated set of measures for the prevention and alleviation of the use of sexual violence; points, in this respect, to the ongoing appalling situation in Congo; recalls that a mass gang rape took place from 30 July to 4 August 2010 in the eastern Congo mining district, that at least 8 300 rapes were reported in eastern Congo in 2009 and that at least 1 244 women reported being raped in the first quarter of 2010, which is an average of 14 rapes per day; points out that this situation remains unchanged in 2011; urges both EU missions in the Democratic Republic of the Congo – EUPOL RD Congo and EUSEC RD Congo – to make the fight against sexual violence and the participation of women the main priorities in the effort to reform the Congolese security sector;

| 8. | Underlines that, since sexual violence, which mostly victimises women and children, is exacerbated by, inter alia, the gender divide, the spread of violence – both in general and through the militarisation of society in particular – and the breakdown of societal structure, particular attention should be given to, and resources deployed for, the prevention of such war crimes; |
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8.

Underlines that, since sexual violence, which mostly victimises women and children, is exacerbated by, inter alia, the gender divide, the spread of violence – both in general and through the militarisation of society in particular – and the breakdown of societal structure, particular attention should be given to, and resources deployed for, the prevention of such war crimes;

| 9. | Calls on the Member States to promote the introduction of measures designed to limit the adverse effects of armed conflict on family life; |
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9.

Calls on the Member States to promote the introduction of measures designed to limit the adverse effects of armed conflict on family life;

| 10. | Calls for stronger cooperation with local women’s organisations in order to establish an early-warning system and possibly to enable them to prevent the abuses or reduce their occurrence themselves; |
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10.

Calls for stronger cooperation with local women’s organisations in order to establish an early-warning system and possibly to enable them to prevent the abuses or reduce their occurrence themselves;

| 11. | Asks the Commission to support local civil society groups, particularly women’s groups and those with a gender-sensitive agenda, through accessible funding and capacity-building in order to enable them to fulfil their role as a watchdog, especially in the context of failing states; |
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11.

Asks the Commission to support local civil society groups, particularly women’s groups and those with a gender-sensitive agenda, through accessible funding and capacity-building in order to enable them to fulfil their role as a watchdog, especially in the context of failing states;

| 12. | Is appalled that perpetrators of sexual violence continue to escape unpunished; calls strongly for an end to impunity for perpetrators of sexual violence; urges national authorities to ensure that laws relating to impunity are upheld, and calls for the justice system to be strengthened by providing training for judges and prosecutors in the investigation and punishment of cases of sexual violence; calls, therefore, for prosecution cases to be highly visible and well-publicised, as a means of spreading the word that such practices are intolerable; |
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12.

Is appalled that perpetrators of sexual violence continue to escape unpunished; calls strongly for an end to impunity for perpetrators of sexual violence; urges national authorities to ensure that laws relating to impunity are upheld, and calls for the justice system to be strengthened by providing training for judges and prosecutors in the investigation and punishment of cases of sexual violence; calls, therefore, for prosecution cases to be highly visible and well-publicised, as a means of spreading the word that such practices are intolerable;

| 13. | Asks that the issue of impunity be a principal factor in peace negotiations, as there should be no peace without justice, and the perpetrators must be brought to justice and face the penal consequences of their actions; emphasises that impunity must not be negotiable; deplores the fact that judicial proceedings against the perpetrators of violence against women in war are often too slow, creating further distress for the victims, and hence calls for reliable and equitable justice to be delivered within reasonable time limits and with respect for the dignity of women who are victims of war; |
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13.

Asks that the issue of impunity be a principal factor in peace negotiations, as there should be no peace without justice, and the perpetrators must be brought to justice and face the penal consequences of their actions; emphasises that impunity must not be negotiable; deplores the fact that judicial proceedings against the perpetrators of violence against women in war are often too slow, creating further distress for the victims, and hence calls for reliable and equitable justice to be delivered within reasonable time limits and with respect for the dignity of women who are victims of war;

| 14. | Stresses that education plays a key role, not only in empowering women and young girls but also in combating stereotypes and in developing people’s mindsets; calls for awareness-raising campaigns to be introduced and/or stepped up as part of education programmes, bringing respect for women’s dignity to the forefront; |
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14.

Stresses that education plays a key role, not only in empowering women and young girls but also in combating stereotypes and in developing people’s mindsets; calls for awareness-raising campaigns to be introduced and/or stepped up as part of education programmes, bringing respect for women’s dignity to the forefront;

| 15. | Calls for armed forces to run women’s clinics to deal with sexual and psychological violence in war zones; |
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15.

Calls for armed forces to run women’s clinics to deal with sexual and psychological violence in war zones;

| 16. | Demands that women who are victims of ill-treatment and violence during conflicts be able to lodge complaints with international courts under conditions compatible with their dignity and under the protection of those courts against physical assault and trauma as a result of their being questioned in situations which display insensitivity to trauma; demands that in such cases the women concerned obtain both civil and criminal redress, and that assistance programmes be implemented to help them achieve economic, social and psychological reinsertion; |
| --- | --- |

16.

Demands that women who are victims of ill-treatment and violence during conflicts be able to lodge complaints with international courts under conditions compatible with their dignity and under the protection of those courts against physical assault and trauma as a result of their being questioned in situations which display insensitivity to trauma; demands that in such cases the women concerned obtain both civil and criminal redress, and that assistance programmes be implemented to help them achieve economic, social and psychological reinsertion;

| 17. | Calls for the EU and the Member States effectively to support the implementation of the EU guidelines on violence against women and girls, through specific measures such as:






  — | the establishment of an effective system to monitor all legal proceedings and their follow-up relating to cases of such violence; |
| --- | --- | --- |

17.

Calls for the EU and the Member States effectively to support the implementation of the EU guidelines on violence against women and girls, through specific measures such as:

—

the establishment of an effective system to monitor all legal proceedings and their follow-up relating to cases of such violence;

| — | the adoption of measures, strategies and programmes that focus not only on the protection and prosecution elements, but more importantly on prevention; |
| --- | --- |

—

the adoption of measures, strategies and programmes that focus not only on the protection and prosecution elements, but more importantly on prevention;

| — | programmes providing free health and psychological counselling to victims of violence in their native language and in line with their culture and customs, where possible by women practitioners; |
| --- | --- |

—

programmes providing free health and psychological counselling to victims of violence in their native language and in line with their culture and customs, where possible by women practitioners;

| — | programmes providing health courses and easily accessible literature, notably on reproductive and sexual health, targeting women and men, and awareness-raising campaigns tailored to suit the cultures of the people for whom they are intended; |
| --- | --- |

—

programmes providing health courses and easily accessible literature, notably on reproductive and sexual health, targeting women and men, and awareness-raising campaigns tailored to suit the cultures of the people for whom they are intended;

| — | specific steps to be taken to ensure that women in conflict situations have fair access to public health systems (12), in particular primary healthcare, including the protection of mother and child as defined by the World Health Organisation (13), and gynaecological and obstetric healthcare; |
| --- | --- |

—

specific steps to be taken to ensure that women in conflict situations have fair access to public health systems (12), in particular primary healthcare, including the protection of mother and child as defined by the World Health Organisation (13), and gynaecological and obstetric healthcare;

| — | developing witness protection programmes in order to protect victims and to encourage them, under the guarantee of protection, to come forward and testify against their aggressors; |
| --- | --- |

—

developing witness protection programmes in order to protect victims and to encourage them, under the guarantee of protection, to come forward and testify against their aggressors;

| 18. | Highlights the crucial importance of ensuring that women are equal actors in processes relating to justice reform or transnational justice so that they can efficiently advocate the enforcement of equal rights under national judicial systems; |
| --- | --- |

18.

Highlights the crucial importance of ensuring that women are equal actors in processes relating to justice reform or transnational justice so that they can efficiently advocate the enforcement of equal rights under national judicial systems;

| 19. | Calls on the Commission, the EEAS and Parliament delegations to find ways to promote the signature, ratification and implementation of the 1998 Rome Statute (for the International Criminal Court) by those developing countries that have not already done so, as a necessary step towards protecting women’s sexual rights during times of war and averting the impunity of perpetrators; |
| --- | --- |

19.

Calls on the Commission, the EEAS and Parliament delegations to find ways to promote the signature, ratification and implementation of the 1998 Rome Statute (for the International Criminal Court) by those developing countries that have not already done so, as a necessary step towards protecting women’s sexual rights during times of war and averting the impunity of perpetrators;

| 20. | Condemns hostage-taking and calls for stronger punishment of the use of human shields during conflicts; |
| --- | --- |

20.

Condemns hostage-taking and calls for stronger punishment of the use of human shields during conflicts;

| 21. | Calls for women prisoners to be housed separately from men, in particular to avoid sexual abuse; |
| --- | --- |

21.

Calls for women prisoners to be housed separately from men, in particular to avoid sexual abuse;

| 22. | Underlines the importance of the right to know the fate of missing relatives, and calls on the parties to armed conflicts to take all feasible measures to account for persons reported missing; |
| --- | --- |

22.

Underlines the importance of the right to know the fate of missing relatives, and calls on the parties to armed conflicts to take all feasible measures to account for persons reported missing;

| 23. | Calls for specific provisions affording additional protection to women against rape, forced prostitution and any other form of indecent assault, as well as particular care for expectant mothers and mothers of young children with regard to the provision of food, clothing, evacuation and transportation and medical facilities, in order to avoid unwanted pregnancies and sexually transmitted diseases, as priority areas under the Development Financing Instrument for the 2014-2020 period; |
| --- | --- |

23.

Calls for specific provisions affording additional protection to women against rape, forced prostitution and any other form of indecent assault, as well as particular care for expectant mothers and mothers of young children with regard to the provision of food, clothing, evacuation and transportation and medical facilities, in order to avoid unwanted pregnancies and sexually transmitted diseases, as priority areas under the Development Financing Instrument for the 2014-2020 period;

| 24. | Calls on the Commission to examine the possibility of establishing rapid-response units made up of trained personnel (such as doctors, psychologists, sociologists and legal advisors) with a view to providing immediate in situ support to the victims of gender crimes; |
| --- | --- |

24.

Calls on the Commission to examine the possibility of establishing rapid-response units made up of trained personnel (such as doctors, psychologists, sociologists and legal advisors) with a view to providing immediate in situ support to the victims of gender crimes;

| 25. | Welcomes the adoption of United Nations Security Council Resolution 1960 requesting detailed information on suspected perpetrators of sexual violence during armed conflict; calls on the Member States to step up their efforts in implementing Resolution 1960; |
| --- | --- |

25.

Welcomes the adoption of United Nations Security Council Resolution 1960 requesting detailed information on suspected perpetrators of sexual violence during armed conflict; calls on the Member States to step up their efforts in implementing Resolution 1960;

| 26. | Calls for an analysis of the possibility of adequate compensation for victims, bearing in mind also the psychological repercussions for victims’ families and children, in accordance with the applicable international and national law; |
| --- | --- |

26.

Calls for an analysis of the possibility of adequate compensation for victims, bearing in mind also the psychological repercussions for victims’ families and children, in accordance with the applicable international and national law;

| 27. | Calls on the Commission and the Member States to empower women in respect of their rights and access to land, inheritance, credit and savings in post-conflict situations, especially in countries where women’s property rights are not legally enforceable or socially recognised; |
| --- | --- |

27.

Calls on the Commission and the Member States to empower women in respect of their rights and access to land, inheritance, credit and savings in post-conflict situations, especially in countries where women’s property rights are not legally enforceable or socially recognised;

| 28. | Stresses the need to complement the image of women as vulnerable victims with an image of women as a highly differentiated group of social actors, who possess valuable resources and capacities and who have their own agendas; maintains that women influence the course of events, and must shape the development process; takes the view that women who have been victims of war should no longer be seen only as war victims, but rather as actors in stabilisation and conflict resolution; stresses that women in general can fulfil this role only once they are equally represented in political and economic decision-making; |
| --- | --- |

28.

Stresses the need to complement the image of women as vulnerable victims with an image of women as a highly differentiated group of social actors, who possess valuable resources and capacities and who have their own agendas; maintains that women influence the course of events, and must shape the development process; takes the view that women who have been victims of war should no longer be seen only as war victims, but rather as actors in stabilisation and conflict resolution; stresses that women in general can fulfil this role only once they are equally represented in political and economic decision-making;

| 29. | Points out that people’s understanding of the role of women in post-war societies and of their contributions to post-war reconstruction must go beyond the universalistic narrative of ‘women’s experience of war’, and that the specificity and diversity of women’s experiences must be acknowledged; |
| --- | --- |

29.

Points out that people’s understanding of the role of women in post-war societies and of their contributions to post-war reconstruction must go beyond the universalistic narrative of ‘women’s experience of war’, and that the specificity and diversity of women’s experiences must be acknowledged;

Recommendations

| 30. | Calls for the creation of a Special EU Representative on Women, Peace and Security within the EEAS, in order to mainstream the gender perspective and to liaise more efficiently with its counterparts in the UN; calls for all the relevant EU policies, task forces and units/focal points dealing with gender and security to be under the coordination of, and linked to, this Special EU Representative in order to ensure coherence and efficiency, as well as the systematic, consistent and comprehensive implementation of the strategies to be adopted and the action to be taken; |
| --- | --- |

30.

Calls for the creation of a Special EU Representative on Women, Peace and Security within the EEAS, in order to mainstream the gender perspective and to liaise more efficiently with its counterparts in the UN; calls for all the relevant EU policies, task forces and units/focal points dealing with gender and security to be under the coordination of, and linked to, this Special EU Representative in order to ensure coherence and efficiency, as well as the systematic, consistent and comprehensive implementation of the strategies to be adopted and the action to be taken;

| 31. | Calls for the informal ‘Women, Peace and Security Task Force’ to be supported and recognised; |
| --- | --- |

31.

Calls for the informal ‘Women, Peace and Security Task Force’ to be supported and recognised;

| 32. | Calls for special attention to be given to gender mainstreaming in the context of peace research, conflict prevention and resolution, peace-keeping operations and post-conflict rehabilitation and reconstruction, and for a gender mainstreaming component in the Country Strategy Papers; |
| --- | --- |

32.

Calls for special attention to be given to gender mainstreaming in the context of peace research, conflict prevention and resolution, peace-keeping operations and post-conflict rehabilitation and reconstruction, and for a gender mainstreaming component in the Country Strategy Papers;

| 33. | Strongly encourages the EEAS, the Commission and the Member States to incorporate development issues – in particular the recognition of mothers’ right to receive protection and support and to care for and bring up their children, as well as women’s health and economic security, with special attention being paid to the issue of property rights, particularly in relation to land ownership and farming – into their actions affecting women in conflict zones; |
| --- | --- |

33.

Strongly encourages the EEAS, the Commission and the Member States to incorporate development issues – in particular the recognition of mothers’ right to receive protection and support and to care for and bring up their children, as well as women’s health and economic security, with special attention being paid to the issue of property rights, particularly in relation to land ownership and farming – into their actions affecting women in conflict zones;

| 34. | Welcomes the EU’s decision to adopt a list of 17 implementation indicators in order to evaluate its own performance on gender issues in fragile, conflict and post-conflict countries; stresses that these indicators, which should also include qualitative measurements, need to be improved; calls on the Commission and the EEAS to take into consideration the conclusions of this evaluation process during the programming and implementation phases; |
| --- | --- |

34.

Welcomes the EU’s decision to adopt a list of 17 implementation indicators in order to evaluate its own performance on gender issues in fragile, conflict and post-conflict countries; stresses that these indicators, which should also include qualitative measurements, need to be improved; calls on the Commission and the EEAS to take into consideration the conclusions of this evaluation process during the programming and implementation phases;

| 35. | Calls on the EEAS, in line with Article 9 of Council Decision 2010/427/EU of 26 July 2010, to ensure that the programming, implementation and monitoring of the country initiatives for promoting the gender perspective in pre-conflict, conflict and post-conflict situations are managed at delegation level in order better to target the specificities of each context and the probability of an existing regional dimension; |
| --- | --- |

35.

Calls on the EEAS, in line with Article 9 of Council Decision 2010/427/EU of 26 July 2010, to ensure that the programming, implementation and monitoring of the country initiatives for promoting the gender perspective in pre-conflict, conflict and post-conflict situations are managed at delegation level in order better to target the specificities of each context and the probability of an existing regional dimension;

| 36. | Calls on the Member States to adopt, implement and monitor their National Action Plans on women, peace and security; reiterates its call to the EU and Member States to develop in their plans and strategies a set of minimum standards comprising realistic objectives with specific indicators, benchmarks, timelines, allocated budget and an effective monitoring mechanism; underlines the importance of the involvement of NGOs in the development, implementation and monitoring of the action plans; |
| --- | --- |

36.

Calls on the Member States to adopt, implement and monitor their National Action Plans on women, peace and security; reiterates its call to the EU and Member States to develop in their plans and strategies a set of minimum standards comprising realistic objectives with specific indicators, benchmarks, timelines, allocated budget and an effective monitoring mechanism; underlines the importance of the involvement of NGOs in the development, implementation and monitoring of the action plans;

| 37. | Calls on the EU to ensure balanced recruitment in missions and operations and to promote more women to the leadership level, for example as EU Heads of Delegation to third countries and EU Heads of Mission; |
| --- | --- |

37.

Calls on the EU to ensure balanced recruitment in missions and operations and to promote more women to the leadership level, for example as EU Heads of Delegation to third countries and EU Heads of Mission;

| 38. | Highlights the Commission’s call for the EU to support third countries in complying with and implementing international obligations, such as the Convention on the Elimination of All Forms of Discrimination against Women, the Cairo Programme of Action, the Beijing Platform for Action and the UN Millennium Declaration; |
| --- | --- |

38.

Highlights the Commission’s call for the EU to support third countries in complying with and implementing international obligations, such as the Convention on the Elimination of All Forms of Discrimination against Women, the Cairo Programme of Action, the Beijing Platform for Action and the UN Millennium Declaration;

| 39. | Strongly supports the inclusion of Gender Advisors or Gender Focal Points within Common Security and Defence Policy (CSDP) missions and EU delegations and calls on the HR/VP to prevent their double-hatting and to provide them with adequate resources and authority; |
| --- | --- |

39.

Strongly supports the inclusion of Gender Advisors or Gender Focal Points within Common Security and Defence Policy (CSDP) missions and EU delegations and calls on the HR/VP to prevent their double-hatting and to provide them with adequate resources and authority;

| 40. | Underlines the importance of awareness-raising campaigns in the fight against stereotypes, discrimination (based on gender, culture or religion) and domestic violence, along with their importance for gender equality in general; notes that these campaigns should be complemented by the promotion of a positive image of women through female role models in the context of the media, advertising, educational materials and the internet; |
| --- | --- |

40.

Underlines the importance of awareness-raising campaigns in the fight against stereotypes, discrimination (based on gender, culture or religion) and domestic violence, along with their importance for gender equality in general; notes that these campaigns should be complemented by the promotion of a positive image of women through female role models in the context of the media, advertising, educational materials and the internet;

| 41. | Calls for the establishment of adequate public complaint procedures in the context of CSDP missions, which would particularly assist the reporting of sexual and gender-based violence; calls on the HR/VC to include a detailed report on women, peace and security in the six-monthly evaluation of CSDP missions; recalls that CSDP missions are one of the EU’s most important tools for demonstrating its commitment to the objectives of UNSC Resolutions 1820 and 1325 in crisis-affected countries and regions; |
| --- | --- |

41.

Calls for the establishment of adequate public complaint procedures in the context of CSDP missions, which would particularly assist the reporting of sexual and gender-based violence; calls on the HR/VC to include a detailed report on women, peace and security in the six-monthly evaluation of CSDP missions; recalls that CSDP missions are one of the EU’s most important tools for demonstrating its commitment to the objectives of UNSC Resolutions 1820 and 1325 in crisis-affected countries and regions;

| 42. | Calls for a specific allocated budget for assessing and monitoring data gathered on the basis of the indicators developed at EU level; calls for specific budget lines for gender expertise, and projects and activities on women, peace and security in CSDP missions; |
| --- | --- |

42.

Calls for a specific allocated budget for assessing and monitoring data gathered on the basis of the indicators developed at EU level; calls for specific budget lines for gender expertise, and projects and activities on women, peace and security in CSDP missions;

| 43. | Calls on the EU’s budgetary authority to increase the financial resources allocated for promoting gender equality and women’s rights in the future Development Financing Instruments for the 2014-2020 period; |
| --- | --- |

43.

Calls on the EU’s budgetary authority to increase the financial resources allocated for promoting gender equality and women’s rights in the future Development Financing Instruments for the 2014-2020 period;

| 44. | Calls on the EU High Representative and the Commission to take the necessary measures to improve the complementarity and timely mobilisation of all financial instruments for EU external action, namely the European Development Fund, the Development Cooperation Instrument, the European Neighbourhood and Partnership Instrument, the Instrument for Pre-Accession Assistance, the European Instrument for Democracy and Human Rights and the Instrument for Stability, in order to avoid fragmentation of the EU’s response to women’s situation in war; |
| --- | --- |

44.

Calls on the EU High Representative and the Commission to take the necessary measures to improve the complementarity and timely mobilisation of all financial instruments for EU external action, namely the European Development Fund, the Development Cooperation Instrument, the European Neighbourhood and Partnership Instrument, the Instrument for Pre-Accession Assistance, the European Instrument for Democracy and Human Rights and the Instrument for Stability, in order to avoid fragmentation of the EU’s response to women’s situation in war;

| 45. | Calls for specific support from the European Institute for Gender Equality (EIGE) as regards the collection, processing and dissemination of effective gender mainstreaming practices in the implementation of the Beijing indicators in the area of women and armed conflicts; |
| --- | --- |

45.

Calls for specific support from the European Institute for Gender Equality (EIGE) as regards the collection, processing and dissemination of effective gender mainstreaming practices in the implementation of the Beijing indicators in the area of women and armed conflicts;

| 46. | Highlights the important role played by the EC/UN Partnership on Gender Equality for Development and Peace, which aims to identify approaches with which to integrate gender equality and women’s human rights into new aid modalities, to provide support for national partners’ efforts to fulfil international obligations on gender equality and to match their commitment to gender equality with adequate financial allocations in national development programmes and budgets; stresses that this project has a specific focus on the role of women in conflict and post-conflict situations, and especially on the proper implementation of UN Security Council Resolution 1325; |
| --- | --- |

46.

Highlights the important role played by the EC/UN Partnership on Gender Equality for Development and Peace, which aims to identify approaches with which to integrate gender equality and women’s human rights into new aid modalities, to provide support for national partners’ efforts to fulfil international obligations on gender equality and to match their commitment to gender equality with adequate financial allocations in national development programmes and budgets; stresses that this project has a specific focus on the role of women in conflict and post-conflict situations, and especially on the proper implementation of UN Security Council Resolution 1325;

| 47. | Calls for the Union, when proposing aid for post-conflict reconstruction, to focus on setting up schools with a view to improving education for boys and girls; |
| --- | --- |

47.

Calls for the Union, when proposing aid for post-conflict reconstruction, to focus on setting up schools with a view to improving education for boys and girls;

| 48. | Welcomes the various initiatives to create gender-specific early-warning and conflict surveillance indicators, such as those taken by UN Women, the Council of Europe, the Swiss Foundation for Peace, International Alert and the Forum on Early Warning and Early Response; |
| --- | --- |

48.

Welcomes the various initiatives to create gender-specific early-warning and conflict surveillance indicators, such as those taken by UN Women, the Council of Europe, the Swiss Foundation for Peace, International Alert and the Forum on Early Warning and Early Response;

| 49. | Emphasises the importance of putting women at the centre of water supply, sanitation and hygiene policy in conflict and post-conflict areas, and emphasises, therefore, the importance of increasing access to safe drinking water, adequate sanitation and water for productive uses; |
| --- | --- |

49.

Emphasises the importance of putting women at the centre of water supply, sanitation and hygiene policy in conflict and post-conflict areas, and emphasises, therefore, the importance of increasing access to safe drinking water, adequate sanitation and water for productive uses;

*

* *

| 50. | Instructs its President to forward this resolution to the Council and the Commission, and to the governments of the Member States. |
| --- | --- |

50.

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

---

(1)  A/RES/48/104.

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

(3)  Council document 09990/2011 of 11 May 2011.

(4)  Council document 15671/1/2008 of 1 December 2008.

(5)  Council document 08373/3/2005 of 18 May 2005.

(6)  Texts adopted, P7_TA(2010)0439.

(7)  OJ C 212 E, 5.8.2010, p. 32.

(8)  OJ C 298 E, 8.12.2006, p. 287.

(9)  Ten-year Impact Study on Implementation of UN Security Council Resolution 1325 (2000) on Women, Peace and Security in Peacekeeping, Final Report to the United Nations Department of Peacekeeping Operations Department of Field Support, 2010.

(10)  Council doc. 11948/2010 of 14 July 2010.

(11)  Council doc. 09990/2011 of 11 May 2011.

(12)  As laid down in Article 25 of the Universal Declaration of Human Rights and in the Council of Europe’s European Social Charter (revised), Part I, Principle 11.

(13)  56th World Health Assembly A56/27, Provisional Agenda Item 14.18, 24 April 2003, International Conference on Primary Health Care, Alma-Ata: 25th anniversary, report by the Secretariat.

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| 20.8.2013 | EN | Official Journal of the European Union | CE 239/83 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

CE 239/83

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Thursday 2 February 2012EU development cooperation in support of the objective of universal energy access by 2030

P7_TA(2012)0029

European Parliament resolution of 2 February 2012 on EU development cooperation in support of the objective of universal energy access by 2030 (2011/2112(INI))

2013/C 239 E/13

The European Parliament,

| — | having regard to the designation of 2012 as the International Year of Sustainable Energy for All by the United Nations General Assembly in recognition of the importance of access to energy for sustainable economic development and the achievement of the Millennium Development Goals (MDGs) (1), |
| --- | --- |

—

having regard to the designation of 2012 as the International Year of Sustainable Energy for All by the United Nations General Assembly in recognition of the importance of access to energy for sustainable economic development and the achievement of the Millennium Development Goals (MDGs) (1),

| — | having regard to UN Secretary-General Ban Ki-moon’s launching of a Sustainable Energy for All Initiative (2), |
| --- | --- |

—

having regard to UN Secretary-General Ban Ki-moon’s launching of a Sustainable Energy for All Initiative (2),

| — | having regard to UN Secretary-General Ban Ki-moon’s setting up of an Advisory Group on Energy and Climate Change (AGECC) and to its recommendations of 28 April 2010, in which it identified as priorities the international target of universal access to modern energy services for all by 2030 and the reduction of global energy intensity by 40 % by 2030 (3), |
| --- | --- |

—

having regard to UN Secretary-General Ban Ki-moon’s setting up of an Advisory Group on Energy and Climate Change (AGECC) and to its recommendations of 28 April 2010, in which it identified as priorities the international target of universal access to modern energy services for all by 2030 and the reduction of global energy intensity by 40 % by 2030 (3),

| — | having regard to the World Energy Outlook 2011 of the International Energy Agency (IEA), which emphasises that worldwide about 1,3 billion people have no access to electricity and, furthermore, that approximately 2,7 billion people are without clean cooking facilities, |
| --- | --- |

—

having regard to the World Energy Outlook 2011 of the International Energy Agency (IEA), which emphasises that worldwide about 1,3 billion people have no access to electricity and, furthermore, that approximately 2,7 billion people are without clean cooking facilities,

| — | having regard to the high-level international conference on Energy for All – Financing Access for the Poor held in Oslo, Norway, on 10-11 October 2011 and to the launching of the International Energy and Climate Partnership – Energy+ Initiative, |
| --- | --- |

—

having regard to the high-level international conference on Energy for All – Financing Access for the Poor held in Oslo, Norway, on 10-11 October 2011 and to the launching of the International Energy and Climate Partnership – Energy+ Initiative,

| — | having regard to the conclusions of the Council of the European Union of 19 May 2009 on access to sustainable energy resources at local level in developing countries, which recalled that ‘access to sustainable energy sources and modern energy services is a prerequisite for economic growth and social development, as well as for the achievement of the Millennium Development Goals (MDGs),’ and that ‘a focus on sustainable energy will consolidate progress towards the MDGs and will contribute to address the global crisis and to mitigate climate change’, |
| --- | --- |

—

having regard to the conclusions of the Council of the European Union of 19 May 2009 on access to sustainable energy resources at local level in developing countries, which recalled that ‘access to sustainable energy sources and modern energy services is a prerequisite for economic growth and social development, as well as for the achievement of the Millennium Development Goals (MDGs),’ and that ‘a focus on sustainable energy will consolidate progress towards the MDGs and will contribute to address the global crisis and to mitigate climate change’,

| — | having regard to the Communication from the Commission to the Council and the European Parliament of 17 July 2002 on energy cooperation with the developing countries (COM(2002)0408), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council and the European Parliament of 17 July 2002 on energy cooperation with the developing countries (COM(2002)0408),

| — | having regard to the Communication from the Commission to the Council and the European Parliament of 26 October 2004 on the future development of the EU Energy Initiative and the modalities for the establishment of an Energy Facility for ACP countries (COM(2004)0711), |
| --- | --- |

—

having regard to the Communication from the Commission to the Council and the European Parliament of 26 October 2004 on the future development of the EU Energy Initiative and the modalities for the establishment of an Energy Facility for ACP countries (COM(2004)0711),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 13 October 2011 on increasing the impact of EU Development Policy: an Agenda for Change (COM(2011)0637), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 13 October 2011 on increasing the impact of EU Development Policy: an Agenda for Change (COM(2011)0637),

| — | 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 (A7-0442/2011), |
| --- | --- |

—

having regard to the report of the Committee on Development (A7-0442/2011),

| A. | whereas worldwide about 1,3 billion people – 84 % of whom live in rural areas – have no access to electricity; whereas, furthermore, 2,7 billion people are without clean cooking facilities (4), a situation that creates indoor smoke which is responsible for over 1,4 million premature deaths per year, making it, after HIV/Aids, the second most frequent reason for premature deaths worldwide (5); whereas the current lack of access to modern energy services in many poor countries has led to gender inequality and particularly disadvantages women and children, |
| --- | --- |

A.

whereas worldwide about 1,3 billion people – 84 % of whom live in rural areas – have no access to electricity; whereas, furthermore, 2,7 billion people are without clean cooking facilities (4), a situation that creates indoor smoke which is responsible for over 1,4 million premature deaths per year, making it, after HIV/Aids, the second most frequent reason for premature deaths worldwide (5); whereas the current lack of access to modern energy services in many poor countries has led to gender inequality and particularly disadvantages women and children,

| B. | whereas access to energy is essential to the realisation of several of the rights contained in the 1966 International Covenant on Economic, Social and Cultural Rights and other international human rights and environmental legal instruments, |
| --- | --- |

B.

whereas access to energy is essential to the realisation of several of the rights contained in the 1966 International Covenant on Economic, Social and Cultural Rights and other international human rights and environmental legal instruments,

| C. | whereas the MDGs will not be achieved unless substantial progress is made on improving energy access, which requires an estimated annual investment of USD 48 billion by 2030, which is equivalent to around 3 % of the global investment in energy infrastructure projected over the period to 2030 and would result in a modest increase in CO2 emission of 0,7 % by 2030 (6); |
| --- | --- |

C.

whereas the MDGs will not be achieved unless substantial progress is made on improving energy access, which requires an estimated annual investment of USD 48 billion by 2030, which is equivalent to around 3 % of the global investment in energy infrastructure projected over the period to 2030 and would result in a modest increase in CO2 emission of 0,7 % by 2030 (6);

| D. | whereas renewable energy sources, and especially small decentralised solutions, have huge potential for providing reliable, sustainable and affordable energy services for the poor, particularly in rural areas of developing countries; whereas developing countries are situated in areas with access to abundant renewable energy sources, especially wind and solar; whereas many challenges remain to ensure their expansion in developing countries, including financing, capacity building, technology transfer and governance reform, |
| --- | --- |

D.

whereas renewable energy sources, and especially small decentralised solutions, have huge potential for providing reliable, sustainable and affordable energy services for the poor, particularly in rural areas of developing countries; whereas developing countries are situated in areas with access to abundant renewable energy sources, especially wind and solar; whereas many challenges remain to ensure their expansion in developing countries, including financing, capacity building, technology transfer and governance reform,

| E. | whereas the use of renewable energy technologies is essential for developing countries to reduce their dependence on fossil fuel imports and related price volatility; whereas large-scale renewable projects (such as hydro or energy crops) can also have severe social and environmental consequences for the local population, i.e. on water or food security; whereas a careful assessment of the environmental impacts of renewable energy technologies is therefore an important prerequisite for donor finance, |
| --- | --- |

E.

whereas the use of renewable energy technologies is essential for developing countries to reduce their dependence on fossil fuel imports and related price volatility; whereas large-scale renewable projects (such as hydro or energy crops) can also have severe social and environmental consequences for the local population, i.e. on water or food security; whereas a careful assessment of the environmental impacts of renewable energy technologies is therefore an important prerequisite for donor finance,

| F. | whereas access to modern, sustainable energy services for all means access to the full range of energy services (not just electricity) needed and wanted, for example lighting, cooking and water heating, space heating, cooling, access to information and communications, and energy for productive uses and income generation; |
| --- | --- |

F.

whereas access to modern, sustainable energy services for all means access to the full range of energy services (not just electricity) needed and wanted, for example lighting, cooking and water heating, space heating, cooling, access to information and communications, and energy for productive uses and income generation;

| G. | whereas only 8 % of the USD 409 billion granted in fossil-fuel subsidies in developing countries in 2010 went to the 20 % of the population with the lowest income (7); |
| --- | --- |

G.

whereas only 8 % of the USD 409 billion granted in fossil-fuel subsidies in developing countries in 2010 went to the 20 % of the population with the lowest income (7);

| H. | whereas the results of the Energy Development Index correlate strongly with those of the Human Development Index on life expectancy, education, per capita GDP and other standard of living indicators; |
| --- | --- |

H.

whereas the results of the Energy Development Index correlate strongly with those of the Human Development Index on life expectancy, education, per capita GDP and other standard of living indicators;

| I. | whereas in Sub-Saharan Africa nearly 70% of the total inhabitants do not have access to electricity; whereas population growth has outpaced electrification and the number of people without access to electricity has increased, |
| --- | --- |

I.

whereas in Sub-Saharan Africa nearly 70% of the total inhabitants do not have access to electricity; whereas population growth has outpaced electrification and the number of people without access to electricity has increased,

| J. | whereas in LDCs in particular only a small minority of the population has access to the grid; whereas grid access will not reach the whole population in the foreseeable future, making decentralised solutions such as small-scale, off-grid and mini-grid energy solutions the only viable way to provide universal energy access in the years to come; |
| --- | --- |

J.

whereas in LDCs in particular only a small minority of the population has access to the grid; whereas grid access will not reach the whole population in the foreseeable future, making decentralised solutions such as small-scale, off-grid and mini-grid energy solutions the only viable way to provide universal energy access in the years to come;

| K. | whereas respect for the rule of law and strong governance are key factors that should be promoted in order to attract the private investment needed to fully achieve universal access to energy, |
| --- | --- |

K.

whereas respect for the rule of law and strong governance are key factors that should be promoted in order to attract the private investment needed to fully achieve universal access to energy,

| L. | whereas the last Commission communications on the topic of energy in development cooperation were issued in 2002 and 2004; |
| --- | --- |

L.

whereas the last Commission communications on the topic of energy in development cooperation were issued in 2002 and 2004;

| 1. | Stresses that although there is no Millennium Development Goal specifically related to energy, access to modern, sustainable energy services for all (hereinafter ‘universal energy access’) is a prerequisite for achieving the MDGs; believes therefore that energy should move to the forefront of the debate on eradication of poverty, while ensuring that increased access to modern energy services is consistent with sustainable development; urges the Commission to issue a communication on development cooperation in support of universal energy access for the year 2012, which has been dedicated to this issue by the UN; |
| --- | --- |

1.

Stresses that although there is no Millennium Development Goal specifically related to energy, access to modern, sustainable energy services for all (hereinafter ‘universal energy access’) is a prerequisite for achieving the MDGs; believes therefore that energy should move to the forefront of the debate on eradication of poverty, while ensuring that increased access to modern energy services is consistent with sustainable development; urges the Commission to issue a communication on development cooperation in support of universal energy access for the year 2012, which has been dedicated to this issue by the UN;

| 2. | Urges the Commission and the Member States to endorse and commit to supporting the (UN-created) international target of universal energy access by 2030, and to align their policies and development cooperation with this objective; |
| --- | --- |

2.

Urges the Commission and the Member States to endorse and commit to supporting the (UN-created) international target of universal energy access by 2030, and to align their policies and development cooperation with this objective;

| 3. | Underlines that maximising the use of renewable energy resources represents the ideal path for the international community to take in achieving universal access to modern energy services, while combating climate change; calls on the Commission to develop an action plan to mainstream the objective of universal energy access into relevant EU policies, as well as into all sectors of development policy, such as agriculture, industry, trade, health and water, and to ensure there is coherence across policies and sectors for the universal energy access objective; |
| --- | --- |

3.

Underlines that maximising the use of renewable energy resources represents the ideal path for the international community to take in achieving universal access to modern energy services, while combating climate change; calls on the Commission to develop an action plan to mainstream the objective of universal energy access into relevant EU policies, as well as into all sectors of development policy, such as agriculture, industry, trade, health and water, and to ensure there is coherence across policies and sectors for the universal energy access objective;

| 4. | Welcomes the mention of energy as one focal point of the ‘Agenda for Change’ and expects the Commission to act accordingly; calls on the Commission neither to subordinate energy access to, nor to mistake it for, the other focal points of energy security and climate change that are also mentioned; |
| --- | --- |

4.

Welcomes the mention of energy as one focal point of the ‘Agenda for Change’ and expects the Commission to act accordingly; calls on the Commission neither to subordinate energy access to, nor to mistake it for, the other focal points of energy security and climate change that are also mentioned;

| 5. | Encourages the establishment of a specific ‘energy and development’ programme, with special focus on universal energy access, within EU development cooperation; |
| --- | --- |

5.

Encourages the establishment of a specific ‘energy and development’ programme, with special focus on universal energy access, within EU development cooperation;

| 6. | Notes that experiences have shown that centralised power capacity and grid extension targets have often failed to improve energy services for the poor; stresses, therefore, the need to support renewable decentralised solutions, such as small-scale, off-grid and mini-grid energy solutions, to reach all parts of developing countries’ populations, particularly poor and rural populations; calls on the EU to target its efforts, financially and technically, towards these small-scale solutions to energy poverty in remote areas; |
| --- | --- |

6.

Notes that experiences have shown that centralised power capacity and grid extension targets have often failed to improve energy services for the poor; stresses, therefore, the need to support renewable decentralised solutions, such as small-scale, off-grid and mini-grid energy solutions, to reach all parts of developing countries’ populations, particularly poor and rural populations; calls on the EU to target its efforts, financially and technically, towards these small-scale solutions to energy poverty in remote areas;

| 7. | Notes the huge potential for renewable energy in many developing countries to guarantee sustainable energy supply and reduce dependency on fossil fuels, thereby decreasing vulnerability to energy price fluctuation; |
| --- | --- |

7.

Notes the huge potential for renewable energy in many developing countries to guarantee sustainable energy supply and reduce dependency on fossil fuels, thereby decreasing vulnerability to energy price fluctuation;

| 8. | Underlines that the Energy Facility is internationally one of the very few financial mechanisms that provides funding for small-scale renewable energy solutions, and calls on the Commission to continue and extend funding for this kind of project in the next financial period from 2014 on; |
| --- | --- |

8.

Underlines that the Energy Facility is internationally one of the very few financial mechanisms that provides funding for small-scale renewable energy solutions, and calls on the Commission to continue and extend funding for this kind of project in the next financial period from 2014 on;

| 9. | Calls on the Commission to evaluate the impact of investments supported by the Energy Facility on improving access to basic energy services for people living in poverty, and to improve the efficiency and effectiveness of the Energy Facility’s successor in the new financial period after 2013 accordingly; |
| --- | --- |

9.

Calls on the Commission to evaluate the impact of investments supported by the Energy Facility on improving access to basic energy services for people living in poverty, and to improve the efficiency and effectiveness of the Energy Facility’s successor in the new financial period after 2013 accordingly;

| 10. | Stresses that, if implemented correctly, the use of renewable sources to provide energy services can offer an economic solution in developing countries with benefits to health, the environment and local development; stresses, however, the need to take into account the environmental impact of the use of renewable energy to improve universal access to energy, especially in the case of hydropower, biomass or agrofuels; |
| --- | --- |

10.

Stresses that, if implemented correctly, the use of renewable sources to provide energy services can offer an economic solution in developing countries with benefits to health, the environment and local development; stresses, however, the need to take into account the environmental impact of the use of renewable energy to improve universal access to energy, especially in the case of hydropower, biomass or agrofuels;

| 11. | Calls on the EU to develop clear guidelines on environmental sustainability criteria for renewable energy projects financing; calls on the Commission to make the use of decentralised renewable energy or sustainable low-carbon/high energy efficiency a priority condition for support of new energy projects; |
| --- | --- |

11.

Calls on the EU to develop clear guidelines on environmental sustainability criteria for renewable energy projects financing; calls on the Commission to make the use of decentralised renewable energy or sustainable low-carbon/high energy efficiency a priority condition for support of new energy projects;

| 12. | Underlines the role that private companies should play in allowing developing countries to reach the MDGs, giving particular consideration to universal access to energy; highlights moreover the importance of supporting the development of financial resources and technological proficiencies adapted to low-income markets, in particular through the stronger involvement of private companies in national and international institutional partnerships; |
| --- | --- |

12.

Underlines the role that private companies should play in allowing developing countries to reach the MDGs, giving particular consideration to universal access to energy; highlights moreover the importance of supporting the development of financial resources and technological proficiencies adapted to low-income markets, in particular through the stronger involvement of private companies in national and international institutional partnerships;

| 13. | Encourages the Commission and the Member States to support, through development cooperation and the Energy Facility, the transfer of technologies, including technical knowledge, information, and good practices, appropriate for the delivery of modern energy services to poor people, between partner countries in the South and between Europe and the South, devoted to capacity development, including twinning, staff exchange and practical training, in order to assess and absorb technological options; encourages also the transfer of energy efficiency technology in this regard to enable energy to be used in the most productive way, so as to maximise the energy services that a given amount of energy can offer; |
| --- | --- |

13.

Encourages the Commission and the Member States to support, through development cooperation and the Energy Facility, the transfer of technologies, including technical knowledge, information, and good practices, appropriate for the delivery of modern energy services to poor people, between partner countries in the South and between Europe and the South, devoted to capacity development, including twinning, staff exchange and practical training, in order to assess and absorb technological options; encourages also the transfer of energy efficiency technology in this regard to enable energy to be used in the most productive way, so as to maximise the energy services that a given amount of energy can offer;

| 14. | Calls for special attention to be paid to productive uses of energy in project/programme development as well as financing, as a key mechanism for socio-economic promotion and income generation; |
| --- | --- |

14.

Calls for special attention to be paid to productive uses of energy in project/programme development as well as financing, as a key mechanism for socio-economic promotion and income generation;

| 15. | Underlines that effective partnerships between the public sector, the private sector, communities and local governments will be necessary to expand access to sustainable energy services; calls on the Commission to use, wherever possible, a market approach to new/innovative energy solutions, for example by fostering local production, facilitating their introduction onto the market or providing market information, in order to ensure local ownership and sustainability; calls, in particular, on the Commission to promote governance capacity building to enable replicability of small-scale energy service projects through the promotion of SMEs; |
| --- | --- |

15.

Underlines that effective partnerships between the public sector, the private sector, communities and local governments will be necessary to expand access to sustainable energy services; calls on the Commission to use, wherever possible, a market approach to new/innovative energy solutions, for example by fostering local production, facilitating their introduction onto the market or providing market information, in order to ensure local ownership and sustainability; calls, in particular, on the Commission to promote governance capacity building to enable replicability of small-scale energy service projects through the promotion of SMEs;

| 16. | Believes that private investment and its participation is fundamental to fully achieve universal access to energy; calls therefore on the Commission to promote the rule of law in all its aid actions, particularly in the least developed countries; |
| --- | --- |

16.

Believes that private investment and its participation is fundamental to fully achieve universal access to energy; calls therefore on the Commission to promote the rule of law in all its aid actions, particularly in the least developed countries;

| 17. | Calls on the EU Delegations to provide information on taxes, incentives and regulatory requirements in developing countries to those EU companies who want to invest in the energy sector; |
| --- | --- |

17.

Calls on the EU Delegations to provide information on taxes, incentives and regulatory requirements in developing countries to those EU companies who want to invest in the energy sector;

| 18. | Calls on the European Commission to facilitate the sharing of best practices concerning the most efficient incentives for facilitating the expansion of energy infrastructure in developing countries; |
| --- | --- |

18.

Calls on the European Commission to facilitate the sharing of best practices concerning the most efficient incentives for facilitating the expansion of energy infrastructure in developing countries;

| 19. | Encourages support for the development and promotion of sound policy and legal frameworks and of technical standards that strengthen local capacity and generate confidence among private-sector investors, including the mobilisation of local investment sources; |
| --- | --- |

19.

Encourages support for the development and promotion of sound policy and legal frameworks and of technical standards that strengthen local capacity and generate confidence among private-sector investors, including the mobilisation of local investment sources;

| 20. | Underlines the pivotal role of public funds from partner governments, international financial institutions and ODA in leveraging the necessary private investment; underlines also that EU aid for improving access to energy should support local economies, green jobs and poverty reduction and must not be tied to the involvement of, or used to subsidise, EU businesses; |
| --- | --- |

20.

Underlines the pivotal role of public funds from partner governments, international financial institutions and ODA in leveraging the necessary private investment; underlines also that EU aid for improving access to energy should support local economies, green jobs and poverty reduction and must not be tied to the involvement of, or used to subsidise, EU businesses;

| 21. | Recognises that the public sector alone will not be able to provide all the financing needs required to expand energy access; points out, in this respect, the importance of private investors and market-oriented reforms in the energy sector; underlines, however, that increasing focus on the use of public-private partnerships and attracting funds from private financiers may adversely diminish the financial attractiveness of local renewable energy projects, since such projects are less ‘bankable’ than major, grid-connected projects, which often serve large industries; underlines, therefore, that the ultimate responsibility for ensuring access to universal services, especially affordable energy for poor and remote populations, remains that of the state; |
| --- | --- |

21.

Recognises that the public sector alone will not be able to provide all the financing needs required to expand energy access; points out, in this respect, the importance of private investors and market-oriented reforms in the energy sector; underlines, however, that increasing focus on the use of public-private partnerships and attracting funds from private financiers may adversely diminish the financial attractiveness of local renewable energy projects, since such projects are less ‘bankable’ than major, grid-connected projects, which often serve large industries; underlines, therefore, that the ultimate responsibility for ensuring access to universal services, especially affordable energy for poor and remote populations, remains that of the state;

| 22. | Highlights the fact that there are numerous ways for partner governments to further universal energy access through legislation, regulation, contracts or licensing by imposing universal service obligations, tailored to the country’s needs and possibilities, such as:






  — | coverage targets in concession or licensing agreements, |
| --- | --- | --- |

22.

Highlights the fact that there are numerous ways for partner governments to further universal energy access through legislation, regulation, contracts or licensing by imposing universal service obligations, tailored to the country’s needs and possibilities, such as:

—

coverage targets in concession or licensing agreements,

| — | differential consumer treatment based on financial capacity, |
| --- | --- |

—

differential consumer treatment based on financial capacity,

| — | subsidies or funds targeted to particular consumer categories and remote rural areas, |
| --- | --- |

—

subsidies or funds targeted to particular consumer categories and remote rural areas,

| — | review of counterproductive subsidies, taxes and duties, for example a shift from pro-fossil to ‘pro-decentralised-renewable’ in order to improve energy access and energy efficiency, |
| --- | --- |

—

review of counterproductive subsidies, taxes and duties, for example a shift from pro-fossil to ‘pro-decentralised-renewable’ in order to improve energy access and energy efficiency,

| — | liberalising operators’ entry to unserved areas, |
| --- | --- |

—

liberalising operators’ entry to unserved areas,

| — | fiscal incentives to facilitate expanded infrastructure; |
| --- | --- |

—

fiscal incentives to facilitate expanded infrastructure;

| — | measures to ensure that available energy is used as efficiently as possible; |
| --- | --- |

—

measures to ensure that available energy is used as efficiently as possible;

| 23. | Calls on the developing countries to commit seriously to the goal of universal energy access, and recommends increased assistance to ministries of energy in developing countries to enable them to make the case for support – in the new financial period – for universal energy access, including the development of long-term sustainable energy strategies and improved regional cooperation in energy matters; |
| --- | --- |

23.

Calls on the developing countries to commit seriously to the goal of universal energy access, and recommends increased assistance to ministries of energy in developing countries to enable them to make the case for support – in the new financial period – for universal energy access, including the development of long-term sustainable energy strategies and improved regional cooperation in energy matters;

| 24. | Highlights the importance of transparent, democratic participation by civil society, local authorities and regulators in the energy sector, to enable them to supervise the provision of universal energy access, and also in order to ensure good governance and fair competition and to curb corruption; |
| --- | --- |

24.

Highlights the importance of transparent, democratic participation by civil society, local authorities and regulators in the energy sector, to enable them to supervise the provision of universal energy access, and also in order to ensure good governance and fair competition and to curb corruption;

| 25. | Urges the national parliaments of developing countries and NGOs to play their proper role in ensuring and monitoring transparency, democratic processes and a stable legal environment; |
| --- | --- |

25.

Urges the national parliaments of developing countries and NGOs to play their proper role in ensuring and monitoring transparency, democratic processes and a stable legal environment;

| 26. | Notes with concern that the Africa-EU Energy Partnership (AEEP) and its sub-programme for renewable energy seems primarily to focus on large projects and interconnectors with less emphasis on local energy solutions; urges the EU to refrain from developing a top-down approach on developing energy infrastructure, bearing in mind that large-scale infrastructures may not suit the economic and social structure of the country and fail to provide energy access to the poor, for whom smaller local energy sources are usually more appropriate; |
| --- | --- |

26.

Notes with concern that the Africa-EU Energy Partnership (AEEP) and its sub-programme for renewable energy seems primarily to focus on large projects and interconnectors with less emphasis on local energy solutions; urges the EU to refrain from developing a top-down approach on developing energy infrastructure, bearing in mind that large-scale infrastructures may not suit the economic and social structure of the country and fail to provide energy access to the poor, for whom smaller local energy sources are usually more appropriate;

| 27. | Encourages the EU to dialogue with partner governments and civil society in developing countries in order to ensure that both national energy policies and poverty reduction strategies take account of universal energy access; |
| --- | --- |

27.

Encourages the EU to dialogue with partner governments and civil society in developing countries in order to ensure that both national energy policies and poverty reduction strategies take account of universal energy access;

| 28. | Asks for dialogue with partner countries and regional bodies to include specific consideration of the benefits of including the development of cooking energy services in national and regional development plans, and for the partner countries and regional bodies to be encouraged to engage in dialogue with local authorities and non-state actors involved in the field of household energy (cooking) with a view to determining how best to ensure significant scale-up and to reducing the number of deaths from respiratory diseases; encourages the use of more efficient cooking devices, as the traditional burning of large quantities of biomass on open fires has a detrimental impact on health, particularly for women and children, as well as negative impacts on deforestation; |
| --- | --- |

28.

Asks for dialogue with partner countries and regional bodies to include specific consideration of the benefits of including the development of cooking energy services in national and regional development plans, and for the partner countries and regional bodies to be encouraged to engage in dialogue with local authorities and non-state actors involved in the field of household energy (cooking) with a view to determining how best to ensure significant scale-up and to reducing the number of deaths from respiratory diseases; encourages the use of more efficient cooking devices, as the traditional burning of large quantities of biomass on open fires has a detrimental impact on health, particularly for women and children, as well as negative impacts on deforestation;

| 29. | Asks the Commission to report annually on progress towards achievement of the universal energy access target, having established reliable indicators, and on the contribution that EU development cooperation has made to this; |
| --- | --- |

29.

Asks the Commission to report annually on progress towards achievement of the universal energy access target, having established reliable indicators, and on the contribution that EU development cooperation has made to this;

| 30. | Advocates that the Commission’s and the Member States’ support for energy service development should be based on an assessment of the relative financial cost and performance of all options, taking into account contributions to MDGs and national development objectives, as well as the relative costs and benefits of decentralised and centralised energy systems; |
| --- | --- |

30.

Advocates that the Commission’s and the Member States’ support for energy service development should be based on an assessment of the relative financial cost and performance of all options, taking into account contributions to MDGs and national development objectives, as well as the relative costs and benefits of decentralised and centralised energy systems;

| 31. | Emphasises the importance of integrating the MDGs - in particular those related to poverty as access to affordable energy services is only possible by reducing the number of people living on USD 1 per day by 2015 - into the national energy strategies of developing countries; |
| --- | --- |

31.

Emphasises the importance of integrating the MDGs - in particular those related to poverty as access to affordable energy services is only possible by reducing the number of people living on USD 1 per day by 2015 - into the national energy strategies of developing countries;

| 32. | Asks the Commission to review and use accordingly the potential sources of finance from climate-change- and carbon-market-related sources for investment in universal sustainable low-carbon energy access for the poor; |
| --- | --- |

32.

Asks the Commission to review and use accordingly the potential sources of finance from climate-change- and carbon-market-related sources for investment in universal sustainable low-carbon energy access for the poor;

| 33. | Calls on the Commission to support new results-based approaches in the energy sector, such as results-based financing, cash on delivery or output-based aid, which are currently also being tested by other donors, thus highlighting the importance of demand-driven aid (‘partner requests it’) instead of supply-based aid (‘donor has an expert available’); |
| --- | --- |

33.

Calls on the Commission to support new results-based approaches in the energy sector, such as results-based financing, cash on delivery or output-based aid, which are currently also being tested by other donors, thus highlighting the importance of demand-driven aid (‘partner requests it’) instead of supply-based aid (‘donor has an expert available’);

| 34. | Urges the Commission and the Member States to recognise that energy consumption by the poor in developing countries does not, and for the foreseeable future will not, contribute significantly to global greenhouse gas emissions (1,3 % of global emissions by 2030, according to the IEA), and that in order to achieve a minimum acceptable standard of living their per capita consumption of modern energy services should increase without being constrained by climate change mitigation measures that are too strict; |
| --- | --- |

34.

Urges the Commission and the Member States to recognise that energy consumption by the poor in developing countries does not, and for the foreseeable future will not, contribute significantly to global greenhouse gas emissions (1,3 % of global emissions by 2030, according to the IEA), and that in order to achieve a minimum acceptable standard of living their per capita consumption of modern energy services should increase without being constrained by climate change mitigation measures that are too strict;

| 35. | Notes with concern that large hydropower infrastructure remains a focus for the World Bank and the EIB; recalls that experiences have shown that such projects do not necessarily increase access for the poor, but that this aim is better served through mini-hydro or micro-hydro power units for local demand, thereby avoiding the social and environmental drawbacks of larger projects; |
| --- | --- |

35.

Notes with concern that large hydropower infrastructure remains a focus for the World Bank and the EIB; recalls that experiences have shown that such projects do not necessarily increase access for the poor, but that this aim is better served through mini-hydro or micro-hydro power units for local demand, thereby avoiding the social and environmental drawbacks of larger projects;

| 36. | Regrets the absence of sensitivity and banking capacity for small-scale energy projects on the part of the EIB, the European development finance institutions and the international financial institutions, and demands that they make universal energy access the focus of their engagement in the energy sector, also supporting small-scale and off-grid projects, particularly in rural areas, and integrating universal service obligations for the provision of universal energy access into their energy projects and grants; |
| --- | --- |

36.

Regrets the absence of sensitivity and banking capacity for small-scale energy projects on the part of the EIB, the European development finance institutions and the international financial institutions, and demands that they make universal energy access the focus of their engagement in the energy sector, also supporting small-scale and off-grid projects, particularly in rural areas, and integrating universal service obligations for the provision of universal energy access into their energy projects and grants;

| 37. | Calls on the Commission and the Member States neither to fund nor to otherwise encourage the use of nuclear power in developing countries, given the serious security and sustainability concerns; |
| --- | --- |

37.

Calls on the Commission and the Member States neither to fund nor to otherwise encourage the use of nuclear power in developing countries, given the serious security and sustainability concerns;

| 38. | Recommends the work of the European Union Energy Initiative (EUEI), the EUEI Partnership Dialogue Facility (EUEI-PDF) and the Africa-EU Energy Partnership, welcomes the Energy+ Initiative and calls on the Commission and the Member States to step up participation and engagement in these initiatives, thus promoting international aid coordination in the field of energy; |
| --- | --- |

38.

Recommends the work of the European Union Energy Initiative (EUEI), the EUEI Partnership Dialogue Facility (EUEI-PDF) and the Africa-EU Energy Partnership, welcomes the Energy+ Initiative and calls on the Commission and the Member States to step up participation and engagement in these initiatives, thus promoting international aid coordination in the field of energy;

| 39. | Takes the view that the Rio+20 summit in June 2012 is an opportunity to propose concrete targets on how to abolish energy poverty and a roadmap on how to achieve them as a global strategy for greening the economy; calls on the Commission and the Member States to include universal energy access in the Rio+20 process; |
| --- | --- |

39.

Takes the view that the Rio+20 summit in June 2012 is an opportunity to propose concrete targets on how to abolish energy poverty and a roadmap on how to achieve them as a global strategy for greening the economy; calls on the Commission and the Member States to include universal energy access in the Rio+20 process;

| 40. | Calls for the inclusion of universal energy access in the – yet to be formulated – post-2015 MDGs; |
| --- | --- |

40.

Calls for the inclusion of universal energy access in the – yet to be formulated – post-2015 MDGs;

| 41. | Instructs its President to forward this resolution to the Commission, the Council, the EEAS and the ACP-EU Council of Ministers. |
| --- | --- |

41.

Instructs its President to forward this resolution to the Commission, the Council, the EEAS and the ACP-EU Council of Ministers.

---

(1)  United Nations, General Assembly, Sixty-fifth session, Resolution adopted by the General Assembly, 65/151, International Year for Sustainable Energy for All, New York, 21 January 2011.

(2)  UN, Secretary-General, Ban Ki-moon, My priorities as Secretary-General;

(3)  UN, Secretary-General, Ban Ki-moon, My priorities as Secretary-General;

(4)  Energy for All, Financing Access for the Poor, special early excerpt from the World Energy Outlook 2011, first presented at the Energy for All Conference in Oslo, Norway in October 2011; OECD/IEA, October 2011 (http://www.iea.org/papers/2011/weo2011_energy_for_all.pdf), page 3.

(5)  Ibid, page 28.

(6)  Ibid, page 27.

(7)  Ibid, page 40.

---

| 20.8.2013 | EN | Official Journal of the European Union | CE 239/89 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

CE 239/89

---

Thursday 2 February 2012Annual tax report

P7_TA(2012)0030

European Parliament resolution of 2 February 2012 on the Annual Tax Report (2011/2271(INI))

2013/C 239 E/14

The European Parliament,

| — | having regard to the Communication from the European Commission ‘Double taxation in the single market’ (COM(2011)0712), and to the Proposal (recast) for a Council Directive on interest and royalty payments (COM(2011)0714), |
| --- | --- |

—

having regard to the Communication from the European Commission ‘Double taxation in the single market’ (COM(2011)0712), and to the Proposal (recast) for a Council Directive on interest and royalty payments (COM(2011)0714),

| — | having regard to the Commission’s Communication on removing cross-border tax obstacles for EU citizens (COM(2010)0769), |
| --- | --- |

—

having regard to the Commission’s Communication on removing cross-border tax obstacles for EU citizens (COM(2010)0769),

| — | having regard to the Commission’s Staff Working Document accompanying the Commission’s Communication on removing cross-border tax obstacles for EU citizens (SEC(2010)1576), |
| --- | --- |

—

having regard to the Commission’s Staff Working Document accompanying the Commission’s Communication on removing cross-border tax obstacles for EU citizens (SEC(2010)1576),

| — | having regard to the Commission’s Document on the responses received in the course of the Commission’s consultation on double taxation conventions and the internal market: Factual example of double taxation cases (1), |
| --- | --- |

—

having regard to the Commission’s Document on the responses received in the course of the Commission’s consultation on double taxation conventions and the internal market: Factual example of double taxation cases (1),

| — | having regard to the Commission’s Communication on Concluding the first European semester of economic policy coordination: Guidance for national policies in 2011-2012, (COM(2011)0400), |
| --- | --- |

—

having regard to the Commission’s Communication on Concluding the first European semester of economic policy coordination: Guidance for national policies in 2011-2012, (COM(2011)0400),

| — | having regard to the joint letter of 17 August 2011 from Nicolas Sarkozy, President of the French Republic, and Angela Merkel, Chancellor of Germany, to Herman Van Rompuy, President of the European Council, |
| --- | --- |

—

having regard to the joint letter of 17 August 2011 from Nicolas Sarkozy, President of the French Republic, and Angela Merkel, Chancellor of Germany, to Herman Van Rompuy, President of the European Council,

| — | having regard to the OECD publication ‘Corporate Loss Utilisation through Aggressive Tax Planning’, 2011 (2), |
| --- | --- |

—

having regard to the OECD publication ‘Corporate Loss Utilisation through Aggressive Tax Planning’, 2011 (2),

| — | having regard to the briefing paper ‘How effective and legitimate is the European Semester? Increasing the role of the European Parliament’ (3), |
| --- | --- |

—

having regard to the briefing paper ‘How effective and legitimate is the European Semester? Increasing the role of the European Parliament’ (3),

| — | having regard to the Commission publication ‘Taxation Trends in the EU’ (2011 Edition) (4), |
| --- | --- |

—

having regard to the Commission publication ‘Taxation Trends in the EU’ (2011 Edition) (4),

| — | having regard to the OECD Consumption Tax Trends 2010 (5), |
| --- | --- |

—

having regard to the OECD Consumption Tax Trends 2010 (5),

| — | having regard to the Mario Monti report on a new strategy for the single market, 2010, |
| --- | --- |

—

having regard to the Mario Monti report on a new strategy for the single market, 2010,

| — | having regard to the Commission’s Staff Working Document on the Economic Impact of the Commission Recommendation on Withholding Tax Relief Procedures and the FISCO Proposals (SEC(2009)1371), |
| --- | --- |

—

having regard to the Commission’s Staff Working Document on the Economic Impact of the Commission Recommendation on Withholding Tax Relief Procedures and the FISCO Proposals (SEC(2009)1371),

| — | having regard to Commission Recommendation 2009/784/EC on Withholding Tax Relief Procedures, |
| --- | --- |

—

having regard to Commission Recommendation 2009/784/EC on Withholding Tax Relief Procedures,

| — | having regard to Alain Lamassoure’s ‘Report on the Citizen and Application of Community law’ of 8 June 2008 (6), |
| --- | --- |

—

having regard to Alain Lamassoure’s ‘Report on the Citizen and Application of Community law’ of 8 June 2008 (6),

| — | having regard to its resolution of 2 September 2008 on a coordinated strategy to improve the fight against fiscal fraud (7), |
| --- | --- |

—

having regard to its resolution of 2 September 2008 on a coordinated strategy to improve the fight against fiscal fraud (7),

| — | having regard to the Commission’s Communication of 10 December 2007 on the application of anti-abuse measures in the area of direct taxation – within the EU and in relation to third countries (COM(2007)0785), |
| --- | --- |

—

having regard to the Commission’s Communication of 10 December 2007 on the application of anti-abuse measures in the area of direct taxation – within the EU and in relation to third countries (COM(2007)0785),

| — | having regard to the Commission’s Communication of 31 May 2006 concerning the need to develop a coordinated strategy to improve the fight against fiscal fraud (COM(2006)0254), |
| --- | --- |

—

having regard to the Commission’s Communication of 31 May 2006 concerning the need to develop a coordinated strategy to improve the fight against fiscal fraud (COM(2006)0254),

| — | having regard to the Commission’s Communication of 19 December 2006 on Exit taxation and the need for coordination of Member States’ tax policies (COM(2006)0825), |
| --- | --- |

—

having regard to the Commission’s Communication of 19 December 2006 on Exit taxation and the need for coordination of Member States’ tax policies (COM(2006)0825),

| — | having regard to the Eures Channel Advisers’ Report on several obstacles to mobility of EU citizens in cross-border regions, 2002 (8), |
| --- | --- |

—

having regard to the Eures Channel Advisers’ Report on several obstacles to mobility of EU citizens in cross-border regions, 2002 (8),

| — | having regard to the Commission’s Communication of 23 May 2001 on ‘Tax policy in the European Union – Priorities for the years ahead’ (COM(2001)0260), |
| --- | --- |

—

having regard to the Commission’s Communication of 23 May 2001 on ‘Tax policy in the European Union – Priorities for the years ahead’ (COM(2001)0260),

| — | having regard to Motion for a Resolution B7-0531/2011, tabled pursuant to Rule 120 by Cristina Muscardini and other Members, |
| --- | --- |

—

having regard to Motion for a Resolution B7-0531/2011, tabled pursuant to Rule 120 by Cristina Muscardini and other Members,

| — | 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 Economic and Monetary Affairs (A7-0014/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A7-0014/2012),

| A. | whereas the EU’s internal market with mobility of persons, services, goods and capital is not fully functioning and there are still areas that need to be improved; |
| --- | --- |

A.

whereas the EU’s internal market with mobility of persons, services, goods and capital is not fully functioning and there are still areas that need to be improved;

| B. | whereas EU citizens and businesses that are working and operating cross-border experience tax obstacles that are leading to significant barriers to growth and employment on the EU’s internal market, and whereas these barriers must be removed to ensure a more competitive Europe that creates growth and employment; |
| --- | --- |

B.

whereas EU citizens and businesses that are working and operating cross-border experience tax obstacles that are leading to significant barriers to growth and employment on the EU’s internal market, and whereas these barriers must be removed to ensure a more competitive Europe that creates growth and employment;

| C. | whereas the administrative cost caused by tax systems to medium-sized companies is unnecessarily burdensome and high in some Member States; |
| --- | --- |

C.

whereas the administrative cost caused by tax systems to medium-sized companies is unnecessarily burdensome and high in some Member States;

| D. | whereas the current economic and financial crisis has led to a significant rise in public debt in Europe; whereas the excessive public and private debt in the Member States has triggered the current financial crisis; whereas, in this context, the automatic stabilisers of the welfare state remain more relevant than ever to ensure growth and social cohesion; |
| --- | --- |

D.

whereas the current economic and financial crisis has led to a significant rise in public debt in Europe; whereas the excessive public and private debt in the Member States has triggered the current financial crisis; whereas, in this context, the automatic stabilisers of the welfare state remain more relevant than ever to ensure growth and social cohesion;

| E. | whereas effective taxation is of fundamental importance for public authorities, especially in Europe, to fulfil their tasks and obligations as well as citizens’ expectations; whereas states with high deficits are currently facing the need to apply measures to increase their taxes, but those measures should not be harmful to growth; |
| --- | --- |

E.

whereas effective taxation is of fundamental importance for public authorities, especially in Europe, to fulfil their tasks and obligations as well as citizens’ expectations; whereas states with high deficits are currently facing the need to apply measures to increase their taxes, but those measures should not be harmful to growth;

| F. | whereas sound fiscal consolidation, together with fairer and more targeted distribution of the tax burden, is necessary to ensure fiscal credibility, and the reduction of debt requires both expenditure restraint and tax increases, while growth-oriented tax changes must be given priority; whereas this will create the foundations for long-term growth; |
| --- | --- |

F.

whereas sound fiscal consolidation, together with fairer and more targeted distribution of the tax burden, is necessary to ensure fiscal credibility, and the reduction of debt requires both expenditure restraint and tax increases, while growth-oriented tax changes must be given priority; whereas this will create the foundations for long-term growth;

General considerations

Preventing double non-taxation, tax fraud and tax havens and increasing tax transparency

| 1. | Notes that the core functions of the tax systems are to finance public services, such as education, healthcare, public transport and infrastructure, protect public goods, by incentivising for example the production and consumption of environmentally-friendly products and reduce social inequalities by ensuring a more equal distribution of income and wealth; |
| --- | --- |

1.

Notes that the core functions of the tax systems are to finance public services, such as education, healthcare, public transport and infrastructure, protect public goods, by incentivising for example the production and consumption of environmentally-friendly products and reduce social inequalities by ensuring a more equal distribution of income and wealth;

| 2. | Notes that taxation is still a matter for national and in some cases local sovereignty and that the different structures of the Member States’ tax systems should therefore be respected; notes that Treaty changes would be necessary in order for decision-making on tax policies to be transferred from the national to the EU level; notes, therefore, that an increase in scrutiny of budgetary procedures by the Commission should be mirrored by greater democratic scrutiny by the European Parliament; |
| --- | --- |

2.

Notes that taxation is still a matter for national and in some cases local sovereignty and that the different structures of the Member States’ tax systems should therefore be respected; notes that Treaty changes would be necessary in order for decision-making on tax policies to be transferred from the national to the EU level; notes, therefore, that an increase in scrutiny of budgetary procedures by the Commission should be mirrored by greater democratic scrutiny by the European Parliament;

| 3. | Notes that improving the single market and possibly some tax harmonisation could be key factors for encouraging growth and job creation; notes that tax policies must aim to foster European competitiveness and lower costs for European business, particularly Small and Medium-sized Enterprises; |
| --- | --- |

3.

Notes that improving the single market and possibly some tax harmonisation could be key factors for encouraging growth and job creation; notes that tax policies must aim to foster European competitiveness and lower costs for European business, particularly Small and Medium-sized Enterprises;

| 4. | Notes a lack of coordination of tax policies in the EU that can lead to significant costs and administrative burdens for citizens and businesses operating cross-border within the EU; |
| --- | --- |

4.

Notes a lack of coordination of tax policies in the EU that can lead to significant costs and administrative burdens for citizens and businesses operating cross-border within the EU;

| 5. | Calls upon the Member States to make their tax systems more growth-friendly by improving tax design and implementing shifts towards less distortionary taxes while safeguarding the social market objective; |
| --- | --- |

5.

Calls upon the Member States to make their tax systems more growth-friendly by improving tax design and implementing shifts towards less distortionary taxes while safeguarding the social market objective;

| 6. | Stresses that fruitful lessons can be learnt for all from the examples of those Member States where taxation and the collection of tax have proven track-records; |
| --- | --- |

6.

Stresses that fruitful lessons can be learnt for all from the examples of those Member States where taxation and the collection of tax have proven track-records;

| 7. | Underlines the need for a simplification of VAT regimes in order to eliminate double taxation and bureaucracy for employers; |
| --- | --- |

7.

Underlines the need for a simplification of VAT regimes in order to eliminate double taxation and bureaucracy for employers;

| 8. | Underlines that a low tax level is essential not only for the social welfare of families and households but also for competitiveness and new jobs; stresses the need for controlled and efficient public spending and stable public finances; |
| --- | --- |

8.

Underlines that a low tax level is essential not only for the social welfare of families and households but also for competitiveness and new jobs; stresses the need for controlled and efficient public spending and stable public finances;

| 9. | Underlines that proposals from the Commission regarding taxation must contribute to European competitiveness by eliminating distortions of competition which arise from the various taxation systems in place; also underlines that Commission proposals must not contribute to increased tax burdens; |
| --- | --- |

9.

Underlines that proposals from the Commission regarding taxation must contribute to European competitiveness by eliminating distortions of competition which arise from the various taxation systems in place; also underlines that Commission proposals must not contribute to increased tax burdens;

| 10. | Notes that Member States with high deficits or which have suffered the worst decline in GDP growth will have to explore carefully the roots of their deficits and increase tax revenues through effective and fair taxes, pursue efficient expenditure reductions, fight tax fraud and increase public savings; stresses that tax reforms should prioritise closing loopholes and broadening the tax base, without affecting the capacity of Member States to collect revenue; |
| --- | --- |

10.

Notes that Member States with high deficits or which have suffered the worst decline in GDP growth will have to explore carefully the roots of their deficits and increase tax revenues through effective and fair taxes, pursue efficient expenditure reductions, fight tax fraud and increase public savings; stresses that tax reforms should prioritise closing loopholes and broadening the tax base, without affecting the capacity of Member States to collect revenue;

| 11. | Believes that fiscal federalism might be a useful tool in order to achieve self-responsibility in tax management at regional level and so entails greater economic efficiency; |
| --- | --- |

11.

Believes that fiscal federalism might be a useful tool in order to achieve self-responsibility in tax management at regional level and so entails greater economic efficiency;

| 12. | Takes note of the recent initiatives of the Commission in the field of taxation, such as on a Common Consolidated Corporate Tax Base, on a Financial Transaction Tax, on the future EU VAT system and on the field of energy; |
| --- | --- |

12.

Takes note of the recent initiatives of the Commission in the field of taxation, such as on a Common Consolidated Corporate Tax Base, on a Financial Transaction Tax, on the future EU VAT system and on the field of energy;

| 13. | Welcomes the introduction of the European Semester as a possible revenue generator for the Member States by means of the exchange of best practices for a more coordinated and sustainable fiscal path; |
| --- | --- |

13.

Welcomes the introduction of the European Semester as a possible revenue generator for the Member States by means of the exchange of best practices for a more coordinated and sustainable fiscal path;

| 14. | Asks the Commission and Member States to cooperate further on their respective tax policies against double taxation, tax fraud and tax evasion in order to increase transparency and reduce loopholes and uncertainties for businesses and citizens with regard to tax collection, especially when it comes to their respective administrative procedures for filing tax returns; is therefore of the opinion that the Commission, together with the Council, should adopt a strong common initiative on secrecy jurisdictions, which would be better than just bilateral agreements between individual Member States and secrecy jurisdictions; |
| --- | --- |

14.

Asks the Commission and Member States to cooperate further on their respective tax policies against double taxation, tax fraud and tax evasion in order to increase transparency and reduce loopholes and uncertainties for businesses and citizens with regard to tax collection, especially when it comes to their respective administrative procedures for filing tax returns; is therefore of the opinion that the Commission, together with the Council, should adopt a strong common initiative on secrecy jurisdictions, which would be better than just bilateral agreements between individual Member States and secrecy jurisdictions;

| 15. | Contends that Member States should look to reduce the tax compliance costs for SMEs, where possible, by streamlining procedures and reducing bureaucratic costs; notes that Member States have different corporate tax bases which may, in practice, function as cross-border trade barriers to growth and employment; supports the proposal from the Commission to introduce a common consolidated corporate tax base, CCCTB, in the EU; |
| --- | --- |

15.

Contends that Member States should look to reduce the tax compliance costs for SMEs, where possible, by streamlining procedures and reducing bureaucratic costs; notes that Member States have different corporate tax bases which may, in practice, function as cross-border trade barriers to growth and employment; supports the proposal from the Commission to introduce a common consolidated corporate tax base, CCCTB, in the EU;

| 16. | Stresses that the CCCTB would improve growth and lead to more jobs in Europe by reducing administrative costs and reducing red tape for companies, particularly for small businesses operating in several EU countries; |
| --- | --- |

16.

Stresses that the CCCTB would improve growth and lead to more jobs in Europe by reducing administrative costs and reducing red tape for companies, particularly for small businesses operating in several EU countries;

| 17. | Calls on the Member States to swiftly adopt the existing proposals and on the Commission to put forward proposals in line with the proposals made by the European Parliament on savings taxation, green and consumption taxation, avoidance of tax fraud, good governance and double taxation; |
| --- | --- |

17.

Calls on the Member States to swiftly adopt the existing proposals and on the Commission to put forward proposals in line with the proposals made by the European Parliament on savings taxation, green and consumption taxation, avoidance of tax fraud, good governance and double taxation;

| 18. | Notes that the current economic and financial crisis has led to a significant rise in public debt in Europe and that, in order to reduce this huge public debt, both expenditure restraint and tax increases are needed; |
| --- | --- |

18.

Notes that the current economic and financial crisis has led to a significant rise in public debt in Europe and that, in order to reduce this huge public debt, both expenditure restraint and tax increases are needed;

| 19. | Points out that the Member States which suffered the worst decline in GDP growth were those which had to increase their taxes the most, while in general, the Member States that were able to cut taxes were those which managed to limit the contraction in real GDP to less than 4 % (9); |
| --- | --- |

19.

Points out that the Member States which suffered the worst decline in GDP growth were those which had to increase their taxes the most, while in general, the Member States that were able to cut taxes were those which managed to limit the contraction in real GDP to less than 4 % (9);

| 20. | Calls upon the Member States to make their tax systems more growth-friendly by improving tax design and implementing shifts towards less distortionary taxes while safeguarding the social equity objective; |
| --- | --- |

20.

Calls upon the Member States to make their tax systems more growth-friendly by improving tax design and implementing shifts towards less distortionary taxes while safeguarding the social equity objective;

| 21. | Concludes that a coordination of tax policies could be an important component of a fiscal consolidation strategy at EU level and improve the effectiveness of the Member States’ new tax policies; |
| --- | --- |

21.

Concludes that a coordination of tax policies could be an important component of a fiscal consolidation strategy at EU level and improve the effectiveness of the Member States’ new tax policies;

Removing cross-border tax obstacles for EU citizens

| 22. | Notes that eliminating tax obstacles can play an important role in increasing citizens’ ability and confidence to work, retire, shop and – together with enterprises – invest in the EU; |
| --- | --- |

22.

Notes that eliminating tax obstacles can play an important role in increasing citizens’ ability and confidence to work, retire, shop and – together with enterprises – invest in the EU;

| 23. | Welcomes the fact that the Communication on removing cross-border tax obstacles for EU citizens identifies the most relevant complaints by EU citizens about cross-border tax obstacles, and looks forward to the Commission’s proposals in this area; |
| --- | --- |

23.

Welcomes the fact that the Communication on removing cross-border tax obstacles for EU citizens identifies the most relevant complaints by EU citizens about cross-border tax obstacles, and looks forward to the Commission’s proposals in this area;

| 24. | Welcomes the fact that the Commission wants to increase its efforts to ensure that all EU citizens have access to information and advice which they need on tax rules within the EU; |
| --- | --- |

24.

Welcomes the fact that the Commission wants to increase its efforts to ensure that all EU citizens have access to information and advice which they need on tax rules within the EU;

| 25. | Notes that Member States have agreed that citizens should have better access to tax information; |
| --- | --- |

25.

Notes that Member States have agreed that citizens should have better access to tax information;

| 26. | Underlines the importance of ensuring that citizens do not face tax obstacles to exercising the freedoms in the Internal Market; |
| --- | --- |

26.

Underlines the importance of ensuring that citizens do not face tax obstacles to exercising the freedoms in the Internal Market;

| 27. | Calls on the Commission to share information about best practices in the EU Member States and in other OECD countries concerning tax information to citizens and businesses, and asks the Commission to develop efficient tools to facilitate and encourage the exchange of this information and best practices on taxation, including the setting-up of pilot projects, in order to foster European competitiveness in the long term; underlines further that the Commission should ensure that Eurostat collects and verifies statistics on tax avoidance and evasion across the EU; |
| --- | --- |

27.

Calls on the Commission to share information about best practices in the EU Member States and in other OECD countries concerning tax information to citizens and businesses, and asks the Commission to develop efficient tools to facilitate and encourage the exchange of this information and best practices on taxation, including the setting-up of pilot projects, in order to foster European competitiveness in the long term; underlines further that the Commission should ensure that Eurostat collects and verifies statistics on tax avoidance and evasion across the EU;

| 28. | Recognises that certain Member States have established simplified procedures for claiming tax refunds under their double taxation agreements, and that some Member States have developed internet sites for non-residents or foreign taxpayers with information and forms in various languages; |
| --- | --- |

28.

Recognises that certain Member States have established simplified procedures for claiming tax refunds under their double taxation agreements, and that some Member States have developed internet sites for non-residents or foreign taxpayers with information and forms in various languages;

| 29. | Ask the Member States to support the Commission’s plans to improve the coordination and cooperation with and between Member States’ tax administrations on appropriate solutions to prevent double taxation and other cross-border tax obstacles; |
| --- | --- |

29.

Ask the Member States to support the Commission’s plans to improve the coordination and cooperation with and between Member States’ tax administrations on appropriate solutions to prevent double taxation and other cross-border tax obstacles;

| 30. | Notes that double taxation is a barrier to cross-border activities and investments and that there is a need for coordinated solutions to overcome this problem; |
| --- | --- |

30.

Notes that double taxation is a barrier to cross-border activities and investments and that there is a need for coordinated solutions to overcome this problem;

| 31. | Calls on the Commission to propose ways of simplifying tax compliance in cross-border situations; |
| --- | --- |

31.

Calls on the Commission to propose ways of simplifying tax compliance in cross-border situations;

| 32. | Welcomes the Commission’s public consultation on taxes on cross-border payments of dividends to portfolio and individual investors in the EU, tackling cross-border inheritance tax obstacles within the EU, and looks forward to the Commission’s future proposals in this area; |
| --- | --- |

32.

Welcomes the Commission’s public consultation on taxes on cross-border payments of dividends to portfolio and individual investors in the EU, tackling cross-border inheritance tax obstacles within the EU, and looks forward to the Commission’s future proposals in this area;

| 33. | Calls on the Commission and Member States to find ways of removing tax obstacles to cross-border work and transnational mobility as soon as possible so that the objectives of the EU 2020 strategy – namely increased economic growth and employment – can be attained as soon as possible; |
| --- | --- |

33.

Calls on the Commission and Member States to find ways of removing tax obstacles to cross-border work and transnational mobility as soon as possible so that the objectives of the EU 2020 strategy – namely increased economic growth and employment – can be attained as soon as possible;

| 34. | Calls on the Commission to more actively pursue complaints and ensure greater transparency and information for citizens on the results of complaints about Member States’ tax laws and infringement cases in the tax field, as well as on their follow-up; |
| --- | --- |

34.

Calls on the Commission to more actively pursue complaints and ensure greater transparency and information for citizens on the results of complaints about Member States’ tax laws and infringement cases in the tax field, as well as on their follow-up;

| 35. | Calls on the Commission to continue its work in the Europe Direct and Your Europe citizens’ advice services and to further develop the Europe Direct web portal so that EU citizens can find information from EU 27 tax authorities; stresses the need for that information to be provided in a user-friendly format; |
| --- | --- |

35.

Calls on the Commission to continue its work in the Europe Direct and Your Europe citizens’ advice services and to further develop the Europe Direct web portal so that EU citizens can find information from EU 27 tax authorities; stresses the need for that information to be provided in a user-friendly format;

| 36. | Calls on the Commission to reinforce the administrative cooperation among Member States in the field of double taxation, including by concentrating more projects and resources of the Fiscalis programme on solutions to taxpayers’ concrete problems; |
| --- | --- |

36.

Calls on the Commission to reinforce the administrative cooperation among Member States in the field of double taxation, including by concentrating more projects and resources of the Fiscalis programme on solutions to taxpayers’ concrete problems;

Removing discrimination and double taxation for EU citizens and businesses

| 37. | Stresses the importance of resolving problems such as double taxation of businesses and individuals, incompatibilities between different tax systems and lack of access to information on national tax rules; |
| --- | --- |

37.

Stresses the importance of resolving problems such as double taxation of businesses and individuals, incompatibilities between different tax systems and lack of access to information on national tax rules;

| 38. | Emphasises that it is in the interest of business and citizens to establish a clear, transparent and stable tax environment within the single market since lack of transparency on tax rules is an obstacle to cross-border activities and investments in the EU; |
| --- | --- |

38.

Emphasises that it is in the interest of business and citizens to establish a clear, transparent and stable tax environment within the single market since lack of transparency on tax rules is an obstacle to cross-border activities and investments in the EU;

| 39. | Emphasises that double taxation reduces the competitiveness of the businesses affected as well as hindering the single market as a whole; |
| --- | --- |

39.

Emphasises that double taxation reduces the competitiveness of the businesses affected as well as hindering the single market as a whole;

| 40. | Welcomes the Communication from the Commission on ‘Double taxation in the single market’ for an EU strategy and solutions to problems with cross-border double taxation; |
| --- | --- |

40.

Welcomes the Communication from the Commission on ‘Double taxation in the single market’ for an EU strategy and solutions to problems with cross-border double taxation;

| 41. | Believes that the Treaty on European Union obliges Member States to resolve the issue of double taxation, which they should do in accordance with Articles 4(3) and 26 of the TFEU regarding the Internal Market; |
| --- | --- |

41.

Believes that the Treaty on European Union obliges Member States to resolve the issue of double taxation, which they should do in accordance with Articles 4(3) and 26 of the TFEU regarding the Internal Market;

| 42. | Concludes that bilateral tax treaties between Member States do not solve all the problems of discrimination and double taxation for citizens and businesses; |
| --- | --- |

42.

Concludes that bilateral tax treaties between Member States do not solve all the problems of discrimination and double taxation for citizens and businesses;

| 43. | Welcomes the Commission’s idea of setting up a working group on double taxation problems, involving tax authorities of Member States and, where appropriate, consumer associations; calls on the Commission to strengthen the EU working group on business taxation, the Joint Transfer Pricing Forum (JTPF), and to engage with the business community and advocates of consumers’ rights; |
| --- | --- |

43.

Welcomes the Commission’s idea of setting up a working group on double taxation problems, involving tax authorities of Member States and, where appropriate, consumer associations; calls on the Commission to strengthen the EU working group on business taxation, the Joint Transfer Pricing Forum (JTPF), and to engage with the business community and advocates of consumers’ rights;

| 44. | Asks the Commission to initiate a new VAT forum, similar to the Joint Transfer Pricing Forum (JTPF), with which companies can raise corporate VAT issues and disputes between Member States; |
| --- | --- |

44.

Asks the Commission to initiate a new VAT forum, similar to the Joint Transfer Pricing Forum (JTPF), with which companies can raise corporate VAT issues and disputes between Member States;

| 45. | Calls on the Member States to improve the procedures which allow Small and Medium-sized Enterprises to claim back more quickly VAT which they have paid, thus shortening the reimbursement period; |
| --- | --- |

45.

Calls on the Member States to improve the procedures which allow Small and Medium-sized Enterprises to claim back more quickly VAT which they have paid, thus shortening the reimbursement period;

| 46. | Calls on the Commission to propose a binding dispute settlement mechanism, as suggested by the Monti report, covering double taxation suffered by individuals and businesses; |
| --- | --- |

46.

Calls on the Commission to propose a binding dispute settlement mechanism, as suggested by the Monti report, covering double taxation suffered by individuals and businesses;

| 47. | Notes that administrative obstacles and legal uncertainty make it difficult for EU citizens to move freely with their cars within the single market; calls therefore on Member States to abolish double taxation of registration of cars; |
| --- | --- |

47.

Notes that administrative obstacles and legal uncertainty make it difficult for EU citizens to move freely with their cars within the single market; calls therefore on Member States to abolish double taxation of registration of cars;

| 48. | Calls on the Member States to modernise and update the rules on cross-border relief for companies and to simplify and modernise electronic invoicing rules with a view to ultimately creating a single ‘European e-invoice template’; |
| --- | --- |

48.

Calls on the Member States to modernise and update the rules on cross-border relief for companies and to simplify and modernise electronic invoicing rules with a view to ultimately creating a single ‘European e-invoice template’;

Preventing double non-taxation and tax fraud and increasing tax transparency

| 49. | Notes that tax evasion and the lack of tax transparency threaten government revenues and cost billions of euros; |
| --- | --- |

49.

Notes that tax evasion and the lack of tax transparency threaten government revenues and cost billions of euros;

| 50. | Notes that there is a need to strike a proper balance between the public interest in combating abuse, avoiding disproportionate restrictions on cross-border activity within the EU, and better coordinating the application of anti-abuse measures in relation to third countries; regrets that some Member States have concluded agreements with third countries which permit the continuance of tax avoidance and tax secrecy; |
| --- | --- |

50.

Notes that there is a need to strike a proper balance between the public interest in combating abuse, avoiding disproportionate restrictions on cross-border activity within the EU, and better coordinating the application of anti-abuse measures in relation to third countries; regrets that some Member States have concluded agreements with third countries which permit the continuance of tax avoidance and tax secrecy;

| 51. | Calls on the Member States to






  — | set up and implement effective tax systems that prevent their tax bases from being unduly eroded because of inadvertent non-taxation and abuse; |
| --- | --- | --- |

51.

Calls on the Member States to

—

set up and implement effective tax systems that prevent their tax bases from being unduly eroded because of inadvertent non-taxation and abuse;

| — | apply anti-abuse measures to target artificial arrangements designed to circumvent national legislation or Community rules as transposed into national legislation; |
| --- | --- |

—

apply anti-abuse measures to target artificial arrangements designed to circumvent national legislation or Community rules as transposed into national legislation;

| — | continue to share information about aggressive tax planning schemes on corporate losses and their detection and response strategies, and to measure and then publish information on the effectiveness of the strategies used; |
| --- | --- |

—

continue to share information about aggressive tax planning schemes on corporate losses and their detection and response strategies, and to measure and then publish information on the effectiveness of the strategies used;

| — | consider the introduction of cooperative compliance programmes and the introduction or revision of disclosure initiatives targeted at aggressive tax planning schemes; |
| --- | --- |

—

consider the introduction of cooperative compliance programmes and the introduction or revision of disclosure initiatives targeted at aggressive tax planning schemes;

| — | finally conclude the reform of the Savings Tax Directive to enforce automatic information exchange, which has been blocked for some time in the Council, in order to ensure fair and appropriate taxation of savings in the EU; stresses that all affected jurisdictions should implement administrative cooperation that does not violate the taxpayer’s procedural rights and right to privacy, by offering automatic information exchange extended to companies and trusts and not just to individuals; |
| --- | --- |

—

finally conclude the reform of the Savings Tax Directive to enforce automatic information exchange, which has been blocked for some time in the Council, in order to ensure fair and appropriate taxation of savings in the EU; stresses that all affected jurisdictions should implement administrative cooperation that does not violate the taxpayer’s procedural rights and right to privacy, by offering automatic information exchange extended to companies and trusts and not just to individuals;

| — | notify and make public tax rulings by national authorities for companies operating cross-border; |
| --- | --- |

—

notify and make public tax rulings by national authorities for companies operating cross-border;

| — | provide tax incentives for SMEs, such as tax exemptions and cuts, to encourage entrepreneurship, innovation and job creation; |
| --- | --- |

—

provide tax incentives for SMEs, such as tax exemptions and cuts, to encourage entrepreneurship, innovation and job creation;

| — | promote reforms to limit the room for tax evasion by establishing efficient revenue-collecting mechanisms that minimise the relation between the taxpayer and the tax authorities and maximise the use of modern technology and focus on e-governance in recording and monitoring economic activity; |
| --- | --- |

—

promote reforms to limit the room for tax evasion by establishing efficient revenue-collecting mechanisms that minimise the relation between the taxpayer and the tax authorities and maximise the use of modern technology and focus on e-governance in recording and monitoring economic activity;

| 52. | Calls on the Commission to






  — | identify the areas in which improvements to both EU legislation and administrative cooperation between Member States can be made to reduce tax fraud; |
| --- | --- | --- |

52.

Calls on the Commission to

—

identify the areas in which improvements to both EU legislation and administrative cooperation between Member States can be made to reduce tax fraud;

| — | provide more budgetary resources and staff to DG TAXUD to develop EU policies and proposals concerning double non-taxation, tax evasion and fraud; |
| --- | --- |

—

provide more budgetary resources and staff to DG TAXUD to develop EU policies and proposals concerning double non-taxation, tax evasion and fraud;

| — | tackle harmful tax competition and double non-taxation of large companies that artificially shift profits to minimise the effective tax rate; notify and make public tax rulings by national authorities for companies operating cross-border; |
| --- | --- |

—

tackle harmful tax competition and double non-taxation of large companies that artificially shift profits to minimise the effective tax rate; notify and make public tax rulings by national authorities for companies operating cross-border;

| — | tackle tax fraud more strictly by means of prosecutions under the criminal law; |
| --- | --- |

—

tackle tax fraud more strictly by means of prosecutions under the criminal law;

| 53. | Calls on the Member States to give top priority to combating the use of tax havens for illicit purposes and calls on the Commission in cooperation with the European Parliament – taking into account, as a first step, the OECD definition and list of tax havens or secrecy jurisdictions – to establish an EU definition and list; calls for a single European agreed definition, pending agreement on a definition at global level; |
| --- | --- |

53.

Calls on the Member States to give top priority to combating the use of tax havens for illicit purposes and calls on the Commission in cooperation with the European Parliament – taking into account, as a first step, the OECD definition and list of tax havens or secrecy jurisdictions – to establish an EU definition and list; calls for a single European agreed definition, pending agreement on a definition at global level;

| 54. | Acknowledges that the OECD’s Global Forum on transparency and exchange of information for tax purposes is the leading international forum for combating tax evasion and, therefore, strongly supports its work; notes its shortcomings as a forum of low common denominators; also acknowledges sensible initiatives at the national, EU and global level aiming at a practicable solution to this persistent issue; |
| --- | --- |

54.

Acknowledges that the OECD’s Global Forum on transparency and exchange of information for tax purposes is the leading international forum for combating tax evasion and, therefore, strongly supports its work; notes its shortcomings as a forum of low common denominators; also acknowledges sensible initiatives at the national, EU and global level aiming at a practicable solution to this persistent issue;

| 55. | Asks the Commission for more swift action on tax evasion and fraud; |
| --- | --- |

55.

Asks the Commission for more swift action on tax evasion and fraud;

| 56. | Calls on the Member States to conclude anti-fraud and tax information exchange agreements with Andorra, Monaco and San Marino and a new agreement with Switzerland, and to update them regularly afterwards; |
| --- | --- |

56.

Calls on the Member States to conclude anti-fraud and tax information exchange agreements with Andorra, Monaco and San Marino and a new agreement with Switzerland, and to update them regularly afterwards;

| 57. | Concludes that a lack of cooperation and coordination between Member States’ tax systems may result in unintended non-taxation and lead to tax avoidance, abuse and fraud; |
| --- | --- |

57.

Concludes that a lack of cooperation and coordination between Member States’ tax systems may result in unintended non-taxation and lead to tax avoidance, abuse and fraud;

| 58. | Calls on the Commission to analyse the fiscal implications of the implementation of the European Semester and publish a report during 2012; |
| --- | --- |

58.

Calls on the Commission to analyse the fiscal implications of the implementation of the European Semester and publish a report during 2012;

| 59. | Calls for adequate budgetary resources and staffing to be provided to the European Court of Auditors and OLAF to develop efficient control mechanisms and oversight of budgetary procedures at EU level; |
| --- | --- |

59.

Calls for adequate budgetary resources and staffing to be provided to the European Court of Auditors and OLAF to develop efficient control mechanisms and oversight of budgetary procedures at EU level;

| 60. | Calls on the Commission to identify and give priority to policy measures that have fiscal implications in the Member States’ Stability and Convergence Programmes and National Reform Programmes; |
| --- | --- |

60.

Calls on the Commission to identify and give priority to policy measures that have fiscal implications in the Member States’ Stability and Convergence Programmes and National Reform Programmes;

*

* *

| 61. | Instructs its President to forward this resolution to the Council, the Commission and the national parliaments. |
| --- | --- |

61.

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

---

(1)  http://ec.europa.eu/taxation_customs/resources/documents/common/consultations/tax/summary_report_consultation_double_tax_conventions_en.pdf

(2)  http://www.oecd.org/document/61/0,3746,en_2649_33767_48570813_1_1_1_1,00.html

(3)  http://www.bruegel.org/publications/publication-detail/publication/599-how-effective-and-legitimate-is-the-european-semester-increasing-the-role-of-the-european-parliament/

(4)  http://ec.europa.eu/taxation_customs/taxation/gen_info/economic_analysis/tax_structures/index_en.htm

(5)  http://www.oecd-ilibrary.org/taxation/consumption-tax-trends-2010_ctt-2010-en

(6)  http://www.alainlamassoure.eu/liens/817.pdf

(7)  OJ C 295 E, 4.12.2009, p. 13.

(8)  http://www.eureschannel.org/en/dossiers/WEBrapport_obst_E.pdf

(9)  Commission publication ‘Taxation Trends in the EU’ (2011 Edition).

---

| 20.8.2013 | EN | Official Journal of the European Union | CE 239/97 |
| --- | --- | --- | --- |

20.8.2013

EN

Official Journal of the European Union

CE 239/97

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Thursday 2 February 2012EU competition policy

P7_TA(2012)0031

European Parliament resolution of 2 February 2012 on the Annual Report on EU Competition Policy (2011/2094(INI))

2013/C 239 E/15

The European Parliament,

| — | having regard to the Commission Report on Competition Policy 2010 (COM(2011)0328) and the accompanying Commission staff working paper (SEC(2011)0690), |
| --- | --- |

—

having regard to the Commission Report on Competition Policy 2010 (COM(2011)0328) and the accompanying Commission staff working paper (SEC(2011)0690),

| — | having regard to Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1), |
| --- | --- |

—

having regard to Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1),

| — | having regard to Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (2), |
| --- | --- |

—

having regard to Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (2),

| — | having regard to the Commission Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003 (3) (the Fining Guidelines), |
| --- | --- |

—

having regard to the Commission Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003 (3) (the Fining Guidelines),

| — | having regard to the Commission communication of 13 October 2008 entitled ‘The application of State aid rules to measures taken in relation to financial institutions in the context of the current global financial crisis’ (4) (the Banking Communication), |
| --- | --- |

—

having regard to the Commission communication of 13 October 2008 entitled ‘The application of State aid rules to measures taken in relation to financial institutions in the context of the current global financial crisis’ (4) (the Banking Communication),

| — | having regard to the Commission communication of 5 December 2008 entitled ‘The recapitalisation of financial institutions in the current financial crisis: limitation of aid to the minimum necessary and safeguards against undue distortions of competition’ (5) (the Recapitalisation Communication), |
| --- | --- |

—

having regard to the Commission communication of 5 December 2008 entitled ‘The recapitalisation of financial institutions in the current financial crisis: limitation of aid to the minimum necessary and safeguards against undue distortions of competition’ (5) (the Recapitalisation Communication),

| — | having regard to the Commission communication of 25 February 2009 entitled ‘The treatment of impaired assets in the Community banking sector’ (6) (the Impaired Assets Communication), |
| --- | --- |

—

having regard to the Commission communication of 25 February 2009 entitled ‘The treatment of impaired assets in the Community banking sector’ (6) (the Impaired Assets Communication),

| — | having regard to the Commission communication of 23 July 2009 entitled ‘The return to viability and the assessment of restructuring measures in the financial sector in the current crisis under the State aid rules’ (7) (the Restructuring Communication), |
| --- | --- |

—

having regard to the Commission communication of 23 July 2009 entitled ‘The return to viability and the assessment of restructuring measures in the financial sector in the current crisis under the State aid rules’ (7) (the Restructuring Communication),

| — | having regard to the Commission communication of 17 December 2008 entitled ‘Temporary Community framework for State aid measures to support access to finance in the current financial and economic crisis’ (8) (the original Temporary Framework), |
| --- | --- |

—

having regard to the Commission communication of 17 December 2008 entitled ‘Temporary Community framework for State aid measures to support access to finance in the current financial and economic crisis’ (8) (the original Temporary Framework),

| — | having regard to the Commission communication of 1 December 2010 entitled ‘Temporary Union framework for State aid measures to support access to finance in the current financial and economic crisis’ (9) (the new Temporary Framework, replacing the one which ended on 31 December 2010), |
| --- | --- |

—

having regard to the Commission communication of 1 December 2010 entitled ‘Temporary Union framework for State aid measures to support access to finance in the current financial and economic crisis’ (9) (the new Temporary Framework, replacing the one which ended on 31 December 2010),

| — | having regard to the study, commissioned by Parliament, of June 2011 entitled ‘State aid – Crisis rules for the financial sector and the real economy’ (10), |
| --- | --- |

—

having regard to the study, commissioned by Parliament, of June 2011 entitled ‘State aid – Crisis rules for the financial sector and the real economy’ (10),

| — | having regard to the Commission Staff working paper of 5 October 2011 entitled ‘The effects of temporary State aid rules adopted in the context of the financial and economic crisis’ (SEC(2011)1126), |
| --- | --- |

—

having regard to the Commission Staff working paper of 5 October 2011 entitled ‘The effects of temporary State aid rules adopted in the context of the financial and economic crisis’ (SEC(2011)1126),

| — | having regard to the draft Commission regulation amending Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty as regards the simplification of Member States’ reporting obligations, |
| --- | --- |

—

having regard to the draft Commission regulation amending Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty as regards the simplification of Member States’ reporting obligations,

| — | having regard to the Commission staff working document entitled ‘Public Consultation: Towards a Coherent European Approach to Collective Redress’ (SEC(2011)0173), |
| --- | --- |

—

having regard to the Commission staff working document entitled ‘Public Consultation: Towards a Coherent European Approach to Collective Redress’ (SEC(2011)0173),

| — | having regard to the DG Competition document entitled ‘Best Practices on the conduct of proceedings concerning Articles 101 and 102 TFEU’ (11), |
| --- | --- |

—

having regard to the DG Competition document entitled ‘Best Practices on the conduct of proceedings concerning Articles 101 and 102 TFEU’ (11),

| — | having regard to the DG Competition document entitled ‘Guidance on procedures of the Hearing Officers in proceedings relating to Articles 101 and 102 TFEU’ (12), |
| --- | --- |

—

having regard to the DG Competition document entitled ‘Guidance on procedures of the Hearing Officers in proceedings relating to Articles 101 and 102 TFEU’ (12),

| — | having regard to the DG Competition document entitled ‘Best practices for the submission of economic evidence and data collection in cases concerning the application of Articles 101 and 102 TFEU and in merger cases’ (13), |
| --- | --- |

—

having regard to the DG Competition document entitled ‘Best practices for the submission of economic evidence and data collection in cases concerning the application of Articles 101 and 102 TFEU and in merger cases’ (13),

| — | having regard to the Framework Agreement of 20 October 2010 on relations between the European Parliament and the European Commission (14) (referred to hereinafter as ‘the Framework Agreement’), in particular paragraphs 12 (15) and 16 (16) thereof, |
| --- | --- |

—

having regard to the Framework Agreement of 20 October 2010 on relations between the European Parliament and the European Commission (14) (referred to hereinafter as ‘the Framework Agreement’), in particular paragraphs 12 (15) and 16 (16) thereof,

| — | having regard to its resolutions of 25 April 2007 on the Green Paper on Damages actions for breach of the EC antitrust rules (17) and of 26 March 2009 on the White Paper on damages actions for breach of the EC antitrust rules (18) and to the opinion of the Committee on Economic and Monetary Affairs of 20 October 2011 on ‘Towards a Coherent Approach on Collective Redress’, |
| --- | --- |

—

having regard to its resolutions of 25 April 2007 on the Green Paper on Damages actions for breach of the EC antitrust rules (17) and of 26 March 2009 on the White Paper on damages actions for breach of the EC antitrust rules (18) and to the opinion of the Committee on Economic and Monetary Affairs of 20 October 2011 on ‘Towards a Coherent Approach on Collective Redress’,

| — | having regard to its resolution of 15 November 2011 on reform of the EU state aid rules on Services of General Economic Interest (19), |
| --- | --- |

—

having regard to its resolution of 15 November 2011 on reform of the EU state aid rules on Services of General Economic Interest (19),

| — | having regard to its resolutions of 22 February 2005 on the Commission’s XXXIIIrd Report on Competition Policy 2003 (20), of 4 April 2006 on the Commission Report on Competition Policy 2004 (21), of 19 June 2007 on the Report on Competition Policy 2005 (22), of 10 March 2009 on the Reports on Competition Policy 2006 and 2007 (23), of 9 March 2010 on the Report on Competition Policy 2008 (24) and of 20 January 2011 on the Report on Competition Policy 2009 (25), |
| --- | --- |

—

having regard to its resolutions of 22 February 2005 on the Commission’s XXXIIIrd Report on Competition Policy 2003 (20), of 4 April 2006 on the Commission Report on Competition Policy 2004 (21), of 19 June 2007 on the Report on Competition Policy 2005 (22), of 10 March 2009 on the Reports on Competition Policy 2006 and 2007 (23), of 9 March 2010 on the Report on Competition Policy 2008 (24) and of 20 January 2011 on the Report on Competition Policy 2009 (25),

| — | having regard to the opinion of the European Economic and Social Committee on the Commission Report on Competition Policy 2010 (INT/594 - CESE 1461/2011), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee on the Commission Report on Competition Policy 2010 (INT/594 - CESE 1461/2011),

| — | 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 Economic and Monetary Affairs and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Transport and Tourism (A7-0424/2011), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Transport and Tourism (A7-0424/2011),

| A. | whereas the financial and economic crisis which broke out in autumn 2008 has not yet been overcome; whereas financial turmoil and recessionary fears have become once again acute over the last months; |
| --- | --- |

A.

whereas the financial and economic crisis which broke out in autumn 2008 has not yet been overcome; whereas financial turmoil and recessionary fears have become once again acute over the last months;

| B. | whereas the Commission responded to the eruption of the crisis in a prompt and reasonable manner by adopting special State aid rules and using competition policy as a crisis management tool; whereas this was, and still is, meant to be a temporary regime although its timeframe has exceeded what was originally expected; |
| --- | --- |

B.

whereas the Commission responded to the eruption of the crisis in a prompt and reasonable manner by adopting special State aid rules and using competition policy as a crisis management tool; whereas this was, and still is, meant to be a temporary regime although its timeframe has exceeded what was originally expected;

| C. | whereas between 1 October 2008 and 1 October 2010 the Commission took more than 200 decisions on State aid for the financial sector; whereas in 2009 the nominal amount of aid to the financial sector used by Member States constituted EUR 1 107 billion (9.3% of EU GDP); whereas the maximum volume of Commission-approved measures since the beginning of the crisis until 1 October 2010 (including both schemes and ad hoc interventions) amounts to EUR 4 588,90 billion; |
| --- | --- |

C.

whereas between 1 October 2008 and 1 October 2010 the Commission took more than 200 decisions on State aid for the financial sector; whereas in 2009 the nominal amount of aid to the financial sector used by Member States constituted EUR 1 107 billion (9.3% of EU GDP); whereas the maximum volume of Commission-approved measures since the beginning of the crisis until 1 October 2010 (including both schemes and ad hoc interventions) amounts to EUR 4 588,90 billion;

| D. | whereas the Commission introduced a requirement applicable from 1 January 2011 onwards to submit a restructuring plan for every beneficiary of a recapitalisation or an impaired assets measure, irrespective of whether the bank is considered to be fundamentally sound or distressed; |
| --- | --- |

D.

whereas the Commission introduced a requirement applicable from 1 January 2011 onwards to submit a restructuring plan for every beneficiary of a recapitalisation or an impaired assets measure, irrespective of whether the bank is considered to be fundamentally sound or distressed;

| E. | whereas sizable amounts of State aid given during the crisis in the form of, for example, guarantee schemes, recapitalisation schemes and complementary forms of liquidity support on bank funding have contributed to severe imbalances in public finances; whereas it is still unknown how far-reaching the impact this State aid, in particular of the guarantees provided to banks, may be in the future if some of those guarantees are actually called in; |
| --- | --- |

E.

whereas sizable amounts of State aid given during the crisis in the form of, for example, guarantee schemes, recapitalisation schemes and complementary forms of liquidity support on bank funding have contributed to severe imbalances in public finances; whereas it is still unknown how far-reaching the impact this State aid, in particular of the guarantees provided to banks, may be in the future if some of those guarantees are actually called in;

| F. | whereas protectionism and non-enforcement of competition rules would only deepen and prolong the crisis; whereas competition policy is an essential tool to enable the EU to have a dynamic, efficient and innovative internal market and to be competitive on the global stage; |
| --- | --- |

F.

whereas protectionism and non-enforcement of competition rules would only deepen and prolong the crisis; whereas competition policy is an essential tool to enable the EU to have a dynamic, efficient and innovative internal market and to be competitive on the global stage;

| G. | whereas, notwithstanding all the efforts to cope with the economic crisis, cartels remain the most serious threat to competition, consumer welfare and the proper functioning of markets, and consequently cannot be accepted even during an economic crisis; |
| --- | --- |

G.

whereas, notwithstanding all the efforts to cope with the economic crisis, cartels remain the most serious threat to competition, consumer welfare and the proper functioning of markets, and consequently cannot be accepted even during an economic crisis;

Commission Report on Competition Policy 2010

| 1. | Welcomes the Commission Report on Competition Policy 2010; highlights, on the occasion of the 40th anniversary of this report, that EU competition policy has brought numerous benefits in terms of consumer welfare and has been an essential tool to eliminate obstacles to the free movement of goods, services, persons and capital; points out that competition policy continues to be an essential tool for preserving the single market and protecting the consumer interest; stresses that some rules need to be updated to deal with new challenges; |
| --- | --- |

1.

Welcomes the Commission Report on Competition Policy 2010; highlights, on the occasion of the 40th anniversary of this report, that EU competition policy has brought numerous benefits in terms of consumer welfare and has been an essential tool to eliminate obstacles to the free movement of goods, services, persons and capital; points out that competition policy continues to be an essential tool for preserving the single market and protecting the consumer interest; stresses that some rules need to be updated to deal with new challenges;

| 2. | Notes that the combined effect of robust principles and flexible procedures has enabled competition policy to be a constructive and stabilising factor in the EU’s financial system and in the real economy in general; |
| --- | --- |

2.

Notes that the combined effect of robust principles and flexible procedures has enabled competition policy to be a constructive and stabilising factor in the EU’s financial system and in the real economy in general;

Competition policy recommendations

| 3. | Believes that improved price transparency is essential in stimulating competition in the single market and offering real choice to consumers; |
| --- | --- |

3.

Believes that improved price transparency is essential in stimulating competition in the single market and offering real choice to consumers;

| 4. | Welcomes the existing exchange between the Commission and consumer associations in the field of European competition law and encourages the Commission to further promote these exchanges, including other stakeholders if appropriate; |
| --- | --- |

4.

Welcomes the existing exchange between the Commission and consumer associations in the field of European competition law and encourages the Commission to further promote these exchanges, including other stakeholders if appropriate;

Control of State aid

| 5. | Welcomes the Commission Staff Working Paper drafted to evaluate the effects of temporary State aid rules adopted in the context of the financial and economic crisis; takes note of the Commission’s assessment that globally State aid ‘has been effective in reducing financial instability, improving the functioning of financial markets and cushioning the effects of the crisis on the real economy’; wonders, however, whether such an optimistic analysis can be sustained; |
| --- | --- |

5.

Welcomes the Commission Staff Working Paper drafted to evaluate the effects of temporary State aid rules adopted in the context of the financial and economic crisis; takes note of the Commission’s assessment that globally State aid ‘has been effective in reducing financial instability, improving the functioning of financial markets and cushioning the effects of the crisis on the real economy’; wonders, however, whether such an optimistic analysis can be sustained;

| 6. | Stresses that the temporary regime applicable to State aid has been positive as an initial reaction to the crisis, but that it cannot be prolonged unduly; emphasises the need to discontinue temporary measures and exemptions as soon as possible and as soon as the economic situation allows it; |
| --- | --- |

6.

Stresses that the temporary regime applicable to State aid has been positive as an initial reaction to the crisis, but that it cannot be prolonged unduly; emphasises the need to discontinue temporary measures and exemptions as soon as possible and as soon as the economic situation allows it;

| 7. | Notes that a new permanent regulatory system for the application of State aid rules is necessary in order to tackle the flaws found in the pre-crisis legal system, in particular as regards the financial sector, as well as to remedy distortions created during the financial and economic crisis; |
| --- | --- |

7.

Notes that a new permanent regulatory system for the application of State aid rules is necessary in order to tackle the flaws found in the pre-crisis legal system, in particular as regards the financial sector, as well as to remedy distortions created during the financial and economic crisis;

| 8. | Notes the announcement of specific rescue and restructuring guidelines for the banking sector; suggests to the Commission that it takes into account the impact, in terms of distortion of competition, of the liquidity support provided by central banks during the rescue stage, and provides for the orderly restructuring of banks, with shareholder and bondholder involvement, prior to the injection of public capital; |
| --- | --- |

8.

Notes the announcement of specific rescue and restructuring guidelines for the banking sector; suggests to the Commission that it takes into account the impact, in terms of distortion of competition, of the liquidity support provided by central banks during the rescue stage, and provides for the orderly restructuring of banks, with shareholder and bondholder involvement, prior to the injection of public capital;

| 9. | Urges the Commission to link the extension of the temporary State aid to the banking sector beyond 2011 with enhanced and more stringent conditions related to the reduction of the balance sheet composition and size, including a proper focus on retail lending as well as stronger restrictions on bonuses, distribution of dividends and other crucial factors; deems that these conditions should be explicit and should be assessed and summarised on an ex post basis by the Commission; |
| --- | --- |

9.

Urges the Commission to link the extension of the temporary State aid to the banking sector beyond 2011 with enhanced and more stringent conditions related to the reduction of the balance sheet composition and size, including a proper focus on retail lending as well as stronger restrictions on bonuses, distribution of dividends and other crucial factors; deems that these conditions should be explicit and should be assessed and summarised on an ex post basis by the Commission;

| 10. | Takes note of the measures adopted so far by the Commission in order to reduce the balance sheet size of certain ‘too big or interconnected to fail’ institutions which have received State aid over the crisis; deems that more measures are required with that purpose; |
| --- | --- |

10.

Takes note of the measures adopted so far by the Commission in order to reduce the balance sheet size of certain ‘too big or interconnected to fail’ institutions which have received State aid over the crisis; deems that more measures are required with that purpose;

| 11. | Stresses however that the ongoing consolidation in the banking sector has actually increased the market share of several major financial institutions and, therefore, urges the Commission to maintain a close watch on the sector in order to enhance competition in European banking markets, including by imposing restructuring plans that imply the separation of banking activities where retail deposits allow these institutions to fund riskier investment banking activities; |
| --- | --- |

11.

Stresses however that the ongoing consolidation in the banking sector has actually increased the market share of several major financial institutions and, therefore, urges the Commission to maintain a close watch on the sector in order to enhance competition in European banking markets, including by imposing restructuring plans that imply the separation of banking activities where retail deposits allow these institutions to fund riskier investment banking activities;

| 12. | Notes that the ECB performed several non standard liquidity injections over the crisis; takes note of the Commission’s assessment that this type of measure does not constitute State aid strictly speaking, as the Commission mentions in its study; stresses, however, that policy action at EU level must be coordinated and that the Commission should take the effects of support from the ECB or other central banks and of other public interventions into account when evaluating State aid given to banks which are also the beneficiaries of support from the ECB or other central banks; |
| --- | --- |

12.

Notes that the ECB performed several non standard liquidity injections over the crisis; takes note of the Commission’s assessment that this type of measure does not constitute State aid strictly speaking, as the Commission mentions in its study; stresses, however, that policy action at EU level must be coordinated and that the Commission should take the effects of support from the ECB or other central banks and of other public interventions into account when evaluating State aid given to banks which are also the beneficiaries of support from the ECB or other central banks;

| 13. | Notices that the effects of ECB support and other public interventions received by banks during the crisis have not been included in the Commission’s compatibility assessment; asks the Commission to assess such operations on an ex post basis; |
| --- | --- |

13.

Notices that the effects of ECB support and other public interventions received by banks during the crisis have not been included in the Commission’s compatibility assessment; asks the Commission to assess such operations on an ex post basis;

| 14. | Calls on the Commission to quickly come forward with the foreseen legislative proposal to address in a true European framework the resolution of failing banks, guaranteeing a common rulebook as well as a common set of intervention tools and triggers, and limiting taxpayers’ involvement to a minimum, namely through the creation of harmonised self-financed (on a risk based approach) industry resolution funds; |
| --- | --- |

14.

Calls on the Commission to quickly come forward with the foreseen legislative proposal to address in a true European framework the resolution of failing banks, guaranteeing a common rulebook as well as a common set of intervention tools and triggers, and limiting taxpayers’ involvement to a minimum, namely through the creation of harmonised self-financed (on a risk based approach) industry resolution funds;

| 15. | Stresses that State aid must be allocated in a way that does not distort competition or favour established companies at the expense of emerging ones; |
| --- | --- |

15.

Stresses that State aid must be allocated in a way that does not distort competition or favour established companies at the expense of emerging ones;

| 16. | Is of the opinion that State aid should support innovation and research clusters and thereby support entrepreneurship; |
| --- | --- |

16.

Is of the opinion that State aid should support innovation and research clusters and thereby support entrepreneurship;

| 17. | Calls on the Commission to ensure that the intended simplification of State aid rules for SGEI will not lead to a deterioration in the monitoring of overcompensation; |
| --- | --- |

17.

Calls on the Commission to ensure that the intended simplification of State aid rules for SGEI will not lead to a deterioration in the monitoring of overcompensation;

| 18. | Takes note of the Commission’s intention to introduce a ‘de minimis’ arrangement in respect of State aid for SGEI; underlines that clear and unambiguous criteria are needed to determine what services would be covered by it; |
| --- | --- |

18.

Takes note of the Commission’s intention to introduce a ‘de minimis’ arrangement in respect of State aid for SGEI; underlines that clear and unambiguous criteria are needed to determine what services would be covered by it;

| 19. | Insists that any proposal to exempt in principle further categories of SGEI from the notification requirement must be based on evidence that such an exemption from the rules is justified and necessary, and does not unduly distort competition; |
| --- | --- |

19.

Insists that any proposal to exempt in principle further categories of SGEI from the notification requirement must be based on evidence that such an exemption from the rules is justified and necessary, and does not unduly distort competition;

| 20. | Underlines the importance of fostering competition in all sectors and not least in the service sector, which constitutes 70 % of the European economy; further highlights the right to establish new companies and services; |
| --- | --- |

20.

Underlines the importance of fostering competition in all sectors and not least in the service sector, which constitutes 70 % of the European economy; further highlights the right to establish new companies and services;

Antitrust

| 21. | Suggests, should the Commission submit a proposal for a horizontal framework governing collective redress, that where appropriate a principle governing follow-on action could be adopted whereby private enforcement under collective redress may be implemented if there has been a prior infringement decision by the Commission or a national competition authority; notes that establishing the principle of follow-on action does not in general preclude the possibility of providing for both stand-alone and follow-on actions; |
| --- | --- |

21.

Suggests, should the Commission submit a proposal for a horizontal framework governing collective redress, that where appropriate a principle governing follow-on action could be adopted whereby private enforcement under collective redress may be implemented if there has been a prior infringement decision by the Commission or a national competition authority; notes that establishing the principle of follow-on action does not in general preclude the possibility of providing for both stand-alone and follow-on actions;

| 22. | Notes that ADR mechanisms often depend on the trader's willingness to cooperate, and believes that the availability of an effective judicial redress system would act as a strong incentive for parties to agree to out-of-court settlements, which is likely to obviate the need for a considerable number of cases, thereby reducing the volume of litigation; encourages the setting-up of ADR schemes at European level so as to make for fast and cheap settlement of disputes as a more attractive option to court proceedings; stresses however, that these mechanisms should remain, as the name indicates, merely an alternative to, not a precondition for, judicial redress; |
| --- | --- |

22.

Notes that ADR mechanisms often depend on the trader's willingness to cooperate, and believes that the availability of an effective judicial redress system would act as a strong incentive for parties to agree to out-of-court settlements, which is likely to obviate the need for a considerable number of cases, thereby reducing the volume of litigation; encourages the setting-up of ADR schemes at European level so as to make for fast and cheap settlement of disputes as a more attractive option to court proceedings; stresses however, that these mechanisms should remain, as the name indicates, merely an alternative to, not a precondition for, judicial redress;

| 23. | Emphasises that following the Court judgments in Cases 360/09, Pfleiderer, and 437/08, CDC Hydrogen Peroxide, the Commission must ensure that collective redress does not compromise the effectiveness of the competition law leniency system and settlement procedure; |
| --- | --- |

23.

Emphasises that following the Court judgments in Cases 360/09, Pfleiderer, and 437/08, CDC Hydrogen Peroxide, the Commission must ensure that collective redress does not compromise the effectiveness of the competition law leniency system and settlement procedure;

| 24. | Believes that proper account should be taken of the specific issues arising in the competition field and that any instrument applicable to collective redress must take full and proper account of the specific nature of the antitrust sector; |
| --- | --- |

24.

Believes that proper account should be taken of the specific issues arising in the competition field and that any instrument applicable to collective redress must take full and proper account of the specific nature of the antitrust sector;

| 25. | Reiterates that, as regards collective redress in competition policy, safeguards need to be introduced in order to prevent the development of a class-action system involving frivolous claims and excessive litigation and to guarantee equality of arms in court proceedings; stresses that such safeguards must cover, inter alia, the following points:






  — | the group of claimants must be clearly identified before the claim is brought (opt-in procedure); |
| --- | --- | --- |

25.

Reiterates that, as regards collective redress in competition policy, safeguards need to be introduced in order to prevent the development of a class-action system involving frivolous claims and excessive litigation and to guarantee equality of arms in court proceedings; stresses that such safeguards must cover, inter alia, the following points:

—

the group of claimants must be clearly identified before the claim is brought (opt-in procedure);

| — | public authorities, such as ombudsmen or prosecutors, as well as representative bodies, may bring an action on behalf of a clearly identified group of claimants; |
| --- | --- |

—

public authorities, such as ombudsmen or prosecutors, as well as representative bodies, may bring an action on behalf of a clearly identified group of claimants;

| — | the criteria used to define the representative bodies qualified to bring representative actions need to be established at EU level; |
| --- | --- |

—

the criteria used to define the representative bodies qualified to bring representative actions need to be established at EU level;

| — | a class-action system must be rejected on the grounds that it would promote excessive litigation, may be contrary to some Member States’ constitutions and may affect the rights of any victim who might participate in the procedure unknowingly whilst being bound by the court’s decision; |
| --- | --- |

—

a class-action system must be rejected on the grounds that it would promote excessive litigation, may be contrary to some Member States’ constitutions and may affect the rights of any victim who might participate in the procedure unknowingly whilst being bound by the court’s decision;

| (a) | individual actions allowed:






  — | claimants must in all circumstances be free to make use of the alternative of individual compensatory redress before a competent court; |
| --- | --- | --- |

(a)

individual actions allowed:

—

claimants must in all circumstances be free to make use of the alternative of individual compensatory redress before a competent court;

| — | collective claimants must not be in a better position than individual claimants; |
| --- | --- |

—

collective claimants must not be in a better position than individual claimants;

| (b) | compensation for minor and diffuse damages:






  — | claimants seeking minor and diffuse damages should have appropriate means of access to justice through collective redress and should secure fair compensation; |
| --- | --- | --- |

(b)

compensation for minor and diffuse damages:

—

claimants seeking minor and diffuse damages should have appropriate means of access to justice through collective redress and should secure fair compensation;

| (c) | compensation for actual damage only:






  — | compensation may be awarded only for the actual damage sustained; punitive damages and unfair enrichment must be prohibited; |
| --- | --- | --- |

(c)

compensation for actual damage only:

—

compensation may be awarded only for the actual damage sustained; punitive damages and unfair enrichment must be prohibited;

| — | each claimant must provide evidence for his or her claim; |
| --- | --- |

—

each claimant must provide evidence for his or her claim;

| — | the damages awarded must be distributed to individual claimants in proportion to the harm they sustained individually; |
| --- | --- |

—

the damages awarded must be distributed to individual claimants in proportion to the harm they sustained individually;

| — | by and large, contingency fees are unknown in Europe and must be rejected; |
| --- | --- |

—

by and large, contingency fees are unknown in Europe and must be rejected;

| (d) | loser-pays principle:






  — | no action may be brought if the claimant is defenceless as a result of a lack of financial means; moreover, the procedural costs, and hence the risk, involved in legal action are to be borne by the party which loses the case; it is a matter for the Member States to lay down rules on the allocation of costs in this context; |
| --- | --- | --- |

(d)

loser-pays principle:

—

no action may be brought if the claimant is defenceless as a result of a lack of financial means; moreover, the procedural costs, and hence the risk, involved in legal action are to be borne by the party which loses the case; it is a matter for the Member States to lay down rules on the allocation of costs in this context;

| (e) | no third-party funding:






  — | proceedings should not be pre-financed by third parties, in return, for example, for claimants agreeing to surrender to third parties possible subsequent entitlements to compensation; |
| --- | --- | --- |

(e)

no third-party funding:

—

proceedings should not be pre-financed by third parties, in return, for example, for claimants agreeing to surrender to third parties possible subsequent entitlements to compensation;

| 26. | Stresses that any horizontal framework must ensure compliance with two basic premises:






  — | Member States will not apply more restrictive conditions to the collective redress cases arising out of the infringement of EU law than those applied to cases arising out of the infringement of national law; |
| --- | --- | --- |

26.

Stresses that any horizontal framework must ensure compliance with two basic premises:

—

Member States will not apply more restrictive conditions to the collective redress cases arising out of the infringement of EU law than those applied to cases arising out of the infringement of national law;

| — | none of the principles laid out in the horizontal framework will prevent the adoption of further measures to ensure that EU law is fully effective; |
| --- | --- |

—

none of the principles laid out in the horizontal framework will prevent the adoption of further measures to ensure that EU law is fully effective;

| 27. | Welcomes the legislative instrument announced by the Commission in its 2012 Work Programme covering actions for damages for breaches of antitrust law; stresses that it should take account of earlier Parliament resolutions on the topic, and emphasises that it should be adopted under the ordinary legislative procedure; |
| --- | --- |

27.

Welcomes the legislative instrument announced by the Commission in its 2012 Work Programme covering actions for damages for breaches of antitrust law; stresses that it should take account of earlier Parliament resolutions on the topic, and emphasises that it should be adopted under the ordinary legislative procedure;

| 28. | Believes that the fining policy is an important tool for public enforcement and deterrence; |
| --- | --- |

28.

Believes that the fining policy is an important tool for public enforcement and deterrence;

| 29. | Notes that behaviours are motivated not only by penalties but also by encouraging compliance; favours an approach that serves as an effective deterrent while encouraging compliance; |
| --- | --- |

29.

Notes that behaviours are motivated not only by penalties but also by encouraging compliance; favours an approach that serves as an effective deterrent while encouraging compliance;

| 30. | Emphasises that a policy of high fines is not and should continue not to be used as an alternative EU-budget financing mechanism; |
| --- | --- |

30.

Emphasises that a policy of high fines is not and should continue not to be used as an alternative EU-budget financing mechanism;

| 31. | Notes that the method for setting fines is contained in a non-legislative instrument - the 2006 Fining Guidelines - and urges once again the Commission to incorporate a detailed basis for calculating fines, along with new fining principles, into Regulation (EC) No 1/2003; |
| --- | --- |

31.

Notes that the method for setting fines is contained in a non-legislative instrument - the 2006 Fining Guidelines - and urges once again the Commission to incorporate a detailed basis for calculating fines, along with new fining principles, into Regulation (EC) No 1/2003;

| 32. | Encourages the Commission to review its fining guidelines and suggests that it evaluate principles such as:






  — | taking into account that the implementation of robust compliance programmes should not have negative implications for the infringer beyond what is a proportionate remedy to the infringement; |
| --- | --- | --- |

32.

Encourages the Commission to review its fining guidelines and suggests that it evaluate principles such as:

—

taking into account that the implementation of robust compliance programmes should not have negative implications for the infringer beyond what is a proportionate remedy to the infringement;

| — | introducing a distinction on the level of fines for undertakings who have acted intentionally or negligently; |
| --- | --- |

—

introducing a distinction on the level of fines for undertakings who have acted intentionally or negligently;

| — | taking into account the interaction between public and private liabilities under EU antitrust law; the Commission should make sure fines take into account any compensation already paid to third parties; this should be also applicable to undertakings benefiting from leniency; furthermore the infringer could be encouraged to pay damages on an out-of-court settlement basis before the final decision on the fine is taken; |
| --- | --- |

—

taking into account the interaction between public and private liabilities under EU antitrust law; the Commission should make sure fines take into account any compensation already paid to third parties; this should be also applicable to undertakings benefiting from leniency; furthermore the infringer could be encouraged to pay damages on an out-of-court settlement basis before the final decision on the fine is taken;

| — | specifying conditions under which parent companies who exercise decisive influence over a subsidiary but are not directly involved in an infringement should be made jointly and severally liable for antitrust infringements on the part of their subsidiaries; |
| --- | --- |

—

specifying conditions under which parent companies who exercise decisive influence over a subsidiary but are not directly involved in an infringement should be made jointly and severally liable for antitrust infringements on the part of their subsidiaries;

| — | requiring, as regards recidivism, a clear connection between, on one hand, the infringement under investigation and past infringements and, on the other, the undertaking concerned; a maximum time-limit should be taken into consideration; |
| --- | --- |

—

requiring, as regards recidivism, a clear connection between, on one hand, the infringement under investigation and past infringements and, on the other, the undertaking concerned; a maximum time-limit should be taken into consideration;

| 33. | Notes that the number of requests for fine reduction on account of an inability to pay has increased, particularly from ‘mono-product’ undertakings and SMEs; deems that a system of delayed and/or split payments could be considered as an alternative to fine reduction in order to avoid putting undertakings out of business; |
| --- | --- |

33.

Notes that the number of requests for fine reduction on account of an inability to pay has increased, particularly from ‘mono-product’ undertakings and SMEs; deems that a system of delayed and/or split payments could be considered as an alternative to fine reduction in order to avoid putting undertakings out of business;

| 34. | Awaits an adaptation of the fining guidelines concerning ‘mono-product’ undertakings and SMEs, as announced by Commission Vice-President Joaquín Almunia; |
| --- | --- |

34.

Awaits an adaptation of the fining guidelines concerning ‘mono-product’ undertakings and SMEs, as announced by Commission Vice-President Joaquín Almunia;

| 35. | Welcomes the use of the settlement procedure in cartel cases with a view to making the process more efficient; |
| --- | --- |

35.

Welcomes the use of the settlement procedure in cartel cases with a view to making the process more efficient;

| 36. | Urges the Commission to take a closer look at trickle-down economics when analysing possible abuses of dominant positions, when it discovers that the dominant position has not been abused; |
| --- | --- |

36.

Urges the Commission to take a closer look at trickle-down economics when analysing possible abuses of dominant positions, when it discovers that the dominant position has not been abused;

Merger control

| 37. | Believes that the economic and financial crisis cannot justify a relaxation of EU merger control policies; calls on the Commission to ensure that mergers, and in particular mergers designed to rescue or restructure ailing banks, do not create more ‘too big to fail’ and more generally systemic institutions; |
| --- | --- |

37.

Believes that the economic and financial crisis cannot justify a relaxation of EU merger control policies; calls on the Commission to ensure that mergers, and in particular mergers designed to rescue or restructure ailing banks, do not create more ‘too big to fail’ and more generally systemic institutions;

| 38. | Underlines that the application of competition rules to mergers must be evaluated from the perspective of the entire internal market; |
| --- | --- |

38.

Underlines that the application of competition rules to mergers must be evaluated from the perspective of the entire internal market;

International cooperation

| 39. | Highlights the importance of fostering the global convergence of competition regulation; encourages the Commission to participate actively in the International Competition Network; |
| --- | --- |

39.

Highlights the importance of fostering the global convergence of competition regulation; encourages the Commission to participate actively in the International Competition Network;

| 40. | Encourages the Commission to conclude bilateral cooperation agreements on competition enforcement; welcomes the announcement of the negotiation of such an agreement with Switzerland, and encourages greater coordination of policy and enforcement actions; |
| --- | --- |

40.

Encourages the Commission to conclude bilateral cooperation agreements on competition enforcement; welcomes the announcement of the negotiation of such an agreement with Switzerland, and encourages greater coordination of policy and enforcement actions;

Specific sectors

| 41. | Takes note of the Commission’s Energy 2020 initiative; urges the Commission to pursue the full implementation of the internal energy market package; encourages the Commission, insofar as an open and competitive single market in energy has not yet been fully achieved, to actively monitor competition in energy markets, specifically whenever privatisation of public utilities originates in monopolistic or oligopolistic markets; |
| --- | --- |

41.

Takes note of the Commission’s Energy 2020 initiative; urges the Commission to pursue the full implementation of the internal energy market package; encourages the Commission, insofar as an open and competitive single market in energy has not yet been fully achieved, to actively monitor competition in energy markets, specifically whenever privatisation of public utilities originates in monopolistic or oligopolistic markets;

| 42. | Recalls its invitation to the Commission during the early steps of the implementation of the third energy package to closely monitor the level of competition, since the three largest players still represent about 75 % (electricity) and above 60 % (gas) of the market, despite the gradual opening of the markets in the mid-1990s; invites the Commission to issue guidelines in order to improve the access by renewables to the energy network; |
| --- | --- |

42.

Recalls its invitation to the Commission during the early steps of the implementation of the third energy package to closely monitor the level of competition, since the three largest players still represent about 75 % (electricity) and above 60 % (gas) of the market, despite the gradual opening of the markets in the mid-1990s; invites the Commission to issue guidelines in order to improve the access by renewables to the energy network;

| 43. | Recalls its invitation to the Commission to examine in its next annual report the extent to which the concentration of critical raw materials suppliers may be harmful to the activity of client sectors and a more eco-efficient economy, since some of these are of paramount importance for the deployment of eco-efficient technologies such as photovoltaic panels and lithium-ion batteries; |
| --- | --- |

43.

Recalls its invitation to the Commission to examine in its next annual report the extent to which the concentration of critical raw materials suppliers may be harmful to the activity of client sectors and a more eco-efficient economy, since some of these are of paramount importance for the deployment of eco-efficient technologies such as photovoltaic panels and lithium-ion batteries;

| 44. | Asks the Commission to intensify the efforts that it is making in order to open up competition in the credit rating agencies sector, particularly in so far as barriers to entry, alleged collusive practices and abuse of dominant positions are concerned; calls on the Commission to ensure that all rating agencies abide by the highest standards of integrity, disclosure, transparency and conflict of interest management as set out in the requirements of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (26) in order to ensure the quality of ratings; |
| --- | --- |

44.

Asks the Commission to intensify the efforts that it is making in order to open up competition in the credit rating agencies sector, particularly in so far as barriers to entry, alleged collusive practices and abuse of dominant positions are concerned; calls on the Commission to ensure that all rating agencies abide by the highest standards of integrity, disclosure, transparency and conflict of interest management as set out in the requirements of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (26) in order to ensure the quality of ratings;

| 45. | Calls for the Commission to actively monitor developments in commodity-related markets following the conclusions of the European Council of June 2008 (paragraph 40) and to push forward ambitious legislative proposals within the revision of MiFID and MAD framework in order to tackle speculative practices which adversely affects European industry and generate distortion in the Single Market; |
| --- | --- |

45.

Calls for the Commission to actively monitor developments in commodity-related markets following the conclusions of the European Council of June 2008 (paragraph 40) and to push forward ambitious legislative proposals within the revision of MiFID and MAD framework in order to tackle speculative practices which adversely affects European industry and generate distortion in the Single Market;

| 46. | Underlines that recent investigations carried out by US, UK and Japanese regulators have revealed that, during the crisis, evidence has emerged that US and European banks have manipulated LIBOR rates; is therefore concerned about potential market distortions generated by such practices; |
| --- | --- |

46.

Underlines that recent investigations carried out by US, UK and Japanese regulators have revealed that, during the crisis, evidence has emerged that US and European banks have manipulated LIBOR rates; is therefore concerned about potential market distortions generated by such practices;

| 47. | Encourages the Commission to investigate the competition situation in the retail sector, in particular the consequences of alleged abuse of market power by dominant retail chains with negative consequences for small retailers and producers, namely in the agriculture and food market; |
| --- | --- |

47.

Encourages the Commission to investigate the competition situation in the retail sector, in particular the consequences of alleged abuse of market power by dominant retail chains with negative consequences for small retailers and producers, namely in the agriculture and food market;

| 48. | Recalls its demands to the Commission to carry out a competition inquiry in the agro-food industry to investigate the effect of the market power that major suppliers and retailers hold on the functioning of that market; |
| --- | --- |

48.

Recalls its demands to the Commission to carry out a competition inquiry in the agro-food industry to investigate the effect of the market power that major suppliers and retailers hold on the functioning of that market;

| 49. | Notes the complexity of the food supply chain and the lack of transparency in food pricing; believes that an improved analysis of costs, processes, added value, volumes, prices and margins across all sections of the food supply chain, including enhanced quality transparency, in line with competition law and commercial confidentiality, will enhance the information available to consumers and the transparency of price-setting mechanisms of the food supply chain, thereby improving choice for consumers and avoiding unfair consumer discrimination; welcomes the establishment of the High Level Forum for a Better Functioning Food Supply Chain and its positive effects on the improvement of trading practices; |
| --- | --- |

49.

Notes the complexity of the food supply chain and the lack of transparency in food pricing; believes that an improved analysis of costs, processes, added value, volumes, prices and margins across all sections of the food supply chain, including enhanced quality transparency, in line with competition law and commercial confidentiality, will enhance the information available to consumers and the transparency of price-setting mechanisms of the food supply chain, thereby improving choice for consumers and avoiding unfair consumer discrimination; welcomes the establishment of the High Level Forum for a Better Functioning Food Supply Chain and its positive effects on the improvement of trading practices;

| 50. | Reiterates its call on the Commission to conduct a sector inquiry into online advertising and search engines; |
| --- | --- |

50.

Reiterates its call on the Commission to conduct a sector inquiry into online advertising and search engines;

| 51. | Reiterates its call for an inquiry into the application of public procurement rules, and whether national differences lead to a distortion of competition; |
| --- | --- |

51.

Reiterates its call for an inquiry into the application of public procurement rules, and whether national differences lead to a distortion of competition;

| 52. | Stresses that the completion of the internal market for all transport modes needs to be and to remain the main goal of the European transport policy; |
| --- | --- |

52.

Stresses that the completion of the internal market for all transport modes needs to be and to remain the main goal of the European transport policy;

| 53. | Shares the Commission’s view that the EU still lacks a sufficiently interconnected, interoperable and efficient cross-border transport infrastructure network, which is indispensable for fair competition within the completion of the internal market; |
| --- | --- |

53.

Shares the Commission’s view that the EU still lacks a sufficiently interconnected, interoperable and efficient cross-border transport infrastructure network, which is indispensable for fair competition within the completion of the internal market;

| 54. | Takes the view that competition policy should contribute to promoting and enforcing open standards and interoperability in order to prevent the technological lock-in of consumers and clients by a minority of market players; |
| --- | --- |

54.

Takes the view that competition policy should contribute to promoting and enforcing open standards and interoperability in order to prevent the technological lock-in of consumers and clients by a minority of market players;

| 55. | Notes the lack of competition in the roaming market and stresses the need for improved price transparency; welcomes in this regard the new EU telecom framework rules and the Commission’s proposal for a Roaming III Regulation (COM(2011)0402) which proposes structural measures to improve wholesale competition, with expected benefits on retail competition, prices and choice for consumers; in particular, urges the Commission to meet the objective set in the Digital Agenda for Europe (COM(2010)0245/2) that differences between roaming and national tariffs should be eliminated by 2015; |
| --- | --- |

55.

Notes the lack of competition in the roaming market and stresses the need for improved price transparency; welcomes in this regard the new EU telecom framework rules and the Commission’s proposal for a Roaming III Regulation (COM(2011)0402) which proposes structural measures to improve wholesale competition, with expected benefits on retail competition, prices and choice for consumers; in particular, urges the Commission to meet the objective set in the Digital Agenda for Europe (COM(2010)0245/2) that differences between roaming and national tariffs should be eliminated by 2015;

| 56. | Stresses that increased competition in the broadband sector is essential to achieve the Europe 2020 goal of full coverage for European citizens, bringing benefits to consumers and businesses; asks the Commission to look into possible cases where access to broadband services has been limited at national level; |
| --- | --- |

56.

Stresses that increased competition in the broadband sector is essential to achieve the Europe 2020 goal of full coverage for European citizens, bringing benefits to consumers and businesses; asks the Commission to look into possible cases where access to broadband services has been limited at national level;

| 57. | Urges the Commission to examine the extent to which a too generous allocation of free European Union Allowances (EUA) permits in certain sectors may distort competition, given that these permits, whose efficiency has diminished since the slowdown of the activity, have generated windfall profits for certain companies while reducing their incentive to play their part in the transition to an eco-efficient economy; |
| --- | --- |

57.

Urges the Commission to examine the extent to which a too generous allocation of free European Union Allowances (EUA) permits in certain sectors may distort competition, given that these permits, whose efficiency has diminished since the slowdown of the activity, have generated windfall profits for certain companies while reducing their incentive to play their part in the transition to an eco-efficient economy;

| 58. | Recalls that the Commission has launched a number of infringement procedures against Member States for not properly implementing the First Railway Package; |
| --- | --- |

58.

Recalls that the Commission has launched a number of infringement procedures against Member States for not properly implementing the First Railway Package;

| 59. | Calls on the Commission to ensure that bilateral agreements between countries in the air transport sector do not give formal preference to a specific airport for flights going from one country to another; |
| --- | --- |

59.

Calls on the Commission to ensure that bilateral agreements between countries in the air transport sector do not give formal preference to a specific airport for flights going from one country to another;

| 60. | Urges the Commission to analyse the aviation sector, in particular code-share agreements between airlines which in many cases do not produce any benefits for consumers but merely contribute to greater closure of the market, leading to abuses of dominant positions and concerted practices between undertakings which would otherwise have to act competitively; |
| --- | --- |

60.

Urges the Commission to analyse the aviation sector, in particular code-share agreements between airlines which in many cases do not produce any benefits for consumers but merely contribute to greater closure of the market, leading to abuses of dominant positions and concerted practices between undertakings which would otherwise have to act competitively;

| 61. | Looks forward to the results of the public consultation on the application of the 2005 Aviation Guidelines; encourages the Commission to examine carefully the provisions for assessing social and restructuring aid for airlines in order to clarify whether they are still able to provide a level playing field for air carriers in the market conditions of today, or whether they need a revision; |
| --- | --- |

61.

Looks forward to the results of the public consultation on the application of the 2005 Aviation Guidelines; encourages the Commission to examine carefully the provisions for assessing social and restructuring aid for airlines in order to clarify whether they are still able to provide a level playing field for air carriers in the market conditions of today, or whether they need a revision;

| 62. | Calls on the Commission and the Member States to take action against any discriminatory policies that may be applied in the context of agreements between EU and third countries, in order to avoid competitive distortions between international airlines and thus ensure fair competition; |
| --- | --- |

62.

Calls on the Commission and the Member States to take action against any discriminatory policies that may be applied in the context of agreements between EU and third countries, in order to avoid competitive distortions between international airlines and thus ensure fair competition;

| 63. | Stresses the need to complete the Single European Sky, which will provide a performance scheme to guarantee transparency of service pricing; |
| --- | --- |

63.

Stresses the need to complete the Single European Sky, which will provide a performance scheme to guarantee transparency of service pricing;

| 64. | Repeats that the rules on the obligation to show real, transparent and complete prices of flight tickets should be strictly enforced in the interests of fairer inter- and intra-modal competition; |
| --- | --- |

64.

Repeats that the rules on the obligation to show real, transparent and complete prices of flight tickets should be strictly enforced in the interests of fairer inter- and intra-modal competition;

| 65. | Looks forward to the results of the Commission’s and Parliament’s studies on the financing of seaport structures, which should enable both institutions to evaluate whether the present rules are applied in a coherent way or whether they need to be redefined; |
| --- | --- |

65.

Looks forward to the results of the Commission’s and Parliament’s studies on the financing of seaport structures, which should enable both institutions to evaluate whether the present rules are applied in a coherent way or whether they need to be redefined;

Competition dialogue between Parliament and the Commission

Competition Dialogue

| 66. | Welcomes the attendance of Commission Vice-President Joaquín Almunia at exchanges of views with Parliament, along with the positive cooperation demonstrated this year through the briefings organised by DG COMP; takes the view that an annual meeting between MEPs and the Director-General of DG COMP is a good practice which should be continued; |
| --- | --- |

66.

Welcomes the attendance of Commission Vice-President Joaquín Almunia at exchanges of views with Parliament, along with the positive cooperation demonstrated this year through the briefings organised by DG COMP; takes the view that an annual meeting between MEPs and the Director-General of DG COMP is a good practice which should be continued;

| 67. | Calls, on the occasion of the 40th anniversary of the Commission’s Report on Competition Policy, for the conclusion of an agreement between Parliament and the Commission setting up a comprehensive dialogue on competition policy which should strengthen the role of Parliament as the directly elected body representing European citizens; notes that this practical arrangement should deepen the existing dialogue and maybe institutionalise, without prejudice to the Commission’s exclusive powers under the Treaty, regular dialogue between Parliament and the Commission by setting out the procedures and commitments regarding the follow-up given to Parliament's recommendations; |
| --- | --- |

67.

Calls, on the occasion of the 40th anniversary of the Commission’s Report on Competition Policy, for the conclusion of an agreement between Parliament and the Commission setting up a comprehensive dialogue on competition policy which should strengthen the role of Parliament as the directly elected body representing European citizens; notes that this practical arrangement should deepen the existing dialogue and maybe institutionalise, without prejudice to the Commission’s exclusive powers under the Treaty, regular dialogue between Parliament and the Commission by setting out the procedures and commitments regarding the follow-up given to Parliament's recommendations;

Annual Competition Report

| 68. | Urges the Commission to include in its Annual Report:






  — | a description of the legislative and non-legislative, binding and non-binding, instruments adopted during the year in question, together with a justification for the changes made; |
| --- | --- | --- |

68.

Urges the Commission to include in its Annual Report:

—

a description of the legislative and non-legislative, binding and non-binding, instruments adopted during the year in question, together with a justification for the changes made;

| — | a summary of the contributions received from Parliament and from stakeholders in the context of public consultations, together with a justification as to why it has accepted some of the views expressed and not others; |
| --- | --- |

—

a summary of the contributions received from Parliament and from stakeholders in the context of public consultations, together with a justification as to why it has accepted some of the views expressed and not others;

| — | a description of the measures taken by the Commission during the year in question to enhance the transparency of its decision-making and ensure greater regard for due process; this section should include a report on Competition Dialogue with Parliament; |
| --- | --- |

—

a description of the measures taken by the Commission during the year in question to enhance the transparency of its decision-making and ensure greater regard for due process; this section should include a report on Competition Dialogue with Parliament;

Annual Competition Work Programme

| 69. | Urges the Commission to present the Competition Work Programme at the beginning of each year, including a detailed list of the binding and non-binding competition instruments expected to be adopted during the coming year and of the public consultations envisaged; |
| --- | --- |

69.

Urges the Commission to present the Competition Work Programme at the beginning of each year, including a detailed list of the binding and non-binding competition instruments expected to be adopted during the coming year and of the public consultations envisaged;

| 70. | Stresses that both the Report and the Work Programme should be presented before the ECON Committee by the Commissioner for Competition; |
| --- | --- |

70.

Stresses that both the Report and the Work Programme should be presented before the ECON Committee by the Commissioner for Competition;

*

* *

| 71. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

71.

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

---

(1)  OJ L 1, 4.1.2003, p. 1.

(2)  OJ L 24, 29.1.2004, p. 1.

(3)  OJ C 210, 1.9.2006, p. 2.

(4)  OJ C 270, 25.10.2008, p. 8.

(5)  OJ C 10, 15.1.2009, p. 2.

(6)  OJ C 72, 26.3.2009, p. 1.

(7)  OJ C 195, 19.8.2009, p. 9.

(8)  OJ C 16, 22.1.2009, p. 1.

(9)  OJ C 6, 11.1.2011, p.5.

(10)  http://www.europarl.europa.eu/activities/committees/studies/download.do?language=en&file=42288.

(11)  http://ec.europa.eu/competition/consultations/2010_best_practices/best_practice_articles.pdf.

(12)  http://ec.europa.eu/competition/consultations/2010_best_practices/hearing_officers.pdf.

(13)  http://ec.europa.eu/competition/consultations/2010_best_practices/best_practice_submissions.pdf

(14)  OJ L 304, 20.11.2010, p. 47.

(15)  Each Member of the Commission shall make sure that there is a regular and direct flow of information between the Member of the Commission and the chair of the relevant parliamentary committee.’

(16)  ‘Within 3 months after the adoption of a parliamentary resolution, the Commission shall provide information to Parliament in writing on action taken in response to specific requests addressed to it in Parliament’s resolutions, including in cases where it has not been able to follow Parliament’s views. [...]’

(17)  OJ C 74 E, 20.3.2008, p. 653.

(18)  OJ C 117 E, 6.5.2010, p. 161.

(19)  Texts adopted, P7_TA(2011)0494.

(20)  OJ C 304 E, 1.12.2005, p. 114.

(21)  OJ C 293 E, 2.12.2006, p. 143.

(22)  OJ C 146 E, 12.6.2008, p. 105.

(23)  OJ C 87 E, 1.4.2010, p. 43.

(24)  OJ C 349 E, 22.12.2010, p. 16.

(25)  Texts adopted, P7_TA(2011)0023.

(26)  OJ L 302, 17.11.2009, p. 1.

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